H. R. 4818—426
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. 190. 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. 191. Notwithstanding any other provisions of law, rule
or regulation, the Secretary of Transportation is authorized to allow
the issuer of any preferred stock heretofore sold to the Department
to redeem or repurchase such stock upon the payment to the Depart-
ment of an amount determined by the Secretary.
SEC. 192. None of the funds in this Act to the Department
of Transportation 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 discre-
tionary grant award, letter of intent, or full funding grant agree-
ment totaling $1,000,000 or more is announced by the department
or its modal administrations from: (1) any discretionary grant pro-
gram of the Federal Highway Administration other than the emer-
gency relief program; (2) the airport improvement program of the
Federal Aviation Administration; or (3) any program of the Federal
Transit Administration other than the formula grants and fixed
guideway modernization programs: Provided, That no notification
shall involve funds that are not available for obligation.
SEC. 193. 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. 194. 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
H. R. 4818—427
shall be available for the purposes and period for which
such appropriations are available; or
(B) if no such appropriation remains available, shall
be deposited in the Treasury as miscellaneous receipts:
Provided, That prior to the transfer of any such recovery
to an appropriations account, the Secretary shall notify
the House and Senate Committees on Appropriations of
the amount and reasons for such transfer: Provided further,
That for purposes of this section, the term ‘‘improper pay-
ments’’, has the same meaning as that provided in section
2(d)(2) of Public Law 107–300.
SEC. 195. The Secretary of Transportation is authorized to
transfer the unexpended balances available for the bonding assist-
ance program from ‘‘Office of the Secretary, Salaries and expenses’’
to ‘‘Minority Business Outreach’’.
SEC. 196. None of the funds made available in this Act to
the Department of Transportation may be obligated for the Office
of the Secretary of Transportation to approve assessments or
reimbursable agreements pertaining to funds appropriated to the
modal administrations in this Act, except for activities underway
on the date of enactment of this Act, unless such assessments
or agreements have completed the normal reprogramming process
for Congressional notification.
SEC. 197. Funds provided in this Act for the Working Capital
Fund shall be reduced by $20,844,000, which limits fiscal year
2005 Working Capital Fund obligational authority for elements
of the Department of Transportation funded in this Act to no
more than $130,210,000: 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. 198. For the purpose of any applicable law, for fiscal
years 2004 and 2005, the city of Norman, Oklahoma, shall be
considered to be part of the Oklahoma City urbanized area.
SEC. 199. Section 41716(b) of title 49, United States Code,
is amended by adding before the period at the end the following:
‘‘; except that the Secretary may grant not to exceed 4 additional
slot exemptions at LaGuardia Airport to an incumbent air carrier
operating at least 20 but not more than 28 slots at such airport
as of October 1, 2004, to provide air transportation between
LaGuardia Airport and a small hub airport or nonhub airport’’.
TITLE II
DEPARTMENT OF THE TREASURY
DEPARTMENTAL OFFICES
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Annex;
hire of passenger motor vehicles; maintenance, repairs, and
improvements of, and purchase of commercial insurance policies
for, real properties leased or owned overseas, when necessary for
the performance of official business, $157,559,000, of which not
H. R. 4818—428
to exceed $7,274,000 for executive direction program activities; not
to exceed $7,200,000 for general counsel program activities; not
to exceed $31,657,000 for economic policies and programs activities;
not to exceed $26,072,000 for financial policies and programs activi-
ties; not to exceed $10,633,000 for terrorism and financial intel-
ligence policies and programs activities; not to exceed $16,760,000
for Treasury-wide management policies and programs activities;
not to exceed $57,963,000 for administration programs activities:
Provided, That the Secretary of the Treasury is authorized to
transfer funds appropriated for any program activity of the Depart-
mental Offices to any other program activity of the Departmental
Offices upon notification to the House and Senate Committees on
Appropriations: Provided further, That no appropriation for any
program activity shall be increased or decreased by more than
2.5 percent by all such transfers: Provided further, That any change
in funding greater than 2.5 percent shall be submitted for approval
to the House and Senate Committees on Appropriations: Provided
further, That the funds identified within the administration pro-
gram activity to support the Office of Foreign Assets Control shall
be transferred to ‘‘Office of Foreign Assets Control’’: Provided fur-
ther, That this transfer authority shall be in addition to any other
provided in this Act: Provided further, That of the amount appro-
priated under this heading, not to exceed $3,000,000, to remain
available until September 30, 2006, for information technology mod-
ernization requirements; not to exceed $100,000 for official reception
and representation expenses; and not to exceed $258,000 for unfore-
seen emergencies of a confidential nature, to be allocated and
expended under the direction of the Secretary of the Treasury
and to be accounted for solely on his certificate: Provided further,
That of the amount appropriated under this heading, $3,393,000,
to remain available until September 30, 2006, is for the Treasury-
wide Financial Statement Audit Program, of which such amounts
as may be necessary may be transferred to accounts of the Depart-
ment’s offices and bureaus to conduct audits: Provided further,
That this transfer authority shall be in addition to any other
provided in this Act.
OFFICE OF FOREIGN ASSETS CONTROL
SALARIES AND EXPENSES
For necessary expenses of the Office of Foreign Assets Control,
$22,291,000: Provided, That the funding available shall support
no less than 138 full time equivalent positions.
DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For development and acquisition of automatic data processing
equipment, software, and services for the Department of the
Treasury, $32,260,000, to remain available until September 30,
2007: Provided, That these funds shall be transferred to accounts
and in amounts as necessary to satisfy the requirements of the
Department’s offices, bureaus, and other organizations: Provided
further, That this transfer authority shall be in addition to any
other transfer authority provided in this Act: Provided further,
That none of the funds appropriated shall be used to support