104
cellaneous receipts: Provided further, That prior
to the transfer of any such recovery to an ap-
propriations account, the Secretary shall notify
the House and Senate Committees on Appro-
priations of the amount and reasons for such
transfer: Provided further, That for purposes of
this section, the term ‘‘improper payments,’’
has the same meaning as that provided in sec-
tion 2(d)(2) of Public Law 107–300.
SEC. 618. The Secretary of Transportation is author-
ized to transfer the unexpended balances available for the
bonding assistance program from ‘‘Office of the Secretary,
Salaries and expenses’’ to ‘‘Minority Business Outreach’’.
SEC. 619. None of the funds made available by this
Act shall be available for any activity or for paying the
salary of any Government employee where funding an ac-
tivity or paying a salary to a Government employee would
result in a decision, determination, rule, regulation, or pol-
icy that would prohibit the enforcement of section 307 of
the Tariff Act of 1930.
SEC. 620. No part of any appropriation contained in
this Act shall be available to pay the salary for any person
filling a position, other than a temporary position, for-
merly held by an employee who has left to enter the Armed
Forces of the United States and has satisfactorily com-
105
pleted his period of active military or naval service, and
has within 90 days after his release from such service or
from hospitalization continuing after discharge for a pe-
riod of not more than 1 year, made application for restora-
tion to his former position and has been certified by the
Office of Personnel Management as still qualified to per-
form the duties of his former position and has not been
restored thereto.
SEC. 621. Except as otherwise specifically provided
by law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2004 from
appropriations made available for salaries and expenses
for fiscal year 2004 in this Act, shall remain available
through September 30, 2005, for each such account for
the purposes authorized: Provided, That a request shall
be submitted to the Committees on Appropriations for ap-
proval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance
with reprogramming guidelines.
SEC. 622. None of the funds made available in this
Act may be used by the Executive Office of the President
to request from the Federal Bureau of Investigation any
official background investigation report on any individual,
except when—
106
(1) such individual has given his or her express
written consent for such request not more than 6
months prior to the date of such request and during
the same presidential administration; or
(2) such request is required due to extraor-
dinary circumstances involving national security.
SEC. 623. For the purpose of resolving litigation and
implementing any settlement agreements regarding the
nonforeign area cost-of-living allowance program, the Of-
fice of Personnel Management may accept and utilize
(without regard to any restriction on unanticipated travel
expenses imposed in an Appropriations Act) funds made
available to the Office pursuant to court approval.
SEC. 624. No funds appropriated or otherwise made
available under this Act shall be made available to any
person or entity that has been convicted of violating the
Buy American Act (41 U.S.C. 10a–10c).
SEC. 625. No funds appropriated by this Act shall
be available to pay for an abortion, or the administrative
expenses in connection with any health plan under the
Federal employees health benefits program which provides
any benefits or coverage for abortions.
SEC. 626. The provision of section 625 shall not
apply where the life of the mother would be endangered
107
if the fetus were carried to term, or the pregnancy is the
result of an act of rape or incest.
SEC. 627. For the purpose of assisting State-sup-
ported intercity rail service, in order to demonstrate
whether competition will provide higher quality rail pas-
senger service at reasonable prices, the Secretary of
Transportation, working with affected States, shall de-
velop and implement a procedure for fair competitive bid-
ding by Amtrak and non-Amtrak operators for State-sup-
ported routes: Provided, That in the event a State desires
to select or selects a non-Amtrak operator for the route,
the State may make an agreement with Amtrak to use
facilities and equipment of, or have services provided by,
Amtrak under terms agreed to by the State and Amtrak
to enable the non-Amtrak operator to provide the State-
supported service: Provided further, That if the parties
cannot agree on terms, the Secretary shall, as a condition
of receipt of Federal grant funds, order that the facilities
and equipment be made available and the services be pro-
vided by Amtrak under reasonable terms and compensa-
tion: Provided further, That when prescribing reasonable
compensation to Amtrak, the Secretary shall consider
quality of service as a major factor when determining
whether, and the extent to which, the amount of com-
pensation shall be greater than the incremental costs of
108
using the facilities and providing the services: Provided
further, That the Secretary may reprogram up to
$5,000,000 from the Amtrak operating grant funds for
costs associated with the implementation of the fair bid
procedure and demonstration of competition under this
section.
SEC. 628. None of the funds provided in this Act,
provided by previous appropriations Acts to the agencies
or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2004, or provided
from any accounts in the Treasury derived by the collec-
tion of fees and available to the agencies funded by this
Act, shall be available for obligation or expenditure
through a reprogramming of funds that—
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or
activity for which funds have been denied or re-
stricted by the Congress;
(4) proposes to use funds directed for a specific
activity by either the House or Senate Committees
on Appropriations for a different purpose;
(5) augments existing programs, projects, or ac-
tivities in excess of $5,000,000 or 10 percent, which-
ever is less; or
109
(6) reduces existing programs, projects, or ac-
tivities by 10 percent,
unless the House and Senate Committees on Appropria-
tions are notified at least 15 days in advance of such re-
programming.
SEC. 629. None of the funds made available in this
Act may be used to require a State or local government
to post a traffic control device or variable message sign,
or any other type of traffic warning sign, in a language
other than English, except with respect to the names of
cities, streets, places, events, or signs related to an inter-
national border.
SEC. 630. EXEMPTION FROM LIMITATIONS ON PRO-
CUREMENT
OF FOREIGN INFORMATION TECHNOLOGY
THAT IS A COMMERCIAL ITEM.—(a) EXEMPTION.—In
order to promote Government access to commercial infor-
mation technology, the restriction on purchasing non-
domestic articles, materials, and supplies set forth in the
Buy American Act (41 U.S.C. 10a et seq.), shall not apply
to the acquisition by the Federal Government of informa-
tion technology (as defined in section 11101 of title 40,
United States Code, that is a commercial item (as defined
in section 4(12) of the Office of Federal Procurement Pol-
icy Act (41 U.S.C. 403(12)).
110
(b) DEFINITION.—Section 11101(6) of title 40,
United States Code, is amended—
(1) in subparagraph (A), by inserting after
‘‘storage,’’ the following: ‘‘analysis, evaluation,’’; and
(2) in subparagraph (B), by striking ‘‘ancillary
equipment,’’ and inserting ‘‘ancillary equipment (in-
cluding imaging peripherals, input, output, and stor-
age devices necessary for security and surveillance),
peripheral equipment designed to be controlled by
the central processing unit of a computer,’’.
SEC. 631. It is the sense of the House of Representa-
tives that empowerment zones within cities should have
the necessary flexibility to expand to include relevant com-
munities so that empowerment zone benefits are equitably
distributed.
SEC. 632. It is the sense of the House of Representa-
tives that all census tracts contained in an empowerment
zone, either fully or partially, should be equitably accorded
the same benefits.
SEC. 633. None of the funds made available in this
Act may be used to finalize, implement, administer, or
enforce—
(1) the proposed rule relating to the determina-
tion that real estate brokerage is an activity that is
financial in nature or incidental to a financial activ-
111
ity published in the Federal Register on January 3,
2001 (66 Fed. Reg. 307 et seq.); or
(2) the revision proposed in such rule to section
1501.2 of title 12 of the Code of Federal Regula-
tions.
SEC. 634. It is the sense of Congress that, after prop-
er documentation, justification, and review, the Depart-
ment of Transportation should consider programs to reim-
burse general aviation ground support services at Ronald
Reagan Washington National Airport, and airports lo-
cated within fifteen miles of Ronald Reagan Washington
National Airport, for their financial losses due to Govern-
ment actions after the terrorist attacks of September 11,
2001.
SEC. 635. It is the sense of the House of Representa-
tives that public private partnerships (PPPs) could help
eliminate some of the cost drivers behind complex, capital-
intensive highway and transit projects. The House of Rep-
resentatives encourages the Secretary of Transportation
to apply available funds to select projects that are in the
development phase, eligible under title 23 and title 49,
United States Code, except 23 U.S.C. 133(b)(8), and that
employ a PPP strategy.
112
TITLE VII—GENERAL PROVISIONS
DEPARTMENTS, AGENCIES, AND CORPORATIONS
SEC. 701. Funds appropriated in this or any other
Act may be used to pay travel to the United States for
the immediate family of employees serving abroad in cases
of death or life threatening illness of said employee.
SEC. 702. No department, agency, or instrumentality
of the United States receiving appropriated funds under
this or any other Act for fiscal year 2004 shall obligate
or expend any such funds, unless such department, agen-
cy, or instrumentality has in place, and will continue to
administer in good faith, a written policy designed to en-
sure that all of its workplaces are free from the illegal
use, possession, or distribution of controlled substances
(as defined in the Controlled Substances Act) by the offi-
cers and employees of such department, agency, or instru-
mentality.
SEC. 703. Unless otherwise specifically provided, the
maximum amount allowable during the current fiscal year
in accordance with section 16 of the Act of August 2, 1946
(60 Stat. 810), for the purchase of any passenger motor
vehicle (exclusive of buses, ambulances, law enforcement,
and undercover surveillance vehicles), is hereby fixed at
$8,100 except station wagons for which the maximum
shall be $9,100: Provided, That these limits may be ex-
113
ceeded by not to exceed $3,700 for police-type vehicles,
and by not to exceed $4,000 for special heavy-duty vehi-
cles: Provided further, That the limits set forth in this sec-
tion may not be exceeded by more than 5 percent for elec-
tric or hybrid vehicles purchased for demonstration under
the provisions of the Electric and Hybrid Vehicle Re-
search, Development, and Demonstration Act of 1976:
Provided further, That the limits set forth in this section
may be exceeded by the incremental cost of clean alter-
native fuels vehicles acquired pursuant to Public Law
101–549 over the cost of comparable conventionally fueled
vehicles.
SEC. 704. Appropriations of the executive depart-
ments and independent establishments for the current fis-
cal year available for expenses of travel, or for the ex-
penses of the activity concerned, are hereby made available
for quarters allowances and cost-of-living allowances, in
accordance with 5 U.S.C. 5922–5924.
SEC. 705. Unless otherwise specified during the cur-
rent fiscal year, no part of any appropriation contained
in this or any other Act shall be used to pay the compensa-
tion of any officer or employee of the Government of the
United States (including any agency the majority of the
stock of which is owned by the Government of the United
States) whose post of duty is in the continental United
114
States unless such person: (1) is a citizen of the United
States; (2) is a person in the service of the United States
on the date of the enactment of this Act who, being eligible
for citizenship, has filed a declaration of intention to be-
come a citizen of the United States prior to such date and
is actually residing in the United States; (3) is a person
who owes allegiance to the United States; (4) is an alien
from Cuba, Poland, South Vietnam, the countries of the
former Soviet Union, or the Baltic countries lawfully ad-
mitted to the United States for permanent residence; (5)
is a South Vietnamese, Cambodian, or Laotian refugee pa-
roled in the United States after January 1, 1975; or (6)
is a national of the People’s Republic of China who quali-
fies for adjustment of status pursuant to the Chinese Stu-
dent Protection Act of 1992: Provided, That for the pur-
pose of this section, an affidavit signed by any such person
shall be considered prima facie evidence that the require-
ments of this section with respect to his or her status have
been complied with: Provided further, That any person
making a false affidavit shall be guilty of a felony, and,
upon conviction, shall be fined no more than $4,000 or
imprisoned for not more than 1 year, or both: Provided
further, That the above penal clause shall be in addition
to, and not in substitution for, any other provisions of ex-
isting law: Provided further, That any payment made to
115
any officer or employee contrary to the provisions of this
section shall be recoverable in action by the Federal Gov-
ernment. This section shall not apply to citizens of Ire-
land, Israel, or the Republic of the Philippines, or to na-
tionals of those countries allied with the United States in
a current defense effort, or to international broadcasters
employed by the United States Information Agency, or to
temporary employment of translators, or to temporary em-
ployment in the field service (not to exceed 60 days) as
a result of emergencies.
SEC. 706. Appropriations available to any depart-
ment or agency during the current fiscal year for nec-
essary expenses, including maintenance or operating ex-
penses, shall also be available for payment to the General
Services Administration for charges for space and services
and those expenses of renovation and alteration of build-
ings and facilities which constitute public improvements
performed in accordance with the Public Buildings Act of
1959 (73 Stat. 749), the Public Buildings Amendments
of 1972 (87 Stat. 216), or other applicable law.
SEC. 707. In addition to funds provided in this or
any other Act, all Federal agencies are authorized to re-
ceive and use funds resulting from the sale of materials,
including Federal records disposed of pursuant to a
records schedule recovered through recycling or waste pre-
116
vention programs. Such funds shall be available until ex-
pended for the following purposes:
(1) Acquisition, waste reduction and prevention,
and recycling programs as described in Executive
Order No. 13101 (September 14, 1998), including
any such programs adopted prior to the effective
date of the Executive order.
(2) Other Federal agency environmental man-
agement programs, including, but not limited to, the
development and implementation of hazardous waste
management and pollution prevention programs.
(3) Other employee programs as authorized by
law or as deemed appropriate by the head of the
Federal agency.
SEC. 708. Funds made available by this or any other
Act for administrative expenses in the current fiscal year
of the corporations and agencies subject to chapter 91 of
title 31, United States Code, shall be available, in addition
to objects for which such funds are otherwise available,
for rent in the District of Columbia; services in accordance
with 5 U.S.C. 3109; and the objects specified under this
head, all the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the
Act by which they are made available: Provided, That in
the event any functions budgeted as administrative ex-
117
penses are subsequently transferred to or paid from other
funds, the limitations on administrative expenses shall be
correspondingly reduced.
SEC. 709. No part of any appropriation for the cur-
rent fiscal year contained in this or any other Act shall
be paid to any person for the filling of any position for
which he or she has been nominated after the Senate has
voted not to approve the nomination of said person.
SEC. 710. No part of any appropriation contained in
this or any other Act shall be available for interagency
financing of boards (except Federal Executive Boards),
commissions, councils, committees, or similar groups
(whether or not they are interagency entities) which do
not have a prior and specific statutory approval to receive
financial support from more than one agency or instru-
mentality.
SEC. 711. Funds made available by this or any other
Act to the Postal Service Fund (39 U.S.C. 2003) shall
be available for employment of guards for all buildings and
areas owned or occupied by the Postal Service and under
the charge and control of the Postal Service, and such
guards shall have, with respect to such property, the pow-
ers of special policemen provided by the first section of
the Act of June 1, 1948, as amended (62 Stat. 281; 40
U.S.C. 318), and, as to property owned or occupied by
118
the Postal Service, the Postmaster General may take the
same actions as the Administrator of General Services
may take under the provisions of sections 2 and 3 of the
Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C.
318a and 318b), attaching thereto penal consequences
under the authority and within the limits provided in sec-
tion 4 of the Act of June 1, 1948, as amended (62 Stat.
281; 40 U.S.C. 318c).
SEC. 712. None of the funds made available pursuant
to the provisions of this Act shall be used to implement,
administer, or enforce any regulation which has been dis-
approved pursuant to a resolution of disapproval duly
adopted in accordance with the applicable law of the
United States.
SEC. 713. (a) Notwithstanding any other provision
of law, and except as otherwise provided in this section,
no part of any of the funds appropriated for fiscal year
2004, by this or any other Act, may be used to pay any
prevailing 
rate 
employee 
described 
in 
section
5342(a)(2)(A) of title 5, United States Code—
(1) during the period from the date of expira-
tion of the limitation imposed by the comparable sec-
tion for the previous fiscal years until the normal ef-
fective date of the applicable wage survey adjust-
ment that is to take effect in fiscal year 2004, in an
119
amount that exceeds the rate payable for the appli-
cable grade and step of the applicable wage schedule
in accordance with such section; and
(2) during the period consisting of the remain-
der of fiscal year 2004, in an amount that exceeds,
as a result of a wage survey adjustment, the rate
payable under paragraph (1) by more than the sum
of—
(A) the percentage adjustment taking ef-
fect in fiscal year 2004 under section 5303 of
title 5, United States Code, in the rates of pay
under the General Schedule; and
(B) the difference between the overall aver-
age percentage of the locality-based com-
parability payments taking effect in fiscal year
2004 under section 5304 of such title (whether
by adjustment or otherwise), and the overall av-
erage percentage of such payments which was
effective in the previous fiscal year under such
section.
(b) Notwithstanding any other provision of law, no
prevailing rate employee described in subparagraph (B) or
(C) of section 5342(a)(2) of title 5, United States Code,
and no employee covered by section 5348 of such title,
may be paid during the periods for which subsection (a)
120
is in effect at a rate that exceeds the rates that would
be payable under subsection (a) were subsection (a) appli-
cable to such employee.
(c) For the purposes of this section, the rates payable
to an employee who is covered by this section and who
is paid from a schedule not in existence on September 30,
2003, shall be determined under regulations prescribed by
the Office of Personnel Management.
(d) Notwithstanding any other provision of law, rates
of premium pay for employees subject to this section may
not be changed from the rates in effect on September 30,
2003, except to the extent determined by the Office of
Personnel Management to be consistent with the purpose
of this section.
(e) This section shall apply with respect to pay for
service performed after September 30, 2003.
(f) For the purpose of administering any provision
of law (including any rule or regulation that provides pre-
mium pay, retirement, life insurance, or any other em-
ployee benefit) that requires any deduction or contribu-
tion, or that imposes any requirement or limitation on the
basis of a rate of salary or basic pay, the rate of salary
or basic pay payable after the application of this section
shall be treated as the rate of salary or basic pay.
121
(g) Nothing in this section shall be considered to per-
mit or require the payment to any employee covered by
this section at a rate in excess of the rate that would be
payable were this section not in effect.
(h) The Office of Personnel Management may provide
for exceptions to the limitations imposed by this section
if the Office determines that such exceptions are necessary
to ensure the recruitment or retention of qualified employ-
ees.
SEC. 714. During the period in which the head of
any department or agency, or any other officer or civilian
employee of the Government appointed by the President
of the United States, holds office, no funds may be obli-
gated or expended in excess of $5,000 to furnish or re-
decorate the office of such department head, agency head,
officer, or employee, or to purchase furniture or make im-
provements for any such office, unless advance notice of
such furnishing or redecoration is expressly approved by
the Committees on Appropriations. For the purposes of
this section, the term ‘‘office’’ shall include the entire suite
of offices assigned to the individual, as well as any other
space used primarily by the individual or the use of which
is directly controlled by the individual.
SEC. 715. Notwithstanding section 1346 of title 31,
United States Code, or section 710 of this Act, funds
122
made available for the current fiscal year by this or any
other Act shall be available for the interagency funding
of national security and emergency preparedness tele-
communications initiatives which benefit multiple Federal
departments, agencies, or entities, as provided by Execu-
tive Order No. 12472 (April 3, 1984).
SEC. 716. (a) None of the funds appropriated by this
or any other Act may be obligated or expended by any
Federal department, agency, or other instrumentality for
the salaries or expenses of any employee appointed to a
position of a confidential or policy-determining character
excepted from the competitive service pursuant to section
3302 of title 5, United States Code, without a certification
to the Office of Personnel Management from the head of
the Federal department, agency, or other instrumentality
employing the Schedule C appointee that the Schedule C
position was not created solely or primarily in order to
detail the employee to the White House.
(b) The provisions of this section shall not apply to
Federal employees or members of the armed services de-
tailed to or from—
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
123
(4) the offices within the Department of De-
fense for the collection of specialized national foreign
intelligence through reconnaissance programs;
(5) the Bureau of Intelligence and Research of
the Department of State;
(6) any agency, office, or unit of the Army,
Navy, Air Force, and Marine Corps, the Department
of Homeland Security, the Federal Bureau of Inves-
tigation and the Drug Enforcement Administration
of the Department of Justice, the Department of
Transportation, the Department of the Treasury,
and the Department of Energy performing intel-
ligence functions; and
(7) the Director of Central Intelligence.
SEC. 717. No department, agency, or instrumentality
of the United States receiving appropriated funds under
this or any other Act for the current fiscal year shall obli-
gate or expend any such funds, unless such department,
agency, or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to
ensure that all of its workplaces are free from discrimina-
tion and sexual harassment and that all of its workplaces
are not in violation of title VII of the Civil Rights Act
of 1964, as amended, the Age Discrimination in Employ-
ment Act of 1967, and the Rehabilitation Act of 1973.
124
SEC. 718. No part of any appropriation contained in
this or any other Act shall be available for the payment
of the salary of any officer or employee of the Federal
Government, who—
(1) prohibits or prevents, or attempts or threat-
ens to prohibit or prevent, any other officer or em-
ployee of the Federal Government from having any
direct oral or written communication or contact with
any Member, committee, or subcommittee of the
Congress in connection with any matter pertaining
to the employment of such other officer or employee
or pertaining to the department or agency of such
other officer or employee in any way, irrespective of
whether such communication or contact is at the ini-
tiative of such other officer or employee or in re-
sponse to the request or inquiry of such Member,
committee, or subcommittee; or
(2) removes, suspends from duty without pay,
demotes, reduces in rank, seniority, status, pay, or
performance of efficiency rating, denies promotion
to, relocates, reassigns, transfers, disciplines, or dis-
criminates in regard to any employment right, enti-
tlement, or benefit, or any term or condition of em-
ployment of, any other officer or employee of the
Federal Government, or attempts or threatens to
125
commit any of the foregoing actions with respect to
such other officer or employee, by reason of any
communication or contact of such other officer or
employee with any Member, committee, or sub-
committee of the Congress as described in paragraph
(1).
SEC. 719. (a) None of the funds made available in
this or any other Act may be obligated or expended for
any employee training that—
(1) does not meet identified needs for knowl-
edge, skills, and abilities bearing directly upon the
performance of official duties;
(2) contains elements likely to induce high lev-
els of emotional response or psychological stress in
some participants;
(3) does not require prior employee notification
of the content and methods to be used in the train-
ing and written end of course evaluation;
(4) contains any methods or content associated
with religious or quasi-religious belief systems or
‘‘new age’’ belief systems as defined in Equal Em-
ployment 
Opportunity 
Commission 
Notice 
N–
915.022, dated September 2, 1988; or
126
(5) is offensive to, or designed to change, par-
ticipants’ personal values or lifestyle outside the
workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training
bearing directly upon the performance of official duties.
SEC. 720. No funds appropriated in this or any other
Act may be used to implement or enforce the agreements
in Standard Forms 312 and 4414 of the Government or
any other nondisclosure policy, form, or agreement if such
policy, form, or agreement does not contain the following
provisions: ‘‘These restrictions are consistent with and do
not supersede, conflict with, or otherwise alter the em-
ployee obligations, rights, or liabilities created by Execu-
tive Order No. 12958; section 7211 of title 5, United
States Code (governing disclosures to Congress); section
1034 of title 10, United States Code, as amended by the
Military Whistleblower Protection Act (governing disclo-
sure to Congress by members of the military); section
2302(b)(8) of title 5, United States Code, as amended by
the Whistleblower Protection Act (governing disclosures of
illegality, waste, fraud, abuse or public health or safety
threats); the Intelligence Identities Protection Act of 1982
(50 U.S.C. 421 et seq.) (governing disclosures that could
expose confidential Government agents); and the statutes
127
which protect against disclosure that may compromise the
national security, including sections 641, 793, 794, 798,
and 952 of title 18, United States Code, and section 4(b)
of the Subversive Activities Act of 1950 (50 U.S.C.
783(b)). The definitions, requirements, obligations, rights,
sanctions, and liabilities created by said Executive order
and listed statutes are incorporated into this agreement
and are controlling.’’: Provided, That notwithstanding the
preceding paragraph, a nondisclosure policy form or agree-
ment that is to be executed by a person connected with
the conduct of an intelligence or intelligence-related activ-
ity, other than an employee or officer of the United States
Government, may contain provisions appropriate to the
particular activity for which such document is to be used.
Such form or agreement shall, at a minimum, require that
the person will not disclose any classified information re-
ceived in the course of such activity unless specifically au-
thorized to do so by the United States Government. Such
nondisclosure forms shall also make it clear that they do
not bar disclosures to Congress or to an authorized official
of an executive agency or the Department of Justice that
are essential to reporting a substantial violation of law.
SEC. 721. No part of any funds appropriated in this
or any other Act shall be used by an agency of the execu-
tive branch, other than for normal and recognized execu-
128
tive-legislative relationships, for publicity or propaganda
purposes, and for the preparation, distribution or use of
any kit, pamphlet, booklet, publication, radio, television or
film presentation designed to support or defeat legislation
pending before the Congress, except in presentation to the
Congress itself.
SEC. 722. None of the funds appropriated by this or
any other Act may be used by an agency to provide a Fed-
eral employee’s home address to any labor organization
except when the employee has authorized such disclosure
or when such disclosure has been ordered by a court of
competent jurisdiction.
SEC. 723. None of the funds made available in this
Act or any other Act may be used to provide any non-
public information such as mailing or telephone lists to
any person or any organization outside of the Federal
Government without the approval of the Committees on
Appropriations.
SEC. 724. No part of any appropriation contained in
this or any other Act shall be used for publicity or propa-
ganda purposes within the United States not heretofore
authorized by the Congress.
SEC. 725. Unless authorized in accordance with law
or regulations to use such time for other purposes, an em-
ployee of an agency shall use official time in an honest
129
effort to perform official duties. An employee not under
a leave system, including a Presidential appointee exempt-
ed under section 6301(2) of title 5, United States Code,
has an obligation to expend an honest effort and a reason-
able proportion of such employee’s time in the perform-
ance of official duties: Provided, That in this section the
term ‘‘agency’’—
(1) means an Executive agency as defined
under section 105 of title 5, United States Code;
(2) includes a military department as defined
under section 102 of such title, the Postal Service,
and the Postal Rate Commission; and
(3) shall not include the General Accounting
Office.
SEC. 726. Notwithstanding 31 U.S.C. 1346 and sec-
tion 710 of this Act, funds made available for the current
fiscal year by this or any other Act to any department
or agency, which is a member of the Joint Financial Man-
agement Improvement Program (JFMIP), shall be avail-
able to finance an appropriate share of JFMIP adminis-
trative costs, as determined by the JFMIP, but not to ex-
ceed a total of $800,000 including the salary of the Execu-
tive Director and staff support.
SEC. 727. Notwithstanding 31 U.S.C. 1346 and sec-
tion 710 of this Act, the head of each Executive depart-
130
ment and agency is hereby authorized to transfer to or
reimburse the ‘‘Governmentwide Policy’’ account, General
Services Administration, with the approval of the Director
of the Office of Management and Budget, funds made
available for the current fiscal year by this or any other
Act, including rebates from charge card and other con-
tracts. These funds shall be administered by the Adminis-
trator of General Services to support Government-wide fi-
nancial, information technology, procurement, and other
management innovations, initiatives, and activities, as ap-
proved by the Director of the Office of Management and
Budget, in consultation with the appropriate interagency
groups designated by the Director (including the Chief Fi-
nancial Officers Council and the Joint Financial Manage-
ment Improvement Program for financial management
initiatives, the Chief Information Officers Council for in-
formation technology initiatives, and the Procurement Ex-
ecutives Council for procurement initiatives). The total
funds transferred or reimbursed shall not exceed
$17,000,000. Such transfers or reimbursements may only
be made 15 days following notification of the Committees
on Appropriations by the Director of the Office of Man-
agement and Budget.
SEC. 728. Notwithstanding any other provision of
law, a woman may breastfeed her child at any location
131
in a Federal building or on Federal property, if the woman
and her child are otherwise authorized to be present at
the location.
SEC. 729. Nothwithstanding section 1346 of title 31,
United States Code, or section 710 of this Act, funds
made available for the current fiscal year by this or any
other Act shall be available for the interagency funding
of specific projects, workshops, studies, and similar efforts
to carry out the purposes of the National Science and
Technology Council (authorized by Executive Order No.
12881), which benefit multiple Federal departments,
agencies, or entities: Provided, That the Office of Manage-
ment and Budget shall provide a report describing the
budget of and resources connected with the National
Science and Technology Council to the Committees on Ap-
propriations, the House Committee on Science; and the
Senate Committee on Commerce, Science, and Transpor-
tation 90 days after enactment of this Act.
SEC. 730. Any request for proposals, solicitation,
grant application, form, notification, press release, or
other publications involving the distribution of Federal
funds shall indicate the agency providing the funds, the
Catalog of Federal Domestic Assistance Number, as appli-
cable, and the amount provided. This provision shall apply
132
to direct payments, formula funds, and grants received by
a State receiving Federal funds.
SEC. 731. Subsection (f) of section 403 of Public Law
103–356 (31 U.S.C. 501 note) is amended by striking
‘‘October 1, 2001’’ and inserting ‘‘October 1, 2004’’.
SEC. 732. (a) PROHIBITION OF FEDERAL AGENCY
MONITORING OF PERSONAL INFORMATION ON USE OF
INTERNET.—None of the funds made available in this or
any other Act may be used by any Federal agency—
(1) to collect, review, or create any aggregate
list, derived from any means, that includes the col-
lection of any personally identifiable information re-
lating to an individual’s access to or use of any Fed-
eral Government Internet site of the agency; or
(2) to enter into any agreement with a third
party (including another Government agency) to col-
lect, review, or obtain any aggregate list, derived
from any means, that includes the collection of any
personally identifiable information relating to an in-
dividual’s access to or use of any nongovernmental
Internet site.
(b) EXCEPTIONS.—The limitations established in
subsection (a) shall not apply to—
(1) any record of aggregate data that does not
identify particular persons;
133
(2) any voluntary submission of personally iden-
tifiable information;
(3) any action taken for law enforcement, regu-
latory, or supervisory purposes, in accordance with
applicable law; or
(4) any action described in subsection (a)(1)
that is a system security action taken by the oper-
ator of an Internet site and is necessarily incident
to the rendition of the Internet site services or to the
protection of the rights or property of the provider
of the Internet site.
(c) DEFINITIONS.—For the purposes of this section:
(1) The term ‘‘regulatory’’ means agency ac-
tions to implement, interpret or enforce authorities
provided in law.
(2) The term ‘‘supervisory’’ means examina-
tions of the agency’s supervised institutions, includ-
ing assessing safety and soundness, overall financial
condition, management practices and policies and
compliance with applicable standards as provided in
law.
SEC. 733. (a) None of the funds appropriated by this
Act may be used to enter into or renew a contract which
includes a provision providing prescription drug coverage,
134
except where the contract also includes a provision for con-
traceptive coverage.
(b) Nothing in this section shall apply to a contract
with—
(1) any of the following religious plans:
(A) Personal Care’s HMO; and
(B) OSF Health Plans, Inc.; and
(2) any existing or future plan, if the carrier
for the plan objects to such coverage on the basis of
religious beliefs.
(c) In implementing this section, any plan that enters
into or renews a contract under this section may not sub-
ject any individual to discrimination on the basis that the
individual refuses to prescribe or otherwise provide for
contraceptives because such activities would be contrary
to the individual’s religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to re-
quire coverage of abortion or abortion-related services.
SEC. 734. The Congress of the United States recog-
nizes the United States Anti-Doping Agency (USADA) as
the official anti-doping agency for Olympic, Pan Amer-
ican, and Paralympic sport in the United States.
SEC. 735. Not later than 6 months after the date of
enactment of this Act, the Inspector General of each appli-
cable department or agency shall submit to the Committee
135
on Appropriations a report detailing what policies and pro-
cedures are in place for each department or agency to give
first priority to the location of new offices and other facili-
ties in rural areas, as directed by the Rural Development
Act of 1972.
SEC. 736. Each executive department and agency
shall evaluate the creditworthiness of an individual before
issuing the individual a Government travel charge card.
The department or agency may not issue a Government
travel charge card to an individual that either lacks a cred-
it history or is found to have an unsatisfactory credit his-
tory as a result of this evaluation: Provided, That this re-
striction shall not preclude issuance of a restricted-use
charge, debit, or stored value card made in accordance
with agency procedures to: (1) an individual with an un-
satisfactory credit history where such card is used to pay
travel expenses and the agency determines there is no suit-
able alternative payment mechanism available before
issuing the card; or (2) an individual who lacks a credit
history. Each executive department and agency shall es-
tablish guidelines and procedures for disciplinary actions
to be taken against agency personnel for improper, fraud-
ulent, or abusive use of Government charge cards, which
shall include appropriate disciplinary actions for use of
charge cards for purposes, and at establishments, that are
136
inconsistent with the official business of the department
or agency or with applicable standards of conduct.
SEC. 737. Notwithstanding section 1346 of title 31,
United States Code, or section 710 of this Act, funds
made available for the current fiscal year by this or any
other Act shall be available for the interagency funding
of the National Oceanographic Partnership Program Of-
fice, authorized by 10 U.S.C. 7902, and the Coastal Amer-
ica program, which benefit multiple Federal departments,
agencies, or entities: Provided, That the Department of
Commerce shall provide a report describing the budget of
and resources connected with the National Oceanographic
Partnership Program Office and the Coastal America pro-
gram to the House and Senate Committees on Appropria-
tions, the House Committee on Science, and the Senate
Committee on Commerce, Science, and Transportation 90
days after the enactment of this Act.
SEC. 738. Section 640(c) of the Treasury and Gen-
eral Government Appropriations Act, 2000 (Public Law
106–58; 2 U.S.C. 437g note 1), as amended by section
642 of the Treasury and General Government Appropria-
tions Act, 2002 (Public Law 107–67), is amended by
striking ‘‘December 31, 2003’’ and inserting ‘‘December
31, 2005’’.
137
SEC. 739. Section 304(a) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 434(a)) is amended as
follows:
(1) in clauses (a)(2)(A)(i) and (a)(4)(A)(ii) by
striking the parenthetical ‘‘(or posted by registered
or certified mail no later than the 15th day before)’’
and inserting in its place, ‘‘(or posted by any of the
following: registered mail, certified mail, priority
mail having a delivery confirmation, or express mail
having a delivery confirmation, or delivered to an
overnight delivery service with an on-line tracking
system, if posted or delivered no later than the 15th
day before)’’; and
(2) by striking paragraph (a)(5) and inserting
the following:
‘‘(5) If a designation, report, or statement filed
pursuant to this Act (other than under paragraph
(2)(A)(i) or (4)(A)(ii) or subsection (g)(1)) is sent
by registered mail, certified mail, priority mail hav-
ing a delivery confirmation, or express mail having
a delivery confirmation, the United States postmark
shall be considered the date of filing the designation,
report or statement. If a designation, report or
statement filed pursuant to this Act (other than
under paragraph (2)(A)(i) or (4)(A)(ii), or sub-
138
section (g)(1)) is sent by an overnight delivery serv-
ice with an on-line tracking system, the date on the
proof of delivery to the delivery service shall be con-
sidered the date of filing of the designation, report,
or statement.’’.
SEC. 740. (a) The adjustment in rates of basic pay
for employees under the statutory pay systems that takes
effect in fiscal year 2004 under sections 5303 and 5304
of title 5, United States Code, shall be an increase of 4.1
percent, and this adjustment shall apply to civilian em-
ployees in the Department of Defense and the Department
of Homeland Security and such adjustments shall be effec-
tive as of the first day of the first applicable pay period
beginning on or after January 1, 2004.
(b) Notwithstanding section 713 of this Act, the ad-
justment in rates of basic pay for the statutory pay sys-
tems that take place in fiscal year 2004 under sections
5344 and 5348 of title 5, United States Code, shall be
no less than the percentage in paragraph (a) as employees
in the same location whose rates of basic pay are adjusted
pursuant to the statutory pay systems under section 5303
and 5304 of title 5, United States Code. Prevailing rate
employees at locations where there are no employees whose
pay is increased pursuant to sections 5303 and 5304 of
title 5 and prevailing rate employees described in section
139
5343(a)(5) of title 5 shall be considered to be located in
the pay locality designated as ‘‘Rest of US’’ pursuant to
section 5304 of title 5 for purposes of this paragraph.
(c) Funds used to carry out this section shall be paid
from appropriations, which are made to each applicable
department or agency for salaries and expenses for fiscal
year 2004.
SEC. 741. Not later than December 31 of each year,
the head of each agency shall submit to Congress a report
on the competitive sourcing activities performed during
the previous fiscal year by Federal Government sources
that are on the list required under the Federal Activities
Inventory Reform Act of 1998 (Public Law 105–270; 31
U.S.C. 501 note). The report shall include—
(1) the number of full time equivalent Federal
employees studied for competitive sourcing;
(2) the total agency cost required to carry out
its competitive sourcing program;
(3) the costs attributable to paying outside con-
sultants and contractors to carry out the agency’s
competitive sourcing program;
(4) the costs attributable to paying agency per-
sonnel to carry out its competitive sourcing program;
and