H. R. 2673—273
Administration pursuant to section 7131 of title 5, United States
Code, and for facilities or support services for labor organizations
pursuant to policies, regulations, or procedures referred to in section
7135(b) of such title shall be made by the Secretary of the Treasury,
with interest, from amounts in the general fund not otherwise
appropriated, as soon as possible after such expenditures are made.
In addition, $120,000,000 to be derived from administration
fees in excess of $5.00 per supplementary payment collected pursu-
ant to section 1616(d) of the Social Security Act or section 212(b)(3)
of Public Law 93–66, which shall remain available until expended.
To the extent that the amounts collected pursuant to such section
1616(d) or 212(b)(3) in fiscal year 2004 exceed $120,000,000, the
amounts shall be available in fiscal year 2005 only to the extent
provided in advance in appropriations Acts.
From funds previously appropriated for this purpose, any
unobligated balances at the end of fiscal year 2003 shall be available
to continue Federal-State partnerships which will evaluate means
to promote Medicare buy-in programs targeted to elderly and dis-
abled individuals under titles XVIII and XIX of the Social Security
Act.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $24,500,000, together with not to exceed
$63,700,000, to be transferred and expended as authorized by sec-
tion 201(g)(1) of the Social Security Act from the Federal Old-
Age and Survivors Insurance Trust Fund and the Federal Disability
Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the ‘‘Limita-
tion on Administrative Expenses’’, Social Security Administration,
to be merged with this account, to be available for the time and
purposes for which this account is available: Provided, That notice
of such transfers shall be transmitted promptly to the Committees
on Appropriations of the House and Senate.
UNITED STATES INSTITUTE OF PEACE
OPERATING EXPENSES
For necessary expenses of the United States Institute of Peace
as authorized in the United States Institute of Peace Act,
$17,200,000.
TITLE V—GENERAL PROVISIONS
SEC. 501. The Secretaries of Labor, Health and Human Serv-
ices, and Education are authorized to transfer unexpended balances
of prior appropriations to accounts corresponding to current appro-
priations provided in this Act: Provided, That such transferred
balances are used for the same purpose, and for the same periods
of time, for which they were originally appropriated.
SEC. 502. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
H. R. 2673—274
SEC. 503. (a) No part of any appropriation contained in this
Act shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for
the preparation, distribution, or use of any kit, pamphlet, booklet,
publication, radio, television, or video presentation designed to sup-
port or defeat legislation pending before the Congress or any State
legislature, except in presentation to the Congress or any State
legislature itself.
(b) No part of any appropriation contained in this Act shall
be used to pay the salary or expenses of any grant or contract
recipient, or agent acting for such recipient, related to any activity
designed to influence legislation or appropriations pending before
the Congress or any State legislature.
SEC. 504. The Secretaries of Labor and Education are author-
ized to make available not to exceed $28,000 and $20,000, respec-
tively, from funds available for salaries and expenses under titles
I and III, respectively, for official reception and representation
expenses; the Director of the Federal Mediation and Conciliation
Service is authorized to make available for official reception and
representation expenses not to exceed $5,000 from the funds avail-
able for ‘‘Salaries and expenses, Federal Mediation and Conciliation
Service’’; and the Chairman of the National Mediation Board is
authorized to make available for official reception and representa-
tion expenses not to exceed $5,000 from funds available for ‘‘Salaries
and expenses, National Mediation Board’’.
SEC. 505. Notwithstanding any other provision of this Act,
no funds appropriated under this Act shall be used to carry out
any program of distributing sterile needles or syringes for the
hypodermic injection of any illegal drug.
SEC. 506. (a) It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products purchased
with funds made available in this Act should be American-made.
(b) In providing financial assistance to, or entering into any
contract with, any entity using funds made available in this Act,
the head of each Federal agency, to the greatest extent practicable,
shall provide to such entity a notice describing the statement made
in subsection (a) by the Congress.
(c) If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bearing a
‘‘Made in America’’ inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States
that is not made in the United States, the person shall be ineligible
to receive any contract or subcontract made with funds made avail-
able in this Act, pursuant to the debarment, suspension, and ineligi-
bility procedures described in sections 9.400 through 9.409 of title
48, Code of Federal Regulations.
SEC. 507. When issuing statements, press releases, requests
for proposals, bid solicitations and other documents describing
projects or programs funded in whole or in part with Federal
money, all grantees receiving Federal funds included in this Act,
including but not limited to State and local governments and recipi-
ents of Federal research grants, shall clearly state: (1) the percent-
age of the total costs of the program or project which will be
financed with Federal money; (2) the dollar amount of Federal
funds for the project or program; and (3) percentage and dollar
amount of the total costs of the project or program that will be
financed by non-governmental sources.
H. R. 2673—275
SEC. 508. (a) None of the funds appropriated under this Act,
and none of the funds in any trust fund to which funds are appro-
priated under this Act, shall be expended for any abortion.
(b) None of the funds appropriated under this Act, and none
of the funds in any trust fund to which funds are appropriated
under this Act, shall be expended for health benefits coverage
that includes coverage of abortion.
(c) The term ‘‘health benefits coverage’’ means the package
of services covered by a managed care provider or organization
pursuant to a contract or other arrangement.
SEC. 509. (a) The limitations established in the preceding sec-
tion shall not apply to an abortion—
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a life-
endangering physical condition caused by or arising from the
pregnancy itself, that would, as certified by a physician, place
the woman in danger of death unless an abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State’s or
locality’s contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State’s or locality’s contribution of Medicaid matching
funds).
SEC. 510. (a) None of the funds made available in this Act
may be used for—
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses
in utero under 45 CFR 46.208(a)(2) and section 498(b) of the
Public Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ‘‘human embryo
or embryos’’ includes any organism, not protected as a human
subject under 45 CFR 46 as of the date of the enactment of this
Act, that is derived by fertilization, parthenogenesis, cloning, or
any other means from one or more human gametes or human
diploid cells.
SEC. 511. (a) None of the funds made available in this Act
may be used for any activity that promotes the legalization of
any drug or other substance included in schedule I of the schedules
of controlled substances established by section 202 of the Controlled
Substances Act (21 U.S.C. 812).
(b) The limitation in subsection (a) shall not apply when there
is significant medical evidence of a therapeutic advantage to the
use of such drug or other substance or that federally sponsored
clinical trials are being conducted to determine therapeutic advan-
tage.
SEC. 512. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract with
an entity if—
H. R. 2673—276
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in section 4212(d)
of title 38, United States Code, regarding submission of an
annual report to the Secretary of Labor concerning employment
of certain veterans; and
(2) such entity has not submitted a report as required
by that section for the most recent year for which such require-
ment was applicable to such entity.
SEC. 513. None of the funds made available in this Act may
be used to promulgate or adopt any final standard under section
1173(b) of the Social Security Act (42 U.S.C. 1320d–2(b)) providing
for, or providing for the assignment of, a unique health identifier
for an individual (except in an individual’s capacity as an employer
or a health care provider), until legislation is enacted specifically
approving the standard.
SEC. 514. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appro-
priation Act.
SEC. 515. (a) IN GENERAL.—Amounts made available under
this Act for the administrative and related expenses for depart-
mental management for the Department of Labor, the Department
of Health and Human Services, and the Department of Education
shall be reduced on a pro rata basis by $50,000,000: Provided,
That not later than 15 days after the enactment of this Act, the
Director of the Office of Management and Budget shall report
to the House and Senate Committees on Appropriations the
accounts subject to the pro rata reductions and the amount to
be reduced in each account.
(b) LIMITATION.—The reduction required by subsection (a) shall
not apply to the Food and Drug Administration and the Indian
Health Service.
SEC. 516. None of the funds made available by this Act to
carry out the Library Services and Technology Act may be made
available to any library covered by paragraph (1) of section 224(f)
of such Act (20 U.S.C. 9134(f)), as amended by the Children’s
Internet Protections Act, unless such library has made the certifi-
cations required by paragraph (4) of such section.
SEC. 517. None of the funds made available by this Act to
carry out part D of title II of the Elementary and Secondary
Education Act of 1965 may be made available to any elementary
or secondary school covered by paragraph (1) of section 2441(a)
of such Act (20 U.S.C. 6777(a)), as amended by the Children’s
Internet Protections Act and the No Child Left Behind Act, unless
the local educational agency with responsibility for such covered
school has made the certifications required by paragraph (2) of
such section.
This division may be cited as the ‘‘Departments of Labor, Health
and Human Services, and Education, and Related Agencies Appro-
priations Act, 2004’’.
H. R. 2673—277
DIVISION F—DEPARTMENTS OF TRANSPORTATION AND
TREASURY, AND INDEPENDENT AGENCIES APPRO-
PRIATIONS ACT, 2004
An Act
Making appropriations for the Departments of Transportation and Treasury, and
independent agencies for the fiscal year ending September 30, 2004, and for
other purposes.
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Departments of
Transportation and Treasury and independent agencies for the
fiscal year ending September 30, 2004, and for other purposes,
namely:
TITLE I
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
SALARIES AND EXPENSES
For necessary expenses of the Office of the Secretary,
$80,903,000, of which not to exceed $2,210,000 shall be available
for the immediate Office of the Secretary; not to exceed $700,000
shall be available for the immediate Office of the Deputy Secretary;
not to exceed $15,403,000 shall be available for the Office of the
General Counsel; not to exceed $12,312,000 shall be available for
the Office of the Under Secretary of Transportation for Policy;
not to exceed $8,536,000 shall be available for the Office of the
Assistant Secretary for Budget and Programs; not to exceed
$2,300,000 shall be available for the Office of the Assistant Sec-
retary for Governmental Affairs; not to exceed $24,612,000 shall
be available for the Office of the Assistant Secretary for Administra-
tion; not to exceed $1,915,000 shall be available for the Office
of Public Affairs; not to exceed $1,447,000 shall be available for
the Office of the Executive Secretariat; not to exceed $700,000
shall be available for the Board of Contract Appeals; not to exceed
$1,268,000 shall be available for the Office of Small and Disadvan-
taged Business Utilization; not to exceed $2,000,000 for the Office
of Intelligence and Security; and not to exceed $7,500,000 shall
be available for the Office of the Chief Information Officer: Provided,
That the Secretary of Transportation is authorized to transfer funds
appropriated for any office of the Office of the Secretary to any
other office of the Office of the Secretary: Provided further, That
no appropriation for any office shall be increased or decreased
by more than 5 percent by all such transfers: Provided further,
That any change in funding greater than 5 percent shall be sub-
mitted for approval to the House and Senate Committees on Appro-
priations: Provided further, That not to exceed $60,000 shall be
for allocation within the Department for official reception and rep-
resentation expenses as the Secretary may determine: Provided
further, That notwithstanding any other provision of law, excluding
H. R. 2673—278
fees authorized in Public Law 107–71, there may be credited to
this appropriation up to $2,500,000 in funds received in user fees:
Provided further, That none of the funds provided in this Act
shall be available for the position of Assistant Secretary for Public
Affairs.
OFFICE OF CIVIL RIGHTS
For necessary expenses of the Office of Civil Rights, $8,569,000.
TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, to remain available until expended, $20,864,000.
WORKING CAPITAL FUND
Necessary expenses for operating costs and capital outlays of
the Working Capital Fund, not to exceed $116,715,000, shall be
paid from appropriations made available to the Department of
Transportation: Provided, That such services shall be provided on
a competitive basis to entities within the Department of Transpor-
tation: Provided further, That the above limitation on operating
expenses shall not apply to non-DOT entities: Provided further,
That no funds appropriated in this Act to an agency of the Depart-
ment shall be transferred to the Working Capital Fund without
the approval of the agency modal administrator: Provided further,
That no assessments may be levied against any program, budget
activity, subactivity or project funded by this Act unless notice
of such assessments and the basis therefor are presented to the
House and Senate Committees on Appropriations and are approved
by such Committees.
MINORITY BUSINESS RESOURCE CENTER PROGRAM
For the cost of guaranteed loans, $500,000, as authorized by
49 U.S.C. 332: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these
funds are available to subsidize total loan principal, any part of
which is to be guaranteed, not to exceed $18,367,000. In addition,
for administrative expenses to carry out the guaranteed loan pro-
gram, $400,000.
MINORITY BUSINESS OUTREACH
For necessary expenses of Minority Business Resource Center
outreach activities, $3,000,000, to remain available until September
30, 2005: Provided, That notwithstanding 49 U.S.C. 332, these
funds may be used for business opportunities related to any mode
of transportation.
PAYMENTS TO AIR CARRIERS
(AIRPORT AND AIRWAY TRUST FUND)
In addition to funds made available from any other source
to carry out the essential air service program under 49 U.S.C.
H. R. 2673—279
41731 through 41742, $52,000,000, to be derived from the Airport
and Airway Trust Fund, to remain available until expended.
FEDERAL AVIATION ADMINISTRATION
OPERATIONS
For necessary expenses of the Federal Aviation Administration,
not otherwise provided for, including operations and research activi-
ties related to commercial space transportation, administrative
expenses for research and development, establishment of air naviga-
tion facilities, the operation (including leasing) and maintenance
of aircraft, subsidizing the cost of aeronautical charts and maps
sold to the public, lease or purchase of passenger motor vehicles
for replacement only, in addition to amounts made available by
Public Law 104–264, $7,530,925,000, of which $4,500,000,000 shall
be derived from the Airport and Airway Trust Fund, of which
not to exceed $6,053,724,000 shall be available for air traffic services
program activities; not to exceed $880,684,000 shall be available
for aviation regulation and certification program activities; not to
exceed $218,481,000 shall be available for research and acquisition
program activities; not to exceed $11,776,000 shall be available
for commercial space transportation program activities; not to
exceed $49,783,000 shall be available for financial services program
activities; not to exceed $76,529,000 shall be available for human
resources program activities; not to exceed $86,749,000 shall be
available for regional coordination program activities; not to exceed
$143,150,000 shall be available for staff offices; and not to exceed
$29,681,000 shall be available for information services: Provided,
That none of the funds in this Act shall be available for the
Federal Aviation Administration to finalize or implement any regu-
lation that would promulgate new aviation user fees not specifically
authorized by law after the date of the enactment of this Act:
Provided further, That there may be credited to this appropriation
funds received from States, counties, municipalities, foreign authori-
ties, other public authorities, and private sources, for expenses
incurred in the provision of agency services, including receipts
for the maintenance and operation of air navigation facilities, and
for issuance, renewal or modification of certificates, including air-
man, aircraft, and repair station certificates, or for tests related
thereto, or for processing major repair or alteration forms: Provided
further, That of the funds appropriated under this heading, not
less than $6,500,000 shall be for the contract tower cost-sharing
program: Provided further, That funds may be used to enter into
a grant agreement with a nonprofit standard-setting organization
to assist in the development of aviation safety standards: Provided
further, That none of the funds in this Act shall be available
for new applicants for the second career training program: Provided
further, That none of the funds in this Act shall be available
for paying premium pay under 5 U.S.C. 5546(a) to any Federal
Aviation Administration employee unless such employee actually
performed work during the time corresponding to such premium
pay: Provided further, That none of the funds in this Act may
be obligated or expended to operate a manned auxiliary flight
service station in the contiguous United States: Provided further,
That none of the funds in this Act for aeronautical charting and
cartography are available for activities conducted by, or coordinated
through, the Working Capital Fund: Provided further, That of the
H. R. 2673—280
amount appropriated under this heading, not to exceed $50,000
may be transferred to the Aircraft Loan Purchase Guarantee Pro-
gram: Provided further, That not later than March 1, 2004, the
Secretary of Transportation, in consultation with the Administrator
of the Federal Aviation Administration, shall issue final regulations,
pursuant to 5 U.S.C. 8335, establishing an exemption process
allowing individual air traffic controllers to delay mandatory retire-
ment until the employee reaches no later than 61 years of age:
Provided further, That of the funds provided under this heading,
$4,000,000 is available only for recruitment, personnel compensa-
tion and benefits, and related costs to raise the level of operational
air traffic control supervisors to the level of 1,726: Provided further,
That none of the funds in this Act may be obligated or expended
to execute or continue to implement a memorandum of under-
standing or memorandum of agreement (or any revisions thereto)
with representatives of any FAA bargaining unit after January
1, 2004, unless such document is filed in a central registry and
catalogued in an automated, searchable database under the execu-
tive direction of appropriate management representatives at FAA
headquarters: Provided further, That none of the funds in this
Act may be obligated or expended for an employee of the Federal
Aviation Administration to purchase a store gift card or gift certifi-
cate through use of a Government-issued credit card.
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
For necessary expenses, not otherwise provided for, for acquisi-
tion, establishment, technical support services, improvement by
contract or purchase, and hire of air navigation and experimental
facilities and equipment, as authorized under part A of subtitle
VII of title 49, United States Code, including initial acquisition
of necessary sites by lease or grant; engineering and service testing,
including construction of test facilities and acquisition of necessary
sites by lease or grant; construction and furnishing of quarters
and related accommodations for officers and employees of the Fed-
eral Aviation Administration stationed at remote localities where
such accommodations are not available; and the purchase, lease,
or transfer of aircraft from funds available under this heading;
to be derived from the Airport and Airway Trust Fund,
$2,910,000,000, of which $2,489,158,800 shall remain available until
September 30, 2006, and of which $420,841,200 shall remain avail-
able until September 30, 2004: Provided, That there may be credited
to this appropriation funds received from States, counties, munici-
palities, other public authorities, and private sources, for expenses
incurred in the establishment and modernization of air navigation
facilities: Provided further, That upon initial submission to the
Congress of the fiscal year 2005 President’s budget, the Secretary
of Transportation shall transmit to the Congress a comprehensive
capital investment plan for the Federal Aviation Administration
which includes funding for each budget line item for fiscal years
2005 through 2009, with total funding for each year of the plan
constrained to the funding targets for those years as estimated
and approved by the Office of Management and Budget: Provided
further, That of the funds provided under this heading, not less
than $3,000,000 is for contract audit services provided by the
Defense Contract Audit Agency: Provided further, That of the funds
H. R. 2673—281
provided under this heading, $25,000,000 is available only for the
Houston Area Air Traffic System.
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
(RESCISSION)
Of the available balances under this heading, $30,000,000 are
rescinded.
RESEARCH, ENGINEERING, AND DEVELOPMENT
(AIRPORT AND AIRWAY TRUST FUND)
For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized under part
A of subtitle VII of title 49, United States Code, including construc-
tion of experimental facilities and acquisition of necessary sites
by lease or grant, $119,439,000, to be derived from the Airport
and Airway Trust Fund and to remain available until September
30, 2006: Provided, That there may be credited to this appropriation
funds received from States, counties, municipalities, other public
authorities, and private sources, for expenses incurred for research,
engineering, and development.
GRANTS-IN-AID FOR AIRPORTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(AIRPORT AND AIRWAY TRUST FUND)
For liquidation of obligations incurred for grants-in-aid for air-
port planning and development, and noise compatibility planning
and programs as authorized under subchapter I of chapter 471
and subchapter I of chapter 475 of title 49, United States Code,
and under other law authorizing such obligations; for procurement,
installation, and commissioning of runway incursion prevention
devices and systems at airports of such title; for grants authorized
under section 41743 of title 49, United States Code; and for inspec-
tion activities and administration of airport safety programs,
including those related to airport operating certificates under sec-
tion 44706 of title 49, United States Code, $3,400,000,000, to be
derived from the Airport and Airway Trust Fund and to remain
available until expended: Provided, That none of the funds under
this heading shall be available for the planning or execution of
programs the obligations for which are in excess of $3,400,000,000
in fiscal year 2004, notwithstanding section 47117(g) of title 49,
United States Code: Provided further, That none of the funds under
this heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas, or
other airport improvements that are necessary to install bulk explo-
sive detection systems: Provided further, That notwithstanding any
other provision of law, not more than $66,254,000 of funds limited
under this heading shall be obligated for administration and not
less than $20,000,000 shall be for the Small Community Air Service
Development Pilot Program.