IB 

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.

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

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

2 2005, and for other purposes, namely: 

3 TITLE I 

4 DEPARTMENT OF TRANSPORTATION

5 OFFICE OF THE SECRETARY

6 SALARIES AND EXPENSES

7 For necessary expenses of the Office of the Sec8 retary, $89,000,000, of which not to exceed $2,219,100 

9 shall be available for the immediate Office of the Sec10 retary; not to exceed $704,500 shall be available for the 

11 immediate Office of the Deputy Secretary; not to exceed 

12 $15,394,300 shall be available for the Office of the Gen13 eral Counsel; not to exceed $12,639,000 shall be available 

14 for the Office of the Under Secretary of Transportation 

15 for Policy; not to exceed $8,572,900 shall be available for 

16 the Office of the Assistant Secretary for Budget and Pro17 grams; not to exceed $2,315,700 shall be available for the 

18 Office of the Assistant Secretary for Governmental Af19 fairs; not to exceed $23,435,700 shall be available for the 

20 Office of the Assistant Secretary for Administration; not 

21 to exceed $1,928,700 shall be available for the Office of 

22 Public Affairs; not to exceed $1,456,000 shall be avail23 able for the Office of the Executive Secretariat; not to ex24 ceed $704,000 shall be available for the Board of Con25 tract Appeals; not to exceed $1,277,200 shall be available 
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1 for the Office of Small and Disadvantaged Business Uti2 lization; not to exceed $2,052,900 for the Office of Intel3 ligence and Security; not to exceed $3,300,000 shall be 

4 available for the Office of Emergency Transportation; 

5 and not to exceed $13,000,000 shall be available for the 

6 Office of the Chief Information Officer: Provided, That 

7 the Secretary of Transportation is authorized to transfer 

8 funds appropriated for any office of the Office of the Sec9 retary to any other office of the Office of the Secretary: 

10 Provided further, That no appropriation for any office 

11 shall be increased or decreased by more than 5 percent 

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

13 in funding greater than 5 percent shall be submitted for 

14 approval to the House and Senate Committees on Appro15 priations: Provided further, That not to exceed $60,000 

16 shall be for allocation within the Department for official 

17 reception and representation expenses as the Secretary 

18 may determine: Provided further, That notwithstanding 

19 any other provision of law, excluding fees authorized in 

20 Public Law 107–71, there may be credited to this appro21 priation up to $2,500,000 in funds received in user fees: 

22 Provided further, That none of the funds provided in this 

23 Act shall be available for the position of Assistant Sec24 retary for Public Affairs. 
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1 OFFICE OF CIVIL RIGHTS

2 For necessary expenses of the Office of Civil Rights, 

3 $8,700,000. 

4 TRANSPORTATION PLANNING, RESEARCH, AND

5 DEVELOPMENT

6 For necessary expenses for conducting transpor7 tation planning, research, systems development, develop8 ment activities, and making grants, to remain available 

9 until expended, $10,800,000. 

10 WORKING CAPITAL FUND

11 Necessary expenses for operating costs and capital 

12 outlays of the Working Capital Fund, not to exceed 

13 $125,000,000, shall be paid from appropriations made 

14 available to the Department of Transportation: Provided,

15 That such services shall be provided on a competitive basis 

16 to entities within the Department of Transportation: Pro17 vided further, That the above limitation on operating ex18 penses shall not apply to non-DOT entities: Provided fur19 ther, That no funds appropriated in this Act to an agency 

20 of the Department shall be transferred to the Working 

21 Capital Fund without the approval of the agency modal 

22 administrator: Provided further, That no assessments may 

23 be levied against any program, budget activity, subactivity 

24 or project funded by this Act unless notice of such assess25 ments and the basis therefor are presented to the House 
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1 and Senate Committees on Appropriations and are ap2 proved by such Committees. 

3 MINORITY BUSINESS RESOURCE CENTER PROGRAM

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

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

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

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

11 administrative expenses to carry out the guaranteed loan 

12 program, $400,000. 

13 MINORITY BUSINESS OUTREACH

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

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

18 business opportunities related to any mode of transpor19 tation. 

20 PAYMENTS TO AIR CARRIERS

21 (AIRPORT AND AIRWAY TRUST FUND)

22 In addition to funds made available from any other 

23 source to carry out the essential air service program under 

24 49 U.S.C. 41731 through 41742, $51,700,000, to be de25 rived from the Airport and Airway Trust Fund, to remain 

26 available until expended. 
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1 FEDERAL AVIATION ADMINISTRATION

2 OPERATIONS

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

6 transportation, administrative expenses for research and 

7 development, establishment of air navigation facilities, 

8 the operation (including leasing) and maintenance of air9 craft, subsidizing the cost of aeronautical charts and 

10 maps sold to the public, lease or purchase of passenger 

11 motor vehicles for replacement only, in addition to 

12 amounts made available by Public Law 108–176, 

13 $7,726,000,000, of which $6,002,000,000 shall be de14 rived from the Airport and Airway Trust Fund, of which 

15 not to exceed $6,160,617,600 shall be available for air 

16 traffic services activities; not to exceed $916,894,000 

17 shall be available for aviation regulation and certification 

18 activities; not to exceed $224,039,000 shall be available 

19 for research and acquisition activities; not to exceed 

20 $11,674,000 shall be available for commercial space 

21 transportation activities; not to exceed $50,624,000 shall 

22 be available for financial services activities; not to exceed 

23 $69,821,600 shall be available for human resources pro24 gram activities; not to exceed $149,569,800 shall be 

25 available for region and center operations and regional 
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1 coordination activities; not to exceed $139,302,000 shall 

2 be available for staff offices; and not to exceed 

3 $38,254,000 shall be available for information services: 

4 Provided, That none of the funds in this Act shall be 

5 available for the Federal Aviation Administration to fi6 nalize or implement any regulation that would promul7 gate new aviation user fees not specifically authorized by 

8 law after the date of the enactment of this Act: Provided 

9 further, That there may be credited to this appropriation 

10 funds received from States, counties, municipalities, for11 eign authorities, other public authorities, and private 

12 sources, for expenses incurred in the provision of agency 

13 services, including receipts for the maintenance and oper14 ation of air navigation facilities, and for issuance, re15 newal or modification of certificates, including airman, 

16 aircraft, and repair station certificates, or for tests re17 lated thereto, or for processing major repair or alteration 

18 forms: Provided further, That of the funds appropriated 

19 under this heading, not less than $7,000,000 shall be for 

20 the contract tower cost-sharing program: Provided fur21 ther, That funds may be used to enter into a grant agree22 ment with a nonprofit standard-setting organization to 

23 assist in the development of aviation safety standards: 

24 Provided further, That none of the funds in this Act shall 

25 be available for new applicants for the second career 
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1 training program: Provided further, That none of the 

2 funds in this Act shall be available for paying premium 

3 pay under 5 U.S.C. 5546(a) to any Federal Aviation Ad4 ministration employee unless such employee actually per5 formed work during the time corresponding to such pre6 mium pay: Provided further, That none of the funds in 

7 this Act may be obligated or expended to operate a 

8 manned auxiliary flight service station in the contiguous 

9 United States: Provided further, That none of the funds 

10 in this Act for aeronautical charting and cartography are 

11 available for activities conducted by, or coordinated 

12 through, the Working Capital Fund: Provided further, 

13 That of the funds provided under this heading, 

14 $4,000,000 is available only for recruitment, personnel 

15 compensation and benefits, and related costs to raise the 

16 level of operational air traffic control supervisors to the 

17 level of 1,846: Provided further, That none of the funds 

18 in this Act may be obligated or expended for an employee 

19 of the Federal Aviation Administration to purchase a 

20 store gift card or gift certificate through use of a Govern21 ment-issued credit card. 

22 FACILITIES AND EQUIPMENT

23 (AIRPORT AND AIRWAY TRUST FUND)

24 For necessary expenses, not otherwise provided for, 

25 for acquisition, establishment, technical support services, 

26 improvement by contract or purchase, and hire of air 
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1 navigation and experimental facilities and equipment, as 

2 authorized under part A of subtitle VII of title 49, 

3 United States Code, including initial acquisition of nec4 essary sites by lease or grant; engineering and service 

5 testing, including construction of test facilities and acqui6 sition of necessary sites by lease or grant; construction 

7 and furnishing of quarters and related accommodations 

8 for officers and employees of the Federal Aviation Ad9 ministration stationed at remote localities where such ac10 commodations are not available; and the purchase, lease, 

11 or transfer of aircraft from funds available under this 

12 heading; to be derived from the Airport and Airway 

13 Trust Fund, $2,500,000,000, of which $2,056,300,000 

14 shall remain available until September 30, 2007, and of 

15 which $443,700,000 shall remain available until Sep16 tember 30, 2005: Provided, That there may be credited 

17 to this appropriation funds received from States, coun18 ties, municipalities, other public authorities, and private 

19 sources, for expenses incurred in the establishment and 

20 modernization of air navigation facilities: Provided fur21 ther, That upon initial submission to the Congress of the 

22 fiscal year 2006 President’s budget, the Secretary of 

23 Transportation shall transmit to the Congress a com24 prehensive capital investment plan for the Federal Avia25 tion Administration which includes funding for each 
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1 budget line item for fiscal years 2006 through 2010, with 

2 total funding for each year of the plan constrained to the 

3 funding targets for those years as estimated and ap4 proved by the Office of Management and Budget: Pro5 vided further, That of the funds provided under this 

6 heading, not less than $3,000,000 is for contract audit 

7 services provided by the Defense Contract Audit Agency. 

8 RESEARCH, ENGINEERING, AND DEVELOPMENT

9 (AIRPORT AND AIRWAY TRUST FUND)

10 For necessary expenses, not otherwise provided for, 

11 for research, engineering, and development, as authorized 

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

13 Code, including construction of experimental facilities 

14 and acquisition of necessary sites by lease or grant, 

15 $117,000,000, to be derived from the Airport and Airway 

16 Trust Fund and to remain available until September 30, 

17 2007: Provided, That there may be credited to this ap18 propriation funds received from States, counties, munici19 palities, other public authorities, and private sources, for 

20 expenses incurred for research, engineering, and develop21 ment. 
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1 GRANTS-IN-AID FOR AIRPORTS

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (LIMITATION ON OBLIGATIONS)

4 RESCISSION OF CONTRACT AUTHORIZATION

5 (AIRPORT AND AIRWAY TRUST FUND)

6 For liquidation of obligations incurred for grants-in7 aid for airport planning and development, and noise com8 patibility planning and programs as authorized under 

9 subchapter I of chapter 471 and subchapter I of chapter 

10 475 of title 49, United States Code, and under other law 

11 authorizing such obligations; for procurement, installa12 tion, and commissioning of runway incursion prevention 

13 devices and systems at airports of such title; for grants 

14 authorized under section 41743 of title 49, United States 

15 Code; and for inspection activities and administration of 

16 airport safety programs, including those related to air17 port operating certificates under section 44706 of title 

18 49, United States Code, $3,200,000,000, to be derived 

19 from the Airport and Airway Trust Fund and to remain 

20 available until expended: Provided, That none of the 

21 funds under this heading shall be available for the plan22 ning or execution of programs the obligations for which 

23 are in excess of $3,993,000,000 in fiscal year 2005, not24 withstanding section 47117(g) of title 49, United States 

25 Code: Provided further, That none of the funds under this 

26 heading shall be available for the replacement of baggage 
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1 conveyor systems, reconfiguration of terminal baggage 

2 areas, or other airport improvements that are necessary 

3 to install bulk explosive detection systems: Provided fur4 ther, That notwithstanding any other provision of law, 

5 not more than $69,302,000 of funds limited under this 

6 heading shall be obligated for administration and not less 

7 than $20,000,000 shall be for the Small Community Air 

8 Service Development Pilot Program: Provided further, 

9 That of the funds made available for the Small Commu10 nity Air Service Development Pilot Program, $4,000,000 

11 shall be for airports which have been discontinued from 

12 the Essential Air Service program since January 1, 2001: 

13 Provided further, That of amounts available in this or 

14 prior year Acts under 49 U.S.C. 48112 and 48103, as 

15 amended, $758,000,000 are rescinded. 

16 GENERAL PROVISIONS—FEDERAL AVIATION

17 ADMINISTRATION

18 SEC. 101. Notwithstanding any other provision of 

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

20 Federal Aviation Administration (FAA) instrument land21 ing systems (along with associated approach lighting 

22 equipment and runway visual range equipment) which 

23 conform to FAA design and performance specifications, 

24 the purchase of which was assisted by a Federal airport25 aid program, airport development aid program or airport 
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1 improvement program grant: Provided, That, the Federal 

2 Aviation Administration shall accept such equipment, 

3 which shall thereafter be operated and maintained by 

4 FAA in accordance with agency criteria. 

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

6 used to compensate in excess of 375 technical staff-years 

7 under the federally funded research and development cen8 ter contract between the Federal Aviation Administration 

9 and the Center for Advanced Aviation Systems Develop10 ment during fiscal year 2005. 

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

12 Act may be used for engineering work related to an addi13 tional runway at Louis Armstrong New Orleans Inter14 national Airport. 

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

16 used to pursue or adopt guidelines or regulations requir17 ing airport sponsors to provide to the Federal Aviation 

18 Administration without cost building construction, main19 tenance, utilities and expenses, or space in airport spon20 sor-owned buildings for services relating to air traffic 

21 control, air navigation, or weather reporting: Provided,

22 That the prohibition of funds in this section does not 

23 apply to negotiations between the agency and airport 

24 sponsors to achieve agreement on ‘‘below-market’’ rates 

25 for these items or to grant assurances that require air-
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1 port sponsors to provide land without cost to the FAA for 

2 air traffic control facilities. 

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

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

5 prior permission rules at Teterboro Airport in Teterboro, 

6 New Jersey. 

7 SEC. 106. WAR RISK INSURANCE.—Title 49, United 

8 States Code, is amended: 

9 (a) In section 44302(f) by striking ‘‘August 31, 2004, 

10 and may extend through December 31, 2004,’’ and insert11 ing in lieu thereof ‘‘December 31, 2005’’. 

12 (b) In section 44302(g)(1) by striking ‘‘may provide’’ 

13 and inserting in lieu thereof ‘‘shall make available’’. 

14 (c) In section 44303(b) by—

15 (1) striking ‘‘December 31, 2004’’ and inserting 

16 in lieu thereof ‘‘December 31, 2005.’’

17 (2) striking the phrase ‘‘may extend’’ in the 

18 last sentence of the subsection and inserting in lieu 

19 thereof ‘‘shall extend’’. 

20 FEDERAL HIGHWAY ADMINISTRATION

21 LIMITATION ON ADMINISTRATIVE EXPENSES

22 Necessary expenses for administration and operation 

23 of the Federal Highway Administration, not to exceed 

24 $346,000,000, shall be paid in accordance with law from 

25 appropriations made available by this Act to the Federal 
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1 Highway Administration together with advances and re2 imbursements received by the Federal Highway Adminis3 tration. 

4 FEDERAL-AID HIGHWAYS

5 (LIMITATION ON OBLIGATIONS) 

6 (HIGHWAY TRUST FUND) 

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

8 the implementation or execution of programs, the obliga9 tions for which are in excess of $34,641,000,000 for Fed10 eral-aid highways and highway safety construction pro11 grams for fiscal year 2005: Provided, That within the 

12 $34,641,000,000 obligation limitation on Federal-aid 

13 highways and highway safety construction programs, not 

14 more than $478,000,000 shall be available for the imple15 mentation or execution of programs for transportation re16 search (sections 502, 503, 504, 506, 507, and 508 of 

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

18 of title 49, United States Code, as amended; and sections 

19 5112 and 5204–5209 of Public Law 105–178) for fiscal 

20 year 2005: Provided further, That this limitation on 

21 transportation research programs shall not apply to any 

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

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (HIGHWAY TRUST FUND)

4 Notwithstanding any other provision of law, for car5 rying out the provisions of title 23, United States Code, 

6 that are attributable to Federal-aid highways, including 

7 the National Scenic and Recreational Highway as author8 ized by 23 U.S.C. 148, not otherwise provided, including 

9 reimbursement for sums expended pursuant to the provi10 sions of 23 U.S.C. 308, $35,000,000,000 or so much 

11 thereof as may be available in and derived from the 

12 Highway Trust Fund, to remain available until expended. 

13 FEDERAL-AID HIGHWAYS

14 HIGHWAY TRUST FUND

15 (RESCISSION)

16 Of the unobligated balances of funds apportioned to 

17 each State under the programs authorized under sections 

18 1101(a)(1), 1101(a)(2), 1101(a)(3), 1101(a)(4), and 

19 1101(a)(5) of Public Law 105–178, as amended, 

20 $386,000,000 are rescinded. 

21 GENERAL PROVISIONS—FEDERAL HIGHWAY

22 ADMINISTRATION

23 SEC. 121. (a) For fiscal year 2005, the Secretary of 

24 Transportation shall—

25 (1) not distribute from the obligation limitation 

26 for Federal-aid Highways amounts authorized for 
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1 administrative expenses by section 104(a)(1)(A) and 

2 104(a)(1)(B) of title 23, United States Code, for the 

3 highway use tax evasion program, and for the Bu4 reau of Transportation Statistics; 

5 (2) not distribute an amount from the obliga6 tion limitation for Federal-aid Highways that is 

7 equal to the unobligated balance of amounts made 

8 available from the Highway Trust Fund (other than 

9 the Mass Transit Account) for Federal-aid highways 

10 and highway safety programs for the previous fiscal 

11 year the funds for which are allocated by the Sec12 retary; 

13 (3) determine the ratio that—

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

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

17 to 

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

19 appropriated for Federal-aid highways and 

20 highway safety construction programs (other 

21 than sums authorized to be appropriated for 

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

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

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

2 aggregate of the amounts not distributed under 

3 paragraph (1) of this subsection; 

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

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

7 201 of the Appalachian Regional Development Act 

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

9 under section 105 of title 23, United States Code 

10 (relating to minimum guarantee) so that the amount 

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

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

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

17 (5) distribute the obligation limitation provided 

18 for Federal-aid Highways less the aggregate 

19 amounts not distributed under paragraphs (1) and 

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

21 for each of the programs that are allocated by the 

22 Secretary under title 23, United States Code (other 

23 than activities to which paragraph (1) applies and 

24 programs to which paragraph (4) applies) by multi25 plying the ratio determined under paragraph (3) by 
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1 the sums authorized to be appropriated for such pro2 gram for such fiscal year; and 

3 (6) distribute the obligation limitation provided 

4 for Federal-aid Highways less the aggregate 

5 amounts not distributed under paragraphs (1) and 

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

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

8 construction programs (other than the minimum 

9 guarantee program, but only to the extent that 

10 amounts apportioned for the minimum guarantee 

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

12 and the Appalachian development highway system 

13 program) that are apportioned by the Secretary 

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

15 that—

16 (A) sums authorized to be appropriated for 

17 such programs that are apportioned to each 

18 State for such fiscal year, bear to 

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

20 appropriated for such programs that are appor21 tioned to all States for such fiscal year. 

22 (b) The obligation limitation for Federal-aid High23 ways shall not apply to obligations: (1) under section 125 

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

25 the Surface Transportation Assistance Act of 1978; (3) 
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1 under section 9 of the Federal-Aid Highway Act of 1981; 

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

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

4 149(b) and 149(c) of the Surface Transportation and Uni5 form Relocation Assistance Act of 1987; (6) under sec6 tions 1103 through 1108 of the Intermodal Surface 

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

8 157 of title 23, United States Code, as in effect on the 

9 day before the date of the enactment of the Transpor10 tation Equity Act for the 21st Century; and (8) under sec11 tion 105 of title 23, United States Code (but, only in an 

12 amount equal to $639,000,000 for such fiscal year); and 

13 for Federal-aid highway programs for which obligation au14 thority was made available under the Transportation Eq15 uity Act for the 21st Century or subsequent public laws 

16 for multiple years or to remain available until used, but 

17 only to the extent that such obligation authority has not 

18 lapsed or been used. 

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

20 shall after August 1 for such fiscal year revise a distribu21 tion of the obligation limitation made available under sub22 section (a) if a State will not obligate the amount distrib23 uted during that fiscal year and redistribute sufficient 

24 amounts to those States able to obligate amounts in addi25 tion to those previously distributed during that fiscal year 
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1 giving priority to those States having large unobligated 

2 balances of funds apportioned under sections 104 and 144 

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

4 on the day before the enactment of the Transportation Eq5 uity Act for the 21st Century) of title 23, United States 

6 Code, and under section 1015 of the Intermodal Surface 

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

8 1945). 

9 (d) The obligation limitation shall apply to transpor10 tation research programs carried out under chapter 5 of 

11 title 23, United States Code, except that obligation au12 thority made available for such programs under such limi13 tation shall remain available for a period of 3 fiscal years. 

14 (e) Not later than 30 days after the date of the dis15 tribution of obligation limitation under subsection (a), the 

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

17 are authorized to be appropriated for such fiscal year for 

18 Federal-aid highways programs (other than the program 

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

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

21 United States Code, and highway-related programs under 

22 chapter 4 of title 23, United States Code; and (2) that 

23 the Secretary determines will not be allocated to the 

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

25 fiscal year due to the imposition of any obligation limita-
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1 tion for such fiscal year. Such distribution to the States 

2 shall be made in the same ratio as the distribution of obli3 gation authority under subsection (a)(6). The funds so 

4 distributed shall be available for any purposes described 

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

6 (f) Obligation limitation distributed for a fiscal year 

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

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

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

10 imposed on obligations for federal-aid highway and high11 way safety construction programs for future fiscal years. 

12 SEC. 122. Notwithstanding 31 U.S.C. 3302, funds 

13 received by the Bureau of Transportation Statistics from 

14 the sale of data products, for necessary expenses incurred 

15 pursuant to 49 U.S.C. 111 may be credited to the Fed16 eral-aid highways account for the purpose of reimbursing 

17 the Bureau for such expenses: Provided, That such funds 

18 shall be subject to the obligation limitation for Federal19 aid highways and highway safety construction. 

20 SEC. 123. Notwithstanding any other provision of 

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

22 the 21st Century, item number 89 is amended by striking 

23 ‘‘Construct I–495/Route 2 interchange east of existing 

24 interchange to provide access to commuter rail station, 
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1 Littleton’’ and inserting ‘‘Ayer commuter rail station im2 provements, land acquisition and parking improvements’’. 

3 SEC. 124. Of the $6,000,000 portion of the funds 

4 appropriated under the heading ‘‘Highway Demonstra5 tion Projects’’ in title I of Public Law 102–143 (105 

6 Stat. 929) that was allocated for Routes 70/38 Circle 

7 Elimination, NJ, $4,500,000 shall be transferred to, and 

8 made available for, the following projects in the specified 

9 amounts: Mantua Creek Overpass in Paulsboro, NJ, 

10 $2,000,000; Delsea Drive Route 47 Timber Creek in 

11 Westville, NJ, $787,000; Camden Northern End Parking 

12 Garage in Camden, NJ, $1,213,000; and Route 47 Chap13 el Heights Avenue in Gloucester, NJ, $500,000. 

14 SEC. 125. Division F, title I, section 115 of Public 

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

16 at the end the following: ‘‘: Provided further, That notwith17 standing any other provision of law and the preceding 

18 clauses of this provision, the Secretary of Transportation 

19 may use amounts made available by this section to make 

20 grants for any surface transportation project otherwise eli21 gible for funding under title 23 or title 49, United States 

22 Code’’. 

23 SEC. 126. None of the funds made available in this 

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

25 to post a traffic control device or variable message sign, 
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1 or any other type of traffic warning sign, in a language 

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

3 cities, streets, places, events, or signs related to an inter4 national border. 

5 SEC. 127. Of the funds available under section 

6 104(a)(1)(A) of title 23, United States Code, $4,000,000 

7 shall be available for environmental streamlining activities, 

8 which may include making grants to, or entering into con9 tracts, cooperative agreements, and other transactions, 

10 with a Federal agency, State agency, local agency, author11 ity, association, non-profit or for-profit corporation, or in12 stitution of higher education. 

13 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

14 MOTOR CARRIER SAFETY

15 LIMITATION ON ADMINISTRATIVE EXPENSES

16 (LIQUIDATION OF CONTRACT AUTHORIZATION)

17 (HIGHWAY TRUST FUND)

18 (INCLUDING TRANSFER OF FUNDS)

19 Notwithstanding any other provision of law, none of 

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

21 administration of motor carrier safety programs and 

22 motor carrier safety research, and grants, the obligations 

23 for which are in excess of $248,480,000 for fiscal year 

24 2005: Provided, That $33,000,000 shall be available to 

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

26 governments, or other persons for carrying out border 
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1 commercial motor vehicle safety programs and enforce2 ment activities and projects for the purposes described in 

3 49 U.S.C. 31104(f)(2)(B), and the Federal share payable 

4 under such grants shall be 100 percent; $20,000,000 

5 shall be available to make grants to, or enter into con6 tracts with, States, local governments, or other persons 

7 for commercial driver’s licenses program improvements, 

8 and the Federal share payable under such grants shall be 

9 100 percent; and $14,200,000 shall be available to make 

10 grants to States for implementation of section 210 of the 

11 Motor Carrier Safety Improvement Act of 1999, and the 

12 Federal share payable under such grant shall be 100 per13 cent: Provided further, That notwithstanding any other 

14 provision of law, for payment of obligations incurred to 

15 pay administrative expenses of and grants by the Federal 

16 Motor Carrier Safety Administration, $248,480,000, to 

17 be derived from the Highway Trust Fund, together with 

18 advances and reimbursements received by the Federal 

19 Motor Carrier Safety Administration, the sum of which 

20 shall remain available until expended.

21 NATIONAL MOTOR CARRIER SAFETY PROGRAM

22 (LIQUIDATION OF CONTRACT AUTHORIZATION)

23 (LIMITATION ON OBLIGATIONS)

24 (HIGHWAY TRUST FUND)

25 Notwithstanding any other provision of law, for pay26 ment of obligations incurred in carrying out 49 U.S.C. 
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1 31102, 31106, and 31309, $190,000,000 to be derived 

2 from the Highway Trust Fund and to remain available 

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

4 Act shall be available for the implementation or execution 

5 of programs the obligations for which are in excess of 

6 $190,000,000 for ‘‘Motor Carrier Safety Grants’’ and ‘‘In7 formation Systems,’’ and of which $17,000,000 shall be 

8 available for grants to States for implementation of sec9 tion 210 of the Motor Carrier Safety Improvement Act 

10 of 1999 (113 Stat. 1764–1765) and $1,000,000 shall be 

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

12 entities for commercial driver’s license program improve13 ments: Provided further, That for grants made to States 

14 for implementation of section 210 of the Motor Carrier 

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

16 and for grants to States, local governments, or other enti17 ties for commercial driver’s license program improve18 ments, the Federal share payable under such grants shall 

19 be 100 percent. 

20 GENERAL PROVISIONS—FEDERAL MOTOR CARRIER

21 SAFETY ADMINISTRATION

22 SEC. 141. Funds appropriated or limited in this Act 

23 shall be subject to the terms and conditions stipulated in 

24 section 350 of Public Law 107–87, including that the 

25 Secretary submit a report to the House and Senate Ap26 propriations Committees annually on the safety and secu-
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1 rity of transportation into the United States by Mexico2 domiciled motor carriers. 

3 SEC. 142. No funds appropriated or otherwise made 

4 available by this Act may be used to implement or en5 force any provisions of the Final Rule, issued on April 

6 16, 2003 (Docket No. FMCSA–97–2350), with respect to 

7 the operators of utility service vehicles, as that term is 

8 defined in section 395.2 of title 49, Code of Federal Reg9 ulations. 

10 SEC. 143. None of the funds appropriated or other11 wise made available by this Act shall be used to implement 

12 or enforce 49 CFR subsections 395.3 or 395.8 as they 

13 may apply to operators of utility service vehicles as defined 

14 in 49 CFR 395.2. This prohibition on implementing or 

15 enforcing such regulations shall also apply to any State 

16 or agency receiving funds pursuant to chapter 311 of title 

17 49 U.S.C. 

18 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

19 OPERATIONS AND RESEARCH

20 For expenses necessary to discharge the functions of 

21 the Secretary, with respect to traffic and highway safety 

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

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

24 $129,514,000, of which $107,000,000 shall remain avail25 able until September 30, 2007: Provided, That none of the 
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1 funds appropriated by this Act may be obligated or ex2 pended to plan, finalize, or implement any rulemaking to 

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

4 Regulations any requirement pertaining to a grading 

5 standard that is different from the three grading stand6 ards (treadwear, traction, and temperature resistance) al7 ready in effect: Provided further, That none of the funds 

8 in this Act may be used to augment information tech9 nology or computer support funds provided to NHTSA be10 yond $2,620,000. 

11 OPERATIONS AND RESEARCH

12 (LIQUIDATION OF CONTRACT AUTHORIZATION)

13 (LIMITATION ON OBLIGATIONS)

14 (HIGHWAY TRUST FUND)

15 For payment of obligations incurred in carrying out 

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

17 expended, $90,000,000, to be derived from the Highway 

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

19 shall be available for the planning or execution of pro20 grams the total obligations for which, in fiscal year 2005, 

21 are in excess of $90,000,000 for programs authorized 

22 under 23 U.S.C. 403. 
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1 NATIONAL DRIVER REGISTER

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (LIMITATION ON OBLIGATIONS)

4 (HIGHWAY TRUST FUND)

5 For expenses necessary to discharge the functions of 

6 the Secretary with respect to the National Driver Reg7 ister under payment of obligations incurred in carrying 

8 out chapter 303 of title 49, United States Code, 

9 $3,600,000 to be derived from the Highway Trust Fund: 

10 Provided, That none of the funds in this Act shall be 

11 available for the implementation or execution of programs 

12 the obligations for which are in excess of $3,600,000 for 

13 the National Driver Register authorized under chapter 

14 303 of title 49, United States Code. 

15 HIGHWAY TRAFFIC SAFETY GRANTS

16 (LIQUIDATION OF CONTRACT AUTHORIZATION)

17 (LIMITATION ON OBLIGATIONS)

18 (HIGHWAY TRUST FUND)

19 Notwithstanding any other provision of law, for pay20 ment of obligations incurred in carrying out the provi21 sions of 23 U.S.C. 402, 405, and 410, to remain avail22 able until expended, $225,000,000, to be derived from 

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

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

25 execution of programs the total obligations for which, in 

26 fiscal year 2005, are in excess of $225,000,000 for pro-
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1 grams authorized under 23 U.S.C. 402, 405, and 410, of 

2 which $165,000,000 shall be for ‘‘Highway Safety Pro3 grams’’ under 23 U.S.C. 402, $20,000,000 shall be for 

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

5 405, and $40,000,000 shall be for ‘‘Alcohol-Impaired 

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

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

8 for construction, rehabilitation, or remodeling costs, or 

9 for office furnishings and fixtures for State, local, or pri10 vate buildings or structures: Provided further, That not to 

11 exceed $10,000,000 of the funds made available for sec12 tion 402, not to exceed $2,306,000 of the funds made 

13 available for section 405, and not to exceed $2,000,000 

14 of the funds made available for section 410 shall be avail15 able to NHTSA for administering highway safety grants 

16 under chapter 4 of title 23, United States Code: Provided 

17 further, That not to exceed $500,000 of the funds made 

18 available for section 410 ‘‘Alcohol-Impaired Driving 

19 Countermeasures Grants’’ shall be available for technical 

20 assistance to the States. 

21 GENERAL PROVISIONS—NATIONAL HIGHWAY TRAFFIC

22 SAFETY ADMINISTRATION

23 SEC. 151. Notwithstanding any other provision of 

24 law, States may use funds provided in this Act under sec25 tion 402 of title 23, United States Code, to produce and 

26 place highway safety public service messages in television, 
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1 radio, cinema, and print media, and on the Internet in 

2 accordance with guidance issued by the Secretary of 

3 Transportation: Provided, That any State that uses funds 

4 for such public service messages shall submit to the Sec5 retary a report describing and assessing the effectiveness 

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

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

8 States Code, shall be used as directed by the National 

9 Highway Traffic Safety Administrator to purchase na10 tional paid advertising (including production and place11 ment) to support national safety belt mobilizations: Pro12 vided further, That, of the funds allocated under section 

13 163 of title 23, United States Code, $7,000,000 shall be 

14 used as directed by the Administrator to support national 

15 impaired driving mobilizations and enforcement efforts, 

16 $12,000,000 shall be used as directed by the Adminis17 trator to purchase national paid advertising (including 

18 production and placement) to support such national im19 paired driving mobilizations and enforcement efforts. 

20 SEC. 152. Funds appropriated or limited in this Act 

21 to educate the motoring public on how to share the road 

22 safely with commercial motor vehicles shall be jointly ad23 ministered and implemented by the National Highway 

24 Traffic Safety Administration and the Federal Motor 

25 Carrier Safety Administration. 
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1 FEDERAL RAILROAD ADMINISTRATION

2 SAFETY AND OPERATIONS

3 For necessary expenses of the Federal Railroad Ad4 ministration, not otherwise provided for, $137,738,000, 

5 of which $15,350,000 shall remain available until ex6 pended. 

7 RAILROAD RESEARCH AND DEVELOPMENT

8 For necessary expenses for railroad research and de9 velopment, $33,289,000, to remain available until ex10 pended. 

11 RAILROAD REHABILITATION AND IMPROVEMENT

12 PROGRAM

13 The Secretary of Transportation is authorized to 

14 issue to the Secretary of the Treasury notes or other obli15 gations pursuant to section 512 of the Railroad Revital16 ization and Regulatory Reform Act of 1976 (Public Law 

17 94–210), as amended, in such amounts and at such times 

18 as may be necessary to pay any amounts required pursu19 ant to the guarantee of the principal amount of obliga20 tions under sections 511 through 513 of such Act, such 

21 authority to exist as long as any such guaranteed obliga22 tion is outstanding: Provided, That pursuant to section 

23 502 of such Act, as amended, no new direct loans or loan 

24 guarantee commitments shall be made using Federal 

25 funds for the credit risk premium during fiscal year 

26 2005: Provided further, That within thirty days of enact-
33

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1 ment of this Act, the National Railroad Passenger Cor2 poration shall make full payment of all principal and in3 terest to the Federal Railroad Administrator in satisfac4 tion of the Corporation’s July 3, 2002, direct loan from 

5 the Federal Railroad Administration. 

6 NEXT GENERATION HIGH-SPEED RAIL

7 For necessary expenses for the Next Generation 

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

9 26101 and 26102, $11,000,000, to remain available until 

10 expended. 

11 PENNSYLVANIA STATION REDEVELOPMENT PROJECT

12 (TRANSFER OF FUNDS)

13 Of the unobligated balances of funds made available 

14 in section 232 of appendix E of Public Law 106–113, 

15 $39,827,000 are hereby transferred to and merged with 

16 funds for the Federal Transit Administration, Capital In17 vestment Grants, for the purposes of constructing the New 

18 York Long Island Rail Road East Side Access (Exten19 sion). 

20 GRANTS TO THE NATIONAL RAILROAD PASSENGER

21 CORPORATION

22 To enable the Secretary of Transportation to make 

23 quarterly grants to the National Railroad Passenger Cor24 poration, $900,000,000, to remain available until Sep25 tember 30, 2005: Provided, That not less than 

26 $500,000,000 shall be provided in quarterly grants for 
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1 capital expenses: Provided further, That the Secretary of 

2 Transportation shall approve funding to cover operating 

3 losses and capital expenditures, including advance pur4 chase orders, for the National Railroad Passenger Cor5 poration only after receiving and reviewing a grant re6 quest for each specific train route: Provided further, That 

7 each such grant request shall be accompanied by a de8 tailed financial analysis, revenue projection, and capital 

9 expenditure projection justifying the Federal support to 

10 the Secretary’s satisfaction: Provided further, That the 

11 Secretary of Transportation shall reserve $60,000,000 of 

12 the funds provided under this heading and is authorized 

13 to transfer such sums to the Surface Transportation 

14 Board, upon request from said Board, to carry out di15 rected service orders issued pursuant to section 11123 of 

16 title 49, United States Code to respond to the cessation 

17 of commuter rail operations by the National Railroad 

18 Passenger Corporation: Provided further, That the Sec19 retary of Transportation shall make the reserved funds 

20 available to the National Railroad Passenger Corporation 

21 through an appropriate grant instrument during the end 

22 of the fourth quarter of fiscal year 2005 to the extent 

23 that no directed service orders have been issued by the 

24 Surface Transportation Board as of the date of transfer 

25 or there is a balance of reserved funds not needed by the 
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1 Board to pay for any directed service order issued 

2 through September 30, 2005: Provided further, That not 

3 later than 60 days after enactment of this Act, Amtrak 

4 shall transmit, in electronic format, to the Secretary of 

5 Transportation, the House and Senate Committees on 

6 Appropriations, the House Committee on Transportation 

7 and Infrastructure and the Senate Committee on Com8 merce, Science, and Transportation a comprehensive 

9 business plan approved by the Board of Directors for fis10 cal year 2005 under section 24104(a) of title 49, United 

11 States Code: Provided further, That the business plan 

12 shall include, as applicable, targets for ridership, reve13 nues, and capital and operating expenses: Provided fur14 ther, That the plan shall also include a separate account15 ing of such targets for the Northeast Corridor; commuter 

16 service; long-distance Amtrak service; state-supported 

17 service; each intercity train route; including Autotrain; 

18 and commercial activities including contract operations 

19 and mail and express: Provided further, That the business 

20 plan shall include a description of the work to be funded, 

21 along with cost estimates and an estimated timetable for 

22 completion of the projects covered by this business plan: 

23 Provided further, That not later than October 1, 2004 

24 and no later than 30 days following the last business day 

25 of the previous month thereafter, Amtrak shall submit to 
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1 the Secretary of Transportation and the House and Sen2 ate Committees on Appropriations a supplemental report, 

3 in electronic format, regarding the pending business plan, 

4 which shall describe the work completed to date, any 

5 changes to the business plan, and the reasons for such 

6 changes: Provided further, That none of the funds in this 

7 Act may be used for operating expenses, including ad8 vance purchase orders, and capital projects not approved 

9 by the Secretary of Transportation nor on the National 

10 Railroad Passenger Corporation’s fiscal year 2005 busi11 ness plan: Provided further, That Amtrak shall display 

12 the business plan and all subsequent supplemental plans 

13 on the Corporation’s website within a reasonable time14 frame following their submission to the appropriate enti15 ties: Provided further, That none of the funds under this 

16 heading may be obligated or expended until the National 

17 Railroad Passenger Corporation agrees to continue abid18 ing by the provisions of paragraphs 1, 2, 3, 5, 9, and 11 

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

21 on the date of enactment of this Act: Provided further,

22 That the Secretary of Transportation is authorized to re23 tain up to $4,000,000 of the funds provided to be used 

24 to retain a consultant or consultants to assist the Sec25 retary in preparing a comprehensive valuation of Am-
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1 trak’s assets to be completed not later than September 

2 30, 2005: Provided further, That these funds shall be 

3 available to the Secretary of Transportation until ex4 pended: Provided further, That this valuation shall to be 

5 used to retain a consultant or consultants to develop to 

6 the Secretary’s satisfaction a methodology for deter7 mining the avoidable and fully allocated costs of each 

8 Amtrak route: Provided further, That once the Secretary 

9 has approved the methodology for determining the avoid10 able and fully allocated costs of each Amtrak route, Am11 trak shall apply that methodology in compiling an annual 

12 report to Congress on the avoidable and fully allocated 

13 costs of each of its routes, with the initial report for fis14 cal year 2005 to be submitted to the House and Senate 

15 Committees on Appropriations, the House Committee on 

16 Transportation and Infrastructure, and the Senate Com17 mittee on Commerce, Science, and Transportation before 

18 December 31, 2005, and each subsequent report to be 

19 submitted within ninety days after the end of the fiscal 

20 year to which the report pertains. 

21 GENERAL PROVISIONS—FEDERAL RAILROAD

22 ADMINISTRATION

23 SEC. 161. For the purpose of assisting State-sup24 ported intercity rail service, in order to demonstrate 

25 whether competition will provide higher quality rail pas26 senger service at reasonable prices, the Secretary of 
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1 Transportation, working with affected States, shall con2 tinue to develop and implement a procedure for fair com3 petitive bidding by Amtrak and non-Amtrak operators for 

4 State-supported routes: Provided, That in the event a 

5 State desires to select or selects a non-Amtrak operator 

6 for the route, the State may make an agreement with 

7 Amtrak to use facilities and equipment of, or have serv8 ices provided by, Amtrak under terms agreed to by the 

9 State and Amtrak to enable the non-Amtrak operator to 

10 provide the State-supported service: Provided further,

11 That if the parties cannot agree on terms, the Secretary 

12 shall, as a condition of receipt of Federal grant funds, 

13 order that the facilities and equipment be made available 

14 and the services be provided by Amtrak under reasonable 

15 terms and compensation: Provided further, That when 

16 prescribing reasonable compensation to Amtrak, the Sec17 retary shall consider quality of service as a major factor 

18 when determining whether, and the extent to which, the 

19 amount of compensation shall be greater than the incre20 mental costs of using the facilities and providing the 

21 services: Provided further, That the Secretary may repro22 gram up to $2,500,000 from the Amtrak operating grant 

23 funds for costs associated with the implementation of the 

24 fair bid procedure and demonstration of competition 

25 under this section. 
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1 SEC. 162. Section 24315(b) of title 49 U.S. Code, 

2 is amended to read as follows: 

3 ‘‘(b) AMTRAK ANNUAL REPORT AND BUDGET RE4 QUEST.—(1) Not later than February 15 of each year, 

5 Amtrak shall submit to the President and Congress a com6 plete report of its operations, activities, and accomplish7 ments, including a statement of revenues and expenditures 

8 for the prior fiscal year. The report—

9 ‘‘(A) shall include a discussion and accounting 

10 of Amtrak’s success in meeting the goal of section 

11 24902(b) of this title; and 

12 ‘‘(B) may include recommendations for other 

13 legislation. 

14 ‘‘(2) Not later than May 1st of each year, Amtrak’s 

15 Board of Directors shall submit to the Secretary of Trans16 portation Amtrak’s budget request for the fiscal year com17 mencing 17 months later. 

18 ‘‘(3) The Secretary shall annually submit to Congress 

19 an approved budget request for Amtrak as part of the 

20 President’s annual budget request to Congress. 

21 ‘‘(4) Amtrak shall not submit any other requests for 

22 funding unless such requests have been approved by the 

23 Secretary of Transportation.’’. 

24 SEC. 163. Notwithstanding any provisions of this or 

25 any other Act, during the fiscal year ending September 
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1 30, 2005, and hereafter, the Federal Railroad Administra2 tion may use funds appropriated by this or any other Act 

3 to provide for the installation of a broadband high speed 

4 internet service connection, including necessary equip5 ment, for Federal Railroad Administration employees, and 

6 to either pay directly recurring monthly charges or to re7 imburse a percentage of such monthly charges which are 

8 paid by such inspectors: Provided, That the Federal Rail9 road Administration certifies that adequate safeguards 

10 against private misuse exist, and that the service is nec11 essary for direct support of the agency’s mission. 

12 FEDERAL TRANSIT ADMINISTRATION

13 ADMINISTRATIVE EXPENSES

14 For necessary administrative expenses of the Fed15 eral Transit Administration’s programs authorized by 

16 chapter 53 of title 49, United States Code, $15,100,000: 

17 Provided, That no more than $75,500,000 of budget au18 thority shall be available for these purposes: Provided fur19 ther, That of the funds available not to exceed $424,565 

20 shall be available for the Office of the Administrator; not 

21 to exceed $6,715,000 shall be available for the Office of 

22 Administration; not to exceed $4,061,000 shall be avail23 able for the Office of the Chief Counsel; not to exceed 

24 $1,200,000 shall be available for the Office of Commu25 nication and Congressional Affairs; not to exceed 
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1 $7,600,000 shall be available for the Office of Program 

2 Management; not to exceed $6,700,000 shall be available 

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

4 $2,750,000 shall be available for the Office of Civil 

5 Rights; not to exceed $4,000,000 shall be available for 

6 the Office of Planning; not to exceed $19,982,000 shall 

7 be available for regional offices; and not to exceed 

8 $19,557,000 shall be available for the central account: 

9 Provided further, That the Administrator is authorized to 

10 transfer funds appropriated for an office of the Federal 

11 Transit Administration: Provided further, That no appro12 priation for an office shall be increased or decreased by 

13 more than a total of 3 percent by all such transfers: Pro14 vided further, That any change in funding totaling an 

15 amount greater than 3 percent during the fiscal year 

16 shall be submitted for approval to the House and Senate 

17 Committees on Appropriations: Provided further, That 

18 any funding transferred from the central account shall be 

19 submitted for approval to the House and Senate Commit20 tees on Appropriations: Provided further, That none of 

21 the funds provided or limited in this or any other Act 

22 may be used to create a permanent office of transit secu23 rity under this heading: Provided further, That of the 

24 funds in this Act available for the execution of contracts 

25 under section 5327(c) of title 49, United States Code, 
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1 $3,000,000 shall be reimbursed to the Department of 

2 Transportation’s Office of Inspector General for costs as3 sociated with audits and investigations of transit-related 

4 issues, including reviews of new fixed guideway systems: 

5 Provided further, That $2,500,000 shall be for the Na6 tional transit database to remain available until ex7 pended: Provided further, That upon submission to the 

8 Congress of the fiscal year 2006 President’s budget, the 

9 Secretary of Transportation shall transmit to Congress 

10 the annual report on new starts, proposed allocations of 

11 funds for fiscal year 2006: Provided further, That the 

12 amount herein appropriated shall be reduced by $20,000 

13 per day for each day after initial submission of the Presi14 dent’s budget that the report has not been submitted to 

15 the Congress. 

16 FORMULA GRANTS

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

18 5308, 5310, 5311, 5327, and section 3038 of Public Law 

19 105–178, $767,800,000 to remain available until ex20 pended: Provided, That no more than $4,039,000,000 of 

21 budget authority shall be available for these purposes. 

22 UNIVERSITY TRANSPORTATION RESEARCH

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

24 $1,200,000, to remain available until expended: Provided,

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

26 be available for these purposes. 
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1 TRANSIT PLANNING AND RESEARCH

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

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

4 5322, $25,200,000, to remain available until expended: 

5 Provided, That no more than $126,000,000 of budget au6 thority shall be available for these purposes: Provided fur7 ther, That $5,250,000 is available to provide rural trans8 portation assistance (49 U.S.C. 5311(b)(2)); $4,000,000 

9 is available to carry out programs under the National 

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

12 (49 U.S.C. 5313(a)); $60,386,600 is available for metro13 politan planning (49 U.S.C. 5303, 5304, and 5305); 

14 $12,614,000 is available for State planning (49 U.S.C. 

15 5313(b)); and $35,500,000 is available for the national 

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

17 TRUST FUND SHARE OF EXPENSES

18 (LIQUIDATION OF CONTRACT AUTHORIZATION)

19 (HIGHWAY TRUST FUND)

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

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

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

24 178, $6,047,200,000, to remain available until expended, 

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

26 Highway Trust Fund: Provided, That $3,271,200,000 
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1 shall be paid to the Federal Transit Administration’s for2 mula grants account: Provided further, That 

3 $100,800,000 shall be paid to the Federal Transit Ad4 ministration’s transit planning and research account: 

5 Provided further, That $60,400,000 shall be paid to the 

6 Federal Transit Administration’s administrative expenses 

7 account: Provided further, That $4,800,000 shall be paid 

8 to the Federal Transit Administration’s university trans9 portation research account: Provided further, That 

10 $100,000,000 shall be paid to the Federal Transit Ad11 ministration’s job access and reverse commute grants 

12 program: Provided further, That $2,510,000,000 shall be 

13 paid to the Federal Transit Administration’s capital in14 vestment grants account. 

15 CAPITAL INVESTMENT GRANTS

16 (INCLUDING TRANSFER OF FUNDS)

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

18 5309, 5318, and 5327, $342,647,000, to remain available 

19 until expended: Provided, That no more than 

20 $2,852,647,000 of budget authority shall be available for 

21 these purposes: Provided further, That there shall be 

22 available for fixed guideway modernization, 

23 $1,214,400,000; there shall be available for the replace24 ment, rehabilitation, and purchase of buses and related 

25 equipment and the construction of bus-related facilities, 

26 $607,400,000, and there shall be available for new fixed 
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1 guideway systems $1,030,827,000, which shall include 

2 $39,827,000 transferred from the ‘‘Federal Railroad Ad3 ministration, Pennsylvania Station Redevelopment Cor4 poration’’, together with $4,307,395 in unobligated bal5 ances made available in Public Law 106–69, $26,259,689 

6 in unobligated balances made available in Public Law 

7 106–346, and $127,347,021 in unobligated balances 

8 made available in Public Law 107–87, to carry out sec9 tion 3037 of Public Law 105–178, as amended, to be 

10 available as follows:

11 Atlanta, Georgia, North Springs Extension, 

12 $260,000; 

13 Baltimore, Maryland, Central Light Rail Dou14 ble Track, $29,010,000; 

15 Chicago, Illinois, Douglas Branch Reconstruc16 tion, $85,000,000; 

17 Chicago, Illinois, Metra Commuter Rail Expan18 sions and Extensions, $52,000,000; 

19 Chicago, Illinois, Ravenswood Line Extension, 

20 $40,000,000; 

21 Denver, Colorado, Southeast Corridor LRT, 

22 $80,000,000; 

23 Fort Lauderdale, Florida, South Florida Com24 muter Rail Upgrades, $11,210,000; 
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1 Las Vegas, Nevada, Resort Corridor Fixed 

2 Guideway Project, $36,800,000; 

3 Los Angeles, California, Eastside Light Rail 

4 Transit Project, $60,000,000; 

5 Los Angeles, California, North Hollywood Ex6 tension, $660,000; 

7 Minneapolis, Minnesota, Hiawatha Light Rail 

8 Project, $33,110,000; 

9 New Orleans, Louisiana, Canal Street Corridor 

10 Project, $16,460,000; 

11 New York, New York Long Island Rail Road 

12 East Side Access, $92,000,000; 

13 Northern New Jersey Hudson-Bergen Light 

14 Rail MOS1, $310,000; 

15 Northern New Jersey Hudson-Bergen Light 

16 Rail MOS2, $100,000,000; 

17 Northern New Jersey Newark-Elizabeth Rail 

18 Line MOS1, $1,340,000; 

19 Phoenix, Arizona, Central Phoenix/East Valley 

20 Light Rail, $69,000,000; 

21 Pittsburgh, Pennsylvania, Stage II Light Rail, 

22 $1,121,000; 

23 Portland, Oregon, Interstate Max Light Rail 

24 Extension, $23,480,000; 
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1 Salt Lake City, Utah, CBD to University LRT, 

2 $1,130,000; 

3 Salt Lake City, Utah, Medical Center Exten4 sion, $8,680,000; 

5 San Diego, California, Mission Valley East 

6 Light Rail Extension, $81,640,000; 

7 San Diego, California, Oceanside-Escondido 

8 Rail Corridor, $55,000,000; 

9 San Francisco, California, BART Extension to 

10 San Francisco International Airport, $100,000,000; 

11 San Juan, Puerto Rico, Tren Urbano Rapid 

12 Transit System, $54,820,000; 

13 Seattle, Washington, Central Link Initial Seg14 ment, $80,000,000; 

15 St. Louis, Missouri, Metrolink St. Clair Exten16 sion, $60,000; 

17 Washington, DC/MD, Largo Metrorail Exten18 sion, $75,430,000; and 

19 Hawaii and Alaska Ferry Boats, $10,296,000. 

20 JOB ACCESS AND REVERSE COMMUTE GRANTS

21 For necessary expenses to carry out section 3037 of 

22 the Federal Transit Act of 1998, $50,000,000, to remain 

23 available until expended: Provided, That no more than 

24 $150,000,000 of budget authority shall be available for 

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

26 the funds provided under this heading may be used by 
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1 the Federal Transit Administration for technical assist2 ance and support and performance reviews of the Job Ac3 cess and Reverse Commute Grants program.

4 GENERAL PROVISIONS—FEDERAL TRANSIT

5 ADMINISTRATION

6 SEC. 171. The limitations on obligations for the pro7 grams of the Federal Transit Administration shall not 

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

9 made available for obligation, or to any other authority 

10 previously made available for obligation. 

11 SEC. 172. Notwithstanding any other provision of 

12 law, and except for fixed guideway modernization 

13 projects, funds made available by this Act under ‘‘Fed14 eral Transit Administration, Capital investment grants’’ 

15 for projects specified in this Act or identified in reports 

16 accompanying this Act not obligated by September 30, 

17 2007, and other recoveries, shall be made available for 

18 other projects under 49 U.S.C. 5309. 

19 SEC. 173. Notwithstanding any other provision of 

20 law, any funds appropriated before October 1, 2004, 

21 under any section of chapter 53 of title 49, United States 

22 Code, that remain available for expenditure may be 

23 transferred to and administered under the most recent 

24 appropriation heading for any such section. 

25 SEC. 174. Notwithstanding any other provision of 

26 law, for the purpose of calculating the non-New Starts 
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1 share of the total project cost of both phases of San 

2 Francisco Muni’s Third Street Light Rail Transit project 

3 for fiscal year 2005, the Secretary of Transportation 

4 shall include all non-New Starts contributions made to5 wards Phase 1 of the two-phase project for engineering, 

6 final design and construction, and also shall allow non7 New Starts funds expended on one element or phase of 

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

9 requirement of any element or phase of the project: Pro10 vided further, That none of the funds provided in this Act 

11 for the San Francisco Muni Third Street Light Rail 

12 Transit Project shall be obligated if the Federal Transit 

13 Administration determines that the project is found to be 

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

15 revised transportation system user benefit data. 

16 SEC. 175. None of the funds in this Act shall be 

17 available to any Federal transit grantee after February 

18 1, 2004, involved directly or indirectly, in any activity 

19 that promotes the legalization or medical use of any sub20 stance listed in schedule I of section 202 of the Con21 trolled Substances Act (21 U.S.C. 812 et seq.). 

22 SEC. 176. From unobligated balances in the Federal 

23 Transit Administration’s Discretionary Grants account, 

24 not to exceed $72,792,311 shall be transferred as follows: 

25 to the Federal Transit Administration’s Formula Grants 
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1 account, not to exceed $42,190,828; and to the Interstate 

2 Transfer Grants—Transit account, not to exceed 

3 $30,601,483: Provided, That these unobligated balances 

4 are used, together with Formula Grant funds that are 

5 available for reapportionment in such account, to restore 

6 obligation authority reduced due to a prior deficiency. 

7 SEC. 177. Notwithstanding any other provision of 

8 law, any unobligated funds designated to the Oklahoma 

9 Transit Association on pages 1305 through 1307 of the 

10 Joint Explanatory Statement of the Committee of Con11 ference for Public Law 108–7 may be made available to 

12 the Metropolitan Tulsa Transit Authority and the Central 

13 Oklahoma Transportation and Parking Authority for any 

14 project or activity authorized under section 3037 of Public 

15 Law 105–178 upon receipt of an application. 

16 SAINT LAWRENCE SEAWAY DEVELOPMENT

17 CORPORATION

18 The Saint Lawrence Seaway Development Corpora19 tion is hereby authorized to make such expenditures, 

20 within the limits of funds and borrowing authority avail21 able to the Corporation, and in accord with law, and to 

22 make such contracts and commitments without regard to 

23 fiscal year limitations as provided by section 104 of the 

24 Government Corporation Control Act, as amended, as 
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1 may be necessary in carrying out the programs set forth 

2 in the Corporation’s budget for the current fiscal year. 

3 OPERATIONS AND MAINTENANCE

4 (HARBOR MAINTENANCE TRUST FUND)

5 For necessary expenses for operations and mainte6 nance of those portions of the Saint Lawrence Seaway 

7 operated and maintained by the Saint Lawrence Seaway 

8 Development Corporation, $15,900,000, to be derived 

9 from the Harbor Maintenance Trust Fund, pursuant to 

10 Public Law 99–662: Provided, That, of this amount, 

11 $1,500,000 shall be for the concrete replacement project 

12 and related expenses at the Eisenhower and Snell Locks. 

13 MARITIME ADMINISTRATION

14 MARITIME SECURITY PROGRAM

15 For necessary expenses to maintain and preserve a 

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

17 needs of the United States, $98,700,000, to remain avail18 able until expended. 

19 OPERATIONS AND TRAINING

20 For necessary expenses of operations and training 

21 activities authorized by law, $106,400,000, of which 

22 $23,753,000 shall remain available until September 30, 

23 2005, for salaries and benefits of employees of the United 

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

25 shall remain available until expended for capital improve26 ments at the United States Merchant Marine Academy; 
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1 and of which $8,090,000 shall remain available until ex2 pended for the State Maritime Schools Schoolship Main3 tenance and Repair. 

4 SHIP DISPOSAL

5 For necessary expenses related to the disposal of ob6 solete vessels in the National Defense Reserve Fleet of 

7 the Maritime Administration, $19,116,000, to remain 

8 available until expended. 

9 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

10 ACCOUNT

11 (INCLUDING TRANSFER OF FUNDS)

12 For administrative expenses to carry out the guaran13 teed loan program, not to exceed $4,764,000, which shall 

14 be transferred to and merged with the appropriation for 

15 Operations and Training. 

16 SHIP CONSTRUCTION

17 (RESCISSION)

18 Of the unobligated balances available under this 

19 heading, $1,979,000 are rescinded. 

20 GENERAL PROVISIONS—MARITIME ADMINISTRATION

21 SEC. 185. Notwithstanding any other provision of 

22 this Act, the Maritime Administration is authorized to 

23 furnish utilities and services and make necessary repairs 

24 in connection with any lease, contract, or occupancy in25 volving Government property under control of the Mari26 time Administration, and payments received therefore 
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1 shall be credited to the appropriation charged with the 

2 cost thereof: Provided, That rental payments under any 

3 such lease, contract, or occupancy for items other than 

4 such utilities, services, or repairs shall be covered into the 

5 Treasury as miscellaneous receipts. 

6 SEC. 186. No obligations shall be incurred during 

7 the current fiscal year from the construction fund estab8 lished by the Merchant Marine Act, 1936, or otherwise, 

9 in excess of the appropriations and limitations contained 

10 in this Act or in any prior appropriations Act. 

11 SEC. 187. None of the funds appropriated or other12 wise made available by this Act may be used to implement 

13 or make an award pursuant to the National Defense Tank 

14 Vessel Construction Assistance Program Request for Pro15 posals issued by the Maritime Administration on February 

16 20, 2004. 

17 RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION

18 RESEARCH AND SPECIAL PROGRAMS

19 For expenses necessary to discharge the functions of 

20 the Research and Special Programs Administration, 

21 $46,790,000, of which $645,000 shall be derived from 

22 the Pipeline Safety Fund, and of which $3,025,000 shall 

23 remain available until September 30, 2007: Provided,

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

25 5108(g) shall be deposited in the general fund of the 
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1 Treasury as offsetting receipts: Provided further, That 

2 there may be credited to this appropriation, to be avail3 able until expended, funds received from States, counties, 

4 municipalities, other public authorities, and private 

5 sources for expenses incurred for training, for reports 

6 publication and dissemination, and for travel expenses in7 curred in performance of hazardous materials exemptions 

8 and approvals functions. 

9 PIPELINE SAFETY

10 (PIPELINE SAFETY FUND)

11 (OIL SPILL LIABILITY TRUST FUND)

12 For expenses necessary to conduct the functions of 

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

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

15 60107, and to discharge the pipeline program responsibil16 ities of the Oil Pollution Act of 1990, $68,466,000, of 

17 which $14,000,000 shall be derived from the Oil Spill Li18 ability Trust Fund and shall remain available until Sep19 tember 30, 2007; of which $54,466,000 shall be derived 

20 from the Pipeline Safety Fund, of which $22,901,000 

21 shall remain available until September 30, 2007: Pro22 vided further, That not less than $1,000,000 of the funds 

23 provided under this heading shall be for the one-call state 

24 grant program. 
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1 EMERGENCY PREPAREDNESS GRANTS

2 (EMERGENCY PREPAREDNESS FUND)

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

4 5127(c), $200,000, to be derived from the Emergency 

5 Preparedness Fund, to remain available until September 

6 30, 2006: Provided, That not more than $14,300,000 

7 shall be made available for obligation in fiscal year 2004 

8 from amounts made available by 49 U.S.C. 5116(i) and 

9 5127(d) 2007: Provided further, That none of the funds 

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

11 5127(d) shall be made available for obligation by individ12 uals other than the Secretary of Transportation, or his 

13 designee. 

14 OFFICE OF INSPECTOR GENERAL

15 SALARIES AND EXPENSES

16 For necessary expenses of the Office of Inspector 

17 General to carry out the provisions of the Inspector Gen18 eral Act of 1978, as amended, $58,000,000: Provided,

19 That the Inspector General shall have all necessary au20 thority, in carrying out the duties specified in the Inspec21 tor General Act, as amended (5 U.S.C. App. 3) to inves22 tigate allegations of fraud, including false statements to 

23 the government (18 U.S.C. 1001), by any person or enti24 ty that is subject to regulation by the Department: Pro25 vided further, That the funds made available under this 

26 heading shall be used to investigate, pursuant to section 
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1 41712 of title 49, United States Code: (1) unfair or de2 ceptive practices and unfair methods of competition by 

3 domestic and foreign air carriers and ticket agents; and 

4 (2) the compliance of domestic and foreign air carriers 

5 with respect to item (1) of this proviso. 

6 SURFACE TRANSPORTATION BOARD

7 SALARIES AND EXPENSES

8 For necessary expenses of the Surface Transpor9 tation Board, including services authorized by 5 U.S.C. 

10 3109, $20,771,000: Provided, That notwithstanding any 

11 other provision of law, not to exceed $1,250,000 from 

12 fees established by the Chairman of the Surface Trans13 portation Board shall be credited to this appropriation as 

14 offsetting collections and used for necessary and author15 ized expenses under this heading: Provided further, That 

16 the sum herein appropriated from the general fund shall 

17 be reduced on a dollar-for-dollar basis as such offsetting 

18 collections are received during fiscal year 2005, to result 

19 in a final appropriation from the general fund estimated 

20 at no more than $19,721,000. 

21 GENERAL PROVISIONS—DEPARTMENT OF

22 TRANSPORTATION

23 (INCLUDING TRANSFERS OF FUNDS)

24 SEC. 188. During the current fiscal year applicable 

25 appropriations to the Department of Transportation shall 

26 be available for maintenance and operation of aircraft; 
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1 hire of passenger motor vehicles and aircraft; purchase of 

2 liability insurance for motor vehicles operating in foreign 

3 countries on official department business; and uniforms 

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

5 5901–5902). 

6 SEC. 189. Appropriations contained in this Act for 

7 the Department of Transportation shall be available for 

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

9 individuals not to exceed the per diem rate equivalent to 

10 the rate for an Executive Level IV. 

11 SEC. 190. None of the funds in this Act shall be 

12 available for salaries and expenses of more than 106 po13 litical and Presidential appointees in the Department of 

14 Transportation: Provided, That none of the personnel 

15 covered by this provision may be assigned on temporary 

16 detail outside the Department of Transportation. 

17 SEC. 191. None of the funds in this Act shall be 

18 used to implement section 404 of title 23, United States 

19 Code. 

20 SEC. 192. (a) No recipient of funds made available 

21 in this Act shall disseminate personal information (as de22 fined in 18 U.S.C. 2725(3)) obtained by a State depart23 ment of motor vehicles in connection with a motor vehicle 

24 record as defined in 18 U.S.C. 2725(1), except as pro-
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1 vided in 18 U.S.C. 2721 for a use permitted under 18 

2 U.S.C. 2721. 

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

4 shall not withhold funds provided in this Act for any 

5 grantee if a State is in noncompliance with this provision. 

6 SEC. 193. Funds received by the Federal Highway 

7 Administration, Federal Transit Administration, and 

8 Federal Railroad Administration from States, counties, 

9 municipalities, other public authorities, and private 

10 sources for expenses incurred for training may be cred11 ited respectively to the Federal Highway Administration’s 

12 ‘‘Federal-Aid Highways’’ account, the Federal Transit 

13 Administration’s ‘‘Transit Planning and Research’’ ac14 count, and to the Federal Railroad Administration’s 

15 ‘‘Safety and Operations’’ account, except for State rail 

16 safety inspectors participating in training pursuant to 49 

17 U.S.C. 20105. 

18 SEC. 194. Notwithstanding any other provisions of 

19 law, rule or regulation, the Secretary of Transportation 

20 is authorized to allow the issuer of any preferred stock 

21 heretofore sold to the Department to redeem or repur22 chase such stock upon the payment to the Department of 

23 an amount determined by the Secretary. 

24 SEC. 195. None of the funds in title I of this Act 

25 may be used to make a grant unless the Secretary of 
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1 Transportation notifies the House and Senate Commit2 tees on Appropriations not less than 3 full business days 

3 before any discretionary grant award, letter of intent, or 

4 full funding grant agreement totaling $1,000,000 or 

5 more is announced by the department or its modal ad6 ministrations from: (1) any discretionary grant program 

7 of the Federal Highway Administration other than the 

8 emergency relief program; (2) the airport improvement 

9 program of the Federal Aviation Administration; or (3) 

10 any program of the Federal Transit Administration other 

11 than the formula grants and fixed guideway moderniza12 tion programs: Provided, That no notification shall in13 volve funds that are not available for obligation. 

14 SEC. 196. Rebates, refunds, incentive payments, 

15 minor fees and other funds received by the Department 

16 of Transportation from travel management centers, 

17 charge card programs, the subleasing of building space, 

18 and miscellaneous sources are to be credited to appro19 priations of the Department of Transportation and allo20 cated to elements of the Department of Transportation 

21 using fair and equitable criteria and such funds shall be 

22 available until expended. 

23 SEC. 197. Amounts made available in this or any 

24 other Act that the Secretary determines represent im25 proper payments by the Department of Transportation to 
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1 a third party contractor under a financial assistance 

2 award, which are recovered pursuant to law, shall be 

3 available—

4 (1) to reimburse the actual expenses incurred 

5 by the Department of Transportation in recovering 

6 improper payments; and 

7 (2) to pay contractors for services provided in 

8 recovering improper payments: Provided, That 

9 amounts in excess of that required for paragraphs 

10 (1) and (2)—

11 (A) shall be credited to and merged with 

12 the appropriation from which the improper pay13 ments were made, and shall be available for the 

14 purposes and period for which such appropria15 tions are available; or 

16 (B) if no such appropriation remains avail17 able, shall be deposited in the Treasury as mis18 cellaneous receipts: Provided, That prior to the 

19 transfer of any such recovery to an appropria20 tions account, the Secretary shall notify the 

21 House and Senate Committees on Appropria22 tions of the amount and reasons for such trans23 fer: Provided further, That for purposes of this 

24 section, the term ‘‘improper payments’’, has the 
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1 same meaning as that provided in section 

2 2(d)(2) of Public Law 107–300. 

3 SEC. 198. The Secretary of Transportation is au4 thorized to transfer the unexpended balances available for 

5 the bonding assistance program from ‘‘Office of the sec6 retary, salaries and expenses’’ to ‘‘Minority business out7 reach’’.

8 SEC. 199. None of the funds made available in this 

9 Act to the Department of Transportation may be obligated 

10 for the Office of the Secretary of Transportation to ap11 prove assessments or reimbursable agreements pertaining 

12 to funds appropriated to the modal administrations in this 

13 Act, except for activities underway on the date of enact14 ment of this Act, unless such assessments or agreements 

15 have completed the normal reprogramming process for 

16 Congressional notification.

17 TITLE II—DEPARTMENT OF THE TREASURY 

18 DEPARTMENTAL OFFICES

19 SALARIES AND EXPENSES

20 (INCLUDING TRANSFER OF FUNDS)

21 For necessary expenses of the departmental offices 

22 including operation and maintenance of the Treasury 

23 Building and Annex; hire of passenger motor vehicles; 

24 maintenance, repairs, and improvements of, and purchase 

25 of commercial insurance policies for, real properties 

26 leased or owned overseas, when necessary for the per-
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1 formance of official business; not to exceed $2,750,000 

2 for official travel expenses; not to exceed $3,000,000, to 

3 remain available until September 30, 2006 for informa4 tion technology modernization requirements; not to ex5 ceed $75,000 for official reception and representation ex6 penses; not to exceed $258,000 for unforeseen emer7 gencies of a confidential nature, to be allocated and ex8 pended under the direction of the Secretary of the Treas9 ury and to be accounted for solely on his certificate, 

10 $177,000,000: Provided, That the Office of Foreign As11 sets Control shall be funded at no less than $22,511,000 

12 and 120 full-time equivalent positions: Provided further,

13 That of these amounts, up to $2,900,000 is for grants 

14 to State and local law enforcement groups to help fight 

15 money laundering; $3,393,000, to remain available until 

16 September 30, 2006, shall be for the Treasury-wide fi17 nancial statement audit program, of which such amounts 

18 as may be necessary may be transferred to accounts of 

19 the Department’s offices and bureaus to conduct audits: 

20 Provided further, That this transfer authority shall be in 

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

2 INVESTMENTS PROGRAMS

3 (INCLUDING TRANSFER OF FUNDS)

4 For development and acquisition of automatic data 

5 processing equipment, software, and services for the De6 partment of the Treasury, $36,072,000, to remain avail7 able until September 30, 2007: Provided, That these 

8 funds shall be transferred to accounts and in amounts as 

9 necessary to satisfy the requirements of the Department’s 

10 offices, bureaus, and other organizations: Provided fur11 ther, That this transfer authority shall be in addition to 

12 any other transfer authority provided in this Act: Pro13 vided further, That none of the funds appropriated shall 

14 be used to support or supplement ‘‘Internal revenue serv15 ice, information systems’’ or ‘‘Internal revenue service, 

16 business systems modernization’’. 

17 OFFICE OF INSPECTOR GENERAL

18 SALARIES AND EXPENSES

19 For necessary expenses of the Office of Inspector 

20 General in carrying out the provisions of the Inspector 

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

22 $2,000,000 for official travel expenses, including hire of 

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

24 unforeseen emergencies of a confidential nature, to be al-
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1 located and expended under the direction of the Inspector 

2 General of the Treasury, $16,500,000. 

3 TREASURY INSPECTOR GENERAL FOR TAX

4 ADMINISTRATION

5 SALARIES AND EXPENSES

6 For necessary expenses of the Treasury Inspector 

7 General for Tax Administration in carrying out the In8 spector General Act of 1978, as amended, including pur9 chase (not to exceed 150 for replacement only for police10 type use) and hire of passenger motor vehicles (31 U.S.C. 

11 1343(b)); services authorized by 5 U.S.C. 3109, at such 

12 rates as may be determined by the Inspector General for 

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

14 travel expenses; and not to exceed $500,000 for unfore15 seen emergencies of a confidential nature, to be allocated 

16 and expended under the direction of the Inspector Gen17 eral for Tax Administration, $129,126,000. 

18 AIR TRANSPORTATION STABILIZATION PROGRAM

19 ACCOUNT

20 For necessary expenses to administer the Air Trans21 portation Stabilization Board established by section 102 

22 of the Air Transportation Safety and System Stabiliza23 tion Act (Public Law 107–42), $2,000,000 to remain 

24 available until expended.
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1 TREASURY BUILDING AND ANNEX REPAIR AND

2 RESTORATION

3 (INCLUDING TRANSFER OF FUNDS)

4 For the repair, alteration, and improvement of the 

5 Treasury Building and Annex, $20,316,000, to remain 

6 available until September 30, 2007: Provided, That up to 

7 $2,000,000 of the amount provided under this heading 

8 shall be transferred to and merged with ‘‘Office of In9 spector General, salaries and expenses’’ for costs associ10 ated with the audit of this account. 

11 EXPANDED ACCESS TO FINANCIAL SERVICES

12 (RESCISSION)

13 Of the unobligated balances available under this 

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

15 VIOLENT CRIME REDUCTION PROGRAM

16 (RESCISSION)

17 Of the unobligated balances available under this 

18 heading, $1,000,000 are rescinded.

19 FINANCIAL CRIMES ENFORCEMENT NETWORK

20 SALARIES AND EXPENSES

21 For necessary expenses of the financial crimes en22 forcement network, including hire of passenger motor ve23 hicles; travel expenses of non-Federal law enforcement 

24 personnel to attend meetings concerned with financial in25 telligence activities, law enforcement, and financial regula-
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1 tion; and for assistance to Federal law enforcement agen2 cies, with or without reimbursement, $64,502,000, of 

3 which not to exceed $7,000,000 shall remain available 

4 until September 30, 2007; and of which $8,354,000 shall 

5 remain available until September 30, 2006: Provided,

6 That funds appropriated in this account may be used to 

7 procure personal services contracts. 

8 FINANCIAL MANAGEMENT SERVICE

9 SALARIES AND EXPENSES

10 For necessary expenses of the financial management 

11 service, $230,930,000, of which not to exceed $9,220,000 

12 shall remain available until September 30, 2007, for in13 formation systems modernization initiatives. 

14 ALCOHOL AND TOBACCO TAX AND TRADE BUREAU

15 SALARIES AND EXPENSES

16 For necessary expenses of carrying out section 1111 

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

18 passenger motor vehicles, $82,542,000; of which not to 

19 exceed $50,000 for cooperative research and development 

20 programs for laboratory services; and provision of labora21 tory assistance to State and local agencies with or with22 out reimbursement. 
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1 UNITED STATES MINT

2 UNITED STATES MINT PUBLIC ENTERPRISE FUND

3 Pursuant to section 5136 of title 31, United States 

4 Code, the United States Mint is provided funding 

5 through the United States Mint Public Enterprise Fund 

6 for costs associated with the production of circulating 

7 coins, numismatic coins, and protective services, including 

8 both operating expenses and capital investments. The ag9 gregate amount of new liabilities and obligations incurred 

10 during fiscal year 2005 under such section 5136 for cir11 culating coinage and protective service capital invest12 ments of the United States Mint shall not exceed 

13 $41,100,000. 

14 BUREAU OF THE PUBLIC DEBT

15 ADMINISTERING THE PUBLIC DEBT

16 For necessary expenses connected with any public17 debt issues of the United States, $179,566,000, of which 

18 not to exceed $2,000,000 shall remain available until ex19 pended for systems modernization: Provided, That the 

20 sum appropriated herein from the general fund for fiscal 

21 year 2005 shall be reduced by not more than $4,400,000 

22 as definitive security issue fees and Treasury direct inves23 tor account maintenance fees are collected, so as to result 

24 in a final fiscal year 2005 appropriation from the general 

25 fund estimated at $175,166,000. In addition, $60,000 to 
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1 be derived from the Oil Spill Liability Trust Fund to re2 imburse the Bureau for administrative and personnel ex3 penses for financial management of the Fund, as author4 ized by section 1012 of Public Law 101–380. 

5 INTERNAL REVENUE SERVICE

6 PROCESSING, ASSISTANCE, AND MANAGEMENT

7 For necessary expenses of the Internal Revenue 

8 Service for pre-filing taxpayer assistance and education, 

9 filing and account services, shared services support, gen10 eral management and administration; and services as au11 thorized by 5 U.S.C. 3109, at such rates as may be de12 termined by the Commissioner, $4,071,824,000, of which 

13 up to $4,100,000 shall be for the Tax Counseling for the 

14 Elderly Program, and of which $7,500,000 shall be avail15 able for low-income taxpayer clinic grants. 

16 TAX LAW ENFORCEMENT

17 (INCLUDING TRANSFER OF FUNDS)

18 For necessary expenses of the Internal Revenue 

19 Service for determining and establishing tax liabilities; 

20 providing litigation support; conducting criminal inves21 tigation and enforcement activities; securing unfiled tax 

22 returns; collecting unpaid accounts; conducting a docu23 ment matching program; resolving taxpayer problems 

24 through prompt identification, referral and settlement; 

25 expanded customer service and public outreach programs, 

26 strengthened enforcement activities, and enhanced re-
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1 search efforts to reduce erroneous filings associated with 

2 the earned income tax credit; compiling statistics of in3 come and conducting compliance research; purchase (for 

4 police-type use, not to exceed 850) and hire of passenger 

5 motor vehicles (31 U.S.C. 1343(b)); and services as au6 thorized by 5 U.S.C. 3109, at such rates as may be de7 termined by the Commissioner, $4,278,107,000, of which 

8 not to exceed $1,000,000 shall remain available until 

9 September 30, 2007, for research: Provided, That up to 

10 $10,000,000 may be transferred as necessary from this 

11 account to the IRS Processing, Assistance, and Manage12 ment appropriation or the IRS Information Systems ap13 propriation solely for the purposes of management of the 

14 Earned Income Tax Credit compliance program and to 

15 reimburse the Social Security Administration for the cost 

16 of implementing section 1090 of the Taxpayer Relief Act 

17 of 1997 (Public Law 105–33): Provided further, That 

18 this transfer authority shall be in addition to any other 

19 transfer authority provided in this Act. 

20 INFORMATION SYSTEMS

21 For necessary expenses of the Internal Revenue 

22 Service for information systems and telecommunications 

23 support, including developmental information systems 

24 and operational information systems; the hire of pas25 senger motor vehicles (31 U.S.C. 1343(b)); and services 

26 as authorized by 5 U.S.C. 3109, at such rates as may be 
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1 determined by the Commissioner, $1,622,093,000, of 

2 which $200,000,000 shall remain available until Sep3 tember 30, 2006. 

4 BUSINESS SYSTEMS MODERNIZATION

5 For necessary expenses of the Internal Revenue 

6 Service, $285,000,000, to remain available until Sep7 tember 30, 2007, for the capital asset acquisition of in8 formation technology systems, including management and 

9 related contractual costs of said acquisitions, including 

10 contractual costs associated with operations authorized 

11 by 5 U.S.C. 3109: Provided, That none of these funds 

12 may be obligated until the Internal Revenue Service sub13 mits to the Committees on Appropriations, and such 

14 Committees approve, a plan for expenditure that: (1) 

15 meets the capital planning and investment control review 

16 requirements established by the Office of Management 

17 and Budget, including Circular A–11 part 3; (2) complies 

18 with the Internal Revenue Service’s enterprise architec19 ture, including the modernization blueprint; (3) conforms 

20 with the Internal Revenue Service’s enterprise life cycle 

21 methodology; (4) is approved by the Internal Revenue 

22 Service, the Department of the Treasury, and the Office 

23 of Management and Budget; (5) has been reviewed by the 

24 General Accounting Office; and (6) complies with the ac25 quisition rules, requirements, guidelines, and systems ac-
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1 quisition management practices of the Federal Govern2 ment. 

3 HEALTH INSURANCE TAX CREDIT ADMINISTRATION

4 For expenses necessary to implement the health in5 surance tax credit included in the Trade Act of 2002 

6 (Public Law 107–210), $34,841,000. 

7 ADMINISTRATIVE PROVISIONS—DEPARTMENT OF THE

8 TREASURY

9 SEC. 201. Not to exceed 5 percent of any appropria10 tion made available in this Act to the Internal Revenue 

11 Service may be transferred to any other Internal Revenue 

12 Service appropriation upon the advance approval of the 

13 Committees on Appropriations. 

14 SEC. 202. The Internal Revenue Service Shall main15 tain a training program to ensure that Internal Revenue 

16 Service employees are trained in taxpayers’ rights, in deal17 ing courteously with the taxpayers, and in cross-cultural 

18 relations. 

19 SEC. 203. The Internal Revenue Service shall insti20 tute and enforce policies and procedures that will safe21 guard the confidentiality of taxpayer information. 

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

23 Act to the Internal Revenue service shall be available for 

24 improved facilities and manpower to provide sufficient and 

25 effective 1–800 help line service for taxpayers. The Com26 missioner shall continue to make the improvement of the 
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1 Internal Revenue Service 1–800 help line service a priority 

2 and allocate resources necessary to increase phone lines 

3 and staff to improve the Internal Revenue Service 1–800 

4 help line service. 

5 SEC. 205. Appropriations to the Department of the 

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

8 including maintenance, repairs, and cleaning; purchase of 

9 insurance for official motor vehicles operated in foreign 

10 countries; purchase of motor vehicles without regard to 

11 the general purchase price limitations for vehicles pur12 chased and used overseas for the current fiscal year; en13 tering into contracts with the Department of State for 

14 the furnishing of health and medical services to employ15 ees and their dependents serving in foreign countries; and 

16 services authorized by 5 U.S.C. 3109. 

17 SEC. 206. Not to exceed 2 percent of any appropria18 tions in this Act made available to the Departmental Of19 fices—Salaries and Expenses, Office of Inspector Gen20 eral, Financial Management Service, Alcohol and Tobacco 

21 Tax and Trade Bureau, Financial Crimes Enforcement 

22 Network, and Bureau of the Public Debt, may be trans23 ferred between such appropriations upon the advance ap24 proval of the Committees on Appropriations: Provided, 
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1 That no transfer may increase or decrease any such ap2 propriation by more than 2 percent. 

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

5 Service may be transferred to the Treasury Inspector 

6 General for Tax Administration’s appropriation upon the 

7 advance approval of the Committees on Appropriations: 

8 Provided, That no transfer may increase or decrease any 

9 such appropriation by more than 2 percent. 

10 SEC. 208. Of the funds available for the purchase of 

11 law enforcement vehicles, no funds may be obligated until 

12 the Secretary of the Treasury certifies that the purchase 

13 by the respective Treasury bureau is consistent with De14 partmental vehicle management principles: Provided,

15 That the Secretary may delegate this authority to the As16 sistant Secretary for Management. 

17 SEC. 209. None of the funds appropriated in this 

18 Act or otherwise available to the Department of the 

19 Treasury or the Bureau of Engraving and Printing may 

20 be used to redesign the $1 Federal Reserve note. 

21 SEC. 210. The Secretary of the Treasury may trans22 fer funds from ‘‘Financial management service, salaries 

23 and expenses’’ to ‘‘Debt services’’ as necessary to cover 

24 the costs of debt collection: Provided, That such amounts 

25 shall be reimbursed to such salaries and expenses account 
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1 from debt collections received in the Debt Services Ac2 count. 

3 SEC. 211. Section 122(g)(1) of Public Law 105–119 

4 (5 U.S.C. 3104 note), is further amended by striking ‘‘6 

5 years’’ and inserting ‘‘7 years’’.

6 SEC. 212. The Treasury Department Appropriations 

7 Act, 1997 under the heading ‘‘Treasury Franchise Fund’’, 

8 as amended, is further amended by striking ‘‘October 1, 

9 2004’’ and inserting ‘‘October 1, 2005’’.

10 SEC. 213. (a) Section 3333 of title 31, United States 

11 Code, is amended as follows: 

12 (1) By amending subsection (a)(1) to read as 

13 follows: 

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

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

16 course and without negligence, of—

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

18 Treasury or the depositary; 

19 (B) an electronic payment issued by the Treas20 ury or the depositary; and 

21 (C) a debt obligation guaranteed or assumed by 

22 the United States Government.’’; 

23 (2) By inserting after paragraph (2) of subsection 

24 (a) the following new paragraph: 
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1 ‘‘(3) The amount of the relief shall be charged to the 

2 Check Forgery Insurance Fund (31 U.S.C. 3343). A re3 covery or repayment of a loss for which replacement is 

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

5 is available for the purposes for which the fund was es6 tablished.’’. 

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

8 3343) shall be available to fund amounts relating to the 

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

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

11 SEC. 214. None of the funds appropriated or other12 wise made available by this or any other Act may be used 

13 by the United States Mint to construct or operate any mu14 seum without the explicit approval of the House Com15 mittee on Financial Services and the Senate Committee 

16 on Banking, Housing, and Urban Affairs. 

17 SEC. 215. None of the funds appropriated or other18 wise made available by this or any other Act or source 

19 to the Department of the Treasury, the Bureau of Engrav20 ing and Printing, and the United States Mint, individually 

21 or collectively, may be used to consolidate any or all func22 tions of the Bureau of Engraving and Printing and the 

23 United States Mint without the explicit approval of the 

24 House Committee on Financial Services; the Senate Com25 mittee on Banking, Housing, and Urban Affairs; the 
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1 House Committee on Appropriations; and the Senate 

2 Committee on Appropriations. 

3 SEC. 216. None of the funds made available in this 

4 Act to the Secretary of the Treasury may be used to pub5 lish, implement, administer, or enforce regulations that 

6 permit financial institutions to accept the matricula con7 sular identification card as a form of identification. 

8 TITLE III—EXECUTIVE OFFICE OF THE PRESI9 DENT AND FUNDS APPROPRIATED TO THE 

10 PRESIDENT 

11 COMPENSATION OF THE PRESIDENT

12 For compensation of the President, including an ex13 pense allowance at the rate of $50,000 per annum as au14 thorized by 3 U.S.C. 102, $450,000: Provided, That none 

15 of the funds made available for official expenses shall be 

16 expended for any other purpose and any unused amount 

17 shall revert to the Treasury pursuant to section 1552 of 

18 title 31, United States Code.

19 WHITE HOUSE OFFICE

20 SALARIES AND EXPENSES

21 For necessary expenses for the White House as au22 thorized by law, including not to exceed $3,850,000 for 

23 services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 

24 105; subsistence expenses as authorized by 3 U.S.C. 105, 

25 which shall be expended and accounted for as provided in 
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1 that section; hire of passenger motor vehicles, news2 papers, periodicals, teletype news service, and travel (not 

3 to exceed $100,000 to be expended and accounted for as 

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

5 official entertainment expenses, to be available for alloca6 tion within the Executive Office of the President, 

7 $59,525,000: Provided, That $8,345,395 of the funds ap8 propriated shall be available for reimbursements to the 

9 White House Communications Agency.

10 EXECUTIVE RESIDENCE AT THE WHITE HOUSE

11 OPERATING EXPENSES

12 For the care, maintenance, repair and alteration, re13 furnishing, improvement, heating, and lighting, including 

14 electric power and fixtures, of the Executive Residence at 

15 the White House and official entertainment expenses of 

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

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

18 REIMBURSABLE EXPENSES

19 For the reimbursable expenses of the Executive Res20 idence at the White House, such sums as may be nec21 essary: Provided, That all reimbursable operating ex22 penses of the Executive Residence shall be made in ac23 cordance with the provisions of this paragraph: Provided 

24 further, That, notwithstanding any other provision of law, 

25 such amount for reimbursable operating expenses shall be 
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1 the exclusive authority of the Executive Residence to 

2 incur obligations and to receive offsetting collections, for 

3 such expenses: Provided further, That the Executive Resi4 dence shall require each person sponsoring a reimburs5 able political event to pay in advance an amount equal 

6 to the estimated cost of the event, and all such advance 

7 payments shall be credited to this account and remain 

8 available until expended: Provided further, That the Exec9 utive Residence shall require the national committee of 

10 the political party of the President to maintain on deposit 

11 $25,000, to be separately accounted for and available for 

12 expenses relating to reimbursable political events spon13 sored by such committee during such fiscal year: Pro14 vided further, That the Executive Residence shall ensure 

15 that a written notice of any amount owed for a reimburs16 able operating expense under this paragraph is submitted 

17 to the person owing such amount within 60 days after 

18 such expense is incurred, and that such amount is col19 lected within 30 days after the submission of such notice: 

20 Provided further, That the Executive Residence shall 

21 charge interest and assess penalties and other charges on 

22 any such amount that is not reimbursed within such 30 

23 days, in accordance with the interest and penalty provi24 sions applicable to an outstanding debt on a United 

25 States Government claim under section 3717 of title 31, 
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1 United States Code: Provided further, That each such 

2 amount that is reimbursed, and any accompanying inter3 est and charges, shall be deposited in the Treasury as 

4 miscellaneous receipts: Provided further, That the Execu5 tive Residence shall prepare and submit to the Commit6 tees on Appropriations, by not later than 90 days after 

7 the end of the fiscal year covered by this Act, a report 

8 setting forth the reimbursable operating expenses of the 

9 Executive Residence during the preceding fiscal year, in10 cluding the total amount of such expenses, the amount of 

11 such total that consists of reimbursable official and cere12 monial events, the amount of such total that consists of 

13 reimbursable political events, and the portion of each 

14 such amount that has been reimbursed as of the date of 

15 the report: Provided further, That the Executive Resi16 dence shall maintain a system for the tracking of ex17 penses related to reimbursable events within the Execu18 tive Residence that includes a standard for the classifica19 tion of any such expense as political or nonpolitical: Pro20 vided further, That no provision of this paragraph may be 

21 construed to exempt the Executive Residence from any 

22 other applicable requirement of subchapter I or II of 

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

2 For the repair, alteration, and improvement of the 

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

4 remain available until expended, for required mainte5 nance, safety and health issues, and continued preventa6 tive maintenance. 

7 COUNCIL OF ECONOMIC ADVISERS

8 SALARIES AND EXPENSES

9 For necessary expenses of the Council of Economic 

10 Advisers in carrying out its functions under the Employ11 ment Act of 1946 (15 U.S.C. 1021), $4,040,000. 

12 OFFICE OF POLICY DEVELOPMENT

13 SALARIES AND EXPENSES

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

16 3109 and 3 U.S.C. 107, $2,267,000. 

17 NATIONAL SECURITY COUNCIL

18 SALARIES AND EXPENSES

19 For necessary expenses of the National Security 

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

21 3109, $8,932,000. 
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1 HOMELAND SECURITY COUNCIL

2 SALARIES AND EXPENSES

3 For necessary expenses of the Homeland Security 

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

5 3109, $2,475,000. 

6 OFFICE OF ADMINISTRATION

7 SALARIES AND EXPENSES

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

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

11 $92,696,000, of which $12,075,000 shall remain avail12 able until expended for the Capital Investment Plan for 

13 continued modernization of the information technology 

14 infrastructure within the Executive Office of the Presi15 dent: Provided, That $4,000,000 of Capital Investment 

16 Plan funds may not be obligated until the Executive Of17 fice of the President has submitted a report to the Com18 mittees on Appropriations that includes an Enterprise 

19 Architecture, as defined in OMB Circular A–130 and the 

20 Federal Chief Information Officers Council guidance, 

21 that is reviewed and approved by the Office of Manage22 ment and Budget, reviewed by the U.S. General Account23 ability Office, and approved by the Committees on Appro24 priations. 
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1 OFFICE OF MANAGEMENT AND BUDGET

2 SALARIES AND EXPENSES

3 For necessary expenses of the Office of Management 

4 and Budget, including hire of passenger motor vehicles 

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

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

7 Code, $67,759,000, of which not to exceed $1,500 shall 

8 be available for official representation expenses: Provided,

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

10 shall be applied only to the objects for which appropria11 tions were made except as otherwise provided by law: 

12 Provided further, That none of the funds appropriated in 

13 this Act for the Office of Management and Budget may 

14 be used for the purpose of reviewing any agricultural 

15 marketing orders or any activities or regulations under 

16 the provisions of the Agricultural Marketing Agreement 

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

18 That none of the funds made available for the Office of 

19 Management and Budget by this Act may be expended 

20 for the altering of the transcript of actual testimony of 

21 witnesses, except for testimony of officials of the Office 

22 of Management and Budget, before the Committees on 

23 Appropriations or their subcommittees: Provided further,

24 That the preceding shall not apply to printed hearings re25 leased by the Committees on Appropriations: Provided 
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1 further, That none of the funds appropriated in this Act 

2 may be available to pay the salary or expenses of any em3 ployee of the Office of Management and Budget who cal4 culates, prepares, or approves any tabular or other mate5 rial that proposes the sub-allocation of budget authority 

6 or outlays by the Committees on Appropriations among 

7 their subcommittees. 

8 OFFICE OF NATIONAL DRUG CONTROL POLICY

9 SALARIES AND EXPENSES

10 For necessary expenses of the Office of National 

11 Drug Control Policy; for research activities pursuant to 

12 the Office of National Drug Control Policy Reauthoriza13 tion Act of 1998 (21 U.S.C. 1701 et seq.); not to exceed 

14 $10,000 for official reception and representation ex15 penses; and for participation in joint projects or in the 

16 provision of services on matters of mutual interest with 

17 nonprofit, research, or public organizations or agencies, 

18 with or without reimbursement, $28,109,000; of which 

19 $1,350,000 shall remain available until expended for pol20 icy research and evaluation: Provided, That the Office is 

21 authorized to accept, hold, administer, and utilize gifts, 

22 both real and personal, public and private, without fiscal 

23 year limitation, for the purpose of aiding or facilitating 

24 the work of the Office. 
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1 COUNTERDRUG TECHNOLOGY ASSESSMENT CENTER

2 (INCLUDING TRANSFER OF FUNDS)

3 For necessary expenses for the Counterdrug Tech4 nology Assessment Center for research activities pursuant 

5 to the Office of National Drug Control Policy Reauthor6 ization Act of 1998 (21 U.S.C. 1701 et seq.), 

7 $30,000,000, which shall remain available until expended, 

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

9 and development projects, and $20,000,000 for the con10 tinued operation of the technology transfer program: Pro11 vided, That the $10,000,000 for counternarcotics re12 search and development projects shall be available for 

13 transfer to other Federal departments or agencies. 

14 FEDERAL DRUG CONTROL PROGRAMS

15 HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

16 (INCLUDING TRANSFERS OF FUNDS)

17 For necessary expenses of the Office of National 

18 Drug Control Policy’s High Intensity Drug Trafficking 

19 Areas Program, $215,350,000, for drug control activities 

20 consistent with the approved strategy for each of the des21 ignated High Intensity Drug Trafficking Areas, of which 

22 not less than $208,000,000 shall be provided as base 

23 funding to High Intensity Drug Trafficking Areas: Pro24 vided, That no less than 51 percent shall be transferred 

25 to State and local entities for drug control activities, 

26 which shall be obligated within 120 days of the date of 
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1 the enactment of this Act: Provided further, That up to 

2 49 percent, to remain available until September 30, 

3 2006, may be transferred to Federal agencies and de4 partments at a rate to be determined by the Director: 

5 Provided further, That $2,000,000 shall be used for au6 diting services and associated activities, and at least 

7 $500,000 of the $2,000,000 shall be used to develop and 

8 implement a data collection system to measure the per9 formance of the High Intensity Drug Trafficking Areas 

10 Program: Provided further, That High Intensity Drug 

11 Trafficking Areas Programs designated as of September 

12 30, 2004, shall be funded at no less than the fiscal year 

13 2004 initial allocation levels unless the Director submits 

14 to the House and Senate Committees on Appropriations, 

15 and the Committees approve, justification for changes in 

16 those levels based on clearly articulated priorities for the 

17 High Intensity Drug Trafficking Areas Programs, as well 

18 as published Office of National Drug Control Policy per19 formance measures of effectiveness: Provided further,

20 That a request shall be submitted to the House and Sen21 ate Committees on Appropriations for approval prior to 

22 the obligation of funds of an amount in excess of the fis23 cal year 2005 budget request: Provided further, That 

24 such request shall be made in compliance with the re25 programming guidelines. 
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1 OTHER FEDERAL DRUG CONTROL PROGRAMS

2 (INCLUDING TRANSFER OF FUNDS)

3 For activities to support a national anti-drug cam4 paign for youth, and for other purposes, authorized by 

5 the Office of National Drug Control Policy Reauthoriza6 tion Act of 1998 (21 U.S.C. 1701 et seq.), $195,000,000 

7 to remain available until expended, of which the following 

8 amounts are available as follows: $120,000,000 to sup9 port a national media campaign, as authorized by the 

10 Drug-Free Media Campaign Act of 1998; $70,000,000 to 

11 continue a program of matching grants to drug-free com12 munities, of which $1,000,000 shall be a directed grant 

13 to the Community Anti-Drug Coalitions of America for 

14 the National Community Anti-Drug Coalition Institute, 

15 as authorized in chapter 2 of the National Narcotics 

16 Leadership Act of 1988, as amended; $1,000,000 for the 

17 Counterdrug Intelligence Executive Secretariat; $500,000 

18 for the National Alliance for Model State Drug Laws; 

19 $1,000,000 for evaluations and research related to Na20 tional Drug Control Program performance measures; 

21 $500,000 for the National Drug Court Institute; 

22 $1,500,000 for the United States Anti-Doping Agency 

23 for anti-doping activities; and $500,000 for the United 

24 States membership dues to the World Anti-Doping Agen25 cy: Provided, That such funds may be transferred to 

26 other Federal departments and agencies to carry out 
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1 such activities: Provided further, That of the amounts ap2 propriated for a national media campaign, no less than 

3 78 percent shall be used for the purchase of advertising 

4 time and space for the national media campaign. 

5 UNANTICIPATED NEEDS

6 For expenses necessary to enable the President to 

7 meet unanticipated needs, in furtherance of the national 

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

9 abroad during the current fiscal year, as authorized by 

10 3 U.S.C. 108, $1,000,000. 

11 SPECIAL ASSISTANCE TO THE PRESIDENT AND THE

12 OFFICIAL RESIDENCE OF THE VICE PRESIDENT

13 SALARIES AND EXPENSES

14 For necessary expenses to enable the Vice President 

15 to provide assistance to the President in connection with 

16 specially assigned functions; services as authorized by 5 

17 U.S.C. 3109 and 3 U.S.C. 106, including subsistence ex18 penses as authorized by 3 U.S.C. 106, which shall be ex19 pended and accounted for as provided in that section; 

20 and hire of passenger motor vehicles, $4,571,000. 

21 OPERATING EXPENSES

22 (INCLUDING TRANSFER OF FUNDS)

23 For the care, operation, refurnishing, improvement, 

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

25 lighting, including electric power and fixtures, of the offi26 cial residence of the Vice President; the hire of passenger 
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1 motor vehicles; and not to exceed $90,000 for official en2 tertainment expenses of the Vice President, to be ac3 counted for solely on his certificate, $333,000: Provided,

4 That advances or repayments or transfers from this ap5 propriation may be made to any department or agency 

6 for expenses of carrying out such activities.

7 TITLE IV—INDEPENDENT AGENCIES 

8 ARCHITECTURAL AND TRANSPORTATION BARRIERS

9 COMPLIANCE BOARD

10 SALARIES AND EXPENSES

11 For expenses necessary for the Architectural and 

12 Transportation Barriers Compliance Board, as author13 ized by section 502 of the Rehabilitation Act of 1973, as 

14 amended $5,686,000: Provided, That, notwithstanding 

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

16 appropriation funds received for publications and training 

17 expenses. 

18 NATIONAL TRANSPORTATION SAFETY BOARD

19 SALARIES AND EXPENSES

20 (INCLUDING RESCISSION OF FUNDS)

21 For necessary expenses of the National Transpor22 tation Safety Board, including hire of passenger motor 

23 vehicles and aircraft; services as authorized by 5 U.S.C. 

24 3109, but at rates for individuals not to exceed the per 

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

26 or allowances therefor, as authorized by law (5 U.S.C. 
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1 5901–5902) $76,925,000, of which not to exceed $2,000 

2 may be used for official reception and representation ex3 penses. Of the available unobligated balances made avail4 able under Public Law 106–246, $8,000,000 are hereby 

5 cancelled. 

6 FEDERAL ELECTION COMMISSION

7 SALARIES AND EXPENSES

8 For necessary expenses to carry out the provisions 

9 of the Federal Election Campaign Act of 1971, as 

10 amended, $52,159,000, of which no less than $4,700,000 

11 shall be available for internal automated data processing 

12 systems, and of which not to exceed $5,000 shall be 

13 available for reception and representation expenses: Pro14 vided, That none of the funds provided in this Act or 

15 from any other source may be used to allow any can16 didate for or member of the House of Representatives or 

17 United States Senate to file information and reports re18 quired by the Commission in any form other than elec19 tronically. 

20 ELECTION ASSISTANCE COMMISSION

21 SALARIES AND EXPENSES

22 (INCLUDING TRANSFER OF FUNDS)

23 For necessary expenses to carry out the Help Amer24 ica Vote Act of 2002 (HAVA), $15,000,000, of which not 

25 less than $2,500,000 shall be transferred to the National 

26 Institutes of Standards and Technology for election re-
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1 form activities as authorized by HAVA: Provided, That 

2 none of the funds under this heading may be used for 

3 any member or employee of the Election Assistance Com4 mission for lobbying activities, if the lobbying relates to 

5 the advocacy of a change in the date provided under Fed6 eral law for general elections for Federal office. 

7 FEDERAL LABOR RELATIONS AUTHORITY

8 SALARIES AND EXPENSES

9 For necessary expenses to carry out functions of the 

10 Federal Labor Relations Authority, pursuant to Reorga11 nization Plan Numbered 2 of 1978, and the Civil Service 

12 Reform Act of 1978, including services authorized by 5 

13 U.S.C. 3109, and including hire of experts and consult14 ants, hire of passenger motor vehicles, and rental of con15 ference rooms in the District of Columbia and elsewhere, 

16 $29,673,000: Provided, That public members of the Fed17 eral Service Impasses Panel may be paid travel expenses 

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

19 (5 U.S.C. 5703) for persons employed intermittently in 

20 the Government service, and compensation as authorized 

21 by 5 U.S.C. 3109: Provided further, That notwith22 standing 31 U.S.C. 3302, funds received from fees 

23 charged to non-Federal participants at labor-management 

24 relations conferences shall be credited to and merged 
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1 with this account, to be available without further appro2 priation for the costs of carrying out these conferences. 

3 FEDERAL MARITIME COMMISSION

4 SALARIES AND EXPENSES

5 For necessary expenses of the Federal Maritime 

6 Commission as authorized by section 201(d) of the Mer7 chant Marine Act, 1936, as amended (46 U.S.C. App. 

8 1111), including services as authorized by 5 U.S.C. 3109; 

9 hire of passenger motor vehicles as authorized by 31 

10 U.S.C. 1343(b); and uniforms or allowances therefor, as 

11 authorized by 5 U.S.C. 5901–5902, $19,362,000: Pro12 vided, That not to exceed $2,000 shall be available for of13 ficial reception and representation expenses. 

14 GENERAL SERVICES ADMINISTRATION

15 REAL PROPERTY ACTIVITIES

16 FEDERAL BUILDINGS FUND

17 LIMITATIONS ON AVAILABILITY OF REVENUE

18 (INCLUDING TRANSFER OF FUNDS)

19 To carry out the purposes of the Fund established 

20 pursuant to section 210(f) of the Federal Property and 

21 Administrative Services Act of 1949, as amended (40 

22 U.S.C. 592), the revenues and collections deposited into 

23 the Fund shall be available for necessary expenses of real 

24 property management and related activities not otherwise 

25 provided for, including operation, maintenance, and pro26 tection of federally owned and leased buildings; rental of 
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1 buildings in the District of Columbia; restoration of 

2 leased premises; moving governmental agencies (including 

3 space adjustments and telecommunications relocation ex4 penses) in connection with the assignment, allocation and 

5 transfer of space; contractual services incident to clean6 ing or servicing buildings, and moving; repair and alter7 ation of federally owned buildings including grounds, ap8 proaches and appurtenances; care and safeguarding of 

9 sites; maintenance, preservation, demolition, and equip10 ment; acquisition of buildings and sites by purchase, con11 demnation, or as otherwise authorized by law; acquisition 

12 of options to purchase buildings and sites; conversion and 

13 extension of federally owned buildings; preliminary plan14 ning and design of projects by contract or otherwise; con15 struction of new buildings (including equipment for such 

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

17 other obligations for public buildings acquired by install18 ment purchase and purchase contract; in the aggregate 

19 amount of $6,996,741,000, of which: (1) $522,251,000 

20 shall remain available until expended for construction (in21 cluding funds for sites and expenses and associated de22 sign and construction services) of additional projects at 

23 the following locations:

24 New Construction: 

25 California: 
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1 Los Angeles, United States Courthouse, 

2 $314,385,000

3 San Diego, United States Courthouse, 

4 $3,068,000 

5 District of Columbia: 

6 Southeast Federal Center Site Remedi7 ation, $2,650,000

8 Maine: 

9 Calais, Border Station, $3,269,000

10 Madawaska, Border Station, $1,760,000

11 Maryland: 

12 Montgomery County, Food and Drug Ad13 ministration Consolidation, $88,710,000

14 Minnesota: 

15 Warroad, Border Station, $1,837,000

16 New York: 

17 Alexandria Bay, Border Station, 

18 $8,884,000

19 Massena, Border Station, $15,000,000

20 North Dakota: 

21 Dunseith, Border Station, $2,301,000

22 Portal, Border Station, $22,351,000

23 Texas: 

24 El Paso, Paso Del Norte Border Station, 

25 $26,191,000
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1 El Paso, United States Courthouse, 

2 $2,714,000

3 El Paso, Ysleta Border Station, 

4 $2,491,000

5 Vermont: 

6 Derby Line, Border Station, $3,348,000

7 Norton, Border Station, $1,747,000

8 Richford, Border Station, $1,545,000

9 Nonprospectus Construction, $10,000,000

10 Judgment Fund repayment, $10,000,000:

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

12 new construction projects may be exceeded to the extent 

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

14 to exceed 10 percent of the amounts included in an ap15 proved prospectus, if required, unless advance approval is 

16 obtained from the Committees on Appropriations of a 

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

18 construction projects shall expire on September 30, 2006, 

19 and remain in the Federal Buildings Fund except for 

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

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

22 date; (2) $931,211,000 shall remain available until ex23 pended for repairs and alterations, which includes associ24 ated design and construction services: Provided further, 
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1 That the Administrator shall fund the following projects 

2 from repair and alterations as the limitation will allow:

3 Repairs and Alterations: 

4 District of Columbia: 

5 Eisenhower Executive Office Building, 

6 $5,000,000

7 Federal Office Building 6, $8,267,000

8 Hoover FBI Building, $10,242,000

9 Mary E. Switzer Building, $80,335,000

10 New Executive Office Building, $6,262,000

11 Steam Distribution System, $2,000,000

12 Theodore Roosevelt Building, $9,730,000

13 Georgia: 

14 Atlanta, Martin Luther King, Jr. Federal 

15 Building, $14,800,000

16 Atlanta, United States Court of Appeals, 

17 $32,004,000

18 Hawaii: 

19 Hilo, Federal Building, $5,133,000

20 Louisiana: 

21 New Orleans, Boggs Federal Building, 

22 $22,581,000

23 New Orleans, Wisdom Courthouse of Ap24 peals, $8,005,000

25 Maryland: 
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1 Baltimore, George H. Fallon Federal 

2 Building, $46,163,000

3 Suitland, National Record Center, 

4 $7,989,000

5 Woodlawn, Social Security Administration 

6 Altmeyer Building, $6,300,000

7 Minnesota: 

8 St. Paul, Warren E. Burger Federal Build9 ing—Courthouse, $36,644,000

10 Missouri: 

11 Kansas City, Richard Bolling Federal 

12 Building, $40,048,000

13 New York: 

14 New York, Foley Square Courthouse, 

15 $2,505,000

16 Queens, Joseph P. Addabbo Federal Build17 ing, $5,455,000

18 Ohio: 

19 Cincinnati, Potter Stewart Courthouse, 

20 $37,975,000

21 Cleveland, Celebreeze Federal Building, 

22 $37,375,000

23 Washington: 

24 Seattle, William Nakamura Courthouse, 

25 $50,210,000
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1 Special Emphasis Programs: 

2 Chlorofluorocarbons Program, $13,000,000

3 Energy Program, $30,000,000

4 Glass Fragment Retention, $20,000,000

5 Design Program, $49,699,000

6 Basic Repairs and Alterations, $394,500,000:

7 Provided further, That funds made available in this or any 

8 previous Act in the Federal Buildings Fund for repairs 

9 and alterations shall, for prospectus projects, be limited 

10 to the amount identified for each project, except each 

11 project in this or any previous Act may be increased by 

12 an amount not to exceed 10 percent unless advance ap13 proval is obtained from the Committees on Appropriations 

14 of a greater amount: Provided further, That additional 

15 projects for which prospectuses have been fully approved 

16 may be funded under this category only if advance ap17 proval is obtained from the Committees on Appropria18 tions: Provided further, That the amounts provided in this 

19 or any prior Act for repairs and alterations may be used 

20 to fund costs associated with implementing security im21 provements to buildings necessary to meet the minimum 

22 standards for security in accordance with current law and 

23 in compliance with the reprogramming guidelines of the 

24 appropriate Committees of the House and Senate: Pro25 vided further, That the difference between the funds ap-
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1 propriated and expended on any projects in this or any 

2 prior Act, under the heading repairs and alterations, may 

3 be transferred to basic repairs and alterations or used to 

4 fund authorized increases in prospectus projects: Provided 

5 further, That all funds for repairs and alterations pro6 spectus projects shall expire on September 30, 2006 and 

7 remain in the Federal Buildings Fund except funds for 

8 projects as to which funds for design or other funds have 

9 been obligated in whole or in part prior to such date: Pro10 vided further, That the amount provided in this or any 

11 prior Act for basic repairs and alterations may be used 

12 to pay claims against the Government arising from any 

13 projects under the heading repairs and alterations or used 

14 to fund authorized increases in prospectus projects; (3) 

15 $161,442,000 for installment acquisition payments includ16 ing payments on purchase contracts which shall remain 

17 available until expended; (4) $3,672,315,000 for rental of 

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

19 $1,709,522,000 for building operations which shall remain 

20 available until expended: Provided further, That funds 

21 available to the General Services Administration shall not 

22 be available for expenses of any construction, repair, alter23 ation and acquisition project for which a prospectus, if re24 quired by the Public Buildings Act of 1959, as amended, 

25 has not been approved, except that necessary funds may 
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1 be expended for each project for required expenses for the 

2 development of a proposed prospectus: Provided further,

3 That funds available in the Federal Buildings Fund may 

4 be expended for emergency repairs when advance approval 

5 is obtained from the Committees on Appropriations: Pro6 vided further, That amounts necessary to provide reim7 bursable special services to other agencies under section 

8 210(f)(6) of the Federal Property and Administrative 

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

10 and amounts to provide such reimbursable fencing, light11 ing, guard booths, and other facilities on private or other 

12 property not in Government ownership or control as may 

13 be appropriate to enable the United States Secret Service 

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

15 3056, shall be available from such revenues and collec16 tions: Provided further, That revenues and collections and 

17 any other sums accruing to this Fund during fiscal year 

18 2005, excluding reimbursements under section 210(f)(6) 

19 of the Federal Property and Administrative Services Act 

20 of 1949 (40 U.S.C. 592(b)(2)) in excess of the aggregate 

21 new obligational authority authorized for Real Property 

22 Activities of the Federal Buildings Fund in this Act shall 

23 remain in the Fund and shall not be available for expendi24 ture except as authorized in appropriations Acts. 
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1 GENERAL ACTIVITIES

2 GOVERNMENT-WIDE POLICY

3 For expenses authorized by law, not otherwise pro4 vided for, for Government-wide policy and evaluation ac5 tivities associated with the management of real and per6 sonal property assets and certain administrative services; 

7 Government-wide policy support responsibilities relating 

8 to acquisition, telecommunications, information tech9 nology management, and related technology activities; 

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

11 $62,100,000. 

12 OPERATING EXPENSES

13 For expenses authorized by law, not otherwise pro14 vided for, for Government-wide activities associated with 

15 utilization and donation of surplus personal property; dis16 posal of real property; telecommunications, information 

17 technology management, and related technology activities; 

18 providing Internet access to Federal information and 

19 services; agency-wide policy direction and management, 

20 and Board of Contract Appeals; accounting, records man21 agement, and other support services incident to adjudica22 tion of Indian Tribal Claims by the United States Court 

23 of Federal Claims; services as authorized by 5 U.S.C. 

24 3109; and not to exceed $7,500 for official reception and 

25 representation expenses, $82,175,000. 
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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector 

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

4 $42,351,000: Provided, That not to exceed $15,000 shall 

5 be available for payment for information and detection of 

6 fraud against the Government, including payment for re7 covery of stolen Government property: Provided further,

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

9 to employees of other Federal agencies and private citi10 zens in recognition of efforts and initiatives resulting in 

11 enhanced Office of Inspector General effectiveness. 

12 ELECTRONIC GOVERNMENT (E-GOV) FUND

13 (INCLUDING TRANSFER OF FUNDS)

14 For necessary expenses in support of interagency 

15 projects that enable the Federal Government to expand 

16 its ability to conduct activities electronically, through the 

17 development and implementation of innovative uses of the 

18 Internet and other electronic methods, $5,000,000, to re19 main available until expended: Provided, That these 

20 funds may be transferred to Federal agencies to carry 

21 out the purposes of the Fund: Provided further, That this 

22 transfer authority shall be in addition to any other trans23 fer authority provided in this Act: Provided further, That 

24 such transfers may not be made until 10 days after a 

25 proposed spending plan and justification for each project 
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1 to be undertaken has been submitted to the Committees 

2 on Appropriations. 

3 ALLOWANCES AND OFFICE STAFF FOR FORMER

4 PRESIDENTS

5 (INCLUDING TRANSFER OF FUNDS) 

6 For carrying out the provisions of the Act of August 

7 25, 1958, as amended (3 U.S.C. 102 note), and Public 

8 Law 95–138, $3,449,000: Provided, That the Adminis9 trator of General Services shall transfer to the Secretary 

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

11 out the provisions of such Acts. 

12 EXPENSES, PRESIDENTIAL TRANSITION

13 For expenses necessary to carry out the Presidential 

14 Transition Act of 1963, as amended, $7,700,000, of which 

15 not to exceed $1,000,000 is for activities authorized by 

16 sections 3(a) (8) and (9) of the Presidential Transition 

17 Act of 2000, and may be used notwithstanding section 3(f) 

18 of such Act (3 U.S.C. 102, note).

19 GENERAL PROVISIONS—GENERAL SERVICES

20 ADMINISTRATION

21 SEC. 401. The appropriate appropriation or fund 

22 available to the General Services Administration shall be 

23 credited with the cost of operation, protection, mainte24 nance, upkeep, repair, and improvement, included as part 

25 of rentals received from Government corporations pursu26 ant to law (40 U.S.C. 129). 
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1 SEC. 402. Funds available to the General Services 

2 Administration shall be available for the hire of pas3 senger motor vehicles. 

4 SEC. 403. Funds in the Federal Buildings Fund 

5 made available in fiscal year 2005 for Federal Buildings 

6 Fund activities may be transferred between such activi7 ties only to the extent necessary to meet program re8 quirements: Provided, That any proposed transfers shall 

9 be approved in advance by the Committees on Appropria10 tions. 

11 SEC. 404. No funds made available by this Act shall 

12 be used to transmit a fiscal year 2006 request for United 

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

14 the design guide standards for construction as established 

15 and approved by the General Services Administration, the 

16 Judicial Conference of the United States, and the Office 

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

18 priorities of the Judicial Conference of the United States 

19 as set out in its approved 5-year construction plan: Pro20 vided, That the fiscal year 2006 request must be accom21 panied by a standardized courtroom utilization study of 

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

23 SEC. 405. None of the funds provided in this Act 

24 may be used to increase the amount of occupiable square 

25 feet, provide cleaning services, security enhancements, or 
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1 any other service usually provided through the Federal 

2 Buildings Fund, to any agency that does not pay the rate 

3 per square foot assessment for space and services as de4 termined by the General Services Administration in com5 pliance with the Public Buildings Amendments Act of 

6 1972 (Public Law 92–313). 

7 SEC. 406. From funds made available under the 

8 heading ‘‘Federal buildings fund, limitations on avail9 ability of revenue’’, claims against the Government of less 

10 than $250,000 arising from direct construction projects 

11 and acquisition of buildings may be liquidated from sav12 ings effected in other construction projects with prior no13 tification to the Committees on Appropriations.

14 SEC. 407. Notwithstanding 40 U.S.C. 524, 571, and 

15 572, the Administrator of General Services may sell the 

16 Middle River Depot at Middle River, Maryland, and credit 

17 the proceeds of such sale as offsetting collections to the 

18 Federal Buildings Fund, to be available, in addition to 

19 amounts otherwise appropriated for such Fund, for such 

20 capital activities of the Fund as the Administrator may 

21 deem appropriate.

22 SEC. 408. Section 572(a)(2)(A)(ii) of title 40, United 

23 States Code, is amended by inserting the following before 

24 the period: ‘‘, highest and best use of property studies, 
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1 utilization of property studies, deed compliance inspection, 

2 and the expenses incurred in a relocation’’. 

3 SEC. 409. Notwithstanding any other provision of 

4 law, the Administrator of General Services may convey, 

5 by sale, lease, exchange or otherwise, including through 

6 leaseback arrangements, real and related personal prop7 erty, or interests therein, and retain the net proceeds of 

8 such dispositions in an account within the Federal Build9 ings Fund to be used for the General Services Administra10 tion’s real property capital needs: Provided, That all net 

11 proceeds realized under this section shall only be expended 

12 as authorized in annual appropriations acts: Provided fur13 ther, That for the purposes of this section, the term ‘‘net 

14 proceeds’’ means the rental and other sums received less 

15 the costs of the disposition, and the term ‘‘real property 

16 capital needs’’ means any expenses necessary and incident 

17 to the agency’s real property capital acquisitions, improve18 ments, and dispositions. 

19 SEC. 410. LAND CONVEYANCE, NAHANT, MASSA20 CHUSETTS.—(a) CONVEYANCE AUTHORIZED.—Notwith21 standing any other provision of law, the Administrator of 

22 the General Services Administration may sell all right, 

23 title, and interest of the United States in and to a parcel 

24 of real property, including improvements thereon, that is 

25 located at Castle Road, Gardner Road and Goddard Drive 
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1 in Nahant, Massachusetts to the Town of Nahant. In the 

2 event a binding sales contract is not executed within 30 

3 days of enactment the Administrator shall commence with 

4 a public, competitive sale of the property. 

5 (b) CONSIDERATION.—As consideration for convey6 ance under subsection (a), the Town of Nahant shall pay, 

7 in a single lump sum payment, $2 million. 

8 (c) DEPOSIT OF FUNDS.—Notwithstanding any other 

9 provision of law, the Administrator may deposit the net 

10 proceeds in the Real Property Relocation account of the 

11 General Services Administration. In the event proceeds ex12 ceed $2 million, the net amount in excess of $2 million 

13 shall be deposited in the United States Coast Guard Hous14 ing Fund established under 14 U.S.C. Sec. 687. 

15 (d) DESCRIPTION OF PROPERTY.—The exact acreage 

16 and legal description of the real property to be conveyed 

17 under subsection (a) shall be determined by a survey satis18 factory to the Administrator. The cost of the survey shall 

19 be borne by the purchaser. 

20 (e) ADDITIONAL TERMS AND CONDITIONS.—The 

21 Adminstrator may require such additional terms and con22 ditions in connection with the conveyance under subsection 

23 (a) as the Adminstrator considers appropriate to protect 

24 the interests of the United States.
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1 MERIT SYSTEMS PROTECTION BOARD

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses to carry out functions of the 

5 Merit Systems Protection Board pursuant to Reorganiza6 tion Plan Numbered 2 of 1978 and the Civil Service Re7 form Act of 1978, including services as authorized by 5 

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

9 of Columbia and elsewhere, hire of passenger motor vehi10 cles, and direct procurement of survey printing, 

11 $34,683,000 together with not to exceed $2,620,000 for 

12 administrative expenses to adjudicate retirement appeals 

13 to be transferred from the Civil Service Retirement and 

14 Disability Fund in amounts determined by the Merit Sys15 tems Protection Board. 

16 MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN

17 NATIONAL ENVIRONMENTAL POLICY FOUNDATION

18 MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN

19 NATIONAL ENVIRONMENTAL POLICY TRUST FUND

20 For payment to the Morris K. Udall Scholarship and 

21 Excellence in National Environmental Policy Trust Fund, 

22 pursuant to the Morris K. Udall Scholarship and Excel23 lence in National Environmental and Native American 

24 Public Policy Act of 1992 (20 U.S.C. 5601 et seq.), 

25 $1,984,000, to remain available until expended, of which 

26 up to $50,000 shall be used to conduct financial audits 
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1 pursuant to the Accountability of Tax Dollars Act of 

2 2002 (Public Law 107–289), notwithstanding sections 8 

3 and 9 of Public Law 102–259: Provided, That up to 60 

4 percent of such funds may be transferred by the Morris 

5 K. Udall Scholarship and Excellence in National Envi6 ronmental Policy Foundation for the necessary expenses 

7 of the Native Nations Institute. 

8 ENVIRONMENTAL DISPUTE RESOLUTION FUND

9 For payment to the Environmental Dispute Resolu10 tion Fund to carry out activities authorized in the Envi11 ronmental Policy and Conflict Resolution Act of 1998, 

12 $1,301,000, to remain available until expended. 

13 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

14 OPERATING EXPENSES

15 For necessary expenses in connection with the ad16 ministration of the National Archives and Records Ad17 ministration (including the Information Security Over18 sight Office) and archived Federal records and related 

19 activities, as provided by law, and for expenses necessary 

20 for the review and declassification of documents, and for 

21 the hire of passenger motor vehicles, $264,185,000: Pro22 vided, That the Archivist of the United States is author23 ized to use any excess funds available from the amount 

24 borrowed for construction of the National Archives facil25 ity, for expenses necessary to provide adequate storage 

26 for holdings. 
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1 ELECTRONIC RECORDS ARCHIVES

2 For necessary expenses in connection with the devel3 opment of the electronic records archives, to include all 

4 direct project costs associated with research, analysis, de5 sign, development, and program management, 

6 $35,914,000. 

7 REPAIRS AND RESTORATION

8 For the repair, alteration, and improvement of ar9 chives facilities, and to provide adequate storage for hold10 ings, $7,182,000, to remain available until expended. 

11 NATIONAL HISTORICAL PUBLICATIONS AND RECORDS

12 COMMISSION

13 GRANTS PROGRAM

14 For necessary expenses for allocations and grants 

15 for historical publications and records as authorized by 

16 44 U.S.C. 2504, as amended, $3,000,000, to remain 

17 available until expended. 

18 OFFICE OF GOVERNMENT ETHICS

19 SALARIES AND EXPENSES

20 For necessary expenses to carry out functions of the 

21 Office of Government Ethics pursuant to the Ethics in 

22 Government Act of 1978, as amended, and the Ethics 

23 Reform Act of 1989, including services as authorized by 

24 5 U.S.C. 3109, rental of conference rooms in the District 

25 of Columbia and elsewhere, hire of passenger motor vehi-
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1 cles, and not to exceed $1,500 for official reception and 

2 representation expenses, $11,238,000. 

3 OFFICE OF PERSONNEL MANAGEMENT

4 SALARIES AND EXPENSES

5 (INCLUDING TRANSFER OF TRUST FUNDS) 

6 For necessary expenses to carry out functions of the 

7 Office of Personnel Management pursuant to Reorganiza8 tion Plan Numbered 2 of 1978 and the Civil Service Re9 form Act of 1978, including services as authorized by 5 

10 U.S.C. 3109; medical examinations performed for vet11 erans by private physicians on a fee basis; rental of con12 ference rooms in the District of Columbia and elsewhere; 

13 hire of passenger motor vehicles; not to exceed $2,500 for 

14 official reception and representation expenses; advances 

15 for reimbursements to applicable funds of the Office of 

16 Personnel Management and the Federal Bureau of Inves17 tigation for expenses incurred under Executive Order No. 

18 10422 of January 9, 1953, as amended; and payment of 

19 per diem and/or subsistence allowances to employees 

20 where Voting Rights Act activities require an employee to 

21 remain overnight at his or her post of duty, 

22 $120,444,000, of which $2,000,000 shall remain avail23 able until expended for the cost of the enterprise human 

24 resources integration project, $6,615,000 shall remain 

25 available until expended for the cost of leading the gov-
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1 ernment-wide initiative to modernize the Federal payroll 

2 systems and service delivery; $800,000 shall remain avail3 able until expended for the cost of the e-human resources 

4 information system project; $2,000,000 shall remain 

5 available until expended for the cost of the e-clearance 

6 project; and $3,300,000 shall remain available until ex7 pended for the recruitment one stop project; and in addi8 tion $128,462,000 for administrative expenses, to be 

9 transferred from the appropriate trust funds of the Office 

10 of Personnel Management without regard to other stat11 utes, including direct procurement of printed materials, 

12 for the retirement and insurance programs, of which 

13 $27,640,000 shall remain available until expended for the 

14 cost of automating the retirement recordkeeping systems: 

15 Provided, That the provisions of this appropriation shall 

16 not affect the authority to use applicable trust funds as 

17 provided by sections 8348(a)(1)(B), and 9004(f)(1)(A) 

18 and (2)(A) of title 5, United States Code: Provided fur19 ther, That no part of this appropriation shall be available 

20 for salaries and expenses of the Legal Examining Unit of 

21 the Office of Personnel Management established pursuant 

22 to Executive Order No. 9358 of July 1, 1943, or any suc23 cessor unit of like purpose: Provided further, That the 

24 President’s Commission on White House Fellows, estab25 lished by Executive Order No. 11183 of October 3, 1964, 
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1 may, during fiscal year 2005, accept donations of money, 

2 property, and personal services: Provided further, That 

3 such donations, including those from prior years, may be 

4 used for the development of publicity materials to provide 

5 information about the White House Fellows, except that 

6 no such donations shall be accepted for travel or reim7 bursement of travel expenses, or for the salaries of em8 ployees of such Commission. 

9 OFFICE OF INSPECTOR GENERAL

10 SALARIES AND EXPENSES

11 (INCLUDING TRANSFER OF TRUST FUNDS)

12 For necessary expenses of the Office of Inspector 

13 General in carrying out the provisions of the Inspector 

14 General Act, as amended, including services as author15 ized by 5 U.S.C. 3109, hire of passenger motor vehicles, 

16 $1,627,000, and in addition, not to exceed $16,461,000 

17 for administrative expenses to audit, investigate, and pro18 vide other oversight of the Office of Personnel Manage19 ment’s retirement and insurance programs, to be trans20 ferred from the appropriate trust funds of the Office of 

21 Personnel Management, as determined by the Inspector 

22 General: Provided, That the Inspector General is author23 ized to rent conference rooms in the District of Columbia 

24 and elsewhere. 
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1 GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES

2 HEALTH BENEFITS

3 For payment of Government contributions with re4 spect to retired employees, as authorized by chapter 89 

5 of title 5, United States Code, and the Retired Federal 

6 Employees Health Benefits Act (74 Stat. 849), as 

7 amended, such sums as may be necessary. 

8 GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE

9 LIFE INSURANCE

10 For payment of Government contributions with re11 spect to employees retiring after December 31, 1989, as 

12 required by chapter 87 of title 5, United States Code, 

13 such sums as may be necessary. 

14 PAYMENT TO CIVIL SERVICE RETIREMENT AND

15 DISABILITY FUND

16 For financing the unfunded liability of new and in17 creased annuity benefits becoming effective on or after 

18 October 20, 1969, as authorized by 5 U.S.C. 8348, and 

19 annuities under special Acts to be credited to the Civil 

20 Service Retirement and Disability Fund, such sums as 

21 may be necessary: Provided, That annuities authorized by 

22 the Act of May 29, 1944, as amended, and the Act of 

23 August 19, 1950, as amended (33 U.S.C. 771–775), may 

24 hereafter be paid out of the Civil Service Retirement and 

25 Disability Fund. 
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1 HUMAN CAPITAL PERFORMANCE FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For a human capital performance fund, as author4 ized by 5 U.S.C. 5408, $12,514,000: Provided, That such 

5 amounts as determined by the Director of the Office of 

6 Personnel Management may be transferred to Federal 

7 agencies to carry out the purposes of this fund as author8 ized by 5 U.S.C. 5403: Provided further, That no funds 

9 shall be available for obligation or transfer to any Fed10 eral agency until the Director has notified the relevant 

11 subcommittees of jurisdiction of the Committees on Ap12 propriations of the approval of a performance pay plan 

13 for that agency, and the prior approval of such sub14 committees has been attained. 

15 OFFICE OF SPECIAL COUNSEL

16 SALARIES AND EXPENSES

17 For necessary expenses to carry out functions of the 

18 Office of Special Counsel pursuant to Reorganization 

19 Plan Numbered 2 of 1978, the Civil Service Reform Act 

20 of 1978 (Public Law 95–454), as amended, the Whistle21 blower Protection Act of 1989 (Public Law 101–12), as 

22 amended, Public Law 103–424, and the Uniformed Serv23 ices Employment and Reemployment Act of 1994 (Public 

24 Law 103–353), including services as authorized by 5 

25 U.S.C. 3109, payment of fees and expenses for witnesses, 

26 rental of conference rooms in the District of Columbia 
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1 and elsewhere, and hire of passenger motor vehicles; 

2 $15,449,000. 

3 UNITED STATES POSTAL SERVICE

4 PAYMENT TO THE POSTAL SERVICE FUND

5 For payment to the Postal Service Fund for revenue 

6 forgone on free and reduced rate mail, pursuant to sub7 sections (c) and (d) of section 2401 of title 39, United 

8 States Code, $61,709,000, which shall not be available 

9 for obligation until October 1, 2005: Provided, That mail 

10 for overseas voting and mail for the blind shall continue 

11 to be free: Provided further, That 6-day delivery and 

12 rural delivery of mail shall continue at not less than the 

13 1983 level: Provided further, That none of the funds 

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

15 used to implement any rule, regulation, or policy of 

16 charging any officer or employee of any State or local 

17 child support enforcement agency, or any individual par18 ticipating in a State or local program of child support en19 forcement, a fee for information requested or provided 

20 concerning an address of a postal customer: Provided fur21 ther, That none of the funds provided in this Act shall 

22 be used to consolidate or close small rural and other 

23 small post offices in fiscal year 2005. 
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1 UNITED STATES TAX COURT

2 SALARIES AND EXPENSES

3 For necessary expenses, including contract reporting 

4 and other services as authorized by 5 U.S.C. 3109, 

5 $41,180,000: Provided, That travel expenses of the 

6 judges shall be paid upon the written certificate of the 

7 judge. 

8 TITLE V—GENERAL PROVISIONS 

9 THIS ACT

10 (INCLUDING TRANSFERS OF FUNDS)

11 SEC. 501. Such sums as may be necessary for fiscal 

12 year 2004 pay raises for programs funded in this Act 

13 shall be absorbed within the levels appropriated in this 

14 Act or previous appropriations Acts. 

15 SEC. 502. None of the funds in this Act shall be 

16 used for the planning or execution of any program to pay 

17 the expenses of, or otherwise compensate, non-Federal 

18 parties intervening in regulatory or adjudicatory pro19 ceedings funded in this Act. 

20 SEC. 503. None of the funds appropriated in this 

21 Act shall remain available for obligation beyond the cur22 rent fiscal year, nor may any be transferred to other ap23 propriations, unless expressly so provided herein. 

24 SEC. 504. The expenditure of any appropriation 

25 under this Act for any consulting service through pro-
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1 curement contract pursuant to section 3109 of title 5, 

2 United States Code, shall be limited to those contracts 

3 where such expenditures are a matter of public record 

4 and available for public inspection, except where other5 wise provided under existing law, or under existing Exec6 utive Order issued pursuant to existing law. 

7 SEC. 505. For the purpose of any applicable law, for 

8 fiscal years 2004 and 2005, the city of Norman, Okla9 homa, shall be considered to be part of the Oklahoma 

10 City urbanized area. 

11 SEC. 506. None of the funds made available in this 

12 Act may be transferred to any department, agency, or in13 strumentality of the United States Government, except 

14 pursuant to a transfer made by, or transfer authority 

15 provided in, this Act or any other appropriations Act. 

16 SEC. 507. None of the funds made available by this 

17 Act shall be available for any activity or for paying the 

18 salary of any Government employee where funding an ac19 tivity or paying a salary to a Government employee would 

20 result in a decision, determination, rule, regulation, or 

21 policy that would prohibit the enforcement of section 307 

22 of the Tariff Act of 1930. 

23 SEC. 508. No part of any appropriation contained in 

24 this Act shall be available to pay the salary for any per25 son filling a position, other than a temporary position, 
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1 formerly held by an employee who has left to enter the 

2 Armed Forces of the United States and has satisfactorily 

3 completed his period of active military or naval service, 

4 and has within 90 days after his release from such serv5 ice or from hospitalization continuing after discharge for 

6 a period of not more than 1 year, made application for 

7 restoration to his former position and has been certified 

8 by the Office of Personnel Management as still qualified 

9 to perform the duties of his former position and has not 

10 been restored thereto. 

11 SEC. 509. No funds appropriated pursuant to this 

12 Act may be expended by an entity unless the entity 

13 agrees that in expending the assistance the entity will 

14 comply with sections 2 through 4 of the Act of March 3, 

15 1933 (41 U.S.C. 10a–10c, popularly known as the ‘‘Buy 

16 America Act’’). 

17 SEC. 510. (a) PURCHASE OF AMERICAN-MADE

18 EQUIPMENT AND PRODUCTS.—Hereafter, in the case of 

19 any equipment or products that may be authorized to be 

20 purchased with financial assistance provided under this 

21 Act, it is the sense of the Congress that entities receiving 

22 such assistance should, in expending the assistance, pur23 chase only American-made equipment and products. 

24 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In 

25 providing financial assistance under this Act, the Sec-
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1 retary of the Treasury shall provide to each recipient of 

2 the assistance a notice describing the statement made in 

3 subsection (a) by the Congress. 

4 SEC. 511. Hereafter, if it has been finally deter5 mined by a court or Federal agency that any person in6 tentionally affixed a label bearing a ‘‘Made in America’’ 

7 inscription, or any inscription with the same meaning, to 

8 any product sold in or shipped to the United States that 

9 is not made in the United States, such person shall be 

10 ineligible to receive any contract or subcontract made 

11 with funds provided pursuant to this Act, pursuant to the 

12 debarment, suspension, and ineligibility procedures de13 scribed in sections 9.400 through 9.409 of title 48, Code 

14 of Federal Regulations. 

15 SEC. 512. Except as otherwise specifically provided 

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

17 remaining available at the end of fiscal year 2005 from 

18 appropriations made available for salaries and expenses 

19 for fiscal year 2005 in this Act, shall remain available 

20 through September 30, 2006, for each such account for 

21 the purposes authorized: Provided, That a request shall 

22 be submitted to the Committees on Appropriations for 

23 approval prior to the expenditure of such funds: Provided 

24 further, That these requests shall be made in compliance 

25 with reprogramming guidelines. 
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1 SEC. 513. None of the funds made available in this 

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

3 to request from the Federal Bureau of Investigation any 

4 official background investigation report on any individual, 

5 except when—

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

7 written consent for such request not more than 6 

8 months prior to the date of such request and during 

9 the same presidential administration; or 

10 (2) such request is required due to extraor11 dinary circumstances involving national security. 

12 SEC. 514. The cost accounting standards promul13 gated under section 26 of the Office of Federal Procure14 ment Policy Act (Public Law 93–400; 41 U.S.C. 422) 

15 shall not apply with respect to a contract under the Fed16 eral Employees Health Benefits Program established 

17 under chapter 89 of title 5, United States Code. 

18 SEC. 515. For the purpose of resolving litigation and 

19 implementing any settlement agreements regarding the 

20 nonforeign area cost-of-living allowance program, the Of21 fice of Personnel Management may accept and utilize 

22 (without regard to any restriction on unanticipated travel 

23 expenses imposed in an appropriations Act) funds made 

24 available to the Office pursuant to court approval. 
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1 SEC. 516. No funds appropriated or otherwise made 

2 available under this Act shall be made available to any 

3 person or entity that has been convicted of violating the 

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

5 SEC. 517. No funds appropriated by this Act shall 

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

7 expenses in connection with any health plan under the 

8 Federal employees health benefits program which pro9 vides any benefits or coverage for abortions. 

10 SEC. 518. The provision of section 517 shall not 

11 apply where the life of the mother would be endangered 

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

13 result of an act of rape or incest. 

14 SEC. 519. None of the funds provided in this Act, 

15 provided by previous appropriations Acts to the agencies 

16 or entities funded in this Act that remain available for 

17 obligation or expenditure in fiscal year 2005, or provided 

18 from any accounts in the Treasury derived by the collec19 tion of fees and available to the agencies funded by this 

20 Act, shall be available for obligation or expenditure 

21 through a reprogramming of funds that—

22 (1) creates a new program; 

23 (2) eliminates a program, project, or activity; 
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1 (3) increases funds for any program, project, or 

2 activity for which funds have been denied or re3 stricted by the Congress; 

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

5 activity by either the House or Senate Committees 

6 on Appropriations for a different purpose; 

7 (5) augments existing programs, projects, or ac8 tivities in excess of $5,000,000 or 10 percent, which9 ever is greater; 

10 (6) reduces existing programs, projects, or ac11 tivities by $5,000,000 or 10 percent, whichever is 

12 greater; or 

13 (7) creates or reorganizes a branch, division, of14 fice, bureau, board, commission, agency administra15 tion, or department different from the budget jus16 tifications submitted to the Committees on Appro17 priations; 

18 unless prior approval is received from the House and Sen19 ate Committees on Appropriations. 

20 SEC. 520. EXEMPTION FROM LIMITATIONS ON PRO21 CUREMENT OF FOREIGN INFORMATION TECHNOLOGY

22 THAT IS A COMMERCIAL ITEM.—In order to promote 

23 Government access to commercial information technology, 

24 the restriction on purchasing nondomestic articles, mate25 rials, and supplies set forth in the Buy American Act (41 
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1 U.S.C. 10a et seq.), shall not apply to the acquisition by 

2 the Federal Government of information technology (as 

3 defined in section 11101 of title 40, United States Code, 

4 that is a commercial item (as defined in section 4(12) of 

5 the Office of Federal Procurement Policy Act (41 U.S.C. 

6 403(12)). 

7 SEC. 521. It is the sense of the House of Represent8 atives that empowerment zones within cities should have 

9 the necessary flexibility to expand to include relevant 

10 communities so that empowerment zone benefits are equi11 tably distributed. 

12 SEC. 522. It is the sense of the House of Represent13 atives that all census tracts contained in an empower14 ment zone, either fully or partially, should be equitably 

15 accorded the same benefits. 

16 SEC. 523. None of the funds made available in this 

17 Act may be used to finalize, implement, administer, or 

18 enforce—

19 (1) the proposed rule relating to the determina20 tion that real estate brokerage is an activity that is 

21 financial in nature or incidental to a financial activ22 ity published in the Federal Register on January 3, 

23 2001 (66 Fed. Reg. 307 et seq.); or 
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1 (2) the revision proposed in such rule to section 

2 1501.2 of title 12 of the Code of Federal Regula3 tions. 

4 SEC. 524. It is the sense of Congress that, after 

5 proper documentation, justification, and review, the De6 partment of Transportation should consider programs to 

7 reimburse general aviation ground support services at 

8 Ronald Reagan Washington National Airport, and air9 ports located within fifteen miles of Ronald Reagan 

10 Washington National Airport, for their financial losses 

11 due to Government actions after the terrorist attacks of 

12 September 11, 2001. 

13 SEC. 525. None of the funds made available under 

14 this Act may be obligated or expended to establish or im15 plement a pilot program under which not more than 10 

16 designated essential air service communities located in 

17 proximity to hub airports are required to assume 10 per18 cent of their essential air subsidy costs for a 4-year pe19 riod commonly referred to as the EAS local participation 

20 program. 

21 TITLE VI—GENERAL PROVISIONS 

22 DEPARTMENTS, AGENCIES, AND CORPORATIONS

23 SEC. 601. Funds appropriated in this or any other 

24 Act may be used to pay travel to the United States for 
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1 the immediate family of employees serving abroad in 

2 cases of death or life threatening illness of said employee. 

3 SEC. 602. No department, agency, or instrumen4 tality of the United States receiving appropriated funds 

5 under this or any other Act for fiscal year 2005 shall ob6 ligate or expend any such funds, unless such department, 

7 agency, or instrumentality has in place, and will continue 

8 to administer in good faith, a written policy designed to 

9 ensure that all of its workplaces are free from the illegal 

10 use, possession, or distribution of controlled substances 

11 (as defined in the Controlled Substances Act) by the offi12 cers and employees of such department, agency, or in13 strumentality. 

14 SEC. 603. Unless otherwise specifically provided, the 

15 maximum amount allowable during the current fiscal 

16 year in accordance with section 16 of the Act of August 

17 2, 1946 (60 Stat. 810), for the purchase of any pas18 senger motor vehicle (exclusive of buses, ambulances, law 

19 enforcement, and undercover surveillance vehicles), is 

20 hereby fixed at $8,100 except station wagons for which 

21 the maximum shall be $9,100: Provided, That these lim22 its may be exceeded by not to exceed $3,700 for police23 type vehicles, and by not to exceed $4,000 for special 

24 heavy-duty vehicles: Provided further, That the limits set 

25 forth in this section may not be exceeded by more than 
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1 5 percent for electric or hybrid vehicles purchased for 

2 demonstration under the provisions of the Electric and 

3 Hybrid Vehicle Research, Development, and Demonstra4 tion Act of 1976: Provided further, That the limits set 

5 forth in this section may be exceeded by the incremental 

6 cost of clean alternative fuels vehicles acquired pursuant 

7 to Public Law 101–549 over the cost of comparable con8 ventionally fueled vehicles. 

9 SEC. 604. Appropriations of the executive depart10 ments and independent establishments for the current 

11 fiscal year available for expenses of travel, or for the ex12 penses of the activity concerned, are hereby made avail13 able for quarters allowances and cost-of-living allowances, 

14 in accordance with 5 U.S.C. 5922–5924. 

15 SEC. 605. Unless otherwise specified during the cur16 rent fiscal year, no part of any appropriation contained 

17 in this or any other Act shall be used to pay the com18 pensation of any officer or employee of the Government 

19 of the United States (including any agency the majority 

20 of the stock of which is owned by the Government of the 

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

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

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

24 States on the date of the enactment of this Act who, 

25 being eligible for citizenship, has filed a declaration of in-
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1 tention to become a citizen of the United States prior to 

2 such date and is actually residing in the United States; 

3 (3) is a person who owes allegiance to the United States; 

4 (4) is an alien from Cuba, Poland, South Vietnam, the 

5 countries of the former Soviet Union, or the Baltic coun6 tries lawfully admitted to the United States for perma7 nent residence; (5) is a South Vietnamese, Cambodian, or 

8 Laotian refugee paroled in the United States after Janu9 ary 1, 1975; or (6) is a national of the People’s Republic 

10 of China who qualifies for adjustment of status pursuant 

11 to the Chinese Student Protection Act of 1992: Provided,

12 That for the purpose of this section, an affidavit signed 

13 by any such person shall be considered prima facie evi14 dence that the requirements of this section with respect 

15 to his or her status have been complied with: Provided 

16 further, That any person making a false affidavit shall be 

17 guilty of a felony, and, upon conviction, shall be fined no 

18 more than $4,000 or imprisoned for not more than 1 

19 year, or both: Provided further, That the above penal 

20 clause shall be in addition to, and not in substitution for, 

21 any other provisions of existing law: Provided further,

22 That any payment made to any officer or employee con23 trary to the provisions of this section shall be recoverable 

24 in action by the Federal Government. This section shall 

25 not apply to citizens of Ireland, Israel, or the Republic 
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1 of the Philippines, or to nationals of those countries al2 lied with the United States in a current defense effort, 

3 or to international broadcasters employed by the United 

4 States Information Agency, or to temporary employment 

5 of translators, or to temporary employment in the field 

6 service (not to exceed 60 days) as a result of emer7 gencies. 

8 SEC. 606. Appropriations available to any depart9 ment or agency during the current fiscal year for nec10 essary expenses, including maintenance or operating ex11 penses, shall also be available for payment to the General 

12 Services Administration for charges for space and serv13 ices and those expenses of renovation and alteration of 

14 buildings and facilities which constitute public improve15 ments performed in accordance with the Public Buildings 

16 Act of 1959 (73 Stat. 749), the Public Buildings Amend17 ments of 1972 (87 Stat. 216), or other applicable law. 

18 SEC. 607. In addition to funds provided in this or 

19 any other Act, all Federal agencies are authorized to re20 ceive and use funds resulting from the sale of materials, 

21 including Federal records disposed of pursuant to a 

22 records schedule recovered through recycling or waste 

23 prevention programs. Such funds shall be available until 

24 expended for the following purposes: 
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1 (1) Acquisition, waste reduction and prevention, 

2 and recycling programs as described in Executive 

3 Order No. 13101 (September 14, 1998), including 

4 any such programs adopted prior to the effective 

5 date of the Executive order. 

6 (2) Other Federal agency environmental man7 agement programs, including, but not limited to, the 

8 development and implementation of hazardous waste 

9 management and pollution prevention programs. 

10 (3) Other employee programs as authorized by 

11 law or as deemed appropriate by the head of the 

12 Federal agency. 

13 SEC. 608. Funds made available by this or any other 

14 Act for administrative expenses in the current fiscal year 

15 of the corporations and agencies subject to chapter 91 of 

16 title 31, United States Code, shall be available, in addi17 tion to objects for which such funds are otherwise avail18 able, for rent in the District of Columbia; services in ac19 cordance with 5 U.S.C. 3109; and the objects specified 

20 under this head, all the provisions of which shall be appli21 cable to the expenditure of such funds unless otherwise 

22 specified in the Act by which they are made available: 

23 Provided, That in the event any functions budgeted as 

24 administrative expenses are subsequently transferred to 
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1 or paid from other funds, the limitations on administra2 tive expenses shall be correspondingly reduced. 

3 SEC. 609. No part of any appropriation for the cur4 rent fiscal year contained in this or any other Act shall 

5 be paid to any person for the filling of any position for 

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

7 voted not to approve the nomination of said person. 

8 SEC. 610. No part of any appropriation contained in 

9 this or any other Act shall be available for interagency 

10 financing of boards (except Federal Executive Boards), 

11 commissions, councils, committees, or similar groups 

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

13 not have a prior and specific statutory approval to receive 

14 financial support from more than one agency or instru15 mentality. 

16 SEC. 611. Funds made available by this or any other 

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

18 be available for employment of guards for all buildings 

19 and areas owned or occupied by the Postal Service and 

20 under the charge and control of the Postal Service, and 

21 such guards shall have, with respect to such property, the 

22 powers of special policemen provided by the first section 

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

24 40 U.S.C. 318), and, as to property owned or occupied 

25 by the Postal Service, the Postmaster General may take 
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1 the same actions as the Administrator of General Serv2 ices may take under the provisions of sections 2 and 3 

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

4 40 U.S.C. 318a and 318b), attaching thereto penal con5 sequences under the authority and within the limits pro6 vided in section 4 of the Act of June 1, 1948, as amend7 ed (62 Stat. 281; 40 U.S.C. 318c). 

8 SEC. 612. None of the funds made available pursu9 ant to the provisions of this Act shall be used to imple10 ment, administer, or enforce any regulation which has 

11 been disapproved pursuant to a resolution of disapproval 

12 duly adopted in accordance with the applicable law of the 

13 United States. 

14 SEC. 613. (a) Notwithstanding any other provision 

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

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

17 2005, by this or any other Act, may be used to pay any 

18 prevailing rate employee described in section 

19 5342(a)(2)(A) of title 5, United States Code—

20 (1) during the period from the date of expira21 tion of the limitation imposed by the comparable sec22 tion for previous fiscal years until the normal effec23 tive date of the applicable wage survey adjustment 

24 that is to take effect in fiscal year 2005, in an 

25 amount that exceeds the rate payable for the appli-
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1 cable grade and step of the applicable wage schedule 

2 in accordance with such section; and 

3 (2) during the period consisting of the remain4 der of fiscal year 2005, in an amount that exceeds, 

5 as a result of a wage survey adjustment, the rate 

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

7 of—

8 (A) the percentage adjustment taking ef9 fect in fiscal year 2005 under section 5303 of 

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

11 under the General Schedule; and 

12 (B) the difference between the overall aver13 age percentage of the locality-based com14 parability payments taking effect in fiscal year 

15 2005 under section 5304 of such title (whether 

16 by adjustment or otherwise), and the overall av17 erage percentage of such payments which was 

18 effective in the previous fiscal year under such 

19 section. 

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

21 prevailing rate employee described in subparagraph (B) 

22 or (C) of section 5342(a)(2) of title 5, United States 

23 Code, and no employee covered by section 5348 of such 

24 title, may be paid during the periods for which subsection 

25 (a) is in effect at a rate that exceeds the rates that would 
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1 be payable under subsection (a) were subsection (a) ap2 plicable to such employee. 

3 (c) For the purposes of this section, the rates pay4 able to an employee who is covered by this section and 

5 who is paid from a schedule not in existence on Sep6 tember 30, 2004, shall be determined under regulations 

7 prescribed by the Office of Personnel Management. 

8 (d) Notwithstanding any other provision of law, 

9 rates of premium pay for employees subject to this sec10 tion may not be changed from the rates in effect on Sep11 tember 30, 2004, except to the extent determined by the 

12 Office of Personnel Management to be consistent with 

13 the purpose of this section. 

14 (e) This section shall apply with respect to pay for 

15 service performed after September 30, 2004. 

16 (f) For the purpose of administering any provision 

17 of law (including any rule or regulation that provides pre18 mium pay, retirement, life insurance, or any other em19 ployee benefit) that requires any deduction or contribu20 tion, or that imposes any requirement or limitation on 

21 the basis of a rate of salary or basic pay, the rate of sal22 ary or basic pay payable after the application of this sec23 tion shall be treated as the rate of salary or basic pay. 

24 (g) Nothing in this section shall be considered to 

25 permit or require the payment to any employee covered 
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1 by this section at a rate in excess of the rate that would 

2 be payable were this section not in effect. 

3 (h) The Office of Personnel Management may pro4 vide for exceptions to the limitations imposed by this sec5 tion if the Office determines that such exceptions are 

6 necessary to ensure the recruitment or retention of quali7 fied employees. 

8 SEC. 614. During the period in which the head of 

9 any department or agency, or any other officer or civilian 

10 employee of the Government appointed by the President 

11 of the United States, holds office, no funds may be obli12 gated or expended in excess of $5,000 to furnish or re13 decorate the office of such department head, agency 

14 head, officer, or employee, or to purchase furniture or 

15 make improvements for any such office, unless advance 

16 notice of such furnishing or redecoration is expressly ap17 proved by the Committees on Appropriations. For the 

18 purposes of this section, the term ‘‘office’’ shall include 

19 the entire suite of offices assigned to the individual, as 

20 well as any other space used primarily by the individual 

21 or the use of which is directly controlled by the indi22 vidual. 

23 SEC. 615. Notwithstanding section 1346 of title 31, 

24 United States Code, or section 610 of this Act, funds 

25 made available for the current fiscal year by this or any 
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1 other Act shall be available for the interagency funding 

2 of national security and emergency preparedness tele3 communications initiatives which benefit multiple Federal 

4 departments, agencies, or entities, as provided by Execu5 tive Order No. 12472 (April 3, 1984). 

6 SEC. 616. (a) None of the funds appropriated by 

7 this or any other Act may be obligated or expended by 

8 any Federal department, agency, or other instrumentality 

9 for the salaries or expenses of any employee appointed to 

10 a position of a confidential or policy-determining char11 acter excepted from the competitive service pursuant to 

12 section 3302 of title 5, United States Code, without a 

13 certification to the Office of Personnel Management from 

14 the head of the Federal department, agency, or other in15 strumentality employing the Schedule C appointee that 

16 the Schedule C position was not created solely or pri17 marily in order to detail the employee to the White 

18 House. 

19 (b) The provisions of this section shall not apply to 

20 Federal employees or members of the armed services de21 tailed to or from—

22 (1) the Central Intelligence Agency; 

23 (2) the National Security Agency; 

24 (3) the Defense Intelligence Agency; 
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1 (4) the offices within the Department of De2 fense for the collection of specialized national foreign 

3 intelligence through reconnaissance programs; 

4 (5) the Bureau of Intelligence and Research of 

5 the Department of State; 

6 (6) any agency, office, or unit of the Army, 

7 Navy, Air Force, and Marine Corps, the Department 

8 of Homeland Security, the Federal Bureau of Inves9 tigation and the Drug Enforcement Administration 

10 of the Department of Justice, the Department of 

11 Transportation, the Department of the Treasury, 

12 and the Department of Energy performing intel13 ligence functions; and 

14 (7) the Director of Central Intelligence. 

15 SEC. 617. No department, agency, or instrumen16 tality of the United States receiving appropriated funds 

17 under this or any other Act for the current fiscal year 

18 shall obligate or expend any such funds, unless such de19 partment, agency, or instrumentality has in place, and 

20 will continue to administer in good faith, a written policy 

21 designed to ensure that all of its workplaces are free 

22 from discrimination and sexual harassment and that all 

23 of its workplaces are not in violation of title VII of the 

24 Civil Rights Act of 1964, as amended, the Age Discrimi-
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1 nation in Employment Act of 1967, and the Rehabilita2 tion Act of 1973. 

3 SEC. 618. No part of any appropriation contained in 

4 this or any other Act shall be available for the payment 

5 of the salary of any officer or employee of the Federal 

6 Government, who—

7 (1) prohibits or prevents, or attempts or threat8 ens to prohibit or prevent, any other officer or em9 ployee of the Federal Government from having any 

10 direct oral or written communication or contact with 

11 any Member, committee, or subcommittee of the 

12 Congress in connection with any matter pertaining 

13 to the employment of such other officer or employee 

14 or pertaining to the department or agency of such 

15 other officer or employee in any way, irrespective of 

16 whether such communication or contact is at the ini17 tiative of such other officer or employee or in re18 sponse to the request or inquiry of such Member, 

19 committee, or subcommittee; or 

20 (2) removes, suspends from duty without pay, 

21 demotes, reduces in rank, seniority, status, pay, or 

22 performance of efficiency rating, denies promotion 

23 to, relocates, reassigns, transfers, disciplines, or dis24 criminates in regard to any employment right, enti25 tlement, or benefit, or any term or condition of em-
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1 ployment of, any other officer or employee of the 

2 Federal Government, or attempts or threatens to 

3 commit any of the foregoing actions with respect to 

4 such other officer or employee, by reason of any 

5 communication or contact of such other officer or 

6 employee with any Member, committee, or sub7 committee of the Congress as described in paragraph 

8 (1). 

9 SEC. 619. (a) None of the funds made available in 

10 this or any other Act may be obligated or expended for 

11 any employee training that—

12 (1) does not meet identified needs for knowl13 edge, skills, and abilities bearing directly upon the 

14 performance of official duties; 

15 (2) contains elements likely to induce high lev16 els of emotional response or psychological stress in 

17 some participants; 

18 (3) does not require prior employee notification 

19 of the content and methods to be used in the train20 ing and written end of course evaluation; 

21 (4) contains any methods or content associated 

22 with religious or quasi-religious belief systems or 

23 ‘‘new age’’ belief systems as defined in Equal Em24 ployment Opportunity Commission Notice N–

25 915.022, dated September 2, 1988; or 
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1 (5) is offensive to, or designed to change, par2 ticipants’ personal values or lifestyle outside the 

3 workplace. 

4 (b) Nothing in this section shall prohibit, restrict, or 

5 otherwise preclude an agency from conducting training 

6 bearing directly upon the performance of official duties. 

7 SEC. 620. No funds appropriated in this or any 

8 other Act may be used to implement or enforce the agree9 ments in Standard Forms 312 and 4414 of the Govern10 ment or any other nondisclosure policy, form, or agree11 ment if such policy, form, or agreement does not contain 

12 the following provisions: ‘‘These restrictions are con13 sistent with and do not supersede, conflict with, or other14 wise alter the employee obligations, rights, or liabilities 

15 created by Executive Order No. 12958; section 7211 of 

16 title 5, United States Code (governing disclosures to Con17 gress); section 1034 of title 10, United States Code, as 

18 amended by the Military Whistleblower Protection Act 

19 (governing disclosure to Congress by members of the 

20 military); section 2302(b)(8) of title 5, United States 

21 Code, as amended by the Whistleblower Protection Act 

22 (governing disclosures of illegality, waste, fraud, abuse or 

23 public health or safety threats); the Intelligence Identities 

24 Protection Act of 1982 (50 U.S.C. 421 et seq.) (gov25 erning disclosures that could expose confidential Govern-
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1 ment agents); and the statutes which protect against dis2 closure that may compromise the national security, in3 cluding sections 641, 793, 794, 798, and 952 of title 18, 

4 United States Code, and section 4(b) of the Subversive 

5 Activities Act of 1950 (50 U.S.C. 783(b)). The defini6 tions, requirements, obligations, rights, sanctions, and li7 abilities created by said Executive order and listed stat8 utes are incorporated into this agreement and are con9 trolling.’’: Provided, That notwithstanding the preceding 

10 paragraph, a nondisclosure policy form or agreement that 

11 is to be executed by a person connected with the conduct 

12 of an intelligence or intelligence-related activity, other 

13 than an employee or officer of the United States Govern14 ment, may contain provisions appropriate to the par15 ticular activity for which such document is to be used. 

16 Such form or agreement shall, at a minimum, require 

17 that the person will not disclose any classified informa18 tion received in the course of such activity unless specifi19 cally authorized to do so by the United States Govern20 ment. Such nondisclosure forms shall also make it clear 

21 that they do not bar disclosures to Congress or to an au22 thorized official of an executive agency or the Depart23 ment of Justice that are essential to reporting a substan24 tial violation of law. 
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1 SEC. 621. No part of any funds appropriated in this 

2 or any other Act shall be used by an agency of the execu3 tive branch, other than for normal and recognized execu4 tive-legislative relationships, for publicity or propaganda 

5 purposes, and for the preparation, distribution or use of 

6 any kit, pamphlet, booklet, publication, radio, television 

7 or film presentation designed to support or defeat legisla8 tion pending before the Congress, except in presentation 

9 to the Congress itself. 

10 SEC. 622. None of the funds appropriated by this or 

11 any other Act may be used by an agency to provide a 

12 Federal employee’s home address to any labor organiza13 tion except when the employee has authorized such dis14 closure or when such disclosure has been ordered by a 

15 court of competent jurisdiction. 

16 SEC. 623. None of the funds made available in this 

17 Act or any other Act may be used to provide any non18 public information such as mailing or telephone lists to 

19 any person or any organization outside of the Federal 

20 Government without the approval of the Committees on 

21 Appropriations. 

22 SEC. 624. No part of any appropriation contained in 

23 this or any other Act shall be used for publicity or propa24 ganda purposes within the United States not heretofore 

25 authorized by the Congress. 
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1 SEC. 625. (a) In this section the term ‘‘agency’’—

2 (1) means an Executive agency as defined 

3 under section 105 of title 5, United States Code; 

4 (2) includes a military department as defined 

5 under section 102 of such title, the Postal Service, 

6 and the Postal Rate Commission; and 

7 (3) shall not include the General Accounting 

8 Office. 

9 (b) Unless authorized in accordance with law or reg10 ulations to use such time for other purposes, an employee 

11 of an agency shall use official time in an honest effort 

12 to perform official duties. An employee not under a leave 

13 system, including a Presidential appointee exempted 

14 under section 6301(2) of title 5, United States Code, has 

15 an obligation to expend an honest effort and a reasonable 

16 proportion of such employee’s time in the performance of 

17 official duties. 

18 SEC. 626. Notwithstanding 31 U.S.C. 1346 and sec19 tion 610 of this Act, funds made available for the current 

20 fiscal year by this or any other Act to any department 

21 or agency, which is a member of the Joint Financial 

22 Management Improvement Program (JFMIP), shall be 

23 available to finance an appropriate share of JFMIP ad24 ministrative costs, as determined by the JFMIP, but not 
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1 to exceed a total of $800,000 including the salary of the 

2 Executive Director and staff support. 

3 SEC. 627. Notwithstanding 31 U.S.C. 1346 and sec4 tion 610 of this Act, the head of each Executive depart5 ment and agency is hereby authorized to transfer to or 

6 reimburse ‘‘General Services Administration, government7 wide policy’’ with the approval of the Director of the Of8 fice of Management and Budget, funds made available 

9 for the current fiscal year by this or any other Act, in10 cluding rebates from charge card and other contracts: 

11 Provided, That these funds shall be administered by the 

12 Administrator of General Services to support Govern13 ment-wide financial, information technology, procure14 ment, and other management innovations, initiatives, and 

15 activities, as approved by the Director of the Office of 

16 Management and Budget, in consultation with the appro17 priate interagency groups designated by the Director (in18 cluding the Chief Financial Officers Council and the 

19 Joint Financial Management Improvement Program for 

20 financial management initiatives, the Chief Information 

21 Officers Council for information technology initiatives, 

22 and the Federal Acquisition Council for procurement ini23 tiatives): Provided further, That the total funds trans24 ferred or reimbursed shall not exceed $17,000,000: Pro25 vided further, That such transfers or reimbursements 
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1 may only be made 15 days following notification of the 

2 Committees on Appropriations by the Director of the Of3 fice of Management and Budget. 

4 SEC. 628. None of the funds made available in this 

5 or any other Act may be used by the Office of Personnel 

6 Management or any other department or agency of the 

7 Federal Government to prohibit any agency from using 

8 appropriated funds as they see fit to independently con9 tract with private companies to provide online employ10 ment applications and processing services. 

11 SEC. 629. Notwithstanding any other provision of 

12 law, a woman may breastfeed her child at any location 

13 in a Federal building or on Federal property, if the 

14 woman and her child are otherwise authorized to be 

15 present at the location. 

16 SEC. 630. Notwithstanding section 1346 of title 31, 

17 United States Code, or section 610 of this Act, funds 

18 made available for the current fiscal year by this or any 

19 other Act shall be available for the interagency funding 

20 of specific projects, workshops, studies, and similar ef21 forts to carry out the purposes of the National Science 

22 and Technology Council (authorized by Executive Order 

23 No. 12881), which benefit multiple Federal departments, 

24 agencies, or entities: Provided, That the Office of Man25 agement and Budget shall provide a report describing the 
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1 budget of and resources connected with the National 

2 Science and Technology Council to the Committees on 

3 Appropriations, the House Committee on Science; and 

4 the Senate Committee on Commerce, Science, and Trans5 portation 90 days after enactment of this Act. 

6 SEC. 631. Any request for proposals, solicitation, 

7 grant application, form, notification, press release, or 

8 other publications involving the distribution of Federal 

9 funds shall indicate the agency providing the funds, the 

10 Catalog of Federal Domestic Assistance Number, as ap11 plicable, and the amount provided: Provided, That this 

12 provision shall apply to direct payments, formula funds, 

13 and grants received by a State receiving Federal funds. 

14 SEC. 632. Subsection (f) of section 403 of Public 

15 Law 103–356 (31 U.S.C. 501 note), as amended, is fur16 ther amended by striking ‘‘October 1, 2004’’ and insert17 ing ‘‘October 1, 2005’’. 

18 SEC. 633. (a) PROHIBITION OF FEDERAL AGENCY

19 MONITORING OF INDIVIDUALS’ INTERNET USE.—None 

20 of the funds made available in this or any other Act may 

21 be used by any Federal agency—

22 (1) to collect, review, or create any aggregation 

23 of data, derived from any means, that includes any 

24 personally identifiable information relating to an in-
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1 dividual’s access to or use of any Federal Govern2 ment Internet site of the agency; or 

3 (2) to enter into any agreement with a third 

4 party (including another government agency) to col5 lect, review, or obtain any aggregation of data, de6 rived from any means, that includes any personally 

7 identifiable information relating to an individual’s 

8 access to or use of any nongovernmental Internet 

9 site. 

10 (b) EXCEPTIONS.—The limitations established in 

11 subsection (a) shall not apply to—

12 (1) any record of aggregate data that does not 

13 identify particular persons; 

14 (2) any voluntary submission of personally iden15 tifiable information; 

16 (3) any action taken for law enforcement, regu17 latory, or supervisory purposes, in accordance with 

18 applicable law; or 

19 (4) any action described in subsection (a)(1) 

20 that is a system security action taken by the oper21 ator of an Internet site and is necessarily incident 

22 to the rendition of the Internet site services or to the 

23 protection of the rights or property of the provider 

24 of the Internet site. 

25 (c) DEFINITIONS.—For the purposes of this section: 
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1 (1) The term ‘‘regulatory’’ means agency ac2 tions to implement, interpret or enforce authorities 

3 provided in law. 

4 (2) The term ‘‘supervisory’’ means examina5 tions of the agency’s supervised institutions, includ6 ing assessing safety and soundness, overall financial 

7 condition, management practices and policies and 

8 compliance with applicable standards as provided in 

9 law. 

10 SEC. 634. (a) None of the funds appropriated by 

11 this Act may be used to enter into or renew a contract 

12 which includes a provision providing prescription drug 

13 coverage, except where the contract also includes a provi14 sion for contraceptive coverage. 

15 (b) Nothing in this section shall apply to a contract 

16 with—

17 (1) any of the following religious plans: 

18 (A) Personal Care’s HMO; and 

19 (B) OSF Health Plans, Inc.; and 

20 (2) any existing or future plan, if the carrier 

21 for the plan objects to such coverage on the basis of 

22 religious beliefs. 

23 (c) In implementing this section, any plan that en24 ters into or renews a contract under this section may not 

25 subject any individual to discrimination on the basis that 
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1 the individual refuses to prescribe or otherwise provide 

2 for contraceptives because such activities would be con3 trary to the individual’s religious beliefs or moral convic4 tions. 

5 (d) Nothing in this section shall be construed to re6 quire coverage of abortion or abortion-related services. 

7 SEC. 635. The Congress of the United States recog8 nizes the United States Anti-Doping Agency (USADA) as 

9 the official anti-doping agency for Olympic, Pan Amer10 ican, and Paralympic sport in the United States. 

11 SEC. 636. None of the funds made available under 

12 this or any other Act for fiscal year 2005 shall be ex13 pended for the purchase of a product or service offered 

14 by Federal Prison Industries, Inc. unless the agency 

15 making such purchase determines that such offered prod16 uct or service provides the best value to the buying agen17 cy pursuant to governmentwide procurement regulations, 

18 issued pursuant to section 25(c)(1) of the Office of Fed19 eral Procurement Act (41 U.S.C. 421(c)(1)) that impose 

20 procedures, standards, and limitations of section 2410n 

21 of title 10, United States Code. 

22 SEC. 637. Each Executive department and agency 

23 shall evaluate the creditworthiness of an individual before 

24 issuing the individual a government purchase charge card 

25 or government travel charge card. The department or 
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1 agency may not issue a government purchase charge card 

2 or government travel charge card to an individual that ei3 ther lacks a credit history or is found to have an unsatis4 factory credit history as a result of this evaluation: Pro5 vided, That this restriction shall not preclude issuance of 

6 a restricted-use charge, debit, or stored value card made 

7 in accordance with agency procedures to (a) an individual 

8 with an unsatisfactory credit history where such card is 

9 used to pay travel expenses and the agency determines 

10 there is no suitable alternative payment mechanism avail11 able before issuing the card, or (b) an individual who 

12 lacks a credit history. Each Executive department and 

13 agency shall establish guidelines and procedures for dis14 ciplinary actions to be taken against agency personnel for 

15 improper, fraudulent, or abusive use of government 

16 charge cards, which shall include appropriate disciplinary 

17 actions for use of charge cards for purposes, and at es18 tablishments, that are inconsistent with the official busi19 ness of the Department or agency or with applicable 

20 standards of conduct. 

21 SEC. 638. Notwithstanding any other provision of 

22 law, funds appropriated for official travel by Federal de23 partments and agencies may be used by such depart24 ments and agencies, if consistent with Office of Manage25 ment and Budget Circular A–126 regarding official travel 
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1 for Government personnel, to participate in the fractional 

2 aircraft ownership pilot program. 

3 SEC. 639. None of the funds provided in this Act 

4 shall be used to implement or enforce regulations for lo5 cality pay areas in fiscal year 2005 that are inconsistent 

6 with the recommendations of the Federal Salary Council 

7 adopted on October 7, 2003. 

8 SEC. 640. (a) Not later than 180 days after the en9 actment of this Act, the head of each Federal agency 

10 shall submit a report to Congress on the amount of the 

11 acquisitions made by the agency from entities that manu12 facture the articles, materials, or supplies outside of the 

13 United States in that fiscal year. 

14 (b) The report required by subsection (a) shall sepa15 rately indicate—

16 (1) the dollar value of any articles, materials, or 

17 supplies purchased that were manufactured outside 

18 of the United States; 

19 (2) an itemized list of all waivers granted with 

20 respect to such articles, materials, or supplies under 

21 the Buy American Act (41 U.S.C. 10a et seq.); and 

22 (3) a summary of the total procurement funds 

23 spent on goods manufactured in the United States 

24 versus funds spent on goods manufactured outside 

25 of the United States. 
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1 (c) The head of each Federal agency submitting a 

2 report under subsection (a) shall make the report publicly 

3 available to the maximum extent practicable. 

4 SEC. 641. Notwithstanding any other provision of 

5 law, none of the funds appropriated or made available 

6 under this Act or any other appropriations Act may be 

7 used to implement or enforce restrictions or limitations 

8 on the Coast Guard Congressional Fellowship Program, 

9 or to implement the proposed regulations of the Office of 

10 Personnel Management to add sections 300.311 through 

11 300.316 to part 300 of title 5 of the Code of Federal 

12 Regulations, published in the Federal Register, volume 

13 68, number 174, on September 9, 2003 (relating to the 

14 detail of executive branch employees to the legislative 

15 branch).

16 SEC. 642. Subsection (e) of section 3716 of title 31, 

17 United States Code, is amended to read as follows: 

18 ‘‘(e)(1) Notwithstanding any other provision of law 

19 (including 42 U.S.C. 407 and 1383(d)(1), 30 U.S.C. 

20 923(b), and 45 U.S.C. 231(m), regulation, or administra21 tive limitation, no limitation shall terminate the period 

22 within which an offset may be initiated or taken pursuant 

23 to this section. 
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1 ‘‘(2) This section does not apply when a statute ex2 plicitly prohibits using administrative offset or setoff to 

3 collect the claim or type of claim involved.’’. 

4 SEC. 643. Section 453(j) of the Social Security Act 

5 (42 U.S.C. 653(j)), is amended by adding at the end the 

6 following new paragraph: 

7 ‘‘(7) INFORMATION COMPARISONS AND DISCLO8 SURE TO ASSIST IN FEDERAL DEBT COLLECTION.—

9 ‘‘(A) FURNISHING OF INFORMATION BY

10 THE SECRETARY OF THE TREASURY.—The Sec11 retary of the Treasury shall furnish to the Sec12 retary, on such periodic basis as determined by 

13 the Secretary of the Treasury in consultation 

14 with the Secretary, information in the custody 

15 of the Secretary of the Treasury for comparison 

16 with information in the National Directory of 

17 New Hires, in order to obtain information in 

18 such Directory with respect to persons—

19 ‘‘(i) who owe delinquent nontax debt 

20 to the United States; and 

21 ‘‘(ii) whose debt has been referred to 

22 the Secretary of the Treasury in accord23 ance with 31 U.S.C. 3711(g). 

24 ‘‘(B) REQUIREMENT TO SEEK MINIMUM

25 INFORMATION.—The Secretary of the Treasury 
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1 shall seek information pursuant to this section 

2 only to the extent necessary to improve collec3 tion of the debt described in subparagraph (A). 

4 ‘‘(C) DUTIES OF THE SECRETARY.—

5 ‘‘(i) INFORMATION DISCLOSURE.—The 

6 Secretary, in cooperation with the Sec7 retary of the Treasury, shall compare in8 formation in the National Directory of 

9 New Hires with information provided by 

10 the Secretary of the Treasury with respect 

11 to persons described in subparagraph (A) 

12 and shall disclose information in such Di13 rectory regarding such persons to the Sec14 retary of the Treasury in accordance with 

15 this paragraph, for the purposes specified 

16 in this paragraph. Such comparison of in17 formation shall not be considered a match18 ing program as defined in 5 U.S.C. 552a. 

19 ‘‘(ii) CONDITION ON DISCLOSURE.—

20 The Secretary shall make disclosures in ac21 cordance with clause (i) only to the extent 

22 that the Secretary determines that such 

23 disclosures do not interfere with the effec24 tive operation of the program under this 

25 part. Support collection under section 
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1 466(b) of this title shall be given priority 

2 over collection of any delinquent federal 

3 nontax debt against the same income. 

4 ‘‘(D) USE OF INFORMATION BY THE SEC5 RETARY OF THE TREASURY.—The Secretary of 

6 the Treasury may use information provided 

7 under this paragraph only for purposes of col8 lecting the debt described in subparagraph (A). 

9 ‘‘(E) DISCLOSURE OF INFORMATION BY

10 THE SECRETARY OF THE TREASURY.—

11 ‘‘(i) PURPOSE OF DISCLOSURE.—The 

12 Secretary of the Treasury may make a dis13 closure under this subparagraph only for 

14 purposes of collecting the debt described in 

15 subparagraph (A). 

16 ‘‘(ii) DISCLOSURES PERMITTED.—

17 Subject to clauses (iii) and (iv), the Sec18 retary of the Treasury may disclose infor19 mation resulting from a data match pursu20 ant to this paragraph only to the Attorney 

21 General in connection with collecting the 

22 debt described in subparagraph (A). 

23 ‘‘(iii) CONDITIONS ON DISCLOSURE.—

24 Disclosures under this subparagraph shall 

25 be—
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1 ‘‘(I) made in accordance with 

2 data security and control policies es3 tablished by the Secretary of the 

4 Treasury and approved by the Sec5 retary; 

6 ‘‘(II) subject to audit in a man7 ner satisfactory to the Secretary; and 

8 ‘‘(III) subject to the sanctions 

9 under subsection (l)(2). 

10 ‘‘(iv) ADDITIONAL DISCLOSURES.—

11 ‘‘(I) DETERMINATION BY SECRE12 TARIES.—The Secretary of the Treas13 ury and the Secretary shall determine 

14 whether to permit disclosure of infor15 mation under this paragraph to per16 sons or entities described in subclause 

17 (II), based on an evaluation made by 

18 the Secretary of the Treasury (in con19 sultation with and approved by the 

20 Secretary), of the costs and benefits 

21 of such disclosures and the adequacy 

22 of measures used to safeguard the se23 curity and confidentiality of informa24 tion so disclosed. 
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1 ‘‘(II) PERMITTED PERSONS OR

2 ENTITIES.—If the Secretary of the 

3 Treasury and the Secretary determine 

4 pursuant to subclause (I) that disclo5 sures to additional persons or entities 

6 shall be permitted, information under 

7 this paragraph may be disclosed by 

8 the Secretary of the Treasury, in con9 nection with collecting the debt de10 scribed in subparagraph (A), to a con11 tractor or agent of either Secretary 

12 and to the Federal agency that re13 ferred such debt to the Secretary of 

14 the Treasury for collection, subject to 

15 the conditions in clause (iii) and such 

16 additional conditions as agreed to by 

17 the Secretaries. 

18 ‘‘(v) RESTRICTIONS ON REDISCLO19 SURE.—A person or entity to which infor20 mation is disclosed under this subpara21 graph may use or disclose such informa22 tion only as needed for collecting the debt 

23 described in subparagraph (A), subject to 

24 the conditions in clause (iii) and such addi-
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1 tional conditions as agreed to by the Secre2 taries. 

3 ‘‘(F) REIMBURSEMENT OF HHS COSTS.—

4 The Secretary of the Treasury shall reimburse 

5 the Secretary, in accordance with subsection 

6 (k)(3), for the costs incurred by the Secretary 

7 in furnishing the information requested under 

8 this paragraph. Any such costs paid by the Sec9 retary of the Treasury shall be considered costs 

10 of implementing 31 U.S.C. 3711(g) in accord11 ance with 31 U.S.C. 3711(g)(6) and may be 

12 paid from the account established pursuant to 

13 31 U.S.C. 3711(g)(7).’’. 

14 SEC. 644. (a) IN GENERAL.—Section 6402 of the In15 ternal Revenue Code of 1986, is amended by redesignating 

16 subsections (f) through (k) as subsections (g) through (l), 

17 respectively, and by inserting after subsection (e) the fol18 lowing new subsection: 

19 ‘‘(f) COLLECTION OF PAST-DUE, LEGALLY EN20 FORCEABLE STATE UNEMPLOYMENT COMPENSATION

21 DEBTS.—

22 ‘‘(1) IN GENERAL.—Upon receiving notice from 

23 any State that a person owes a past-due, legally en24 forceable State unemployment compensation debt to 
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1 such State, the Secretary shall, under such condi2 tions as may be prescribed by the Secretary—

3 ‘‘(A) reduce the amount of any overpay4 ment payable to such person by the amount of 

5 such unemployment compensation debt; 

6 ‘‘(B) pay the amount by which such over7 payment is reduced under subparagraph (A) to 

8 such State and notify such State of such per9 son’s name, taxpayer identification number, ad10 dress, and the amount collected; and 

11 ‘‘(C) notify the person making such over12 payment that the overpayment has been re13 duced by an amount necessary to satisfy a past14 due, legally enforceable State unemployment 

15 compensation debt. If an offset is made pursu16 ant to a joint return, the notice under subpara17 graph (B) shall include the names, taxpayer 

18 identification numbers, and addresses of each 

19 person filing such return. 

20 ‘‘(2) PRIORITIES FOR OFFSET.—Any overpay21 ment by a person shall be reduced pursuant to this 

22 subsection—

23 ‘‘(A) after such overpayment is reduced 

24 pursuant to—
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1 ‘‘(i) subsection (a) with respect to any 

2 liability for any internal revenue tax on the 

3 part of the person who made the overpay4 ment; 

5 ‘‘(ii) subsection (c) with respect to 

6 past-due support; 

7 ‘‘(iii) subsection (d) with respect to 

8 any past-due, legally enforceable debt owed 

9 to a Federal agency; and 

10 ‘‘(B) before such overpayment is credited 

11 to the future liability for any Federal internal 

12 revenue tax of such person pursuant to sub13 section (b). If the Secretary receives notice from 

14 a State or States of more than one debt subject 

15 to paragraph (1) and/or subsection (e) that is 

16 owed by a person to such State or States, any 

17 overpayment by such person shall be applied 

18 against such debts in the order in which such 

19 debts accrued. 

20 ‘‘(3) NOTICE; CONSIDERATION OF EVIDENCE.—

21 No State may take action under this subsection until 

22 such State—

23 ‘‘(A) notifies the person owing the past-due 

24 legally enforceable State unemployment com-
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1 pensation debt that the State proposes to take 

2 action pursuant to this section; 

3 ‘‘(B) gives such person at least 60 days to 

4 present evidence that all or part of such liability 

5 is not past-due or not legally enforceable; 

6 ‘‘(C) considers any evidence presented by 

7 such person and determines that an amount of 

8 such debt is past-due and legally enforceable; 

9 and 

10 ‘‘(D) satisfies such other conditions as the 

11 Secretary may prescribe to ensure that the de12 termination made under subparagraph (C) is 

13 valid and that the State has made reasonable 

14 efforts to obtain payment of such unemploy15 ment compensation debt. 

16 ‘‘(4) PAST-DUE, LEGALLY ENFORCEABLE STATE

17 UNEMPLOYMENT COMPENSATION DEBT.—For pur18 poses of this subsection, the term ‘past-due, legally 

19 enforceable State unemployment compensation debt’ 

20 means overpayments of unemployment compensation 

21 assessed under the law of a State certified by the 

22 Secretary of Labor pursuant to section 3304 of the 

23 Internal Revenue Code, which have become final 

24 under State law and remain uncollected. 
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1 ‘‘(5) REGULATIONS.—The Secretary shall issue 

2 regulations prescribing the time and manner in 

3 which States must submit notices of past-due, legally 

4 enforceable State unemployment compensation debt 

5 and the necessary information that must be con6 tained in or accompany such notices. The regula7 tions shall specify the minimum amount of debt to 

8 which the reduction procedure established by para9 graph (1) may be applied. The regulations may re10 quire States to pay a fee to the Secretary, which 

11 may be deducted from amounts collected, to reim12 burse the Secretary for the cost of applying such 

13 procedure. Any fee paid to the Secretary pursuant to 

14 the preceding sentence shall be used to reimburse 

15 appropriations which bore all or part of the cost of 

16 applying such procedure. The regulations may in17 clude a requirement that States submit notices of 

18 past-due, legally enforceable State unemployment 

19 compensation debt to the Secretary via the Secretary 

20 of Labor in accordance with procedures established 

21 by the Secretary of Labor. Such procedures may re22 quire States to pay a fee to the Secretary of Labor 

23 to reimburse the Secretary of Labor for the costs of 

24 applying this subsection. Any such fee shall be es25 tablished in consultation with the Secretary of the 
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1 Treasury. Any fee paid to the Secretary of Labor 

2 may be deducted from amounts collected and shall 

3 be used to reimburse the appropriation account 

4 which bore all or part of the cost of applying this 

5 subsection. 

6 ‘‘(6) ERRONEOUS PAYMENT TO STATE.—Any 

7 State receiving notice from the Secretary that an er8 roneous payment has been made to such State under 

9 paragraph (1) shall pay promptly to the Secretary, 

10 in accordance with such regulations as the Secretary 

11 may prescribe, an amount equal to the amount of 

12 such erroneous payment (without regard to whether 

13 any other amounts payable to such State under such 

14 paragraph have been paid to such State).’’. 

15 (b) Disclosure of certain information to States re16 questing refund offsets for past-due legally enforceable 

17 State unemployment compensation debt. 

18 (1) Paragraph (10) of section 6103(l) is amend19 ed by striking ‘‘(c), (d), or (e)’’ each place it appears 

20 and inserting ‘‘(c), (d), (e) or (f)’’. 

21 (2) Paragraph (10)(A) of section 6103(l) is 

22 amended by inserting ‘‘and to officers and employees 

23 of the Department of Labor in connection with a re24 duction under subsection (f) of section 6402’’ after 

25 the words ‘‘section 6402’’. 
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1 (3) The heading of paragraph (10) is amended 

2 by striking ‘‘subsection (c), (d), or (e) of section 

3 6402’’ and inserting ‘‘subsection (c), (d), (e) or (f) 

4 of section 6402’’. 

5 (c) CONFORMING AMENDMENTS.—

6 (1) Subsection (a) of section 6402 is amended 

7 by striking ‘‘(c), (d), and (e),’’ and inserting ‘‘(c), 

8 (d), (e) and (f),’’. 

9 (2) Paragraph (2) of section 6402(d) is amend10 ed by striking ‘‘and before such overpayment is re11 duced pursuant to subsection (e)’’ and inserting 

12 ‘‘and before such overpayment is reduced pursuant 

13 to subsections (e) and (f)’’. 

14 (3) Subsection (g) of section 6402, as redesig15 nated by subsection (a), is amended by striking ‘‘(c), 

16 (d) or (e)’’ and inserting ‘‘(c), (d), (e) or (f)’’. 

17 (4) Subsection (i) of section 6402, as redesig18 nated by subsection (a), is amended by striking 

19 ‘‘subsection (c) or (e)’’ and inserting ‘‘subsection (c), 

20 (e) or (f)’’. 

21 (d) EFFECTIVE DATE.—The amendments made by 

22 this section shall be effective as to refunds payable under 

23 section 6402 of the Internal Revenue Code on or after the 

24 date of enactment. 
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1 SEC. 645. (a) The adjustment in rates of basic pay 

2 for employees under the statutory pay systems that takes 

3 effect in fiscal year 2005 under sections 5303 and 5304 

4 of title 5, United States Code, shall be an increase of 3.5 

5 percent, and this adjustment shall apply to civilian em6 ployees in the Department of Defense and the Department 

7 of Homeland Security and such adjustments shall be effec8 tive as of the first day of the first applicable pay period 

9 beginning on or after January 1, 2005. 

10 (b) Notwithstanding section 613 of this Act, the ad11 justment in rates of basic pay for the statutory pay sys12 tems that take place in fiscal year 2005 under sections 

13 5344 and 5348 of title 5, United States Code, shall be 

14 no less than the percentage in paragraph (a) as employees 

15 in the same location whose rates of basic pay are adjusted 

16 pursuant to the statutory pay systems under section 5303 

17 and 5304 of title 5, United States Code. Prevailing rate 

18 employees at locations where there are no employees whose 

19 pay is increased pursuant to section 5303 and 5304 of 

20 title 5 and prevailing rate employees described in section 

21 5343(a)(5) of title 5 shall be considered to be located in 

22 the pay locality designated as ‘‘Rest of US’’ pursuant to 

23 section 5304 of title 5 for purposes of this paragraph. 

24 (c) Funds used to carry out this section shall be paid 

25 from appropriations, which are made to each applicable 
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1 department or agency for salaries and expenses for fiscal 

2 year 2005. 

3 SEC. 646. (a) LIMITATION ON CONVERSION TO CON4 TRACTOR PERFORMANCE.—None of the funds appro5 priated by this Act or any other Act shall be available to 

6 convert to contractor performance an activity or function 

7 of an executive agency, that on or after the date of enact8 ment of this Act, is performed by more than 10 Federal 

9 employees unless—

10 (1) the conversion is based on the result of a 

11 public-private competition plan that includes a most 

12 efficient and cost effective organization plan devel13 oped by such activity or function, in accordance with 

14 Office of Management and Budget Circular A–76, as 

15 implemented on May 29, 2003; and 

16 (2) the Competitive Sourcing Official deter17 mines whether over all performance periods stated in 

18 the solicitation of offers for performance of the ac19 tivity or function, the cost of performance of the ac20 tivity or function by a contractor would be less costly 

21 to the executive agency by an amount that equals or 

22 exceeds the lesser of—

23 (A) 10 percent of the most efficient organi24 zation’s personnel-related costs for performance 
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1 of that activity or function by Federal employ2 ees; or 

3 (B) $10,000,000. 

4 This Act may be cited as the ‘‘Transportation, Treas5 ury, and Independent Agencies Appropriations Act, 

6 2005’’. 

Union Calendar No. 411 

108TH CONGRESS 

2D SESSION H.R. 5025 

[Report No. 108–671] 

A BILL 

Making appropriations for the Departments of 

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

SEPTEMBER 8, 2004 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed.