California:
Los Angeles, United States Courthouse,
$314,385,000.
San Diego, United States Courthouse,
$3,068,000.
District of Columbia:
Southeast Federal Center Site Remedi-
ation, $2,650,000.
Maine:
Calais, Border Station, $3,269,000.
Madawaska, Border Station, $1,760,000.
Maryland:
Montgomery County, Food and Drug Ad-
ministration Consolidation, $88,710,000.
Minnesota:
Warroad, Border Station, $1,837,000.
New York:
Alexandria 
Bay, 
Border 
Station,
$8,884,000.
Massena, Border Station, $15,000,000.
North Dakota:
Dunseith, Border Station, $2,301,000.
Portal, Border Station, $22,351,000.
Texas:
El Paso, Paso Del Norte Border Station,
$26,191,000.
El 
Paso, 
United 
States 
Courthouse,
$2,714,000.
El 
Paso, 
Ysleta 
Border 
Station,
$2,491,000.
Vermont:
Derby Line, Border Station, $3,348,000.
Norton, Border Station, $1,747,000.
Richford, Border Station, $1,545,000.
Nonprospectus Construction, $10,000,000.
Judgment Fund repayment, $10,000,000:
Provided, That each of the foregoing limits of costs on
new construction projects may be exceeded to the extent
that savings are effected in other such projects, but not
to exceed 10 percent of the amounts included in an ap-
proved prospectus, if required, unless advance approval is
obtained from the Committees on Appropriations of a
greater amount: Provided further, That all funds for direct
construction projects shall expire on September 30, 2006,
and remain in the Federal Buildings Fund except for
funds for projects as to which funds for design or other
funds have been obligated in whole or in part prior to such
date; (2) $931,211,000 shall remain available until ex-
pended for repairs and alterations, which includes associ-
ated design and construction services: Provided further,
That the Administrator shall fund the following projects
from repair and alterations as the limitation will allow:
Repairs and Alterations:
District of Columbia:
Eisenhower Executive Office Building,
$5,000,000.
Federal Office Building 6, $8,267,000.
Hoover FBI Building, $10,242,000.
Mary E. Switzer Building, $80,335,000.
New 
Executive 
Office 
Building,
$6,262,000.
Steam Distribution System, $2,000,000.
Theodore Roosevelt Building, $9,730,000.
Georgia:
Atlanta, Martin Luther King, Jr. Federal
Building, $14,800,000.
Atlanta, United States Court of Appeals,
$32,004,000.
Hawaii:
Hilo, Federal Building, $5,133,000.
Louisiana:
New Orleans, Boggs Federal Building,
$22,581,000.
New Orleans, Wisdom Courthouse of Ap-
peals, $8,005,000.
Maryland:
Baltimore, George H. Fallon Federal
Building, $46,163,000.
Suitland, 
National 
Record 
Center,
$7,989,000.
Woodlawn, Social Security Administration
Altmeyer Building, $6,300,000.
Minnesota:
St. Paul, Warren E. Burger Federal Build-
ing—Courthouse, $36,644,000.
Missouri:
Kansas City, Richard Bolling Federal
Building, $40,048,000.
New York:
New York, Foley Square Courthouse,
$2,505,000.
Queens, Joseph P. Addabbo Federal Build-
ing, $5,455,000.
Ohio:
Cincinnati, Potter Stewart Courthouse,
$37,975,000.
Cleveland, Celebreeze Federal Building,
$37,375,000.
Washington:
Seattle, William Nakamura Courthouse,
$50,210,000.
Special Emphasis Programs:
Chlorofluorocarbons 
Program,
$13,000,000.
Energy Program, $30,000,000.
Glass Fragment Retention, $20,000,000.
Design Program, $49,699,000.
Basic Repairs and Alterations, $394,500,000:
Provided further, That funds made available in this or any
previous Act in the Federal Buildings Fund for repairs
and alterations shall, for prospectus projects, be limited
to the amount identified for each project, except each
project in this or any previous Act may be increased by
an amount not to exceed 10 percent unless advance ap-
proval is obtained from the Committees on Appropriations
of a greater amount: Provided further, That additional
projects for which prospectuses have been fully approved
may be funded under this category only if advance ap-
proval is obtained from the Committees on Appropria-
tions: Provided further, That the amounts provided in this
or any prior Act for repairs and alterations may be used
to fund costs associated with implementing security im-
provements to buildings necessary to meet the minimum
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
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.
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,
$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-
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.
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-
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.
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.
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
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
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.
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.
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)
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
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;
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.
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-
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
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.
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-
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
under the charge and control of the Postal Service, and
such guards shall have, with respect to such property, the
powers of special policemen provided by the first section
of the Act of June 1, 1948, as amended (62 Stat. 281;
40 U.S.C. 318), and, as to property owned or occupied
by the Postal Service, the Postmaster General may take
the same actions as the Administrator of General Serv-
ices may take under the provisions of sections 2 and 3
of the Act of June 1, 1948, as amended (62 Stat. 281;
40 U.S.C. 318a and 318b), attaching thereto penal con-
sequences under the authority and within the limits pro-
vided in section 4 of the Act of June 1, 1948, as amend-
ed (62 Stat. 281; 40 U.S.C. 318c).
SEC. 612. None of the funds made available pursu-
ant to the provisions of this Act shall be used to imple-
ment, administer, or enforce any regulation which has
been disapproved pursuant to a resolution of disapproval
duly adopted in accordance with the applicable law of the
United States.
SEC. 613. (a) Notwithstanding any other provision
of law, and except as otherwise provided in this section,
no part of any of the funds appropriated for fiscal year
2005, by this or any other Act, may be used to pay any
prevailing 
rate 
employee 
described 
in 
section
5342(a)(2)(A) of title 5, United States Code—
100
(1) during the period from the date of expira-
tion of the limitation imposed by the comparable sec-
tion for previous fiscal years until the normal effec-
tive date of the applicable wage survey adjustment
that is to take effect in fiscal year 2005, in an
amount that exceeds the rate payable for the appli-
cable grade and step of the applicable wage schedule
in accordance with such section; and
(2) during the period consisting of the remain-
der of fiscal year 2005, in an amount that exceeds,
as a result of a wage survey adjustment, the rate
payable under paragraph (1) by more than the sum
of—
(A) the percentage adjustment taking ef-
fect in fiscal year 2005 under section 5303 of
title 5, United States Code, in the rates of pay
under the General Schedule; and
(B) the difference between the overall aver-
age percentage of the locality-based com-
parability payments taking effect in fiscal year
2005 under section 5304 of such title (whether
by adjustment or otherwise), and the overall av-
erage percentage of such payments which was
effective in the previous fiscal year under such
section.
101
(b) Notwithstanding any other provision of law, no
prevailing rate employee described in subparagraph (B)
or (C) of section 5342(a)(2) of title 5, United States
Code, and no employee covered by section 5348 of such
title, may be paid during the periods for which subsection
(a) is in effect at a rate that exceeds the rates that would
be payable under subsection (a) were subsection (a) ap-
plicable to such employee.
(c) For the purposes of this section, the rates pay-
able to an employee who is covered by this section and
who is paid from a schedule not in existence on Sep-
tember 30, 2004, shall be determined under regulations
prescribed by the Office of Personnel Management.
(d) Notwithstanding any other provision of law,
rates of premium pay for employees subject to this sec-
tion may not be changed from the rates in effect on Sep-
tember 30, 2004, except to the extent determined by the
Office of Personnel Management to be consistent with
the purpose of this section.
(e) This section shall apply with respect to pay for
service performed after September 30, 2004.
(f) For the purpose of administering any provision
of law (including any rule or regulation that provides pre-
mium pay, retirement, life insurance, or any other em-
ployee benefit) that requires any deduction or contribu-
102
tion, or that imposes any requirement or limitation on
the basis of a rate of salary or basic pay, the rate of sal-
ary or basic pay payable after the application of this sec-
tion shall be treated as the rate of salary or basic pay.
(g) Nothing in this section shall be considered to
permit or require the payment to any employee covered
by this section at a rate in excess of the rate that would
be payable were this section not in effect.
(h) The Office of Personnel Management may pro-
vide for exceptions to the limitations imposed by this sec-
tion if the Office determines that such exceptions are
necessary to ensure the recruitment or retention of quali-
fied employees.
SEC. 614. During the period in which the head of
any department or agency, or any other officer or civilian
employee of the Government appointed by the President
of the United States, holds office, no funds may be obli-
gated or expended in excess of $5,000 to furnish or re-
decorate the office of such department head, agency
head, officer, or employee, or to purchase furniture or
make improvements for any such office, unless advance
notice of such furnishing or redecoration is expressly ap-
proved by the Committees on Appropriations. For the
purposes of this section, the term ‘‘office’’ shall include
the entire suite of offices assigned to the individual, as
103
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
(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
105
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
106
(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;
107
(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
108
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-
110
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.
111
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
112
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
113
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-
114
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:
115
(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
116
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
117
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
118
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
119
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
120
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
121
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