H. R. 2673—337
exceed $14,427,000 for administrative expenses to audit, inves-
tigate, and provide other oversight of the Office of Personnel
Management’s retirement and insurance programs, to be trans-
ferred from the appropriate trust funds of the Office of Personnel
Management, as determined by the Inspector General: Provided,
That the Inspector General is authorized to rent conference rooms
in the District of Columbia and elsewhere.
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES HEALTH
BENEFITS
For payment of Government contributions with respect to
retired employees, as authorized by chapter 89 of title 5, United
States Code, and the Retired Federal Employees Health Benefits
Act (74 Stat. 849), as amended, such sums as may be necessary.
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE LIFE
INSURANCE
For payment of Government contributions with respect to
employees retiring after December 31, 1989, as required by chapter
87 of title 5, United States Code, such sums as may be necessary.
PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND
For financing the unfunded liability of new and increased
annuity benefits becoming effective on or after October 20, 1969,
as authorized by 5 U.S.C. 8348, and annuities under special Acts
to be credited to the Civil Service Retirement and Disability Fund,
such sums as may be necessary: Provided, That annuities author-
ized by the Act of May 29, 1944, as amended, and the Act of
August 19, 1950, as amended (33 U.S.C. 771–775), may hereafter
be paid out of the Civil Service Retirement and Disability Fund.
HUMAN CAPITAL PERFORMANCE FUND
(INCLUDING TRANSFER OF FUNDS)
For a human capital performance fund, $1,000,000: Provided,
That such amount shall not be available for obligation or transfer
until enactment of legislation that establishes a human capital
performance fund within the Office of Personnel Management: Pro-
vided further, That such amounts as determined by the Director
of the Office of Personnel Management may be transferred to Fed-
eral agencies to carry out the purposes of this fund as authorized:
Provided further, That no funds shall be available for obligation
or transfer to any Federal agency until the Director has notified
the relevant subcommittees of jurisdiction of the Committees on
Appropriations of the approval of a performance pay plan for that
agency, and the prior approval of such subcommittees has been
attained.
OFFICE OF SPECIAL COUNSEL
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the Office
of Special Counsel pursuant to Reorganization Plan Numbered 2
of 1978, the Civil Service Reform Act of 1978 (Public Law 95–
454), as amended, the Whistleblower Protection Act of 1989 (Public
H. R. 2673—338
Law 101–12), as amended, Public Law 103–424, and the Uniformed
Services Employment and Reemployment Act of 1994 (Public Law
103–353), including services as authorized by 5 U.S.C. 3109, pay-
ment of fees and expenses for witnesses, rental of conference rooms
in the District of Columbia and elsewhere, and hire of passenger
motor vehicles; $13,504,000.
UNITED STATES POSTAL SERVICE
PAYMENT TO THE POSTAL SERVICE FUND
For payment to the Postal Service Fund for revenue forgone
on free and reduced rate mail, pursuant to subsections (c) and
(d) of section 2401 of title 39, United States Code, $65,521,000,
of which $36,521,000 shall not be available for obligation until
October 1, 2004: Provided, That mail for overseas voting and mail
for the blind shall continue to be free: Provided further, That
6-day delivery and rural delivery of mail shall continue at not
less than the 1983 level: Provided further, That none of the funds
made available to the Postal Service by this Act shall be used
to implement any rule, regulation, or policy of charging any officer
or employee of any State or local child support enforcement agency,
or any individual participating in a State or local program of child
support enforcement, a fee for information requested or provided
concerning an address of a postal customer: Provided further, That
none of the funds provided in this Act shall be used to consolidate
or close small rural and other small post offices in fiscal year
2004.
UNITED STATES TAX COURT
SALARIES AND EXPENSES
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $40,187,000: Provided,
That travel expenses of the judges shall be paid upon the written
certificate of the judge.
WHITE HOUSE COMMISSION ON THE NATIONAL MOMENT OF
REMEMBRANCE
For necessary expenses of the White House Commission on
the National Moment of Remembrance, $250,000.
TITLE V—GENERAL PROVISIONS
THIS ACT
(INCLUDING TRANSFERS OF FUNDS)
SEC. 501. During the current fiscal year applicable appropria-
tions to the Department of Transportation shall be available for
maintenance and operation of aircraft; hire of passenger motor
vehicles and aircraft; purchase of liability insurance for motor
vehicles operating in foreign countries on official department busi-
ness; and uniforms, or allowances therefor, as authorized by law
(5 U.S.C. 5901–5902).
H. R. 2673—339
SEC. 502. Such sums as may be necessary for fiscal year 2004
pay raises for programs funded in this Act shall be absorbed within
the levels appropriated in this Act or previous appropriations Acts.
SEC. 503. Appropriations contained in this Act for the Depart-
ment of Transportation shall be available for services as authorized
by 5 U.S.C. 3109, but at rates for individuals not to exceed the
per diem rate equivalent to the rate for an Executive Level IV.
SEC. 504. None of the funds in this Act shall be available
for salaries and expenses of more than 106 political and Presidential
appointees in the Department of Transportation: Provided, That
none of the personnel covered by this provision may be assigned
on temporary detail outside the Department of Transportation.
SEC. 505. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening in
regulatory or adjudicatory proceedings funded in this Act.
SEC. 506. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year, nor
may any be transferred to other appropriations, unless expressly
so provided herein.
SEC. 507. The expenditure of any appropriation under this
Act for any consulting service through procurement contract pursu-
ant to section 3109 of title 5, United States Code, shall be limited
to those contracts where such expenditures are a matter of public
record and available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued pursuant to existing law.
SEC. 508. None of the funds in this Act shall be used to
implement section 404 of title 23, United States Code.
SEC. 509. (a) No recipient of funds made available in this
Act shall disseminate personal information (as defined in 18 U.S.C.
2725(3)) obtained by a State department of motor vehicles in connec-
tion with a motor vehicle record as defined in 18 U.S.C. 2725(1),
except as provided in 18 U.S.C. 2721 for a use permitted under
18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not with-
hold funds provided in this Act for any grantee if a State is in
noncompliance with this provision.
SEC. 510. Funds received by the Federal Highway Administra-
tion, Federal Transit Administration, and Federal Railroad
Administration from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for training
may be credited respectively to the Federal Highway Administra-
tion’s ‘‘Federal-Aid Highways’’ account, the Federal Transit
Administration’s ‘‘Transit Planning and Research’’ account, and to
the Federal Railroad Administration’s ‘‘Safety and Operations’’
account, except for State rail safety inspectors participating in
training pursuant to 49 U.S.C. 20105.
SEC. 511. Notwithstanding any other provision of law, rule
or regulation, the Secretary of Transportation is authorized to allow
the issuer of any preferred stock heretofore sold to the Department
to redeem or repurchase such stock upon the payment to the Depart-
ment of an amount determined by the Secretary.
SEC. 512. None of the funds in title I of this Act may be
used to make a grant unless the Secretary of Transportation notifies
the House and Senate Committees on Appropriations not less than
3 full business days before any discretionary grant award, letter
H. R. 2673—340
of intent, or full funding grant agreement totaling $1,000,000 or
more is announced by the department or its modal administrations
from: (1) any discretionary grant program of the Federal Highway
Administration other than the emergency relief program; (2) the
airport improvement program of the Federal Aviation Administra-
tion; or (3) any program of the Federal Transit Administration
other than the formula grants and fixed guideway modernization
programs: Provided, That no notification shall involve funds that
are not available for obligation.
SEC. 513. For the purpose of any applicable law, for fiscal
year 2004, the City of Norman, Oklahoma, shall be considered
to be part of the Oklahoma City Transportation Management Area.
SEC. 514. None of the funds in title I of this Act may be
obligated for the Office of the Secretary of Transportation to approve
assessments or reimbursable agreements pertaining to funds appro-
priated to the modal administrations in this Act, except for activities
underway on the date of enactment of this Act, unless such assess-
ments or agreements have completed the normal reprogramming
process for Congressional notification.
SEC. 515. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appro-
priations Act.
SEC. 516. Rebates, refunds, incentive payments, minor fees
and other funds received by the Department of Transportation
from travel management centers, charge card programs, the sub-
leasing of building space, and miscellaneous sources are to be
credited to appropriations of the Department of Transportation
and allocated to elements of the Department of Transportation
using fair and equitable criteria and such funds shall be available
until expended.
SEC. 517. Funds provided in this Act for the Working Capital
Fund shall be reduced by $17,816,000, which limits fiscal year
2004 Working Capital Fund obligational authority for elements
of the Department of Transportation funded in this Act to no
more than $98,899,000: Provided, That such reductions from the
budget request shall be allocated by the Department of Transpor-
tation to each appropriations account in proportion to the amount
included in each account for the Working Capital Fund.
SEC. 518. Amounts made available in this or any other Act
that the Secretary determines represent improper payments by
the Department of Transportation to a third party contractor under
a financial assistance award, which are recovered pursuant to law,
shall be available—
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper pay-
ments; and
(2) to pay contractors for services provided in recovering
improper payments: Provided, That amounts in excess of that
required for paragraphs (1) and (2)—
(A) shall be credited to and merged with the appropria-
tion from which the improper payments were made, and
shall be available for the purposes and period for which
such appropriations are available; or
(B) if no such appropriation remains available, shall
be deposited in the Treasury as miscellaneous receipts: