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proposed spending plan and justification for each project 
to be undertaken has been submitted to the Committees 
on Appropriations. 
ALLOWANCES AND OFFICE STAFF FOR FORMER 
PRESIDENTS 
(INCLUDING TRANSFER OF FUNDS) 
For carrying out the provisions of the Act of August 
25, 1958, as amended (3 U.S.C. 102 note), and Public 
Law 95–138, $3,449,000: Provided, That the Adminis-
trator of General Services shall transfer to the Secretary 
of the Treasury such sums as may be necessary to carry 
out the provisions of such Acts. 
EXPENSES, PRESIDENTIAL TRANSITION
For expenses necessary to carry out the Presidential 
Transition Act of 1963, as amended, $7,700,000, of which 
not to exceed $1,000,000 is for activities authorized by 
sections 3(a)(8) and (9) of the Presidential Transition Act 
of 2000, and may be used notwithstanding section 3(f) 
of such Act (3 U.S.C. 102 note).
GENERAL PROVISIONS—GENERAL SERVICES 
ADMINISTRATION 
SEC. 401. The appropriate appropriation or fund 
available to the General Services Administration shall be 
credited with the cost of operation, protection, mainte-
nance, upkeep, repair, and improvement, included as part
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of rentals received from Government corporations pursu-
ant to law (40 U.S.C. 129). 
SEC. 402. Funds available to the General Services 
Administration shall be available for the hire of pas-
senger motor vehicles. 
SEC. 403. Funds in the Federal Buildings Fund 
made available in fiscal year 2005 for Federal Buildings 
Fund activities may be transferred between such activi-
ties only to the extent necessary to meet program re-
quirements: Provided, That any proposed transfers shall 
be approved in advance by the Committees on Appropria-
tions. 
SEC. 404. No funds made available by this Act shall 
be used to transmit a fiscal year 2006 request for United 
States Courthouse construction that: (1) does not meet 
the design guide standards for construction as established 
and approved by the General Services Administration, the 
Judicial Conference of the United States, and the Office 
of Management and Budget; and (2) does not reflect the 
priorities of the Judicial Conference of the United States 
as set out in its approved 5-year construction plan: Pro-
vided, That the fiscal year 2006 request must be accom-
panied by a standardized courtroom utilization study of 
each facility to be constructed, replaced, or expanded.
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SEC. 405. None of the funds provided in this Act 
may be used to increase the amount of occupiable square 
feet, provide cleaning services, security enhancements, or 
any other service usually provided through the Federal 
Buildings Fund, to any agency that does not pay the rate 
per square foot assessment for space and services as de-
termined by the General Services Administration in com-
pliance with the Public Buildings Amendments Act of 
1972 (Public Law 92–313). 
SEC. 406. From funds made available under the 
heading ‘‘Federal buildings fund, limitations on avail-
ability of revenue’’, claims against the Government of less 
than $250,000 arising from direct construction projects 
and acquisition of buildings may be liquidated from sav-
ings effected in other construction projects with prior no-
tification to the Committees on Appropriations.
MERIT SYSTEMS PROTECTION BOARD 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses to carry out functions of the 
Merit Systems Protection Board pursuant to Reorganiza-
tion Plan Numbered 2 of 1978 and the Civil Service Re-
form Act of 1978, including services as authorized by 5 
U.S.C. 3109, rental of conference rooms in the District 
of Columbia and elsewhere, hire of passenger motor vehi-
cles, and direct procurement of survey printing,
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$34,683,000 together with not to exceed $2,620,000 for 
administrative expenses to adjudicate retirement appeals 
to be transferred from the Civil Service Retirement and 
Disability Fund in amounts determined by the Merit Sys-
tems Protection Board. 
MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN 
NATIONAL ENVIRONMENTAL POLICY FOUNDATION 
MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN 
NATIONAL ENVIRONMENTAL POLICY TRUST FUND 
For payment to the Morris K. Udall Scholarship and 
Excellence in National Environmental Policy Trust Fund, 
pursuant to the Morris K. Udall Scholarship and Excel-
lence in National Environmental and Native American 
Public Policy Act of 1992 (20 U.S.C. 5601 et seq.), 
$1,984,000, to remain available until expended, of which 
up to $50,000 shall be used to conduct financial audits 
pursuant to the Accountability of Tax Dollars Act of 
2002 (Public Law 107–289), notwithstanding sections 8 
and 9 of Public Law 102–259: Provided, That up to 60 
percent of such funds may be transferred by the Morris 
K. Udall Scholarship and Excellence in National Envi-
ronmental Policy Foundation for the necessary expenses 
of the Native Nations Institute. 
ENVIRONMENTAL DISPUTE RESOLUTION FUND 
For payment to the Environmental Dispute Resolu-
tion Fund to carry out activities authorized in the Envi-
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ronmental Policy and Conflict Resolution Act of 1998, 
$1,301,000, to remain available until expended. 
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION 
OPERATING EXPENSES 
For necessary expenses in connection with the ad-
ministration of the National Archives and Records Ad-
ministration (including the Information Security Over-
sight Office) and archived Federal records and related 
activities, as provided by law, and for expenses necessary 
for the review and declassification of documents, and for 
the hire of passenger motor vehicles, $264,185,000: Pro-
vided, That the Archivist of the United States is author-
ized to use any excess funds available from the amount 
borrowed for construction of the National Archives facil-
ity, for expenses necessary to provide adequate storage 
for holdings. 
ELECTRONIC RECORDS ARCHIVES 
For necessary expenses in connection with the devel-
opment of the electronic records archives, to include all 
direct project costs associated with research, analysis, de-
sign, 
development, 
and 
program 
management, 
$35,914,000. 
REPAIRS AND RESTORATION 
For the repair, alteration, and improvement of ar-
chives facilities, and to provide adequate storage for hold-
ings, $7,182,000, to remain available until expended.
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NATIONAL HISTORICAL PUBLICATIONS AND RECORDS 
COMMISSION 
GRANTS PROGRAM 
For necessary expenses for allocations and grants 
for historical publications and records as authorized by 
44 U.S.C. 2504, as amended, $3,000,000, to remain 
available until expended. 
OFFICE OF GOVERNMENT ETHICS 
SALARIES AND EXPENSES 
For necessary expenses to carry out functions of the 
Office of Government Ethics pursuant to the Ethics in 
Government Act of 1978, as amended, and the Ethics 
Reform Act of 1989, including services as authorized by 
5 U.S.C. 3109, rental of conference rooms in the District 
of Columbia and elsewhere, hire of passenger motor vehi-
cles, and not to exceed $1,500 for official reception and 
representation expenses, $11,238,000. 
OFFICE OF PERSONNEL MANAGEMENT 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF TRUST FUNDS) 
For necessary expenses to carry out functions of the 
Office of Personnel Management pursuant to Reorganiza-
tion Plan Numbered 2 of 1978 and the Civil Service Re-
form Act of 1978, including services as authorized by 5 
U.S.C. 3109; medical examinations performed for vet-
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utes, including direct procurement of printed materials, 
for the retirement and insurance programs, of which 
$27,640,000 shall remain available until expended for the 
cost of automating the retirement recordkeeping systems: 
Provided, That the provisions of this appropriation shall 
not affect the authority to use applicable trust funds as 
provided by sections 8348(a)(1)(B), and 9004(f)(1)(A) 
and (2)(A) of title 5, United States Code: Provided fur-
ther, That no part of this appropriation shall be available 
for salaries and expenses of the Legal Examining Unit of 
the Office of Personnel Management established pursuant 
to Executive Order No. 9358 of July 1, 1943, or any suc-
cessor unit of like purpose: Provided further, That the 
President’s Commission on White House Fellows, estab-
lished by Executive Order No. 11183 of October 3, 1964, 
may, during fiscal year 2005, accept donations of money, 
property, and personal services: Provided further, That 
such donations, including those from prior years, may be 
used for the development of publicity materials to provide 
information about the White House Fellows, except that 
no such donations shall be accepted for travel or reim-
bursement of travel expenses, or for the salaries of em-
ployees of such Commission.
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OFFICE OF INSPECTOR GENERAL 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF TRUST FUNDS) 
For necessary expenses of the Office of Inspector 
General in carrying out the provisions of the Inspector 
General Act, as amended, including services as author-
ized by 5 U.S.C. 3109, hire of passenger motor vehicles, 
$1,627,000, and in addition, not to exceed $16,461,000 
for administrative expenses to audit, investigate, and pro-
vide other oversight of the Office of Personnel Manage-
ment’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 author-
ized to rent conference rooms in the District of Columbia 
and elsewhere. 
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES 
HEALTH BENEFITS 
For payment of Government contributions with re-
spect 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.
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GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE 
LIFE INSURANCE 
For payment of Government contributions with re-
spect 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 in-
creased annuity benefits becoming effective on or after 
October 20, 1969, as authorized by 5 U.S.C. 8348, and 
annuities under special Acts to be credited to the Civil 
Service Retirement and Disability Fund, such sums as 
may be necessary: Provided, That annuities authorized by 
the Act of May 29, 1944, as amended, and the Act of 
August 19, 1950, as amended (33 U.S.C. 771–775), may 
hereafter be paid out of the Civil Service Retirement and 
Disability Fund. 
HUMAN CAPITAL PERFORMANCE FUND 
(INCLUDING TRANSFER OF FUNDS) 
For a human capital performance fund, as author-
ized by 5 U.S.C. 5408, $12,514,000: Provided, That such 
amounts as determined by the Director of the Office of 
Personnel Management may be transferred to Federal 
agencies to carry out the purposes of this fund as author-
ized by 5 U.S.C. 5403: Provided further, That no funds
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shall be available for obligation or transfer to any Fed-
eral agency until the Director has notified the relevant 
subcommittees of jurisdiction of the Committees on Ap-
propriations of the approval of a performance pay plan 
for that agency, and the prior approval of such sub-
committees 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 Whistle-
blower Protection Act of 1989 (Public Law 101–12), as 
amended, Public Law 103–424, and the Uniformed Serv-
ices Employment and Reemployment Act of 1994 (Public 
Law 103–353), including services as authorized by 5 
U.S.C. 3109, payment of fees and expenses for witnesses, 
rental of conference rooms in the District of Columbia 
and elsewhere, and hire of passenger motor vehicles; 
$15,449,000. 
UNITED STATES POSTAL SERVICE 
PAYMENT TO THE POSTAL SERVICE FUND 
For payment to the Postal Service Fund for revenue 
forgone on free and reduced rate mail, pursuant to sub-
sections (c) and (d) of section 2401 of title 39, United
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States Code, $61,709,000, which shall not be available 
for obligation until October 1, 2005: Provided, That mail 
for overseas voting and mail for the blind shall continue 
to be free: Provided further, That 6-day delivery and 
rural delivery of mail shall continue at not less than the 
1983 level: Provided further, That none of the funds 
made available to the Postal Service by this Act shall be 
used to implement any rule, regulation, or policy of 
charging any officer or employee of any State or local 
child support enforcement agency, or any individual par-
ticipating in a State or local program of child support en-
forcement, a fee for information requested or provided 
concerning an address of a postal customer: Provided fur-
ther, That none of the funds provided in this Act shall 
be used to consolidate or close small rural and other 
small post offices in fiscal year 2005. 
UNITED STATES TAX COURT 
SALARIES AND EXPENSES 
For necessary expenses, including contract reporting 
and other services as authorized by 5 U.S.C. 3109, 
$41,180,000: Provided, That travel expenses of the 
judges shall be paid upon the written certificate of the 
judge.
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TITLE V—GENERAL PROVISIONS 
THIS ACT 
(INCLUDING TRANSFERS OF FUNDS) 
SEC. 501. Such sums as may be necessary for fiscal 
year 2004 pay raises for programs funded in this Act 
shall be absorbed within the levels appropriated in this 
Act or previous appropriations Acts. 
SEC. 502. None of the funds in this Act shall be 
used for the planning or execution of any program to pay 
the expenses of, or otherwise compensate, non-Federal 
parties intervening in regulatory or adjudicatory pro-
ceedings funded in this Act. 
SEC. 503. None of the funds appropriated in this 
Act shall remain available for obligation beyond the cur-
rent fiscal year, nor may any be transferred to other ap-
propriations, unless expressly so provided herein. 
SEC. 504. The expenditure of any appropriation 
under this Act for any consulting service through pro-
curement contract pursuant to section 3109 of title 5, 
United States Code, shall be limited to those contracts 
where such expenditures are a matter of public record 
and available for public inspection, except where other-
wise provided under existing law, or under existing Exec-
utive Order issued pursuant to existing law.
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SEC. 505. None of the funds made available in this 
Act may be transferred to any department, agency, or in-
strumentality of the United States Government, except 
pursuant to a transfer made by, or transfer authority 
provided in, this Act or any other appropriations Act. 
SEC. 506. 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 
policy that would prohibit the enforcement of section 307 
of the Tariff Act of 1930. 
SEC. 507. No part of any appropriation contained in 
this Act shall be available to pay the salary for any per-
son filling a position, other than a temporary position, 
formerly held by an employee who has left to enter the 
Armed Forces of the United States and has satisfactorily 
completed his period of active military or naval service, 
and has within 90 days after his release from such serv-
ice or from hospitalization continuing after discharge for 
a period of not more than 1 year, made application for 
restoration to his former position and has been certified 
by the Office of Personnel Management as still qualified 
to perform the duties of his former position and has not 
been restored thereto.
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SEC. 508. Except as otherwise specifically provided 
by law, not to exceed 50 percent of unobligated balances 
remaining available at the end of fiscal year 2005 from 
appropriations made available for salaries and expenses 
for fiscal year 2005 in this Act, shall remain available 
through September 30, 2006, for each such account for 
the purposes authorized: Provided, That a request shall 
be submitted to the Committees on Appropriations for 
approval prior to the expenditure of such funds: Provided 
further, That these requests shall be made in compliance 
with reprogramming guidelines. 
SEC. 509. None of the funds made available in this 
Act may be used by the Executive Office of the President 
to request from the Federal Bureau of Investigation any 
official background investigation report on any individual, 
except when—
(1) such individual has given his or her express 
written consent for such request not more than 6 
months prior to the date of such request and during 
the same presidential administration; or 
(2) such request is required due to extraor-
dinary circumstances involving national security. 
SEC. 510. The cost accounting standards promul-
gated under section 26 of the Office of Federal Procure-
ment Policy Act (Public Law 93–400; 41 U.S.C. 422)
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shall not apply with respect to a contract under the Fed-
eral Employees Health Benefits Program established 
under chapter 89 of title 5, United States Code. 
SEC. 511. 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. 512. 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. 513. 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 pro-
vides any benefits or coverage for abortions. 
SEC. 514. The provision of section 517 shall not 
apply where the life of the mother would be endangered 
if the fetus were carried to term, or the pregnancy is the 
result of an act of rape or incest. 
SEC. 515. None of the funds provided in this Act, 
provided by previous appropriations Acts to the agencies
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or entities funded in this Act that remain available for 
obligation or expenditure in fiscal year 2005, or provided 
from any accounts in the Treasury derived by the 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 greater; 
(6) reduces existing programs, projects, or ac-
tivities by $5,000,000 or 10 percent, whichever is 
greater; or 
(7) creates or reorganizes a branch, division, of-
fice, bureau, board, commission, agency administra-
tion, or department different from the budget jus-
tifications submitted to the Committees on Appro-
priations;
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unless prior approval is received from the House and Sen-
ate Committees on Appropriations. 
SEC. 516. EXEMPTION FROM LIMITATIONS ON PRO-
CUREMENT
OF FOREIGN INFORMATION TECHNOLOGY 
THAT IS A COMMERCIAL ITEM.—In order to promote 
Government access to commercial information technology, 
the restriction on purchasing nondomestic articles, mate-
rials, and supplies set forth in the Buy American Act (41 
U.S.C. 10a et seq.), shall not apply to the acquisition by 
the Federal Government of information technology (as 
defined in section 11101 of title 40, United States Code, 
that is a commercial item (as defined in section 4(12) of 
the Office of Federal Procurement Policy Act (41 U.S.C. 
403(12)). 
SEC. 517. It is the sense of the House of Represent-
atives that empowerment zones within cities should have 
the necessary flexibility to expand to include relevant 
communities so that empowerment zone benefits are equi-
tably distributed. 
SEC. 518. It is the sense of the House of Represent-
atives that all census tracts contained in an empower-
ment zone, either fully or partially, should be equitably 
accorded the same benefits.
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SEC. 519. 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-
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. 520. It is the sense of Congress that, after 
proper documentation, justification, and review, the De-
partment of Transportation should consider programs to 
reimburse general aviation ground support services at 
Ronald Reagan Washington National Airport, and air-
ports located within fifteen miles of Ronald Reagan 
Washington National Airport, for their financial losses 
due to Government actions after the terrorist attacks of 
September 11, 2001. 
SEC. 521. None of the funds made available under 
this Act may be obligated or expended to establish or im-
plement a pilot program under which not more than 10 
designated essential air service communities located in 
proximity to hub airports are required to assume 10 per-
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cent of their essential air subsidy costs for a 4-year pe-
riod commonly referred to as the EAS local participation 
program. 
TITLE VI—GENERAL PROVISIONS 
DEPARTMENTS, AGENCIES, AND CORPORATIONS 
SEC. 601. Funds appropriated in this or any other 
Act may be used to pay travel to the United States for 
the immediate family of employees serving abroad in 
cases of death or life threatening illness of said employee. 
SEC. 602. No department, agency, or instrumen-
tality of the United States receiving appropriated funds 
under this or any other Act for fiscal year 2005 shall ob-
ligate or expend any such funds, unless such department, 
agency, or instrumentality has in place, and will continue 
to administer in good faith, a written policy designed to 
ensure that all of its workplaces are free from the illegal 
use, possession, or distribution of controlled substances 
(as defined in the Controlled Substances Act) by the offi-
cers and employees of such department, agency, or in-
strumentality. 
SEC. 603. Unless otherwise specifically provided, the 
maximum amount allowable during the current fiscal 
year in accordance with section 16 of the Act of August 
2, 1946 (60 Stat. 810), for the purchase of any pas-
senger motor vehicle (exclusive of buses, ambulances, law
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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 lim-
its may be exceeded by not to exceed $3,700 for police-
type vehicles, and by not to exceed $4,000 for special 
heavy-duty vehicles: Provided further, That the limits set 
forth in this section may not be exceeded by more than 
5 percent for electric or hybrid vehicles purchased for 
demonstration under the provisions of the Electric and 
Hybrid Vehicle Research, Development, and Demonstra-
tion Act of 1976: Provided further, That the limits set 
forth in this section may be exceeded by the incremental 
cost of clean alternative fuels vehicles acquired pursuant 
to Public Law 101–549 over the cost of comparable con-
ventionally fueled vehicles. 
SEC. 604. Appropriations of the executive depart-
ments and independent establishments for the current 
fiscal year available for expenses of travel, or for the ex-
penses of the activity concerned, are hereby made avail-
able for quarters allowances and cost-of-living allowances, 
in accordance with 5 U.S.C. 5922–5924. 
SEC. 605. 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 com-
pensation of any officer or employee of the Government
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of the United States (including any agency the majority 
of the stock of which is owned by the Government of the 
United States) whose post of duty is in the continental 
United States unless such person: (1) is a citizen of the 
United States; (2) is a person in the service of the United 
States on the date of the enactment of this Act who, 
being eligible for citizenship, has filed a declaration of in-
tention to become a citizen of the United States prior to 
such date and is actually residing in the United States; 
(3) is a person who owes allegiance to the United States; 
(4) is an alien from Cuba, Poland, South Vietnam, the 
countries of the former Soviet Union, or the Baltic coun-
tries lawfully admitted to the United States for perma-
nent residence; (5) is a South Vietnamese, Cambodian, or 
Laotian refugee paroled in the United States after Janu-
ary 1, 1975; or (6) is a national of the People’s Republic 
of China who qualifies for adjustment of status pursuant 
to the Chinese Student Protection Act of 1992: Provided, 
That for the purpose of this section, an affidavit signed 
by any such person shall be considered prima facie evi-
dence that the requirements of this section with respect 
to his or her status have been complied with: Provided 
further, That any person making a false affidavit shall be 
guilty of a felony, and, upon conviction, shall be fined no 
more than $4,000 or imprisoned for not more than 1
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year, or both: Provided further, That the above penal 
clause shall be in addition to, and not in substitution for, 
any other provisions of existing law: Provided further, 
That any payment made to any officer or employee con-
trary to the provisions of this section shall be recoverable 
in action by the Federal Government. This section shall 
not apply to citizens of Ireland, Israel, or the Republic 
of the Philippines, or to nationals of those countries al-
lied with the United States in a current defense effort, 
or to international broadcasters employed by the United 
States Information Agency, or to temporary employment 
of translators, or to temporary employment in the field 
service (not to exceed 60 days) as a result of emer-
gencies. 
SEC. 606. 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 serv-
ices and those expenses of renovation and alteration of 
buildings and facilities which constitute public improve-
ments performed in accordance with the Public Buildings 
Act of 1959 (73 Stat. 749), the Public Buildings Amend-
ments of 1972 (87 Stat. 216), or other applicable law.
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SEC. 607. 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 
prevention programs. Such funds shall be available until 
expended for the following purposes: 
(1) Acquisition, waste reduction and prevention, 
and recycling programs as described in Executive 
Order No. 13101 (September 14, 1998), including 
any such programs adopted prior to the effective 
date of the Executive order. 
(2) Other Federal agency environmental 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. 608. Funds made available by this or any other 
Act for administrative expenses in the current fiscal year 
of the corporations and agencies subject to chapter 91 of 
title 31, United States Code, shall be available, in addi-
tion to objects for which such funds are otherwise avail-
able, for rent in the District of Columbia; services in ac-
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cordance with 5 U.S.C. 3109; and the objects specified 
under this head, all the provisions of which shall be appli-
cable to the expenditure of such funds unless otherwise 
specified in the Act by which they are made available: 
Provided, That in the event any functions budgeted as 
administrative expenses are subsequently transferred to 
or paid from other funds, the limitations on administra-
tive expenses shall be correspondingly reduced. 
SEC. 609. 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. 610. No part of any appropriation contained in 
this or any other Act shall be available for interagency 
financing of boards (except Federal Executive Boards), 
commissions, councils, committees, or similar groups 
(whether or not they are interagency entities) which do 
not have a prior and specific statutory approval to receive 
financial support from more than one agency or instru-
mentality. 
SEC. 611. Funds made available by this or any other 
Act to the Postal Service Fund (39 U.S.C. 2003) shall 
be available for employment of guards for all buildings 
and areas owned or occupied by the Postal Service and
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well as any other space used primarily by the individual 
or the use of which is directly controlled by the indi-
vidual. 
SEC. 615. Notwithstanding section 1346 of title 31, 
United States Code, or section 610 of this Act, funds 
made available for the current fiscal year by this or any 
other Act shall be available for the interagency funding 
of national security and emergency preparedness tele-
communications initiatives which benefit multiple Federal 
departments, agencies, or entities, as provided by Execu-
tive Order No. 12472 (April 3, 1984). 
SEC. 616. (a) None of the funds appropriated by 
this or any other Act may be obligated or expended by 
any Federal department, agency, or other instrumentality 
for the salaries or expenses of any employee appointed to 
a position of a confidential or policy-determining char-
acter 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 in-
strumentality employing the Schedule C appointee that 
the Schedule C position was not created solely or pri-
marily in order to detail the employee to the White 
House.
104
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(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; 
(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. 617. No department, agency, or instrumen-
tality of the United States receiving appropriated funds 
under this or any other Act for the current fiscal year 
shall obligate or expend any such funds, unless such de-
partment, agency, or instrumentality has in place, and
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will continue to administer in good faith, a written policy 
designed to ensure that all of its workplaces are free 
from discrimination and sexual harassment and that all 
of its workplaces are not in violation of title VII of the 
Civil Rights Act of 1964, as amended, the Age Discrimi-
nation in Employment Act of 1967, and the Rehabilita-
tion Act of 1973. 
SEC. 618. No part of any appropriation contained in 
this or any other Act shall be available for the payment 
of the salary of any officer or employee of the Federal 
Government, who—
(1) prohibits or prevents, or attempts or 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
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(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 
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. 619. (a) None of the funds made available in 
this or any other Act may be obligated or expended for 
any employee training that—
(1) does not meet identified needs for 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;
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(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 
(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. 620. No funds appropriated in this or any 
other Act may be used to implement or enforce the agree-
ments in Standard Forms 312 and 4414 of the Govern-
ment or any other nondisclosure policy, form, or agree-
ment if such policy, form, or agreement does not contain 
the following provisions: ‘‘These restrictions are con-
sistent with and do not supersede, conflict with, or other-
wise alter the employee obligations, rights, or liabilities 
created by Executive Order No. 12958; section 7211 of 
title 5, United States Code (governing disclosures to Con-
gress); section 1034 of title 10, United States Code, as
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amended by the Military Whistleblower Protection Act 
(governing disclosure to Congress by members of the 
military); section 2302(b)(8) of title 5, United States 
Code, as amended by the Whistleblower Protection Act 
(governing disclosures of illegality, waste, fraud, abuse or 
public health or safety threats); the Intelligence Identities 
Protection Act of 1982 (50 U.S.C. 421 et seq.) (gov-
erning disclosures that could expose confidential Govern-
ment agents); and the statutes which protect against dis-
closure that may compromise the national security, in-
cluding 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 defini-
tions, requirements, obligations, rights, sanctions, and li-
abilities created by said Executive order and listed stat-
utes are incorporated into this agreement and are con-
trolling.’’: Provided, That notwithstanding the preceding 
paragraph, a nondisclosure policy form or agreement that 
is to be executed by a person connected with the conduct 
of an intelligence or intelligence-related activity, other 
than an employee or officer of the United States Govern-
ment, may contain provisions appropriate to the par-
ticular 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 informa-
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any person or any organization outside of the Federal 
Government without the approval of the Committees on 
Appropriations. 
SEC. 624. No part of any appropriation contained in 
this or any other Act shall be used for publicity or propa-
ganda purposes within the United States not heretofore 
authorized by the Congress. 
SEC. 625. (a) In this section the term ‘‘agency’’—
(1) means an Executive agency as defined 
under section 105 of title 5, United States Code; 
(2) includes a military department as defined 
under section 102 of such title, the Postal Service, 
and the Postal Rate Commission; and 
(3) shall not include the General Accounting 
Office. 
(b) Unless authorized in accordance with law or reg-
ulations to use such time for other purposes, an employee 
of an agency shall use official time in an honest effort 
to perform official duties. An employee not under a leave 
system, including a Presidential appointee exempted 
under section 6301(2) of title 5, United States Code, has 
an obligation to expend an honest effort and a reasonable 
proportion of such employee’s time in the performance of 
official duties.
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SEC. 626. Notwithstanding 31 U.S.C. 1346 and sec-
tion 610 of this Act, funds made available for the current 
fiscal year by this or any other Act to any department 
or agency, which is a member of the Joint Financial 
Management Improvement Program (JFMIP), shall be 
available to finance an appropriate share of JFMIP ad-
ministrative costs, as determined by the JFMIP, but not 
to exceed a total of $800,000 including the salary of the 
Executive Director and staff support. 
SEC. 627. Notwithstanding 31 U.S.C. 1346 and sec-
tion 610 of this Act, the head of each Executive depart-
ment and agency is hereby authorized to transfer to or 
reimburse ‘‘General Services Administration, government-
wide policy’’ with the approval of the Director of the Of-
fice of Management and Budget, funds made available 
for the current fiscal year by this or any other Act, in-
cluding rebates from charge card and other contracts: 
Provided, That these funds shall be administered by the 
Administrator of General Services to support Govern-
ment-wide financial, information technology, procure-
ment, and other management innovations, initiatives, and 
activities, as approved by the Director of the Office of 
Management and Budget, in consultation with the appro-
priate interagency groups designated by the Director (in-
cluding the Chief Financial Officers Council and the
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Joint Financial Management Improvement Program for 
financial management initiatives, the Chief Information 
Officers Council for information technology initiatives, 
and the Federal Acquisition Council for procurement ini-
tiatives): Provided further, That the total funds trans-
ferred or reimbursed shall not exceed $17,000,000: Pro-
vided further, That such transfers or reimbursements 
may only be made 15 days following notification of the 
Committees on Appropriations by the Director of the Of-
fice of Management and Budget. 
SEC. 628. Notwithstanding any other provision of 
law, a woman may breastfeed her child at any location 
in a Federal building or on Federal property, if the 
woman and her child are otherwise authorized to be 
present at the location. 
SEC. 629. Notwithstanding section 1346 of title 31, 
United States Code, or section 610 of this Act, funds 
made available for the current fiscal year by this or any 
other Act shall be available for the interagency funding 
of specific projects, workshops, studies, and similar ef-
forts 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 Man-
agement and Budget shall provide a report describing the
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budget of and resources connected with the National 
Science and Technology Council to the Committees on 
Appropriations, the House Committee on Science; and 
the Senate Committee on Commerce, Science, and Trans-
portation 90 days after enactment of this Act. 
SEC. 630. 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 ap-
plicable, and the amount provided: Provided, That this 
provision shall apply to direct payments, formula funds, 
and grants received by a State receiving Federal funds. 
SEC. 631. Subsection (f) of section 403 of Public 
Law 103–356 (31 U.S.C. 501 note), as amended, is fur-
ther amended by striking ‘‘October 1, 2004’’ and insert-
ing ‘‘October 1, 2005’’. 
SEC. 632. (a) PROHIBITION OF FEDERAL AGENCY 
MONITORING OF INDIVIDUALS’ INTERNET USE.—None 
of the funds made available in this or any other Act may 
be used by any Federal agency—
(1) to collect, review, or create any aggregation 
of data, derived from any means, that includes any 
personally identifiable information relating to an in-
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dividual’s access to or use of any Federal Govern-
ment 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 aggregation of data, de-
rived from any means, that includes any personally 
identifiable information relating to an individual’s 
access to or use of any nongovernmental Internet 
site. 
(b) EXCEPTIONS.—The limitations established in 
subsection (a) shall not apply to—
(1) any record of aggregate data that does not 
identify particular persons; 
(2) any voluntary submission of personally 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:
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(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. 633. (a) None of the funds appropriated by 
this Act may be used to enter into or renew a contract 
which includes a provision providing prescription drug 
coverage, except where the contract also includes a provi-
sion for contraceptive coverage. 
(b) Nothing in this section shall apply to a contract 
with—
(1) any of the following religious plans: 
(A) Personal Care’s HMO; and 
(B) OSF Health Plans, Inc.; and 
(2) any existing or future plan, if the carrier 
for the plan objects to such coverage on the basis of 
religious beliefs. 
(c) In implementing this section, any plan that en-
ters into or renews a contract under this section may not 
subject any individual to discrimination on the basis that
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the individual refuses to prescribe or otherwise provide 
for contraceptives because such activities would be con-
trary to the individual’s religious beliefs or moral convic-
tions. 
(d) Nothing in this section shall be construed to re-
quire coverage of abortion or abortion-related services. 
SEC. 634. 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. 635. Notwithstanding any other provision of 
law, funds appropriated for official travel by Federal de-
partments and agencies may be used by such depart-
ments and agencies, if consistent with Office of Manage-
ment and Budget Circular A–126 regarding official travel 
for Government personnel, to participate in the fractional 
aircraft ownership pilot program. 
SEC. 636. None of the funds provided in this Act 
shall be used to implement or enforce regulations for lo-
cality pay areas in fiscal year 2005 that are inconsistent 
with the recommendations of the Federal Salary Council 
adopted on October 7, 2003. 
SEC. 637. Notwithstanding any other provision of 
law, none of the funds appropriated or made available 
under this Act or any other appropriations Act may be
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used to implement or enforce restrictions or limitations 
on the Coast Guard Congressional Fellowship Program, 
or to implement the proposed regulations of the Office of 
Personnel Management to add sections 300.311 through 
300.316 to part 300 of title 5 of the Code of Federal 
Regulations, published in the Federal Register, volume 
68, number 174, on September 9, 2003 (relating to the 
detail of executive branch employees to the legislative 
branch). 
SEC. 638. (a) The adjustment in rates of basic pay 
for employees under the statutory pay systems that takes 
effect in fiscal year 2005 under sections 5303 and 5304 
of title 5, United States Code, shall be an increase of 3.5 
percent, and this adjustment shall apply to civilian 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, 2005. 
(b) Notwithstanding section 613 of this Act, the ad-
justment in rates of basic pay for the statutory pay sys-
tems that take place in fiscal year 2005 under sections 
5344 and 5348 of title 5, United States Code, shall be 
no less than the percentage in paragraph (a) as employees 
in the same location whose rates of basic pay are adjusted 
pursuant to the statutory pay systems under section 5303
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and 5304 of title 5, United States Code. Prevailing rate 
employees at locations where there are no employees whose 
pay is increased pursuant to section 5303 and 5304 of 
title 5 and prevailing rate employees described in section 
5343(a)(5) of title 5 shall be considered to be located in 
the pay locality designated as ‘‘Rest of US’’ pursuant to 
section 5304 of title 5 for purposes of this paragraph. 
(c) Funds used to carry out this section shall be paid 
from appropriations, which are made to each applicable 
department or agency for salaries and expenses for fiscal 
year 2005. 
SEC. 639. None of the funds made available in this 
Act shall be available for the development or dissemination 
by the Federal Highway Administration of any version of 
a programmatic agreement which regards the Dwight D. 
Eisenhower National System of Interstate and Defense 
Highways as eligible for inclusion on the National Register 
of Historic Places. 
SEC. 640. The amounts otherwise provided by this 
Act are revised by increasing the amount made available 
for ‘‘Financial Crimes Enforcement Network—Salaries 
and Expenses’’; and reducing the amount made available 
for ‘‘General Services Administration—Real Property Ac-
tivities—Federal Buildings Fund’’ (consisting of a reduc-
tion of $12,750,000 in the amount made available for
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rental of space and a reduction of $12,750,000 in the 
amount made available for building operations); by 
$25,500,000. 
SEC. 641. None of the funds appropriated by the Act 
may be used to plan, enter into, implement, or provide 
oversight of contracts between the Secretary of the Treas-
ury, or his designee, and any private collection agency. 
SEC. 642. The amount otherwise provided by this Act 
for deposit in the Federal Buildings Fund is hereby re-
duced by $152,979,000, and, notwithstanding any other 
provision of this Act, the amount available from revenues 
and collections deposited into the Fund shall be available 
for necessary expenses of real property management and 
related activities not otherwise provided for in the aggre-
gate amount of $8,619,023,000. 
SEC. 643. None of the funds made available in this 
Act may be used by the Council of Economic Advisers to 
produce an Economic Report of the President regarding 
the inclusion of employment at a retail fast food res-
taurant as part of the definition of manufacturing employ-
ment. 
SEC. 644. None of the funds appropriated by this Act 
may be used by the Secretary of the Treasury to imple-
ment, pursuant to sections 8348(j)(1) and 8348(l)(2) of 
title 5, United States Code, any suspension of issuance
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of obligations of the United States for purchase by the 
Civil Service Retirement and Disability Fund, to imple-
ment, pursuant to sections 8438(g)(1) and 8438(h)(2) of 
such title, any suspension of issuance of obligations of the 
United States for purchase by the Thrift Savings Fund 
for the Government Securities Investment Fund, or to im-
plement, pursuant to section 8348(k)(1) of such title, any 
sale or redemption of securities, obligations, or other in-
vested assets of the Civil Service Retirement and Dis-
ability Fund before maturity. 
SEC. 645. None of the funds made available by this 
Act may be used to implement the revision to Office of 
Management and Budget Circular A–76 made on May 29, 
2003. 
SEC. 646. None of the funds appropriated by this Act 
may be used to assist in overturning the judicial ruling 
contained in the Memorandum and Order of the United 
States District Court for the Southern District of Illinois 
entered on July 31, 2003, in the action entitled Kathi Coo-
per, Beth Harrington, and Matthew Hillesheim, Individ-
ually and on Behalf of All Those Similarly Situated vs. 
IBM Personal Pension Plan and IBM Corporation (Civil 
No. 99–829–GPM). 
SEC. 647. (a) None of the funds made available in 
this Act may be used to implement, administer, or enforce
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the amendments made to section 515.560 or 515.561 of 
title 31, Code of Federal Regulations (relating to travel-
related transactions incident to travel to Cuba and visiting 
relatives in Cuba), as published in the Federal Register 
on June 16, 2004. 
(b) The limitation in subsection (a) shall not apply 
to the implementation, administration, or enforcement of 
section 515.560(c)(3) of title 31, Code of Federal Regula-
tions. 
SEC. 648. None of the funds made available in this 
Act may be used to implement, administer, or enforce the 
amendments made to paragraphs (a) and (b) of section 
515.565 of title 31, Code of Federal Regulations (relating 
to specific licenses for United States academic institutions 
and other specific licenses), as published in the Federal 
Register on June 16, 2004 (69 Fed. Reg. 33772). The 
limitation in the preceding sentence shall not apply to the 
implementation, administration, or enforcement of section 
515.560(c)(3) of title 31, Code of Federal Regulations. 
SEC. 649. None of the funds made available in this 
Act may be used to implement any sanction imposed by 
the United States on private commercial sales of agricul-
tural commodities (as defined in section 402 of the Agri-
cultural Trade Development and Assistance Act of 1954) 
or medicine or medical supplies (within the meaning of
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section 1705(c) of the Cuban Democracy Act of 1992) to 
Cuba (other than a sanction imposed pursuant to agree-
ment with one or more other countries). 
SEC. 650. None of the funds made available under 
this Act may be used to issue or implement the Depart-
ment of Transportation’s proposed regulation entitled 
Parts and Accessories Necessary for Safe Operation; Cer-
tification of Compliance With Federal Motor Vehicle Safe-
ty Standards (FMVSSs), published in the Federal Reg-
ister, volume 67, number 53, on March 19, 2002, relating 
to a phase-in period to bring vehicles into compliance with 
the requirements of the regulation. 
This Act may be cited as the ‘‘Transportation, Treas-
ury, and Independent Agencies Appropriations Act, 
2005’’.
Passed the House of Representatives September 22, 
2004. 
Attest: 
JEFF TRANDAHL, 
Clerk.