To prohibit the use of funds for implementing the 2003 revision of Office of Management and Budget Circular A-76.

TEXT OF AMENDMENTS

SA 1899. Mr. SHELBY (for himself and Mrs. Murray) proposed an
amendment to the bill H.R. 2989, making appropriations for the
Departments of Transportation and Treasury, and independent agencies
for the fiscal year ending September 30, 2004, and for other purposes;
as follows:

Strike all after the enacting clause and insert in lieu
thereof the following:

That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Departments
of Transportation and Treasury, the Executive Office of the
President, and certain 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,
$91,276,000, of which not to exceed $2,500,000 shall be
available for the immediate Office of the Secretary; not to
exceed $706,000 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 $2,477,000
shall be available for the Office of the Assistant Secretary
for Governmental Affairs; not to exceed $28,882,000 shall be
available for the Office of the Assistant Secretary for
Administration; not to exceed $1,915,000 shall be available
for the Office of Public Affairs; not to exceed $1,458,000
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 Disadvantaged
Business Utilization; not to exceed $1,792,000 for the Office
of Intelligence and Security; and not to exceed $13,327,000
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 submitted
for approval to the House and Senate Committees on
Appropriations: Provided further, That not to exceed $60,000
shall be for allocation within the Department for official
reception and representation expenses as the Secretary may
determine: Provided further, That notwithstanding any other
provision of law, excluding fees authorized in Public Law
107-71, there may be credited to this appropriation up to
$2,500,000 in funds received in

[[Page S13151]]

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, $15,836,000.

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 Transportation: 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 Department 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 program, $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. 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 activities related to commercial
space transportation, administrative expenses for research
and development, establishment of air navigation 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, $7,535,648,000, of which
$6,000,000,000 shall be derived from the Airport and Airway
Trust Fund, of which not to exceed $6,047,300,000 shall be
available for air traffic services program activities; not to
exceed $873,374,000 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 $12,601,000
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 $77,029,000 shall be available for human resources
program activities; not to exceed $84,749,000 shall be
available for regional coordination program activities; not
to exceed $142,650,000 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 regulation 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 authorities, 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 airman, 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 amount appropriated under this heading,
not to exceed $50,000 may be transferred to the Aircraft Loan
Purchase Gurantee Program.

Facilities and Equipment

(airport and airway trust fund)

For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services,
improvement by contract or purchase, hire of air navigation
and experimental facilities and equipment and other capital
facilities and equipment in direct support of the National
Airspace System, 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 Federal
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, $2,916,000,000, of which $2,480,520,000 shall remain
available until September 30, 2006, and of which $435,480,000
shall remain available until September 30, 2004: Provided,
That of the total amount made available under this heading,
$100,000,000 shall be transferred to the heading ``Grants-in-
Aid for Airports'' and shall not be subject to the obligation
limitation stated therein and shall remain available until
expended: Provided further, That there may be credited to
this appropriation funds received from States, counties,
municipalities, 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.

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 construction of experimental facilities and
acquisition of necessary sites by lease or grant,
$118,939,000, 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 airport 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 inspection
activities and administration of airport safety programs,
including those related to airport operating certificates
under section 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 explosive detection systems: Provided further, That
notwithstanding any other provision of law, not more than
$66,638,000 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.

[[Page S13152]]

Aviation Insurance Revolving Fund

The Secretary of Transportation is hereby authorized to
make such expenditures and investments, within the limits of
funds available pursuant to 49 U.S.C. 44307, and in
accordance with section 104 of the Government Corporation
Control Act, as amended (31 U.S.C. 9104), as may be necessary
in carrying out the program for aviation insurance activities
under chapter 443 of title 49, United States Code.

General Provisions--Federal Aviation Administration

Sec. 101. Notwithstanding any other provision of law,
airports may transfer, without consideration, to the Federal
Aviation Administration (FAA) instrument landing systems
(along with associated approach lighting equipment and runway
visual range equipment) which conform to FAA design and
performance specifications, the purchase of which was
assisted by a Federal airport-aid program, airport
development aid program or airport improvement program grant:
Provided, That, the Federal Aviation Administration shall
accept such equipment, which shall thereafter be operated and
maintained by FAA in accordance with agency criteria.
Sec. 102. None of the funds in this Act may be used to
compensate in excess of 350 technical staff-years under the
federally funded research and development center contract
between the Federal Aviation Administration and the Center
for Advanced Aviation Systems Development during fiscal year
2004.
Sec. 103. None of the funds in this Act shall be used to
pursue or adopt guidelines or regulations requiring airport
sponsors to provide to the Federal Aviation Administration
without cost building construction, maintenance, utilities
and expenses, or space in airport sponsor-owned buildings for
services relating to air traffic control, air navigation, or
weather reporting: Provided, That the prohibition of funds in
this section does not apply to negotiations between the
agency and airport sponsors to achieve agreement on ``below-
market'' rates for these items or to grant assurances that
require airport sponsors to provide land without cost to the
FAA for air traffic control.
Sec. 104. For an airport project that the Administrator of
the Federal Aviation Administration (FAA) determines will add
critical airport capacity to the national air transportation
system, the Administrator is authorized to accept funds from
an airport sponsor, including entitlement funds provided
under the ``Grants-in-Aid for Airports'' program, for the FAA
to hire additional staff or obtain the services of
consultants: Provided, That the Administrator is authorized
to accept and utilize such funds only for the purpose of
facilitating the timely processing, review, and completion of
environmental activities associated with such project.

Federal Highway Administration

Limitation on Administrative Expenses

Necessary expenses for administration and operation of the
Federal Highway Administration, not to exceed $337,834,000,
shall be paid in accordance with law from appropriations made
available by this Act to the Federal Highway Administration
together with advances and reimbursements received by the
Federal Highway Administration: Provided, That of the funds
available under section 104(a)(1)(A) of title 23, United
States Code: $20,000,000 shall be available to provide grants
to States for the development or enhancement of notification
or communications systems along highways for alerts and other
information for the recovery of abducted children under
section 303 of Public Law 108-21; $175,000,000 shall be
available to enable the Secretary of Transportation to make
grants for surface transportation projects, and shall remain
available until expended; $7,000,000 shall be available for
environmental streamlining activities, which may include
making grants to, or entering into contracts, cooperative
agreements, and other transactions, with a Federal agency,
State agency, local agency, authority, association, nonprofit
or for-profit corporation, or institution of higher
education.

Federal-Aid Highways

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

None of the funds in this Act shall be available for the
implementation or execution of programs, the obligations for
which are in excess of $33,843,000,000 for Federal-aid
highways and highway safety construction programs for fiscal
year 2004: Provided, That within the $33,843,000,000
obligation limitation on Federal-aid highways and highway
safety construction programs, not more than $462,500,000
shall be available for the implementation or execution of
programs for transportation research (sections 502, 503, 504,
506, 507, and 508 of title 23, United States Code, as
amended; section 5505 of title 49, Unites States Code, as
amended; and sections 5112 and 5204-5209 of Public Law 105-
178) for fiscal year 2003: Provided further, That this
limitation on transportation research programs shall not
apply to any authority previously made available for
obligation: Provided further, That within the $232,000,000
obligation limitation on Intelligent Transportation Systems,
the following sums shall be made available for Intelligent
Transportation System projects that are designed to achieve
the goals and purposes set forth in section 5203 of the
Intelligent Transportation Systems Act of 1998 (subtitle C of
title V of Public Law 105-178; 112 Stat. 453; 23 U.S.C. 502
note) in the following specified areas:
511 Traveler Information Program, North Carolina, $400,000;
Advanced Ticket Collection and Passenger Information
Systems, New Jersey, $1,500,000;
Advanced Traffic Analysis Center, North Dakota, $500,000;
Advanced Transportation Management Systems (AMTS),
Montgomery County, Maryland, $1,000,000;
ATR Transportation Technology/CVISN, New Mexico,
$1,000,000;
Auburn, Auburn Way South ITS, Washington, $1,600,000;
Cargo Watch Logistics Information System, New York,
$4,000,000;
CCTA Intelligent Transportation Systems, Vermont,
$1,000,000;
Central Florida Regional Transportation Authority: North
Orange/South Seminole ITS Enhanced Circulator, $2,500,000;
City of Boston Intelligent Transportation Systems,
Massachusetts, $1,750,000;
City of Huntsville, Alabama ITS, $5,000,000;
City of Shreveport Intelligent Transportation System
Deployment, Louisiana, $1,000,000;
Clark County Transit, VAST ITS, Washington, $1,600,000;
Dynamic Changeable Message Signs--Urban Interstate System,
Iowa, $1,000,000;
Fiber Optic Signal Interconnect System, Arizona,
$4,000,000;
Germantown Parkway ITS Project, Tennessee, $3,000,000;
GMU ITS, Virginia, $2,000,000;
Great Lakes ITS, Michigan, $2,000,000;
Greater Philadelphia Chamber of Commerce ITS System,
Pennsylvania, $2,000,000;
Hillsborough Area Regional Transit Bus Tracking,
Communication and Security, Florida, $1,000,000;
Hoosier SAFE-T, Indiana, $3,500,000;
I-70 Incident Management Plan, Colorado, $3,000,000;
Intelligent Transportation Systems--Phases II and III,
Ohio, $1,250,000;
Intelligent Transportation Systems [ITS] Statewide and
Commercial Vehicle Information Systems Network [CVISN],
Maryland, $1,000,000;
Intelligent Transportation Systems, Illinois, $4,000,000;
Iowa Transit Communications, $1,500,000;
ITS Expansion in Davis and Utah Counties, Utah, $1,250,000;
ITS, Cache Valley, Utah, $1,000,000;
Jacksonville Transportation Authority: Intelligent
Transportation Systems Regional Planning, Florida,
$1,000,000;
King County, Countywide Signaling Program, Washington,
$1,500,000;
Lewis & Clark 511 Coalition, Montana, $1,000,000;
Lincoln, Nebraska StarTran Automatic Vehicle Location
System, $1,000,000;
Maine Statewide ITS, $1,000,000;
MARTA Automated Fare Collection/Smart Card System, Georgia,
$1,500,000;
Mid-America Surface Transportation Weather Research
Institute, North Dakota, $1,000,000;
Missouri Statewide Rural ITS, $5,000,000;
Nebraska Statewide Intelligent Transportation System
Deployment, $2,000,000;
Oklahoma Statewide ITS, $5,000,000;
Port of Anchorage Intermodal Facility, Alaska, $1,500,000;
Program of Projects, Washington, $5,400,000;
RIPTA ITS Program Phase II, Rhode Island, $1,500,000;
Real Time Transit Passenger Information System for the
Prince George's County Department of Public Works, Maryland,
$1,000,000;
Sacramento Area Council of Governments--ITS Projects,
California, $4,000,000;
SCDOT InRoads, South Carolina, $3,000,000;
Seattle City Center ITS, Washington, $2,500,000;
Springfield, Missouri Regional ITS, $2,000,000;
State of Vermont Interstate Variable Message Signs and
Weather Information Stations, $1,000,000;
Statewide AVL Initiative, Nebraska, $750,000;
TalTran: ITS Smart Bus Implementation, Florida, $1,500,000;
Texas Medical Center Early Warning Transportation System,
$2,000,000;
Texas Statewide ITS Deployment and Integration, $1,000,000;
Town of Cary: Computerized Traffic Signal System Project,
North Carolina, $1,600,000;
Transportation Research Center [TRC] for Freight, Trade,
Security, and Economic Strength, Georgia, $1,000,000;
Tri-County Automated System Project, University of Southern
Mississippi, $1,000,000;
Tukwila, Signalization Interconnect and Intelligent
Transportation, Washington, $1,400,000;
Twin Cities, Minnesota Redundant Communications Pilot,
$2,000,000;
UAB Center for Injury Sciences, Birmingham, Alabama,
$2,000,000;
University of Alaska Transportation Research Center,
$2,000,000;
University of Kentucky Transportation Center, $1,500,000;
University of Oklahoma Intelligent Bridge System Research,
$3,000,000;
Wisconsin State Patrol Mobile Data Computer Network Phase
II, $3,000,000;
Wyoming Statewide ITS Initiative, $5,000,000.

[[Page S13153]]

Federal-Aid Highways

(liquidation of contract authorization)

(highway trust fund)

Notwithstanding any other provision of law, for carrying
out the provisions of title 23, United States Code, that are
attributable to Federal-aid highways, including the National
Scenic and Recreational Highway as authorized by 23 U.S.C.
148, not otherwise provided, including reimbursement for sums
expended pursuant to the provisions of 23 U.S.C. 308,
$34,000,000,000 or so much thereof as may be available in and
derived from the Highway Trust Fund, to remain available
until expended.

(RESCISSION)

Of the unobligated balances of funds apportioned to each
state under the program authorized under sections 1101(a)(1),
1101(a)(2), 1101(a)(3), 1101(a)(4), and 1101(a)(5) of Public
Law 105-178, as amended, $156,000,000 are rescinded.

Appalachian Development Highway System

For necessary expenses for the Appalachian Development
Highway System as authorized under section 1069(y) of Public
Law 102-240, as amended, $150,000,000, to remain available
until expended.

General Provisions--Federal Highway Administration

Sec. 110. (a) For fiscal year 2004, the Secretary of
Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid Highways amounts authorized for administrative
expenses and programs funded from the administrative takedown
authorized by section 104(a)(1)(A) of title 23, United States
Code, for the highway use tax evasion program, and for the
Bureau of Transportation Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid Highways that is equal to the unobligated
balance of amounts made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid
highways and highway safety programs for the previous fiscal
year the funds for which are allocated by the Secretary;
(3) determine the ratio that--
(A) the obligation limitation for Federal-aid Highways less
the aggregate of amounts not distributed under paragraphs (1)
and (2), bears to
(B) the total of the sums authorized to be appropriated for
Federal-aid highways and highway safety construction programs
(other than sums authorized to be appropriated for sections
set forth in paragraphs (1) through (7) of subsection (b) and
sums authorized to be appropriated for section 105 of title
23, United States Code, equal to the amount referred to in
subsection (b)(8)) for such fiscal year less the aggregate of
the amounts not distributed under paragraph (1) of this
subsection;
(4) distribute the obligation limitation for Federal-aid
Highways less the aggregate amounts not distributed under
paragraphs (1) and (2) for section 201 of the Appalachian
Regional Development Act of 1965 and $2,000,000,000 for such
fiscal year under section 105 of title 23, United States Code
(relating to minimum guarantee) so that the amount of
obligation authority available for each of such sections is
equal to the amount determined by multiplying the ratio
determined under paragraph (3) by the sums authorized to be
appropriated for such section (except in the case of section
105, $2,000,000,000) for such fiscal year;
(5) distribute the obligation limitation provided for
Federal-aid Highways less the aggregate amounts not
distributed under paragraphs (1) and (2) and amounts
distributed under paragraph (4) for each of the programs that
are allocated by the Secretary under title 23, United States
Code (other than activities to which paragraph (1) applies
and programs to which paragraph (4) applies) by multiplying
the ratio determined under paragraph (3) by the sums
authorized to be appropriated for such program for such
fiscal year; and
(6) distribute the obligation limitation provided for
Federal-aid Highways less the aggregate amounts not
distributed under paragraphs (1) and (2) and amounts
distributed under paragraphs (4) and (5) for Federal-aid
highways and highway safety construction programs (other than
the minimum guarantee program, but only to the extent that
amounts apportioned for the minimum guarantee program for
such fiscal year exceed $2,639,000,000, and the Appalachian
development highway system program) that are apportioned by
the Secretary under title 23, United States Code, in the
ratio that--
(A) sums authorized to be appropriated for such programs
that are apportioned to each State for such fiscal year, bear
to
(B) the total of the sums authorized to be appropriated for
such programs that are apportioned to all States for such
fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid Highways shall not apply to
obligations: (1) under section 125 of title 23, United States
Code; (2) under section 147 of the Surface Transportation
Assistance Act of 1978; (3) under section 9 of the Federal-
Aid Highway Act of 1981; (4) under sections 131(b) and 131(j)
of the Surface Transportation Assistance Act of 1982; (5)
under sections 149(b) and 149(c) of the Surface
Transportation and Uniform Relocation Assistance Act of 1987;
(6) under sections 1103 through 1108 of the Intermodal
Surface Transportation Efficiency Act of 1991; (7) under
section 157 of title 23, United States Code, as in effect on
the day before the date of the enactment of the
Transportation Equity Act for the 21st Century; (8) under
section 105 of title 23, United States Code (but, only in an
amount equal to $639,000,000 for such fiscal year); and for
Federal-aid highway programs for which obligation authority
was made available under the Transportation Equity Act for
the 21st Century or subsequent public laws for multiple years
or to remain available until used, but only to the extent
that such obligation authority has not lapsed or been used.
(c) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (a), the Secretary shall after
August 1 for such fiscal year revise a distribution of the
obligation limitation made available under subsection (a) if
a State will not obligate the amount distributed during that
fiscal year and redistribute sufficient amounts to those
States able to obligate amounts in addition to those
previously distributed during that fiscal year giving
priority to those States having large unobligated balances of
funds apportioned under sections 104 and 144 of title 23,
United States Code, section 160 (as in effect on the day
before the enactment of the Transportation Equity Act for the
21st Century) of title 23, United States Code, and under
section 1015 of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 1943-1945).
(d) Applicability of Obligation Limitations to
Transportation Research Programs.--The obligation limitation
shall apply to transportation research programs carried out
under chapter 5 of title 23, United States Code, except that
obligation authority made available for such programs under
such limitation shall remain available for a period of 3
fiscal years.
(e) Redistribution of Certain Authorized Funds.--Not later
than 30 days after the date of the distribution of obligation
limitation under subsection (a), the Secretary shall
distribute to the States any funds: (1) that are authorized
to be appropriated for such fiscal year for Federal-aid
highways programs (other than the program under section 160
of title 23, United States Code) and for carrying out
subchapter I of chapter 311 of title 49, United States Code,
and highway-related programs under chapter 4 of title 23,
United States Code; and (2) that the Secretary determines
will not be allocated to the States, and will not be
available for obligation, in such fiscal year due to the
imposition of any obligation limitation for such fiscal year.
Such distribution to the States shall be made in the same
ratio as the distribution of obligation authority under
subsection (a)(6). The funds so distributed shall be
available for any purposes described in section 133(b) of
title 23, United States Code.
(f) Special Rule.--Obligation limitation distributed for a
fiscal year under subsection (a)(4) of this section for a
section set forth in subsection (a)(4) shall remain available
until used and shall be in addition to the amount of any
limitation imposed on obligations for Federal-aid highway and
highway safety construction programs for future fiscal years.
(g) Of the obligation limitation transferred to the
National Highway Traffic Safety Administration for expenses
necessary to discharge the functions of the Secretary with
respect to traffic and highway safety under chapter 301 of
title 49, United States Code, and part C of subtitle VI of
title 49, United States Code, $94,543,500 shall remain
available until September 30, 2006.
Sec. 111. Notwithstanding any other provision of law,
whenever an allocation is made of the sums authorized to be
appropriated for expenditure on the Federal lands highway
program, and whenever an apportionment is made of the sums
authorized to be appropriated for expenditure on the surface
transportation program, the congestion mitigation and air
quality improvement program, the National Highway System, the
Interstate maintenance program, the bridge program, the
Appalachian development highway system, and the minimum
guarantee program, the Secretary of Transportation shall--
(1) deduct a sum in such amount not to exceed 2.55 percent
of all sums so made available, as the Secretary determines
necessary, to administer the provisions of law to be financed
from appropriations for motor carrier safety programs and
motor carrier safety research: Provided, That any deduction
by the Secretary of Transportation in accordance with this
subsection shall be deemed to be a deduction under section
104(a)(1)(B) of title 23, United States Code, and the sum so
deducted shall remain available until expended; and
(2) deduct a sum in such amount not to exceed 1.05 percent
of all sums so made available, as the Secretary determines
necessary to administer the provisions of law to be financed
from appropriations for the programs authorized under
chapters 1 and 2 of title 23, United States Code, and to make
transfers in accordance with section 104(a)(1)(A)(ii) of
title 23, United States Code: Provided, That any deduction by
the Secretary of Transportation in accordance with this
subsection shall be deemed to be a deduction under section
104(a)(1)(A) of title 23, United States Code, and the sum so
deducted shall remain available until expended.
Sec. 112. Notwithstanding 31 U.S.C. 3302, funds received by
the Bureau of Transportation Statistics from the sale of data
products, for necessary expenses incurred pursuant to 49
U.S.C. 111 may be credited to the Federal-aid highways
account for the purpose of reimbursing the Bureau for such
expenses: Provided, That such funds shall be

[[Page S13154]]

subject to the obligation limitation for Federal-aid highways
and highway safety construction.
Sec. 113. For fiscal year 2004, notwithstanding any other
provision of law, historic covered bridges eligible for
Federal assistance under section 1224 of the Transportation
Equity Act for the 21st Century, as amended, may be funded
from amounts set aside for the discretionary bridge program.
Sec. 114. (a) In General.--As soon as practicable after the
date of enactment of this Act, the Secretary of
Transportation shall enter into an agreement with the State
of Nevada, the State of Arizona, or both, to provide a method
of funding for construction of a Hoover Dam Bypass Bridge
from funds allocated for the Federal Lands Highway Program
under section 202(b) of title 23, United States Code.
(b) Methods of Funding.--
(1) The agreement entered into under subsection (a) shall
provide for funding in a manner consistent with the advance
construction and debt instrument financing procedures for
Federal-aid highways set forth in section 115 and 122 of
title 23, except that the funding source may include funds
made available under the Federal Lands Highway Program.
(2) Eligibility for funding under this subsection shall not
be construed as a commitment, guarantee, or obligation on the
part of the United States to provide for payment of principal
or interest of an eligible debt financing instrument as so
defined in section 122, nor create a right of a third party
against the United States for payment under an eligible debt
financing instrument. The agreement entered into pursuant to
subsection (a) shall make specific reference to this
provision of law.
(3) The provisions of this section do not limit the use of
other available funds for which the project referenced in
subsection (a) is eligible.

Federal Motor Carrier Safety Administration

Motor Carrier Safety

limitation on administrative expenses

(highway trust fund)

(including transfer of funds)

For necessary expenses for administration of motor carrier
safety programs and motor carrier safety research, pursuant
to section 104(a)(1)(B) of title 23, United States Code, not
to exceed $292,972,233 shall be paid in accordance with law
from appropriations made available by this Act and from any
available take-down balances to the Federal Motor Carrier
Safety Administration, together with advances and
reimbursements received by the Federal Motor Carrier Safety
Administration: Provided, That such amounts shall be
available to carry out the functions and operations of the
Federal Motor Carrier Safety Administration: Provided
further, That notwithstanding any other provision of law,
$11,744,000 of the funds made available under this heading
shall be transferred to and merged with funding provided for
grants to the States for implementation of section 210 of
Public Law 106-159 under ``Federal Motor Carrier Safety
Administration, Motor Carrier Safety Assistance Program'':
Provided further, That of the funds made available under this
heading, $47,000,000 shall be available for the border
enforcement program as authorized under section 350 of the
Department of Transportation and Related Agencies
Appropriations Act, 2002.

National Motor Carrier Safety Program

(liquidation of contract authorization)

(limitation on obligations)

(highway trust fund)

Notwithstanding any other provision of law, for payment of
obligations incurred in carrying out 49 U.S.C. 31102, 31106
and 31309, $190,000,000, to be derived from the Highway Trust
Fund and to remain available until expended: Provided, That
none of the funds in this Act shall be available for the
implementation or execution of programs the obligations for
which are in excess of $190,000,000 for ``Motor Carrier
Safety Grants'', and ``Information Systems''.

General Provision--Motor Carrier Safety Administration

Sec. 130. None of the funds appropriated or made available
by this Act shall be used to implement or enforce any
provision of the Final Rule issued on April 16, 2003 (Docket
No. FMCSA-97-2350) as it may apply to operators of utility
service vehicles as defined in 49 C.F.R. 395.2.

National Highway Traffic Safety Administration

Operations and Research

(Highway Trust Fund)

For expenses necessary to discharge the functions of the
Secretary, with respect to traffic and highway safety under
chapter 301 of title 49, United States Code, and part C of
subtitle VI of title 49, United States Code, $148,102,000, to
be derived from funds available under 104(a)(1)(A) of title
23, United States Code: Provided, That such funds shall be
transferred to and administered by the National Highway
Traffic Safety Administration: Provided further, That none of
the funds appropriated by this Act may be obligated or
expended to plan, finalize, or implement any rulemaking to
add to section 575.104 of title 49 of the Code of Federal
Regulations any requirement pertaining to a grading standard
that is different from the three grading standards
(treadwear, traction, and temperature resistance) already in
effect.

Operations and Research

(liquidation of contract authorization)

(limitation on obligations)

(highway trust fund)

For payment of obligations incurred in carrying out the
provisions of 23 U.S.C. 403, to remain available until
expended, $72,000,000, to be derived from the Highway Trust
Fund: Provided, That none of the funds in this Act shall be
available for the planning or execution of programs the total
obligations for which, in fiscal year 2004, are in excess of
$72,000,000 for programs authorized under 23 U.S.C. 403.

National Driver Register

(highway trust fund)

For expenses necessary to discharge the functions of the
Secretary with respect to the National Driver Register under
chapter 303 of title 49, United States Code, $3,600,000, to
be derived from the Highway Trust Fund, and to remain
available until expended.

Highway Traffic Safety Grants

(liquidation of contract authorization)

(limitation on obligations)

(highway trust fund)

Notwithstanding any other provision of law, for payment of
obligations incurred in carrying out the provisions of 23
U.S.C. 402, 405, and 410, to remain available until expended,
$225,000,000, to be derived from the Highway Trust Fund:
Provided, That none of the funds in this Act shall be
available for the planning or execution of programs the total
obligations for which, in fiscal year 2004, are in excess of
$225,000,000 for programs authorized under 23 U.S.C. 402,
405, and 410, of which $165,000,000 shall be for ``Highway
Safety Programs'' under 23 U.S.C. 402, $20,000,000 shall be
for ``Occupant Protection Incentive Grants'' under 23 U.S.C.
405, and $40,000,000 shall be for ``Alcohol-Impaired Driving
Countermeasures Grants'' under 23 U.S.C. 410: Provided
further, That none of these funds shall be used for
construction, rehabilitation, or remodeling costs, or for
office furnishings and fixtures for State, local, or private
buildings or structures: Provided further, That not to exceed
$8,150,000 of the funds made available for section 402, not
to exceed $1,000,000 of the funds made available for section
405, and not to exceed $2,000,000 of the funds made available
for section 410 shall be available to NHTSA for administering
highway safety grants under chapter 4 of title 23, United
States Code: Provided further, That not to exceed $500,000 of
the funds made available for section 410 ``Alcohol-Impaired
Driving Countermeasures Grants'' shall be available for
technical assistance to the States.

General Provisions--National Highway Traffic Safety Administration

Sec. 140. Notwithstanding any other provision of law,
States may use funds provided in this Act under section 402
of title 23, United States Code, to produce and place highway
safety public service messages in television, radio, cinema,
and print media, and on the Internet in accordance with
guidance issued by the Secretary of Transportation: Provided,
That any State that uses funds for such public service
messages shall submit to the Secretary a report describing
and assessing the effectiveness of the messages: Provided
further, That $10,000,000 of the funds allocated under
section 157 of title 23, United States Code, shall be used as
directed by the National Highway Traffic Safety Administrator
to purchase national paid advertising (including production
and placement) to support national safety belt mobilizations:
Provided further, That, of the funds allocated under section
163 of title 23, United States Code, $2,750,000 shall be used
as directed by the Administrator to support national impaired
driving mobilizations and enforcement efforts, $14,000,000
shall be used as directed by the Administrator to purchase
national paid advertising (including production and
placement) to support such national impaired driving
mobilizations and enforcement efforts, $250,000 shall be used
as directed by the Administrator to conduct an evaluation of
alcohol-impaired driving messages, and $3,000,000 shall be
used as directed by the Administrator to conduct an impaired
driving demonstration program.
Sec. 141. Notwithstanding any other provision of law, funds
appropriated or limited in the Act to educate the motoring
public on how to share the road safely with commercial motor
vehicles shall be administered by the National Highway
Traffic Safety Administration.

Federal Railroad Administration

Safety and Operations

For necessary expenses of the Federal Railroad
Administration, not otherwise provided for, $130,825,000, of
which $11,712,000 shall remain available until expended.

Railroad Research and Development

For necessary expenses for railroad research and
development, $34,225,000, to remain available until expended.

Railroad Rehabilitation and Improvement Program

The Secretary of Transportation is authorized to issue to
the Secretary of the Treasury notes or other obligations
pursuant to section 512 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (Public Law 94-210), as
amended, in such amounts and at such times as may be
necessary to pay any amounts required pursuant to the
guarantee of the principal amount of obligations under
sections 511 through 513 of such

[[Page S13155]]

Act, such authority to exist as long as any such guaranteed
obligation is outstanding: Provided, That pursuant to section
502 of such Act, as amended, no new direct loans or loan
guarantee commitments shall be made using Federal funds for
the credit risk premium during fiscal year 2004: Provided
further, That no payments of principal or interest shall be
collected during fiscal year 2004 for the direct loan made to
the National Railroad Passenger Corporation under section 502
of such Act.

Next Generation High-Speed Rail

For necessary expenses for the Next Generation High-Speed
Rail program as authorized under 49 U.S.C. 26101 and 26102,
$29,350,000, to remain available until expended.

Alaska Railroad Rehabilitation

To enable the Secretary of Transportation to make grants to
the Alaska Railroad, $25,000,000 shall be for capital
rehabilitation and improvements benefiting its passenger
operations, to remain available until expended.

Grants to the National Railroad Passenger Corporation

To enable the Secretary of Transportation to make quarterly
grants to the National Railroad Passenger Corporation,
$1,346,000,000, to remain available until September 30, 2004:
Provided, That the Secretary of Transportation shall approve
funding to cover operating losses and capital expenditures
for a train of the National Railroad Passenger Corporation
only after receiving and reviewing a grant request for each
specific train route: Provided further, That each such grant
request shall be accompanied by a detailed financial
analysis, revenue projection, and capital expenditure
projection justifying the Federal support to the Secretary's
satisfaction: Provided further, That the Secretary of
Transportation and the Amtrak Board of Directors shall ensure
that, of the amount made available under this heading,
sufficient sums are reserved to satisfy the contractual
obligations of the National Railroad Passenger Corporation
for commuter and intercity passenger rail service: Provided
further, That within 60 days of enactment of this Act, Amtrak
shall transmit to the Secretary of Transportation and the
House and Senate Committees on Appropriations a business plan
for operating and capital improvements to be funded in fiscal
year 2004 under section 24104(a) of title 49, United States
Code: Provided further, That the business plan shall include
a description of the work to be funded, along with cost
estimates and an estimated timetable for completion of the
projects covered by this business plan: Provided further,
That not later than June 1, 2003 and each month thereafter,
Amtrak shall submit to the Secretary of Transportation and
the House and Senate Committees on Appropriations a
supplemental report regarding the business plan, which shall
describe the work completed to date, any changes to the
business plan, and the reasons for such changes: Provided
further, That none of the funds in this Act may be used for
operating expenses and capital projects not approved by the
Secretary of Transportation nor on the National Railroad
Passenger Corporation's fiscal year 2004 business plan:
Provided further, That none of the funds under this heading
may be obligated or expended until the National Railroad
Passenger Corporation agrees to continue abiding by the
provisions of paragraphs 1, 2, 3, 5, 9, and 11 of the summary
of conditions for the direct loan agreement of June 28, 2002,
in the same manner as in effect on the date of enactment of
this Act.

Federal Transit Administration

Administrative Expenses

For necessary administrative expenses of the Federal
Transit Administration's programs authorized by chapter 53 of
title 49, United States Code, $14,600,000: Provided, That no
more than $73,000,000 of budget authority shall be available
for these purposes: Provided further, That of the funds
available not to exceed $980,000 shall be available for the
Office of the Administrator; not to exceed $6,133,000 shall
be available for the Office of Administration; not to exceed
$3,750,000 shall be available for the Office of the Chief
Counsel; not to exceed $1,160,000 shall be available for the
Office of Communication and Congressional Affairs; not to
exceed $7,250,000 shall be available for the Office of
Program Management; not to exceed $6,200,000 shall be
available for the Office of Budget and Policy; not to exceed
$4,600,000 shall be available for the Office of Demonstration
and Innovation; not to exceed $2,700,000 shall be available
for the Office of Civil Rights; not to exceed $3,450,000
shall be available for the Office of Planning; not to exceed
$17,777,000 shall be available for regional offices; and not
to exceed $16,800,000 shall be available for the central
account: Provided further, That the Administrator is
authorized to transfer funds appropriated for an office of
the Federal Transit Administration: Provided further, That no
appropriation for an office shall be increased or decreased
by more than 3 percent by all such transfers: Provided
further, That any change in funding greater than 3 percent
shall be submitted for approval to the House and Senate
Committees on Appropriations: Provided further, That of the
funds in this Act available for the execution of contracts
under section 5327(c) of title 49, United States Code,
$2,000,000 shall be reimbursed to the Department of
Transportation's Office of Inspector General for costs
associated with audits and investigations of transit-related
issues, including reviews of new fixed guideway systems:
Provided further, That not to exceed $2,200,000 for the
National transit database shall remain available until
expended.

Formula Grants

(including transfer of funds)

For necessary expenses to carry out 49 U.S.C. 5307, 5308,
5310, 5311, 5327, and section 3038 of Public Law 105-178,
$767,800,000, to remain available until expended: Provided,
That no more than $3,839,000,000 of budget authority shall be
available for these purposes: Provided further, That
notwithstanding section 3008 of Public Law 105-178,
$50,000,000 of the funds to carry out 49 U.S.C. 5308 shall be
transferred to and merged with funding provided for the
replacement, rehabilitation, and purchase of buses and
related equipment and the construction of bus-related
facilities under ``Federal Transit Administration, Capital
investment grants''.

University Transportation Research

For necessary expenses to carry out 49 U.S.C. 5505,
$1,200,000, to remain available until expended: Provided,
That no more than $6,000,000 of budget authority shall be
available for these purposes.

Transit Planning and Research

For necessary expenses to carry out 49 U.S.C. 5303, 5304,
5305, 5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322,
$24,400,000, to remain available until expended: Provided,
That no more than $122,000,000 of budget authority shall be
available for these purposes: Provided further, That
$5,250,000 is available to provide rural transportation
assistance (49 U.S.C. 5311(b)(2)), $4,000,000 is available to
carry out programs under the National Transit Institute (49
U.S.C. 5315), $8,250,000 is available to carry out transit
cooperative research programs (49 U.S.C. 5313(a)),
$60,385,600 is available for metropolitan planning (49 U.S.C.
5303, 5304, and 5305), $12,614,400 is available for State
planning (49 U.S.C. 5313(b)); and $31,500,000 is available
for the national planning and research program (49 U.S.C.
5314).

Trust Fund Share of Expenses

(liquidation of contract authorization)

(highway trust fund)

Notwithstanding any other provision of law, for payment of
obligations incurred in carrying out 49 U.S.C. 5303-5308,
5310-5315, 5317(b), 5322, 5327, 5334, 5505, and sections 3037
and 3038 of Public Law 105-178, $5,844,000,000, to remain
available until expended, and to be derived from the Mass
Transit Account of the Highway Trust Fund: Provided, That
$3,071,200,000 shall be paid to the Federal Transit
Administration's formula grants account: Provided further,
That $97,600,000 shall be paid to the Federal Transit
Administration's transit planning and research account:
Provided further, That $58,400,000 shall be paid to the
Federal Transit Administration's administrative expenses
account: Provided further, That $4,800,000 shall be paid to
the Federal Transit Administration's university
transportation research account: Provided further, That
$100,000,000 shall be paid to the Federal Transit
Administration's job access and reverse commute grants
program: Provided further, That $2,512,000,000 shall be paid
to the Federal Transit Administration's capital investment
grants account.

Capital Investment Grants

(including transfer of funds)

For necessary expenses to carry out 49 U.S.C. 5308, 5309,
5318, and 5327, $628,000,000, to remain available until
expended: Provided, That no more than $3,140,000,000 of
budget authority shall be available for these purposes:
Provided further, That there shall be available for fixed
guideway modernization, $1,214,400,000; there shall be
available for the replacement, rehabilitation, and purchase
of buses and related equipment and the construction of bus-
related facilities, $607,200,000, which shall include
$50,000,000 made available under 5309(m)(3)(C) of this title,
plus $50,000,000 transferred from ``Federal Transit
Administration, Formula Grants''; and there shall be
available for new fixed guideway systems $1,318,400,000, to
be available as follows:
Alaska and Hawaii Ferry Projects, $10,296,000;
Baltimore--Central LRT Double Tracking, Maryland,
$40,000,000;
Birmingham--Transit Corridor, Alabama, $6,000,000;
Boston--Silver Line Phase III, Massachusetts, $1,000,000;
Charlotte--South Corridor Light Rail Project, North
Carolina, $18,000,000;
Chicago--Douglas Branch Reconstruction, Illinois,
$85,000,000;
Chicago--North Central, Illinois, $20,000,000;
Chicago--UP West Line Extension, Illinois, $12,000,000;
Chicago--Metra Southwest Corridor Commuter Rail, Illinois,
$20,000,000;
Chicago--Ravenswood Line Extension, Illinois, $10,000,000;
Commuter Rail Improvements, Delaware, $3,000,000;
Dallas--North Central LRT Extension, Texas, $30,161,283;
Denver--Southeast Corridor LRT, Colorado, $80,000,000;
Dulles Corridor Rapid Transit Project, Virginia,
$25,000,000;
Euclid Corridor Transportation Project, Ohio, $15,000,000;

[[Page S13156]]

Ft. Lauderdale--Tri-Rail Commuter Rail Upgrade, Florida,
$18,410,000;
Houston Advanced Metro Transit Plan, Texas, $10,000,000;
Integrated Intermodal project, Rhode Island, $6,000,000;
Kenosha-Racine-Milwaukee Commuter Rail Extension,
Wisconsin, $4,000,000;
Las Vegas--Resort Corridor Fixed Guideway, Nevada,
$25,000,000;
Little Rock--River Rail Project, Arkansas, $5,000,000;
Los Angeles--Eastside LRT, California, $5,000,000;
Maine Marine Highway, $2,000,000;
Memphis--Medical Center Extension, Tennessee, $9,247,588;
Minneapolis--Hiawatha Corridor LRT, Minnesota, $74,980,000;
Minneapolis--Northstar Commuter Rail Project, Minnesota,
$10,000,000;
New Orleans--Canal Street Streetcar Project, Louisiana,
$36,020,000;
New York--East Side Access Project, New York, $10,000,000;
Newark Rail Link (MOS-1), New Jersey, $22,566,022;
Northern New Jersey-Hudson-Bergen LRT-MOS-2, $100,000,000;
Northwest Corridor BRT, Atlanta, $4,000,000;
Philadelphia--Schuylkill Valley Metro, Pennsylvania,
$16,000,000;
Pittsburgh--North Shore Connector LRT, Pennsylvania,
$13,812,304;
Pittsburgh--Stage II LRT Reconstruction, Pennsylvania,
$32,243,442;
Portland--Interstate MAX LRT Extension, Oregon,
$77,500,000;
Regional Commuter Rail (Weber County to Salt Lake City),
Utah, $12,000,000;
Salt Lake City--Medical Center, Utah, $30,663,361;
San Diego--Mission Valley East LRT Extension, California,
$65,000,000;
San Diego--Oceanside Escondido Rail Project, California,
$48,000,000;
San Juan--Tren Urbano Rapid Transit System, Puerto Rico,
$20,000,000;
Scranton--NY City Rail Service, Pennsylvania, $5,000,000;
Seattle--Central Link LRT MOS-1, Washington, $75,000,000;
SF Area--BART Airport Extension, California, $100,000,000;
Silicon Valley Rapid Transit Corridor, California,
$4,000,000;
Stamford Urban Transitway Phase II, Connecticut,
$7,000,000;
Trans-Hudson Midtown Corridor, New Jersey, $5,000,000;
Triangle Transit Authority Regional Rail Phase I Project,
North Carolina, $9,000,000;
VRE Parking Improvements, Virginia, $4,000,000;
Washington, DC/Maryland--Largo Extension, $65,000,000;
Wilmington Train Station Improvements, Delaware,
$2,500,000;
Wilsonville-Beaverton Commuter Rail, Oregon, $6,000,000;
Yarmouth to Auburn Line, Maine, $3,000,000.

Job Access and Reverse Commute Grants

For necessary expenses to carry out section 3037 of the
Federal Transit Act of 1998, $25,000,000, to remain available
until expended: Provided, That no more than $125,000,000 of
budget authority shall be available for these purposes:
Provided further, That up to $300,000 of the funds provided
under this heading may be used by the Federal Transit
Administration for technical assistance and support and
performance reviews of the Job Access and Reverse Commute
Grants program.

General Provisions--Federal Transit Administration

Sec. 150. The limitations on obligations for the programs
of the Federal Transit Administration shall not apply to any
authority under 49 U.S.C. 5338, previously made available for
obligation, or to any other authority previously made
available for obligation.
Sec. 151. Notwithstanding any other provision of law, and
except for fixed guideway modernization projects, funds made
available by this Act under ``Federal Transit Administration,
Capital investment grants'' for projects specified in this
Act or identified in reports accompanying this Act not
obligated by September 30, 2006, and other recoveries, shall
be made available for other projects under 49 U.S.C. 5309.
Sec. 152. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2003, under any section
of chapter 53 of title 49, United States Code, that remain
available for expenditure may be transferred to and
administered under the most recent appropriation heading for
any such section.
Sec. 153. Funds made available for Alaska or Hawaii ferry
boats or ferry terminal facilities pursuant to 49 U.S.C.
5309(m)(2)(B) may be used to construct new vessels and
facilities, or to improve existing vessels and facilities,
including both the passenger and vehicle-related elements of
such vessels and facilities, and for repair facilities:
Provided, That not more than $3,000,000 of the funds made
available pursuant to 49 U.S.C. 5309(m)(2)(B) may be used by
the State of Hawaii to initiate and operate a passenger
ferryboat services demonstration project to test the
viability of different intra-island and inter-island ferry
boat routes and technology: Provided further, That
notwithstanding 49 U.S.C. 5302(a)(7), funds made available
for Alaska or Hawaii ferry boats may be used to acquire
passenger ferry boats and to provide passenger ferry
transportation services within areas of the State of Hawaii
under the control or use of the National Park Service.
Sec. 154. Notwithstanding any other provision of law, funds
made available to the Colorado Roaring Fork Transportation
Authority under ``Federal Transit Administration, Capital
investment grants'' in Public Laws 106-69 and 106-346 shall
be available for expenditure on park and ride lots in
Carbondale and Glenwood Springs, Colorado as part of the
Roaring Fork Valley Bus Rapid Transit project.
Sec. 155. Notwithstanding any other provision of law,
unobligated funds made available for a new fixed guideway
systems projects under the heading ``Federal Transit
Administration, Capital Investment Grants'' in any
appropriations act prior to this Act may be used during this
fiscal year to satisfy expenses incurred for such projects.
Sec. 156. (a) In General.--The Secretary shall establish a
pilot program to determine the benefits of encouraging
cooperative procurement of major capital equipment under
sections 5307, 5309, and 5311. The program shall consist of
three pilot projects. Cooperative procurements in these
projects may be carried out by grantees, consortiums of
grantees, or members of the private sector acting as agents
of grantees.
(b) Federal Share.--Notwithstanding any other provision of
law, the Federal share for a grant under this pilot program
shall be 90 percent of the net project cost.
(c) Permissible Activities.--
(1) Developing specifications.--Cooperative specifications
may be developed either by the grantees or their agents.
(2) Requests for proposals.--To the extent permissible
under state and local law, cooperative procurements under
this section may be carried out, either by the grantees or
their agents, by issuing one request for proposal for each
cooperative procurement, covering all agencies that are
participating in the procurement.
(3) Best and final offers.--The cost of evaluating best and
final offers either by the grantees or their agents, is an
eligible expense under this program.
(d) Technology.--To the extent feasible, cooperative
procurements under this section shall maximize use of
Internet-based software technology designed specifically for
transit buses and other major capital equipment to develop
specifications; aggregate equipment requirements with other
transit agencies; generate cooperative request for proposal
packages; create cooperative specifications; and automate the
request for approved equals process.
(e) Eligible Expenses.--The cost of the permissible
activities under (c) and procurement under (d) are eligible
expenses under the pilot program.
(f) Proportionate Contributions.--Cooperating agencies may
contribute proportionately to the non-Federal share of any of
the eligible expenses under (e).
(g) Outreach.--The Secretary shall conduct outreach on
cooperative procurement. Under this program the Secretary
shall: (1) offer technical assistance to transit agencies to
facilitate the use of cooperative procurement of major
capital equipment and (2) conduct seminars and conferences
for grantees, nationwide, on the concept of cooperative
procurement of major capital equipment.
(h) Report.--Not later than 30 days after delivery of the
base order under each of the pilot projects, the Secretary
shall submit to the House and Senate Committees on
Appropriations a report on the results of that pilot project.
Each report shall evaluate any savings realized through the
cooperative procurement and the benefits of incorporating
cooperative procurement, as shown by that project, into the
mass transit program as a whole.
Sec. 157. Notwithstanding any other provision of law, new
fixed guideway system funds available for the Yosemite,
California, area regional transportation system project, in
the Department of Transportation and Related Agencies
Appropriations Act, 2002, Public Law 107-87, under ``Capital
Investment Grants'', in the amount of $400,000 shall be
available for obligation for the replacement, rehabilitation,
or purchase of buses or related equipment, or the
construction of bus related facilities: Provided, That this
amount shall be in addition to the amount available in fiscal
year 2002 for these purposes.
Sec. 158. Notwithstanding any other provision of law, for
the purpose of calculating the non-New Starts share of the
total project cost of both phases of San Francisco Muni's
Third Street Light Rail Transit project for fiscal year 2004,
the Secretary of Transportation shall include all non-New
Starts contributions made towards Phase 1 of the two-phase
project for engineering, final design and construction, and
also shall allow non-New Starts funds expended on one element
or phase of the project to be used to meet the non-New Starts
share requirement of any element or phase of the project.
Sec. 159. Notwithstanding any other provision of law, funds
made available under ``Federal Transit Administration,
Capital Investment Grants'' in Public Law 105-277 for the
Cleveland Berea Red Line Extension to the Hopkins
International Airport project may be used for the Euclid
Corridor Transportation Project.

[[Page S13157]]

Saint Lawrence Seaway Development Corporation

Saint Lawrence Seaway Development Corporation

The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available to the Corporation,
and in accord with law, and to make such contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act, as amended, as may be necessary in carrying out the
programs set forth in the Corporation's budget for the
current fiscal year.

Operations and Maintenance

(harbor maintenance trust fund)

For necessary expenses for operations and maintenance of
those portions of the Saint Lawrence Seaway operated and
maintained by the Saint Lawrence Seaway Development
Corporation, $14,400,000, to be derived from the Harbor
Maintenance Trust Fund, pursuant to Public Law 99-662.

Maritime Administration

Operations and Training

For necessary expenses of operations and training
activities authorized by law, $106,000,000, of which
$13,000,000 shall remain available until expended for capital
improvements at the United States Merchant Marine Academy,
and $7,063,000 shall remain available until September 30,
2005 for state maritime schoolship maintenance and repair.

Ship Disposal

For necessary expenses related to the disposal of obsolete
vessels in the National Defense Reserve Fleet of the Maritime
Administration, $18,422,000, to remain available until
expended.

Maritime Security Program

For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $98,700,000, to remain available until
expended.

Maritime Guaranteed Loan (Title XI) Program Account

For administrative expenses to carry out the guaranteed
loan program, not to exceed $4,498,000, which shall be
transferred to and merged with the appropriation for
Operations and Training.

General Provisions--Maritime Administration

Sec. 160. Notwithstanding any other provision of this Act,
the Maritime Administration is authorized to furnish
utilities and services and make necessary repairs in
connection with any lease, contract, or occupancy involving
Government property under control of the Maritime
Administration, and payments received therefore shall be
credited to the appropriation charged with the cost thereof:
Provided, That rental payments under any such lease,
contract, or occupancy for items other than such utilities,
services, or repairs shall be covered into the Treasury as
miscellaneous receipts.
Sec. 161. No obligations shall be incurred during the
current fiscal year from the construction fund established by
the Merchant Marine Act, 1936, or otherwise, in excess of the
appropriations and limitations contained in this Act or in
any prior appropriation Act.

Research and Special Programs Administration

Research and Special Programs

For expenses necessary to discharge the functions of the
Research and Special Programs Administration, $42,516,000, of
which $645,000 shall be derived from the Pipeline Safety
Fund, and of which $3,473,000 shall remain available until
September 30, 2006: Provided, That up to $1,200,000 in fees
collected under 49 U.S.C. 5108(g) shall be deposited in the
general fund of the Treasury as offsetting receipts: Provided
further, That there may be credited to this appropriation, to
be available until expended, funds received from States,
counties, municipalities, other public authorities, and
private sources for expenses incurred for training, for
reports publication and dissemination, and for travel
expenses incurred in performance of hazardous materials
exemptions and approvals functions.

Pipeline Safety

(pipeline safety fund)

(oil spill liability trust fund)

For expenses necessary to conduct the functions of the
pipeline safety program, for grants-in-aid to carry out a
pipeline safety program, as authorized by 49 U.S.C. 60107,
and to discharge the pipeline program responsibilities of the
Oil Pollution Act of 1990, $67,612,000, of which $17,183,000
shall be derived from the Oil Spill Liability Trust Fund and
shall remain available until September 30, 2006; of which
$50,429,000 shall be derived from the Pipeline Safety Fund,
of which $22,710,000 shall remain available until September
30, 2006.

Emergency Preparedness Grants

(emergency preparedness fund)

For necessary expenses to carry out 49 U.S.C. 5127(c),
$200,000, to be derived from the Emergency Preparedness Fund,
to remain available until September 30, 2006: Provided, That
not more than $14,300,000 shall be made available for
obligation in fiscal year 2004 from amounts made available by
49 U.S.C. 5116(i) and 5127(d): Provided further, That none of
the funds made available by 49 U.S.C. 5116(i) and 5127(d)
shall be made available for obligation by individuals other
than the Secretary of Transportation, or his designee.

Office of Inspector General

Salaries and Expenses

For necessary expenses of the Office of Inspector General
to carry out the provisions of the Inspector General Act of
1978, as amended, $56,000,000: Provided, That the Inspector
General shall have all necessary authority, in carrying out
the duties specified in the Inspector General Act, as amended
(5 U.S.C. App. 3) to investigate allegations of fraud,
including false statements to the government (18 U.S.C.
1001), by any person or entity that is subject to regulation
by the Department: Provided further, That the funds made
available under this heading shall be used to investigate,
pursuant to section 41712 of title 49, United States Code:
(1) unfair or deceptive practices and unfair methods of
competition by domestic and foreign air carriers and ticket
agents; and (2) the compliance of domestic and foreign air
carriers with respect to item (1) of this proviso.

Surface Transportation Board

Salaries and Expenses

For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $19,521,000:
Provided, That notwithstanding any other provision of law,
not to exceed $1,050,000 from fees established by the
Chairman of the Surface Transportation Board shall be
credited to this appropriation as offsetting collections and
used for necessary and authorized expenses under this
heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced on a dollar-for-dollar
basis as such offsetting collections are received during
fiscal year 2004, to result in a final appropriation from the
general fund estimated at no more than $18,471,000.

TITLE II--DEPARTMENT OF THE TREASURY

Departmental Offices

salaries and expenses

(including transfer of funds)

For necessary expenses of the Departmental Offices
including operation and maintenance of the Treasury Building
and Annex; hire of passenger motor vehicles; maintenance,
repairs, and improvements of, and purchase of commercial
insurance policies for, real properties leased or owned
overseas, when necessary for the performance of official
business; not to exceed $3,000,000, to remain available until
September 30, 2005 for information technology modernization
requirements; not to exceed $150,000 for official reception
and representation expenses; not to exceed $258,000 for
unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Secretary
of the Treasury and to be accounted for solely on his
certificate, $174,809,000: Provided, That the Office of
Foreign Assets Control shall be funded at no less than
$21,855,000 and 120 full time equivalent positions: Provided
further, That of these amounts, $2,900,000 is available for
grants to State and local law enforcement groups to help
fight money laundering: Provided further, That of these
amounts, $3,393,000, to remain available until September 30,
2005, shall be for the Treasury-wide Financial Statement
Audit Program, of which such amounts as may be necessary may
be transferred to accounts of the Department's offices and
bureaus to conduct audits: Provided further, That this
transfer authority shall be in addition to any other provided
in this Act.

Department-Wide Systems and Capital Investments Programs

(including transfer of funds)

For development and acquisition of automatic data
processing equipment, software, and services for the
Department of the Treasury, $36,928,000, to remain available
until September 30, 2006: Provided, That these funds shall be
transferred to accounts and in amounts as necessary to
satisfy the requirements of the Department's offices,
bureaus, and other organizations: Provided further, That this
transfer authority shall be in addition to any other transfer
authority provided in this Act: Provided further, That none
of the funds appropriated shall be used to support or
supplement the Internal Revenue Service appropriations for
Information Systems or Business Systems Modernization.

Office of Inspector General

salaries and expenses

For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, not to exceed $2,000,000 for official
travel expenses, including hire of passenger motor vehicles;
and not to exceed $100,000 for unforeseen emergencies of a
confidential nature, to be allocated and expended under the
direction of the Inspector General of the Treasury,
$12,687,000, of which not to exceed $2,500 shall be available
for official reception and representation expenses.

Treasury Inspector General for Tax Administration

salaries and expenses

For necessary expenses of the Treasury Inspector General
for Tax Administration in carrying out the Inspector General
Act of 1978, as amended, including purchase (not to exceed
150 for replacement only for police-type use) and hire of
passenger motor vehicles (31 U.S.C. 1343(b)); services
authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Inspector General for Tax Administration;
not to exceed $6,000,000 for official travel expenses; and
not to exceed

[[Page S13158]]

$500,000 for unforeseen emergencies of a confidential nature,
to be allocated and expended under the direction of the
Inspector General for Tax Administration, $128,034,000.

Air Transportation Stabilization Program

For necessary expenses to administer the Air Transportation
Stabilization Board established by section 102 of the Air
Transportation Safety and System Stabilization Act (Public
Law 107-42), $2,538,000, to remain available until expended.

Treasury Building and Annex Repair and Restoration

For the repair, alteration, and improvement of the Treasury
Building and Annex, $25,000,000, to remain available until
September 30, 2006.

Financial Crimes Enforcement Network

salaries and expenses

For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel
expenses of non-Federal law enforcement personnel to attend
meetings concerned with financial intelligence activities,
law enforcement, and financial regulation; not to exceed
$14,000 for official reception and representation expenses;
and for assistance to Federal law enforcement agencies, with
or without reimbursement, $57,571,000, of which not to exceed
$4,500,000 shall remain available until September 30, 2006;
and of which $8,152,000 shall remain available until
September 30, 2005: Provided, That funds appropriated in this
account may be used to procure personal services contracts.

Financial Management Service

salaries and expenses

For necessary expenses of the Financial Management Service,
$228,558,000, of which not to exceed $9,220,000 shall remain
available until September 30, 2006, for information systems
modernization initiatives; and of which not to exceed $2,500
shall be available for official reception and representation
expenses.

Alcohol and Tobacco Tax and Trade Bureau

Salaries and Expenses

For necessary expenses of carrying out section 1111 of the
Homeland Security Act of 2002, including hire of passenger
motor vehicles, $80,000,000; of which not to exceed $6,000
for official reception and representation expenses; not to
exceed $50,000 for cooperative research and development
programs for Laboratory Services; and provision of laboratory
assistance to State and local agencies with or without
reimbursement.

United States Mint

united states mint public enterprise fund

Pursuant to section 5136 of title 31, United States Code,
the United States Mint is provided funding through the United
States Mint Public Enterprise Fund for costs associated with
the production of circulating coins, numismatic coins, and
protective services, including both operating expenses and
capital investments. The aggregate amount of new liabilities
and obligations incurred during fiscal year 2004 under such
section 5136 for circulating coinage and protective service
capital investments of the United States Mint shall not
exceed $40,652,000.

Bureau of the Public Debt

administering the public debt

For necessary expenses connected with any public-debt
issues of the United States, $178,052,000, of which not to
exceed $2,500 shall be available for official reception and
representation expenses, and of which not to exceed
$2,000,000 shall remain available until expended for systems
modernization: Provided, That the sum appropriated herein
from the General Fund for fiscal year 2004 shall be reduced
by not more than $4,400,000 as definitive security issue fees
and Treasury Direct Investor Account Maintenance fees are
collected, so as to result in a final fiscal year 2004
appropriation from the general fund estimated at
$173,652,000. In addition, $40,000 to be derived from the Oil
Spill Liability Trust Fund to reimburse the Bureau for
administrative and personnel expenses for financial
management of the Fund, as authorized by section 1012 of
Public Law 101-380.

Internal Revenue Service

Processing, Assistance, and Management

For necessary expenses of the Internal Revenue Service for
pre-filing taxpayer assistance and education, filing and
account services, shared services support, general management
and administration; and services as authorized by 5 U.S.C.
3109, at such rates as may be determined by the Commissioner,
$4,048,238,000, of which up to $3,950,000 shall be for the
Tax Counseling for the Elderly Program, of which $7,000,000
shall be available for low-income taxpayer clinic grants, and
of which not to exceed $25,000 shall be for official
reception and representation expenses.

tax law enforcement

For necessary expenses of the Internal Revenue Service for
determining and establishing tax liabilities; providing
litigation support; conducting criminal investigation and
enforcement activities; securing unfiled tax returns;
collecting unpaid accounts; conducting a document matching
program; resolving taxpayer problems through prompt
identification, referral and settlement; resolving essential
earned income tax credit compliance and error problems;
compiling statistics of income and conducting compliance
research; purchase (for police-type use, not to exceed 850)
and hire of passenger motor vehicles (31 U.S.C. 1343(b)); and
services as authorized by U.S.C. 3109, at such rates as may
be determined by the Commissioner, $4,172,808,000, of which
not to exceed $1,000,000 shall remain available until
September 30, 2006, for research: Provided, That such sums
may be transferred as necessary from this account to the IRS
Processing, Assistance, and Management appropriation or the
IRS Information Systems appropriation solely for the purposes
of management of the Earned Income Tax Compliance program and
to reimburse the Social Security Administration for the cost
of implementing section 1090 of the Taxpayer Relief Act of
1997 (Public Law 105-33): Provided further, That this
transfer authority shall be in addition to any other transfer
authority provided in this Act.

Information Systems

For necessary expenses of the Internal Revenue Service for
information systems and telecommunications support, including
developmental information systems and operational information
systems; the hire of passenger motor vehicles (31 U.S.C.
1343(b)); and services as authorized by 5 U.S.C. 3109, at
such rates as may be determined by the Commissioner,
$1,590,962,000, of which $200,000,000 shall remain available
until September 30, 2005.

business systems modernization

For necessary expenses of the Internal Revenue Service,
$429,000,000, to remain available until September 30, 2006,
for the capital asset acquisition of information technology
systems, including management and related contractual costs
of said acquisitions, including contractual costs associated
with operations authorized by 5 U.S.C. 3109: Provided, That
none of these funds may be obligated until the Internal
Revenue Service submits to the Committees on Appropriations,
and such Committees approve, a plan for expenditure that: (1)
meets the capital planning and investment control review
requirements established by the Office of Management and
Budget, including Circular A-11 part 3; (2) complies with the
Internal Revenue Service's enterprise architecture, including
the modernization blueprint; (3) conforms with the Internal
Revenue Service's enterprise life cycle methodology; (4) is
approved by the Internal Revenue Service, the Department of
the Treasury, and the Office of Management and Budget; (5)
has been reviewed by the General Accounting Office; and (6)
complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of
the Federal Government.

HEALTH INSURANCE TAX CREDIT ADMINISTRATION

For expenses necessary to implement the health insurance
tax credit included in the Trade Act of 2002 (Public Law 107-
210), $35,000,000, to remain available until September 30,
2005.

General Provisions--Internal Revenue Service

Sec. 201. Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service may be
transferred to any other Internal Revenue Service
appropriation upon the advance approval of the Committees on
Appropriations.
Sec. 202. The Internal Revenue Service shall maintain a
training program to ensure that Internal Revenue Service
employees are trained in taxpayers' rights, in dealing
courteously with the taxpayers, and in cross-cultural
relations.
Sec. 203. The Internal Revenue Service shall institute and
enforce policies and procedures that will safeguard the
confidentiality of taxpayer information.
Sec. 204. Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved
facilities and increased manpower to provide sufficient and
effective 1-800 help line service for taxpayers. The
Commissioner shall continue to make the improvement of the
Internal Revenue Service 1-800 help line service a priority
and allocate resources necessary to increase phone lines and
staff to improve the Internal Revenue Service 1-800 help line
service.

General Provisions--Department of the Treasury

Sec. 210. Appropriations to the Department of the Treasury
in this Act shall be available for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901), including
maintenance, repairs, and cleaning; purchase of insurance for
official motor vehicles operated in foreign countries;
purchase of motor vehicles without regard to the general
purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts
with the Department of State for the furnishing of health and
medical services to employees and their dependents serving in
foreign countries; and services authorized by 5 U.S.C. 3109.
Sec. 211. Not to exceed 2 percent of any appropriations in
this Act made available to the Departmental Offices--Salaries
and Expenses, Office of Inspector General, Financial
Management Service, Alcohol and Tobacco Tax and Trade Bureau,
Financial Crime Enforcement Network, and Bureau of the Public
Debt, may be transferred between such appropriations upon the
advance approval of the Committees on Appropriations.

[[Page S13159]]

No transfer may increase or decrease any such appropriation
by more than 2 percent.
Sec. 212. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be
transferred to the Treasury Inspector General for Tax
Administration's appropriation upon the advance approval of
the Committees on Appropriations. No transfer may increase or
decrease any such appropriation by more than 2 percent.
Sec. 213. Of the funds available for the purchase of law
enforcement vehicles, no funds may be obligated until the
Secretary of the Treasury certifies that the purchase by the
respective Treasury bureau is consistent with Departmental
vehicle management principles: Provided, That the Secretary
may delegate this authority to the Assistant Secretary for
Management.
Sec. 214. None of the funds appropriated in this Act or
otherwise available to the Department of the Treasury or the
Bureau of Engraving and Printing may be used to redesign the
$1 Federal Reserve note.
Sec. 215. The Secretary of the Treasury may transfer funds
from ``Salaries and Expenses'', Financial Management Service,
to the Debt Services Account as necessary to cover the costs
of debt collection: Provided, That such amounts shall be
reimbursed to such Salaries and Expenses account from debt
collections received in the Debt Services Account.
Sec. 216. Section 122(g)(1) of Public Law 105-119 (5 U.S.C.
3104 note), is further amended by striking ``5 years'' and
inserting ``6 years''.
Sec. 217. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United
States Mint to construct or operate any museum without the
explicit approval of the House Committee on Financial
Services and the Senate Committee on Banking, Housing, and
Urban Affairs.
Sec. 218. Beginning in fiscal year 2004 and thereafter,
there are appropriated to the Secretary of the Treasury such
sums as may be necessary to reimburse financial institutions
in their capacity as depositaries and financial agents of the
United States for all services required or directed by the
Secretary of the Treasury, or his designee, to be performed
by such financial institutions on behalf of the Treasury or
other Federal agencies, including services rendered prior to
fiscal year 2004.

TITLE III--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO
THE PRESIDENT

Compensation of the President and the White House Office

compensation of the president

For compensation of the President, including an expense
allowance at the rate of $50,000 per annum as authorized by 3
U.S.C. 102, $450,000: Provided, That none of the funds made
available for official expenses shall be expended for any
other purpose and any unused amount shall revert to the
Treasury pursuant to section 1552 of title 31, United States
Code: Provided further, That none of the funds made available
for official expenses shall be considered as taxable to the
President.

salaries and expenses

For necessary expenses for the White House as authorized by
law, including not to exceed $3,850,000 for services as
authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence
expenses as authorized by 3 U.S.C. 105, which shall be
expended and accounted for as provided in that section; hire
of passenger motor vehicles, newspapers, periodicals,
teletype news service, and travel (not to exceed $100,000 to
be expended and accounted for as provided by 3 U.S.C. 103);
and not to exceed $19,000 for official entertainment
expenses, to be available for allocation within the Executive
Office of the President, $61,937,000: Provided, That
$8,650,000 of the funds appropriated shall be available for
reimbursements to the White House Communications Agency.

Executive Residence at the White House

operating expenses

For the care, maintenance, repair and alteration,
refurnishing, improvement, heating, and lighting, including
electric power and fixtures, of the Executive Residence at
the White House and official entertainment expenses of the
President, $12,501,000, to be expended and accounted for as
provided by 3 U.S.C. 105, 109, 110, and 112-114.

reimbursable expenses

For the reimbursable expenses of the Executive Residence at
the White House, such sums as may be necessary: Provided,
That all reimbursable operating expenses of the Executive
Residence shall be made in accordance with the provisions of
this paragraph: Provided further, That, notwithstanding any
other provision of law, such amount for reimbursable
operating expenses shall be the exclusive authority of the
Executive Residence to incur obligations and to receive
offsetting collections, for such expenses: Provided further,
That the Executive Residence shall require each person
sponsoring a reimbursable political event to pay in advance
an amount equal to the estimated cost of the event, and all
such advance payments shall be credited to this account and
remain available until expended: Provided further, That the
Executive Residence shall require the national committee of
the political party of the President to maintain on deposit
$25,000, to be separately accounted for and available for
expenses relating to reimbursable political events sponsored
by such committee during such fiscal year: Provided further,
That the Executive Residence shall ensure that a written
notice of any amount owed for a reimbursable operating
expense under this paragraph is submitted to the person owing
such amount within 60 days after such expense is incurred,
and that such amount is collected within 30 days after the
submission of such notice: Provided further, That the
Executive Residence shall charge interest and assess
penalties and other charges on any such amount that is not
reimbursed within such 30 days, in accordance with the
interest and penalty provisions applicable to an outstanding
debt on a United States Government claim under section 3717
of title 31, United States Code: Provided further, That each
such amount that is reimbursed, and any accompanying interest
and charges, shall be deposited in the Treasury as
miscellaneous receipts: Provided further, That the Executive
Residence shall prepare and submit to the Committees on
Appropriations, by not later than 90 days after the end of
the fiscal year covered by this Act, a report setting forth
the reimbursable operating expenses of the Executive
Residence during the preceding fiscal year, including the
total amount of such expenses, the amount of such total that
consists of reimbursable official and ceremonial events, the
amount of such total that consists of reimbursable political
events, and the portion of each such amount that has been
reimbursed as of the date of the report: Provided further,
That the Executive Residence shall maintain a system for the
tracking of expenses related to reimbursable events within
the Executive Residence that includes a standard for the
classification of any such expense as political or
nonpolitical: Provided further, That no provision of this
paragraph may be construed to exempt the Executive Residence
from any other applicable requirement of subchapter I or II
of chapter 37 of title 31, United States Code.

White House Repair and Restoration

For the repair, alteration, and improvement of the
Executive Residence at the White House, $4,225,000, to remain
available until expended, for required maintenance, safety
and health issues, and continued preventative maintenance.

Special Assistance to the President and the Official Residence of the
Vice President

salaries and expenses

For necessary expenses to enable the Vice President to
provide assistance to the President in connection with
specially assigned functions; services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses
as authorized by 3 U.S.C. 106, which shall be expended and
accounted for as provided in that section; and hire of
passenger motor vehicles, $4,461,000.

Operating Expenses

(INCLUDING TRANSFER OF FUNDS)

For the care, operation, refurnishing, improvement, and to
the extent not otherwise provided for, heating and lighting,
including electric power and fixtures, of the official
residence of the Vice President; the hire of passenger motor
vehicles; and not to exceed $90,000 for official
entertainment expenses of the Vice President, to be accounted
for solely on his certificate, $331,000: Provided, That
advances or repayments or transfers from this appropriation
may be made to any department or agency for expenses of
carrying out such activities.

Council of Economic Advisers

salaries and expenses

For necessary expenses of the Council of Economic Advisors
in carrying out its functions under the Employment Act of
1946 (15 U.S.C. 1021), $4,502,000.

Office of Policy Development

salaries and expenses

For necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109 and 3
U.S.C. 107, $4,109,000.

National Security Council

salaries and expenses

For necessary expenses of the National Security Council,
including services as authorized by 5 U.S.C. 3109,
$10,551,000.

Homeland Security Council

For necessary expenses of the Homeland Security Council,
including services authorized by 5 U.S.C. 3109, $8,331,000.

Office of Administration

salaries and expenses

For necessary expenses of the Office of Administration,
including services as authorized by 5 U.S.C. 3109 and 3
U.S.C. 107, and hire of passenger motor vehicles,
$77,164,000, of which $20,578,000 shall remain available
until expended for the Capital Investment Plan for continued
modernization of the information technology infrastructure
within the Executive Office of the President: Provided, That
the Executive Office of the President shall submit a report
to the Committees on Appropriations that includes a current
description of: (1) the Enterprise Architecture, as defined
in OMB Circular A-130 and the Federal Chief Information
Officers Council guidance; (2) the Information Technology
(IT) Human Capital Plan; (3) the capital investment plan for
implementing the Enterprise Architecture; and (4) the IT
capital planning and investment control process: Provided
further,

[[Page S13160]]

That this report shall be reviewed and approved by the Office
of Management and Budget, and reviewed by the General
Accounting Office.

Office of Management and Budget

salaries and expenses

For necessary expenses of the Office of Management and
Budget, including hire of passenger motor vehicles and
services as authorized by 5 U.S.C. 3109, $75,417,000, of
which not to exceed $3,000 shall be available for official
representation expenses: Provided, That, as provided in 31
U.S.C. 1301(a), appropriations shall be applied only to the
objects for which appropriations were made except as
otherwise provided by law: Provided further, That none of the
funds appropriated in this Act for the Office of Management
and Budget may be used for the purpose of reviewing any
agricultural marketing orders or any activities or
regulations under the provisions of the Agricultural
Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.):
Provided further, That none of the funds made available for
the Office of Management and Budget by this Act may be
expended for the altering of the transcript of actual
testimony of witnesses, except for testimony of officials of
the Office of Management and Budget, before the Committees on
Appropriations or the Committees on Veterans' Affairs or
their subcommittees: Provided further, That the preceding
shall not apply to printed hearings released by the
Committees on Appropriations or the Committees on Veterans'
Affairs: Provided further, That none of the funds
appropriated in this Act may be available to pay the salary
or expenses of any employee of the Office of Management and
Budget who calculates, prepares, or approves any tabular or
other material that proposes the sub-allocation of budget
authority or outlays by the Committees on Appropriations
among their subcommittees.

Office of National Drug Control Policy

salaries and expenses

(including transfer of funds)

For necessary expenses of the Office of National Drug
Control Policy; for research activities pursuant to the
Office of National Drug Control Policy Reauthorization Act of
1998 (21 U.S.C. 1701 et seq.); not to exceed $10,000 for
official reception and representation expenses; and for
participation in joint projects or in the provision of
services on matters of mutual interest with nonprofit,
research, or public organizations or agencies, with or
without reimbursement, $27,996,500; of which $1,350,000 shall
remain available until expended for policy research and
evaluation; and $1,500,000 for the National Alliance for
Model State Drug Laws: Provided, That the Office is
authorized to accept, hold, administer, and utilize gifts,
both real and personal, public and private, without fiscal
year limitation, for the purpose of aiding or facilitating
the work of the Office.

counterdrug technology assessment center

(including transfer of funds)

For necessary expenses for the Counterdrug Technology
Assessment Center for research activities pursuant to the
Office of National Drug Control Policy Reauthorization Act of
1998 (21 U.S.C. 1701 et seq.), $42,000,000, which shall
remain available until expended, consisting of $18,000,000
for counternarcotics research and development projects, and
$24,000,000 for the continued operation of the technology
transfer program: Provided, That the $18,000,000 for
counternarcotics research and development projects shall be
available for transfer to other Federal departments or
agencies.

Federal Drug Control Programs

high intensity drug trafficking areas program

(including transfer of funds)

For necessary expenses of the Office of National Drug
Control Policy's High Intensity Drug Trafficking Areas
Program, $226,350,000, for drug control activities consistent
with the approved strategy for each of the designated High
Intensity Drug Trafficking Areas, of which no less than 51
percent shall be transferred to State and local entities for
drug control activities, which shall be obligated within 120
days of the date of the enactment of this Act: Provided, That
up to 49 percent, to remain available until September 30,
2005, may be transferred to Federal agencies and departments
at a rate to be determined by the Director, of which not less
than $2,100,000 shall be used for auditing services and
associated activities: Provided further, That High Intensity
Drug Trafficking Areas Programs designated as of September
30, 2002, shall be funded at no less than the fiscal year
2002 initial allocation levels unless the Director submits to
the Committees on Appropriations, and the Committees approve,
justification for changes in those levels based on clearly
articulated priorities for the High Intensity Drug
Trafficking Areas Programs, as well as published Office of
National Drug Control Policy performance measures of
effectiveness: Provided further, That a request shall be
submitted to the Committees on Appropriations for approval
prior to the expenditure of funds of an amount in excess of
the fiscal year 2004 budget request: Provided further, That
such request shall be made in compliance with the
reprogramming guidelines: Provided further, That no funds
shall be used for any further or additional consolidation of
the Southwest Border High Intensity Drug Trafficking Area,
except for the operation of an office with a coordinating
role, until the Office submits a report on the structure of
the Southwest Border High Intensity Drug Trafficking Area.

Other Federal Drug Control Programs

(including transfer of funds)

For activities to support a national anti-drug campaign for
youth, and for other purposes, authorized by the Office of
National Drug Control Policy Reauthorization Act of 1998 (21
U.S.C. 1701 et seq.), $174,000,000, to remain available until
expended, of which the following amounts are available as
follows: $100,000,000 to support a national media campaign,
as authorized by the Drug-Free Media Campaign Act of 1998;
$60,000,000 to continue a program of matching grants to drug-
free communities, of which $1,000,000 shall be a directed
grant to the Community Anti-Drug Coalitions of America for
the National Community Anti-Drug Coalition Institute, as
authorized in chapter 2 of the National Narcotics Leadership
Act of 1988, as amended; $1,500,000 for the Counterdrug
Intelligence Executive Secretariat; $2,000,000 for
evaluations and research related to National Drug Control
Program performance measures; $1,000,000 for the National
Drug Court Institute; $7,200,000 for the United States Anti-
Doping Agency for anti-doping activities; and $800,000 for
the United States membership dues to the World Anti-Doping
Agency: Provided, That such funds may be transferred to other
Federal departments and agencies to carry out such
activities.

Unanticipated Needs

For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest,
security, or defense which may arise at home or abroad during
the current fiscal year, as authorized by 3 U.S.C. 108,
$1,000,000.

TITLE IV--INDEPENDENT AGENCIES

Architectural and Transportation Barriers Compliance Board

Salaries and Expenses

For expenses necessary for the Architectural and
Transportation Barriers Compliance Board, as authorized by
section 502 of the Rehabilitation Act of 1973, as amended
$5,401,000: Provided, That, notwithstanding any other
provision of law, there may be credited to this appropriation
funds received for publications and training expenses.

Committee for Purchase From People Who Are Blind or Severely Disabled

salaries and expenses

For necessary expenses of the Committee for Purchase From
People Who Are Blind or Severely Disabled established by
Public Law 92-28, $4,725,000.

Election Assistance Commission

For necessary expenses of the Election Assistance
Commission, $500,000,000, for providing grants to assist
State and local efforts to improve election technology and
the administration of Federal elections, as authorized by the
Help America Vote Act of 2002; of which not to exceed
$1,000,000 shall be available for commission administrative
expenses: Provided, That no more than \1/10\ of 1 percent of
funds available for requirements payments under Section 257
of the Help America Vote Act of 2002 shall be allocated to
any territory.

Federal Election Commission

salaries and expenses

For necessary expenses to carry out the provisions of the
Federal Election Campaign Act of 1971, as amended,
$50,440,000, of which not to exceed $5,000 shall be available
for reception and representation expenses.

Federal Labor Relations Authority

salaries and expenses

For necessary expenses to carry out functions of the
Federal Labor Relations Authority, pursuant to Reorganization
Plan Numbered 2 of 1978, and the Civil Service Reform Act of
1978, including services authorized by 5 U.S.C. 3109, and
including hire of experts and consultants, hire of passenger
motor vehicles, and rental of conference rooms in the
District of Columbia and elsewhere, $29,611,000: Provided,
That public members of the Federal Service Impasses Panel may
be paid travel expenses and per diem in lieu of subsistence
as authorized by law (5 U.S.C. 5703) for persons employed
intermittently in the Government service, and compensation as
authorized by 5 U.S.C. 3109: Provided further, That
notwithstanding 31 U.S.C. 3302, funds received from fees
charged to non-Federal participants at labor-management
relations conferences shall be credited to and merged with
this account, to be available without further appropriation
for the costs of carrying out these conferences.

Federal Maritime Commission

Salaries and Expenses

For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act,
1936, as amended (46 U.S.C. App. 1111), including services as
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343(b); and uniforms or
allowances therefore, as authorized by 5 U.S.C. 5901-5902,
$18,471,000: Provided, That not to exceed $2,000 shall be
available for official reception and representation expenses.

General Services Administration

Real Property Activities

Federal Buildings Fund

limitations on availability of revenue

(including transfer of funds)

For an additional amount to be deposited in, and to be used
for the purposes of, the

[[Page S13161]]

Fund established pursuant to section 210(f) of the Federal
Property and Administrative Services Act of 1949, as amended
(40 U.S.C. 592), $407,000,000. The revenues and collections
deposited into the Fund shall be available for necessary
expenses of real property management and related activities
not otherwise provided for, including operation, maintenance,
and protection of federally owned and leased buildings;
rental of buildings in the District of Columbia; restoration
of leased premises; moving governmental agencies (including
space adjustments and telecommunications relocation expenses)
in connection with the assignment, allocation and transfer of
space; contractual services incident to cleaning or servicing
buildings, and moving; repair and alteration of federally
owned buildings including grounds, approaches and
appurtenances; care and safeguarding of sites; maintenance,
preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as
otherwise authorized by law; acquisition of options to
purchase buildings and sites; conversion and extension of
federally owned buildings; preliminary planning and design of
projects by contract or otherwise; construction of new
buildings (including equipment for such buildings); and
payment of principal, interest, and any other obligations for
public buildings acquired by installment purchase and
purchase contract; in the aggregate amount of $6,717,247,000,
of which: (1) $659,668,000 shall remain available until
expended for construction (including funds for sites and
expenses and associated design and construction services) of
additional projects at the following locations:
New Construction:
Alabama:
Anniston, United States Courthouse, $4,400,000
Tuscaloosa, Federal Building, $7,500,000
California:
Los Angeles, United States Courthouse, $50,000,000
San Diego, Border Station, $34,211,000
Colorado:
Denver Federal Center, site remediation, $6,000,000
Florida:
Orlando, United States Courthouse, $7,200,000
Maine:
Jackman, Border Station, $7,712,000
Maryland:
Montgomery County, Food and Drug Administration
Consolidation, $45,000,000
Suitland, United States Census Bureau, $146,451,000
Michigan:
Detroit, Ambassador Bridge Border Station, $25,387,000
New York:
Champlain, Border Station, $31,031,000
North Carolina:
Charlotte, United States Courthouse, $8,500,000
Ohio:
Toledo, United States Courthouse, $6,500,000
Pennsylvania:
Harrisburg, PA, United States Courthouse, $26,000,000
South Carolina:
Greenville, United States Courthouse, $11,000,000
Texas:
Del Rio, Border Station, $23,966,000
Eagle Pass, Border Station, $31,980,000
Houston, Federal Bureau of Investigation, $58,080,000
McAllen, Border Station, $17,938,000
San Antonio, United States Courthouse, $8,000,000
Virginia:
Richmond, United States Courthouse, $83,000,000
Washington:
Blaine, Border Station, $9,812,000
Nonprospectus Construction, $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 approved
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, 2005, 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) $1,000,939,000
shall remain available until expended for repairs and
alterations, which includes associated design and
construction services: Provided further, That funds in the
Federal Buildings Fund for Repairs and Alterations shall, for
prospectus projects, be limited to the amount by project, as
follows, except each project may be increased by an amount
not to exceed 10 percent unless advance approval is obtained
from the Committees on Appropriations of a greater amount:
Repairs and Alterations:
Colorado:
Denver, Byron G. Rogers Federal Building--Courthouse,
$39,436,000
District of Columbia:
320 First Street, $7,485,000
Eisenhower Executive Office Building, $65,757,000
Federal Office Building 8, $134,872,000
Main Interior Building, $15,603,000
Fire & Life Safety, $68,188,000
Georgia:
Atlanta, Richard B. Russell Federal Building, $32,173,000
Illinois:
Chicago, Dirksen Courthouse & Kluczynski Federal Building,
$24,056,000
Springfield, Paul H. Findley Federal Building--Courthouse,
$6,183,000
Indiana:
Terra Haute Federal Building--Post Office, $4,600,000
Massachusetts:
Boston, John W. McCormack Post Office and Courthouse,
$73,037,000
New York:
Brooklyn, Emanuel Celler Courthouse, $65,511,000
North Dakota:
Fargo, Federal Building--Post Office, $5,801,000
Ohio:
Columbus, John W. Bricker Federal Building, $10,707,000
Washington:
Auburn, Building 7, Auburn Federal Building, $18,315,000
Bellingham, Federal Building (design), $2,610,000
Seattle, Henry M. Jackson Federal Building, $6,868,000
Special Emphasis Programs:
Chlorofluorocarbons Program, $5,000,000
Energy Program, $5,000,000
Glass Fragmentation Program, $20,000,000
Design Program, $34,737,000
Basic Repairs and Alterations, $355,000,000:
Provided further, That funds made available in 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 any
previous Act may be increased by an amount not to exceed 10
percent unless advance approval 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 approval is obtained from the Committees on
Appropriations: 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
improvements to buildings necessary to meet the minimum
standards for security in accordance with current law and in
compliance with the reprogramming guidelines of the
appropriate Committees of the House and Senate: Provided
further, That the difference between the funds appropriated
and expended on any projects in this or any prior Act, under
the heading ``Repairs and Alterations'', may be transferred
to Basic Repairs and Alterations or used to fund authorized
increases in prospectus projects: Provided further, That all
funds for repairs and alterations prospectus projects shall
expire on September 30, 2005 and remain in the Federal
Buildings Fund except funds for projects as to which funds
for design or other funds have been obligated in whole or in
part prior to such date: Provided further, That the amount
provided in this or any prior Act for Basic Repairs and
Alterations may be used to pay claims against the Government
arising from any projects under the heading ``Repairs and
Alterations'' or used to fund authorized increases in
prospectus projects; (3) $169,745,000 for installment
acquisition payments including payments on purchase contracts
which shall remain available until expended; (4)
$3,278,187,000 for rental of space which shall remain
available until expended; and (5) $1,608,708,000 for building
operations which shall remain available until expended:
Provided further, That funds available to the General
Services Administration shall not be available for expenses
of any construction, repair, alteration and acquisition
project for which a prospectus, if required by the Public
Buildings Act of 1959, as amended, has not been approved,
except that necessary funds may be expended for each project
for required expenses for the development of a proposed
prospectus: Provided further, That funds available in the
Federal Buildings Fund may be expended for emergency repairs
when advance approval is obtained from the Committees on
Appropriations: Provided further, That amounts necessary to
provide reimbursable special services to other agencies under
section 210(f)(6) of the Federal Property and Administrative
Services Act of 1949, as amended (40 U.S.C. 592(b)(2)) and
amounts to provide such reimbursable fencing, lighting, guard
booths, and other facilities on private or other property not
in Government ownership or control as may be appropriate to
enable the United States Secret Service to perform its
protective functions pursuant to 18 U.S.C. 3056, shall be
available from such revenues and collections: Provided
further, That revenues and collections and any other sums
accruing to this Fund during fiscal year 2004, excluding
reimbursements under section 210(f)(6) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
592(b)(2)) in excess of $6,717,247,000 shall remain in the
Fund and shall not be available for expenditure except as
authorized in appropriations Acts.

general activities

Government-wide Policy

For expenses authorized by law, not otherwise provided for,
for Government-wide policy and evaluation activities
associated with the management of real and personal property
assets and certain administrative services; Government-wide
policy support responsibilities relating to acquisition,
telecommunications, information technology

[[Page S13162]]

management, and related technology activities; and services
as authorized by 5 U.S.C. 3109, $61,781,000.

operating expenses

For expenses authorized by law, not otherwise provided for,
for Government-wide activities associated with utilization
and donation of surplus personal property; disposal of real
property; telecommunications, information technology
management, and related technology activities; providing
citizens with Internet access to Federal information and
services; agency-wide policy direction and management, and
Board of Contract Appeals; accounting, records management,
and other support services incident to adjudication of Indian
Tribal Claims by the United States Court of Federal Claims;
services as authorized by 5 U.S.C. 3109; and not to exceed
$7,500 for official reception and representation expenses,
$85,083,000.

office of inspector general

For necessary expenses of the Office of Inspector General
and services authorized by 5 U.S.C. 3109, $39,169,000:
Provided, That not to exceed $15,000 shall be available for
payment for information and detection of fraud against the
Government, including payment for recovery of stolen
Government property: Provided further, That not to exceed
$2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of
efforts and initiatives resulting in enhanced Office of
Inspector General effectiveness.

electronic government (e-gov) fund

(including transfer of funds)

For necessary expenses in support of interagency projects
that enable the Federal Government to expand its ability to
conduct activities electronically, through the development
and implementation of innovative uses of the Internet and
other electronic methods, $5,000,000, to remain available
until expended: Provided, That these funds may be transferred
to Federal agencies to carry out the purposes of the Fund:
Provided further, That this transfer authority shall be in
addition to any other transfer authority provided in this
Act: Provided further, That such transfers may not be made
until 10 days after a 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,
$3,393,000: Provided, That the Administrator 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.

General Services Administration--General Provisions

Sec. 401. The appropriate appropriation or fund available
to the General Services Administration shall be credited with
the cost of operation, protection, maintenance, upkeep,
repair, and improvement, included as part of rentals received
from Government corporations pursuant to law (40 U.S.C. 129).
Sec. 402. Funds available to the General Services
Administration shall be available for the hire of passenger
motor vehicles.
Sec. 403. Funds in the Federal Buildings Fund made
available for fiscal year 2004 for Federal Buildings Fund
activities may be transferred between such activities only to
the extent necessary to meet program requirements: Provided,
That any proposed transfers shall be approved in advance by
the Committees on Appropriations.
Sec. 404. No funds made available by this Act shall be used
to transmit a fiscal year 2005 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: Provided, That the fiscal
year 2005 request must be accompanied 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 determined by the
General Services Administration in compliance with the Public
Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 406. Funds provided to other Government agencies by
the Information Technology Fund, General Services
Administration, under section 110 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 757) and
sections 5124(b) and 5128 of the Clinger-Cohen Act of 1996
(40 U.S.C. 1424(b) and 1428), for performance of pilot
information technology projects which have potential for
Government-wide benefits and savings, may be repaid to this
Fund from any savings actually incurred by these projects or
other funding, to the extent feasible.
Sec. 407. From funds made available under the heading
``Federal Buildings Fund, Limitations on Availability of
Revenue'', claims against the Government of less than
$250,000 arising from direct construction projects and
acquisition of buildings may be liquidated from savings
effected in other construction projects with prior
notification to the Committees on Appropriations.
Sec. 408. (a) Notwithstanding any other provision of law,
the Administrator of General Services is authorized to
acquire, under such terms and conditions as he deems to be in
the interests of the United States, approximately 27 acres of
land, identified as Site 7 and located at 234 Corporate
Drive, Pease International Tradeport, Portsmouth, NH 03801,
as a site for the public building needs of the Federal
Government, and to design and construct upon the site a new
Federal Office Building of approximately 98,000 gross square
feet: Provided, That the Administrator shall not acquire any
property under this subsection until the Administrator
determines that the property is in compliance with applicable
environmental laws, and that the property is suitable and
available for use as a site to house the Federal agencies
presently located in the Thomas J. McIntyre Federal Building.
(b) For the site acquisition, design, construction, and
relocation, $11,149,000 shall be available from funds
previously provided under the heading ``General Services
Administration, Real Property Activities, Federal Buildings
Fund'' in Public Law 108-7 for repairs and alterations to the
Thomas J. McIntyre Federal Building in Portsmouth, New
Hampshire, which was included in the plan for expenditure of
repairs and alterations funds as required by accompanying
House Report 108-10.
(c) For any additional costs of construction, management
and inspection of the new facility to house the Federal
agencies relocated from the McIntyre Federal Office Building,
and for the costs of relocating the Federal agencies
occupying the McIntyre Federal Office Building, $13,669,000
shall be deposited into the Federal Buildings Fund (40 U.S.C.
592) from the General Fund; which amount, together with the
amount set forth in subsection (b) of this section shall
remain available until expended and shall be subject to such
escalation and reprogramming authorities available to the
Administrator for any other new construction projects under
the heading ``Federal Building Fund Limitations on
Availability of Revenue''.
(d) The Administrator is authorized and directed to convey,
without consideration, the Thomas J. McIntyre Federal Office
Building to the City of Portsmouth, New Hampshire for
economic development purposes subject to the following
conditions: (i) that all Federal agencies currently occupying
the McIntyre Building except the United States Postal Service
are completely relocated to the new Federal Building for so
long as those agencies have continuing mission needs for that
new location, (ii) that the requirements of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11411 et seq.) shall
not apply to this conveyance; and (iii) that the
Administrator may include in the conveyance documents such
terms and conditions as the Administrator determines in the
best interest of the United States.

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 Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform 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 vehicles, and direct procurement of
survey printing, $32,877,000 together with not to exceed
$2,626,000 for administrative expenses to adjudicate
retirement appeals to be transferred from the Civil Service
Retirement and Disability Fund in amounts determined by the
Merit Systems 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 Excellence in
National Environmental and Native American Public Policy Act
of 1992 (20 U.S.C. 5601 et seq.), $1,996,000, to remain
available until expended: Provided, That up to 60 percent of
such funds may be transferred by the Morris K. Udall
Scholarship and Excellence in National Environmental Policy
Foundation for the necessary expenses of the Native Nations
Institute.

environmental dispute resolution fund

For payment to the Environmental Dispute Resolution Fund to
carry out activities authorized in the Environmental Policy
and Conflict Resolution Act of 1998, $1,309,000, to remain
available until expended.

National Archives and Records Administration

operating expenses

For necessary expenses in connection with the
administration of the National Archives (including the
Information Security Oversight 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,

[[Page S13163]]

$258,191,000: Provided, That the Archivist of the United
States is authorized to use any excess funds available from
the amount borrowed for construction of the National Archives
facility, for expenses necessary to provide adequate storage
for holdings.

repairs and restoration

For the repair, alteration, and improvement of archives
facilities, and to provide adequate storage for holdings,
$13,483,000, to remain available until expended, of which
$2,025,000 is for land acquisition for a site in Anchorage,
Alaska to construct a new regional archives and records
facility and of which $5,000,000 is for the repair and
restoration of the plaza that surrounds the Lyndon Baines
Johnson Presidential Library and that is under the joint
control and custody of the University of Texas: Provided,
That such funds may be transferred directly to the University
and used, together with University funds, for repair and
restoration of the plaza and remain available until expended
for this purpose: Provided further, That the same transfer
authority shall extend to funds previously appropriated in
Public Law 108-7 for this purpose.

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, $5,000,000, to remain available
until expended.

National Transportation Safety Board

Salaries and Expenses

For necessary expenses of the National Transportation
Safety Board, including hire of passenger motor vehicles and
aircraft; services as authorized by 5 U.S.C. 3109, but at
rates for individuals not to exceed the per diem rate
equivalent to the rate for a GS-15; uniforms, or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902)
$72,170,000, of which not to exceed $2,000 may be used for
official reception and representation expenses.

EMERGENCY FUND

For necessary expenses of the National Transportation
Safety Board for accident investigations, $600,000, to remain
available until expended: Provided, That these funds shall be
available only to the extent necessary to restore the balance
of the emergency fund to $2,000,000 (29 U.S.C. 1118 (b)).

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 vehicles, and not to exceed $1,500
for official reception and representation expenses,
$10,738,000.

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 Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109; medical
examinations performed for veterans by private physicians on
a fee basis; rental of conference rooms in the District of
Columbia and elsewhere; hire of passenger motor vehicles; not
to exceed $2,500 for official reception and representation
expenses; advances for reimbursements to applicable funds of
the Office of Personnel Management and the Federal Bureau of
Investigation for expenses incurred under Executive Order No.
10422 of January 9, 1953, as amended; and payment of per diem
and/or subsistence allowances to employees where Voting
Rights Act activities require an employee to remain overnight
at his or her post of duty, $118,748,000, of which $2,000,000
shall remain available until expended for the cost of the
enterprise human resources integration project, and
$2,500,000 shall remain available until expended for the cost
of leading the government-wide initiative to modernize the
Federal payroll systems and service delivery and $2,500,000
shall remain available through September 30, 2005 to
coordinate and conduct program evaluation and performance
measurement; and in addition $135,914,000 for administrative
expenses, to be transferred from the appropriate trust funds
of the Office of Personnel Management without regard to other
statutes, including direct procurement of printed materials,
for the retirement and insurance programs, of which
$36,700,000 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), 8909(g), and
9004(f)(1)(A) and (2)(A) of title 5, United States Code:
Provided further, 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
successor unit of like purpose: Provided further, That the
President's Commission on White House Fellows, established by
Executive Order No. 11183 of October 3, 1964, may, during
fiscal year 2004, accept donations of money, property, and
personal services in connection with the development of a
publicity brochure to provide information about the White
House Fellows, except that no such donations shall be
accepted for travel or reimbursement of travel expenses, or
for the salaries of employees 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 authorized by 5 U.S.C.
3109, hire of passenger motor vehicles, $1,498,000, and in
addition, not to exceed $14,427,000 for administrative
expenses to audit, investigate, and provide other oversight
of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate
trust funds of the Office of Personnel Management, as
determined by the Inspector General: Provided, That the
Inspector General is authorized to rent conference rooms in
the District of Columbia and elsewhere.

government payment for annuitants, employees health benefits

For payment of Government contributions with respect 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 respect 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 increased
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.

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 Whistleblower Protection Act of 1989
(Public Law 101-12), as amended, Public Law 103-424, and the
Uniformed Services 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; $13,504,000.

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 subsections (c)
and (d) of section 2401 of title 39, United States Code,
$65,521,000, of which $36,521,000 shall not be available for
obligation until October 1, 2004: 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 participating in a
State or local program of child support enforcement, a fee
for information requested or provided concerning an address
of a postal customer: Provided further, 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
2004.

United States Tax Court

Salaries and Expenses

For necessary expenses, including contract reporting and
other services as authorized by 5 U.S.C. 3109, $40,187,000:
Provided, That travel expenses of the judges shall be paid
upon the written certificate of the judge.

White House Commission on the National Moment of Remembrance

For necessary expenses of the White House Commission on the
National Moment of Remembrance, $250,000.

TITLE V--GENERAL PROVISIONS

This Act

(including transfers of funds)

Sec. 501. During the current fiscal year applicable
appropriations to the Department of Transportation shall be
available for maintenance and operation of aircraft; hire of
passenger motor vehicles and aircraft; purchase of liability
insurance for motor vehicles operating in foreign countries
on official department business; and uniforms, or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 502. Such sums as may be necessary for fiscal year
2004 pay raises for programs funded in this Act shall be
absorbed within

[[Page S13164]]

the levels appropriated in this Act or previous
appropriations Acts.
Sec. 503. Appropriations contained in this Act for the
Department of Transportation shall be available for services
as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate for an
Executive Level IV.
Sec. 504. None of the funds in this Act shall be available
for salaries and expenses of more than 106 political and
Presidential appointees in the Department of Transportation:
Provided, That none of the personnel covered by this
provision or political and Presidential appointees in an
independent agency funded in this Act may be assigned on
temporary detail outside the Department of Transportation or
such independent agency.
Sec. 505. 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 proceedings funded in this Act.
Sec. 506. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal
year, nor may any be transferred to other appropriations,
unless expressly so provided herein.
Sec. 507. The expenditure of any appropriation under this
Act for any consulting service through procurement 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 otherwise provided under existing
law, or under existing Executive order issued pursuant to
existing law.
Sec. 508. None of the funds in this Act shall be used to
implement section 404 of title 23, United States Code.
Sec. 509. (a) No recipient of funds made available in this
Act shall disseminate personal information (as defined in 18
U.S.C. 2725(3)) obtained by a State department of motor
vehicles in connection with a motor vehicle record as defined
in 18 U.S.C. 2725(1), except as provided in 18 U.S.C. 2721
for a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold funds provided in this Act for any grantee if a
State is in noncompliance with this provision.
Sec. 510. Funds received by the Federal Highway
Administration, Federal Transit Administration, and Federal
Railroad Administration from States, counties,
municipalities, other public authorities, and private sources
for expenses incurred for training may be credited
respectively to the Federal Highway Administration's
``Federal-Aid Highways'' account, the Federal Transit
Administration's ``Transit Planning and Research'' account,
and to the Federal Railroad Administration's ``Safety and
Operations'' account, except for State rail safety inspectors
participating in training pursuant to 49 U.S.C. 20105.
Sec. 511. Notwithstanding any other provision of law, rule
or regulation, the Secretary of Transportation is authorized
to allow the issuer of any preferred stock heretofore sold to
the Department to redeem or repurchase such stock upon the
payment to the Department of an amount determined by the
Secretary.
Sec. 512. None of the funds in title I of this Act may be
used to make a grant unless the Secretary of Transportation,
or the Secretary of the department in which the
Transportation Security Administration is operating, notifies
the House and Senate Committees on Appropriations not less
than 3 full business days before any discretionary grant
award, letter of intent, or full funding grant agreement
totaling $1,000,000 or more is announced by the department or
its modal administrations from: (1) any discretionary grant
program of the Federal Highway Administration other than the
emergency relief program; (2) the airport improvement program
of the Federal Aviation Administration; or (3) any program of
the Federal Transit Administration other than the formula
grants and fixed guideway modernization programs: Provided,
That no notification shall involve funds that are not
available for obligation.
Sec. 513. Rebates, refunds, incentive payments, minor fees
and other funds received by the Department of Transportation
from travel management centers, charge card programs, the
subleasing of building space, and miscellaneous sources are
to be credited to appropriations of the Department of
Transportation and allocated to elements of the Department of
Transportation using fair and equitable criteria and such
funds shall be available until expended.
Sec. 514. None of the funds in this Act may be obligated
for the Office of the Secretary of Transportation to approve
assessments or reimbursable agreements pertaining to funds
appropriated to the modal administrations in this Act, except
for activities underway on the date of enactment of this Act,
unless such assessments or agreements have completed the
normal reprogramming process for Congressional notification.
Sec. 515. Funds appropriated or limited in title I of this
Act shall be subject to the terms and conditions stipulated
in section 350 of Public Law 107-87, including that the
Secretary submit a report to the House and Senate
Appropriations Committees annually on the safety and security
of transportation into the United States by Mexico-domiciled
motor carriers.
Sec. 516. 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 appropriations Act.
Sec. 517. Funds provided in this Act for the Working
Capital Fund shall be reduced by $17,816,000, which limits
fiscal year 2004 Working Capital Fund obligational authority
for elements of the Department of Transportation funded in
this Act to no more than $98,899,000: Provided, That such
reductions from the budget request shall be allocated by the
Department of Transportation to each appropriations account
in proportion to the amount included in each account for the
Working Capital Fund.
Sec. 518. Amendments to Prior Surface Transportation Laws.
(a) ISTEA High Priority Corridors.--
(1) Section 1105(c) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2032-2033)
as amended, is further amended by inserting after paragraph
(44) the following:
``(45) U.S. 78 from Tupelo, Mississippi, to Memphis,
Tennessee.''.
(2) Section 1105(e)(5)(A) of such Act as amended is further
amended by striking ``and subsection (c)(42)'' and inserting
after ``(c)(40),'' the following: ``in subsection (c)(42),
and in subsection (c)(45)''.
(3) Section 1105(e)(5)(B)(i) of such Act is amended by
adding at the end the following: ``The portion of the route
referred to in subsection (c)(45) and the portion of the
route referred to in subsection (c)(42) between Tupelo,
Mississippi, and Birmingham, Alabama, are designated as
Interstate Route I-22.''.
Sec. 519. Amounts made available in this or any other Act
that the Secretary determines represent improper payments by
the Department of Transportation to a third party contractor
under a financial assistance award, which are recovered
pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments;
and
(2) to pay contractors for services provided in recovering
improper payments: Provided, That amounts in excess of that
required for paragraphs (1) and (2)--
(A) shall be credited to and merged with the appropriation
from which the improper payments were made, and shall be
available for the purposes and period for which such
appropriations are available; or
(B) if no such appropriation remains available, shall be
deposited in the Treasury as miscellaneous receipts:
Provided, That prior to the transfer of any such recovery to
an appropriations account, the Secretary shall notify the
House and Senate Committees on Appropriations of the amount
and reasons for such transfer: Provided further, That for
purposes of this section, the term ``improper payments'', has
the same meaning as that provided in section 2(d)(2) of
Public Law 107-300.
Sec. 520. The Secretary of Transportation is authorized to
transfer the unexpended balances available for the bonding
assistance program from ``Office of the Secretary, Salaries
and expenses'' to ``Minority Business Outreach''.
Sec. 521. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 522. In conducting the rulemaking mandated by Section
352 of Public Law 108-7, the Department of Transportation and
any other agencies involved in the rulemaking shall ensure
that the proposed rules fully and accurately reflect the
findings in the General Accounting Office. The study concerns
the adequacy of the Department's procedures used prior to the
passage of Public Law 108-7 in order to ensure the security
of facilities and activities described in Section 352.
Sec. 523. No part of any appropriation contained in this
Act shall be available to pay the salary for any person
filling a position, other than a temporary position, 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 service 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.
Sec. 524. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c,
popularly known as the ``Buy America Act'').
Sec. 525. (a) Purchase of American-Made Equipment and
Products.--In the case of any equipment or products that may
be authorized to be purchased with financial assistance
provided under this Act, it is the sense of the Congress that
entities receiving such assistance should, in expending the
assistance, purchase only American-made equipment and
products.
(b) Notice to Recipients of Assistance.--In providing
financial assistance under this

[[Page S13165]]

Act, the Secretary of the Treasury shall provide to each
recipient of the assistance a notice describing the statement
made in subsection (a) by the Congress.
Sec. 526. 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, such
person shall be ineligible to receive any contract or
subcontract made with funds provided pursuant to this Act,
pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title
48, Code of Federal Regulations.
Sec. 527. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2004 from appropriations
made available for salaries and expenses for fiscal year 2004
in this Act, shall remain available through September 30,
2005, for each such account for the purposes authorized:
Provided, That a request shall be submitted to the Committees
on Appropriations for approval prior to the expenditure of
such funds: Provided further, That these requests shall be
made in compliance with reprogramming guidelines.
Sec. 528. 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 extraordinary
circumstances involving national security.
Sec. 529. The cost accounting standards promulgated under
section 26 of the Office of Federal Procurement Policy Act
(Public Law 93-400; 41 U.S.C. 422) shall not apply with
respect to a contract under the Federal Employees Health
Benefits Program established under chapter 89 of title 5,
United States Code.
Sec. 530. For the purpose of resolving litigation and
implementing any settlement agreements regarding the
nonforeign area cost-of-living allowance program, the Office
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. 531. 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. 532. Notwithstanding any other provision of law, any
bridge that is owned and operated by a state agency (1) whose
toll revenues are administered by a Metropolitan Planning
Organization (MPO), and (2) whose toll revenues provide for
subsidizing of non-capital transportation costs, shall be
eligible for assistance under this section but the amount of
toll revenues expended for non-capital transportation costs
shall in no event exceed the cumulative amount of local toll
revenues used for federal interstate and federal-aid highway
construction and improvement projects in the toll bridge
corridors. Before authorizing an expenditure of funds under
this subsection, the Secretary shall determine that the
cumulative amount of toll revenues used for construction and
improvement to the federal interstate and federal-aid highway
system is greater than the cumulative amount of toll revenue
used for non-capital transportation projects not directly
related to the on-going operation and maintenance of the toll
bridges.
Sec. 533. Notwithstanding any other provision of this Act,
amounts appropriated or limited in this Act are hereby
reduced by $128,076,000. Such reductions shall--
(1) be administered by the Director, Office of Management
and Budget;
(2) be assessed by the Director within 30 days of enactment
of this Act;
(3) be derived solely from funds appropriated or limited
for activities under:
(A) Object Class 21.0--Travel and Transportation of
Persons, with the exception of funds provided for the travel
of safety inspectors within the Department of Transportation
and enforcement personnel within the Department of the
Treasury;
(B) Object Class 22.0--Transportation of Things;
(C) Object Class 23.3--Communications, Utilities, and
Miscellaneous Charges, with the exception of the
telecommunication costs associated with the FAA air traffic
control system and the Internal Revenue Service;
(D) Object Class 24.0--Printing and Reproduction, with the
exception of such expenses within the Internal Revenue
Service;
(E) Object Class 25.1--Advisory and Assistance Services;
(F) Object Class 26.0--Supplies and Materials, with the
exception of such expenses in the United States Mint;
(G) Object Class 31.0--Equipment, with the exception of
such expenses under the Internal Revenue Service and the FAA
Facilities and Equipment account.
(4) be assessed by the Director on a pro-rata basis against
all agencies funded in this Act with adjustments necessitated
by the exceptions cited under subsection (3); and
(5) not be assessed against the Department of
Transportation's Working Capital Fund.
Sec. 534. None of the funds appropriated or limited in
title I of this Act may be used to change weight restrictions
or prior permission rules at Teterboro Airport.
Sec. 535. Section 414(h) of title 39, United States Code,
is amended by striking ``2003'' and inserting ``2005''.
Sec. 536. After the last section of the Federal Transit
Act, 49 U.S.C. Chapter 53, add the following section:

``SEC. __. UTAH TRANSPORTATION PROJECTS.

``(a) Coordination.--FTA and FHWA are directed to work with
the Utah Transit Authority and the Utah Department of
Transportation to coordinate the development regional
commuter rail and the northern segment of I-15 reconstruction
located in the Wasatch Front corridor extending from Brigham
City to Payson, Utah. Coordination includes integration of
preliminary engineering and design, a simplified method for
allocating project costs among eligible FTA and FHWA funding
sources, and a unified accounting and audit process.
``(b) Governmental Funding.--For purposes of determining
and allocating the nongovernmental and governmental share of
costs, the following projects comprise a related program of
projects: regional commuter rail, the TRAX light rail system,
TRAX extensions to the Medical Center and to the Gateway
Intermodal Center, and the northern segment of I-15
reconstruction. The governmental share of project costs
appropriated from the Section 5309 New Start program shall
conform to the share specified in the extension or
reauthorization of TEA21.''.

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 instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 2004 shall obligate or expend any
such funds, unless such department, 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 officers and employees of
such department, agency, or instrumentality.
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 passenger motor vehicle
(exclusive of buses, ambulances, law enforcement, and
undercover surveillance vehicles), is hereby fixed at $8,100
except station wagons for which the maximum shall be $9,100:
Provided, That these limits may be 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 Demonstration 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 conventionally fueled vehicles.
Sec. 604. Appropriations of the executive departments and
independent establishments for the current fiscal year
available for expenses of travel, or for the expenses of the
activity concerned, are hereby made available for quarters
allowances and cost-of-living allowances, in accordance with
5 U.S.C. 5922-5924.
Sec. 605. Unless otherwise specified during the current
fiscal year, no part of any appropriation contained in this
or any other Act shall be used to pay the compensation of any
officer or employee of the Government of the United States
(including any agency the majority of the stock of which is
owned by the Government of the United States) whose post of
duty is in the continental United States unless such person:
(1) is a citizen of the United States; (2) is a person in the
service of the United States on the date of the enactment of
this Act who, being eligible for citizenship, has filed a
declaration of intention to 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 countries lawfully admitted to the United States for
permanent residence; (5) is a South Vietnamese, Cambodian, or
Laotian refugee paroled in the United States after January 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 evidence 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 year, or both: Provided
further, That the above penal clause shall be in addition to,

[[Page S13166]]

and not in substitution for, any other provisions of existing
law: Provided further, That any payment made to any officer
or employee contrary 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 allied with the United States in a current defense
effort, or to international broadcasters employed by the
United States Information Agency, or to temporary employment
of translators, or to temporary employment in the field
service (not to exceed 60 days) as a result of emergencies.
Sec. 606. Appropriations available to any department or
agency during the current fiscal year for necessary expenses,
including maintenance or operating expenses, shall also be
available for payment to the General Services Administration
for charges for space and services and those expenses of
renovation and alteration of buildings and facilities which
constitute public improvements performed in accordance with
the Public Buildings Act of 1959 (73 Stat. 749), the Public
Buildings Amendments of 1972 (87 Stat. 216), or other
applicable law.
Sec. 607. In addition to funds provided in this or any
other Act, all Federal agencies are authorized to receive 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 management 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 addition to
objects for which such funds are otherwise available, for
rent in the District of Columbia; services in accordance with
5 U.S.C. 3109; and the objects specified under this head, all
the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the
Act by which they are made available: Provided, That in the
event any functions budgeted as administrative expenses are
subsequently transferred to or paid from other funds, the
limitations on administrative expenses shall be
correspondingly reduced.
Sec. 609. No part of any appropriation for the current
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 instrumentality.
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 Services may take under the
provisions of sections 2 and 3 of the Act of June 1, 1948, as
amended (62 Stat. 281; 40 U.S.C. 318a and 318b), attaching
thereto penal consequences under the authority and within the
limits provided in section 4 of the Act of June 1, 1948, as
amended (62 Stat. 281; 40 U.S.C. 318c).
Sec. 612. None of the funds made available pursuant to the
provisions of this Act shall be used to implement,
administer, or enforce any regulation which has been
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 2004, by this
or any other Act, may be used to pay any prevailing rate
employee described in section 5342(a)(2)(A) of title 5,
United States Code--
(1) during the period from the date of expiration of the
limitation imposed by the comparable section for previous
fiscal years until the normal effective date of the
applicable wage survey adjustment that is to take effect in
fiscal year 2004, in an amount that exceeds the rate payable
for the applicable grade and step of the applicable wage
schedule in accordance with such section; and
(2) during the period consisting of the remainder of fiscal
year 2004, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under paragraph (1) by
more than the sum of--
(A) the percentage adjustment taking effect in fiscal year
2004 under section 5303 of title 5, United States Code, in
the rates of pay under the General Schedule; and
(B) the difference between the overall average percentage
of the locality-based comparability payments taking effect in
fiscal year 2004 under section 5304 of such title (whether by
adjustment or otherwise), and the overall average percentage
of such payments which was effective in the previous fiscal
year under such section.
(b) Notwithstanding any other provision of law, no
prevailing rate employee described in subparagraph (B) or (C)
of section 5342(a)(2) of title 5, United States Code, and no
employee covered by section 5348 of such title, may be paid
during the periods for which subsection (a) is in effect at a
rate that exceeds the rates that would be payable under
subsection (a) were subsection (a) applicable to such
employee.
(c) For the purposes of this section, the rates payable to
an employee who is covered by this section and who is paid
from a schedule not in existence on September 30, 2003, shall
be determined under regulations prescribed by the Office of
Personnel Management.
(d) Notwithstanding any other provision of law, rates of
premium pay for employees subject to this section may not be
changed from the rates in effect on September 30, 2003,
except to the extent determined by the Office of Personnel
Management to be consistent with the purpose of this section.
(e) This section shall apply with respect to pay for
service performed after September 30, 2003.
(f) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit)
that requires any deduction or contribution, or that imposes
any requirement or limitation on the basis of a rate of
salary or basic pay, the rate of salary or basic pay payable
after the application of this section shall be treated as the
rate of salary or basic pay.
(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 provide for
exceptions to the limitations imposed by this section if the
Office determines that such exceptions are necessary to
ensure the recruitment or retention of qualified 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 obligated or
expended in excess of $5,000 to furnish or redecorate 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 approved by the Committees on
Appropriations. For the purposes of this section, the term
``office'' shall include the entire suite of offices assigned
to the individual, as well as any other space used primarily
by the individual or the use of which is directly controlled
by the individual.
Sec. 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 telecommunications initiatives
which benefit multiple Federal departments, agencies, or
entities, as provided by Executive 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 character excepted from
the competitive service pursuant to section 3302 of title 5,
United States Code, without a certification to the Office of
Personnel Management from the head of the Federal department,
agency, or other instrumentality employing the Schedule C
appointee that the Schedule C position was not created solely
or primarily in order to detail the employee to the White
House.
(b) The provisions of this section shall not apply to
Federal employees or members of the armed services detailed
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 Defense 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 Investigation 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 intelligence functions; and
(7) the Director of Central Intelligence.
Sec. 617. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act

[[Page S13167]]

for the current fiscal year shall obligate 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 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
Discrimination in Employment Act of 1967, and the
Rehabilitation 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 threatens to
prohibit or prevent, any other officer or employee 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 initiative of such
other officer or employee or in response to the request or
inquiry of such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance of
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment 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 subcommittee 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 knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training 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 Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
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 agreements in
Standard Forms 312 and 4414 of the Government or any other
nondisclosure policy, form, or agreement if such policy,
form, or agreement does not contain the following provisions:
``These restrictions are consistent with and do not
supersede, conflict with, or otherwise alter the employee
obligations, rights, or liabilities created by Executive
Order No. 12958; section 7211 of title 5, United States Code
(governing disclosures to Congress); section 1034 of title
10, United States Code, as amended by the Military
Whistleblower Protection Act (governing 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.) (governing disclosures that could expose
confidential Government agents); and the statutes which
protect against disclosure that may compromise the national
security, including sections 641, 793, 794, 798, and 952 of
title 18, United States Code, and section 4(b) of the
Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The
definitions, requirements, obligations, rights, sanctions,
and liabilities created by said Executive order and listed
statutes are incorporated into this agreement and are
controlling.'': Provided, That notwithstanding the preceding
paragraph, a nondisclosure policy form or 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 Government, may
contain provisions appropriate to the particular activity for
which such document is to be used. Such form or agreement
shall, at a minimum, require that the person will not
disclose any classified information received in the course of
such activity unless specifically authorized to do so by the
United States Government. Such nondisclosure forms shall also
make it clear that they do not bar disclosures to Congress or
to an authorized official of an executive agency or the
Department of Justice that are essential to reporting a
substantial violation of law.
Sec. 621. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution or use of any kit, pamphlet,
booklet, publication, radio, television or film presentation
designed to support or defeat legislation pending before the
Congress, except in presentation to the Congress itself.
Sec. 622. None of the funds appropriated by this or any
other Act may be used by an agency to provide a Federal
employee's home address to any labor organization except when
the employee has authorized such disclosure or when such
disclosure has been ordered by a court of competent
jurisdiction.
Sec. 623. None of the funds made available in this Act or
any other Act may be used to provide any non-public
information such as mailing or telephone lists to any person
or any organization outside of the Federal Government without
the approval of the Committees on Appropriations.
Sec. 624. No part of any appropriation contained in this or
any other Act shall be used for publicity or propaganda
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 regulations
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.
Sec. 626. Notwithstanding 31 U.S.C. 1346 and section 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 administrative 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 section 610 of
this Act, the head of each Executive department and agency is
hereby authorized to transfer to or reimburse the ``Policy
and Citizen Services'' account, General Services
Administration, with the approval of the Director of the
Office of Management and Budget, funds made available for the
current fiscal year by this or any other Act, including
rebates from charge card and other contracts. These funds
shall be administered by the Administrator of General
Services to support Government-wide financial, information
technology, procurement, and other management innovations,
initiatives, and activities, as approved by the Director of
the Office of Management and Budget, in consultation with the
appropriate interagency groups designated by the Director
(including the Chief Financial Officers Council and the Joint
Financial Management Improvement Program for financial
management initiatives, the Chief Information Officers
Council for information technology initiatives, and the
Procurement Executives Council for procurement initiatives).
The total funds transferred or reimbursed shall not exceed
$12,250,000. Such transfers or reimbursements may only be
made 15 days following notification of the Committees on
Appropriations by the Director of the Office of Management
and Budget.
Sec. 628. None of the funds made available in this or any
other Act may be used by the Office of Personnel Management
or any other department or agency of the Federal Government
to (a) operate an online employment information service for
the Federal Government under any contract awarded under the
request for quotations number SOLO30000003 issued by the
Office of Personnel Management unless the Office of Personnel
Management complies with the recommendations of the
Comptroller General in the General Accounting Office decision
of April 29, 2003, referred to as Symplicity Corporation, B-
291902; or (b) prohibit any agency from using appropriated
funds as they see fit to independently contract with private
companies to provide online employment applications and
processing services.
Sec. 629. 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. 630. Nothwithstanding 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 efforts to carry out the
purposes of the National Science and Technology Council
(authorized by Executive Order No. 12881), which benefit
multiple Federal departments, agencies, or entities:
Provided, That the Office of Management and Budget shall
provide a report describing the budget

[[Page S13168]]

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 Transportation 90 days after enactment
of this Act.
Sec. 631. 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 applicable, and the
amount provided. This provision shall apply to direct
payments, formula funds, and grants received by a State
receiving Federal funds.
Sec. 632. Subsection (f) of section 403 of Public Law 103-
356 (31 U.S.C. 501 note) is amended by striking ``October 1,
2003'' and inserting ``October 1, 2004''.
Sec. 633. (a) Prohibition of Federal Agency Monitoring of
Personal Information on Use of Internet.--None of the funds
made available in this or any other Act may be used by any
Federal agency--
(1) to collect, review, or create any aggregate list,
derived from any means, that includes the collection of any
personally identifiable information relating to an
individual's access to or use of any Federal Government
Internet site of the agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregate list, derived from any means, that
includes the collection of 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 identifiable
information;
(3) any action taken for law enforcement, regulatory, 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 operator of an Internet
site and is necessarily incident to the rendition of the
Internet site services or to the protection of the rights or
property of the provider of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety
and soundness, overall financial condition, management
practices and policies and compliance with applicable
standards as provided in law.
Sec. 634. (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 provision 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 enters into
or renews a contract under this section may not subject any
individual to discrimination on the basis that the individual
refuses to prescribe or otherwise provide for contraceptives
because such activities would be contrary to the individual's
religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require
coverage of abortion or abortion-related services.
Sec. 635. The Congress of the United States recognizes the
United States Anti-Doping Agency (USADA) as the official
anti-doping agency for Olympic, Pan American, and Paralympic
sport in the United States.
Sec. 636. (a) The adjustment in rates of basic pay for
employees under the statutory pay systems that takes effect
in fiscal year 2004 under sections 5303 and 5304 of title 5,
United States Code, shall be an increase of 4.1 percent, and
this adjustment shall apply to civilian employees in the
Department of Defense and the Department of Homeland Security
and such adjustments shall be effective as of the first day
of the first applicable pay period beginning on or after
January 1, 2004.
(b) Notwithstanding section 713 of this Act, the adjustment
in rates of basic pay for the statutory pay systems that take
place in fiscal year 2004 under sections 5344 and 5348 of
title 5, United States Code, shall be no less than the
percentage in paragraph (a) as employees in the same location
whose rates of basic pay are adjusted pursuant to the
statutory pay systems under section 5303 and 5304 of title 5,
United States Code. Prevailing rate employees at locations
where there are no employees whose pay is increased pursuant
to sections 5303 and 5304 of title 5 and prevailing rate
employees described in section 5343(a)(5) of title 5 shall be
considered to be located in the pay locality designated as
``Rest of US'' pursuant to section 5304 of title 5 for
purposes of this paragraph.
(c) Funds used to carry out this section shall be paid from
appropriations, which are made to each applicable department
or agency for salaries and expenses for fiscal year 2004.
Sec. 637. Not later than 6 months after the date of
enactment of this Act, the Inspector General of each
applicable department or agency shall submit to the Committee
on Appropriations a report detailing what policies and
procedures are in place for each department or agency to give
first priority to the location of new offices and other
facilities in rural areas, as directed by the Rural
Development Act of 1972.
Sec. 638. None of the funds made available under this or
any other Act for fiscal year 2004 shall be expended for the
purchase of a product or service offered by Federal Prison
Industries, Inc. unless the agency making such purchase
determines that such offered product or service provides the
best value to the buying agency pursuant to governmentwide
procurement regulations, issued pursuant to section 25(c)(1)
of the Office of Federal Procurement Act (41 U.S.C.
421(c)(1)) that impose procedures, standards, and limitations
of section 2410n of title 10, United States Code.
Sec. 639. Notwithstanding any other provision of law, funds
appropriated for official travel by Federal departments and
agencies may be used by such departments and agencies, if
consistent with Office of Management and Budget Circular A-
126 regarding official travel for Government personnel, to
participate in the fractional aircraft ownership pilot
program.
Sec. 640. Each Executive department and agency shall
evaluate the creditworthiness of an individual before issuing
the individual a government purchase charge card or
government travel charge card. The department or agency may
not issue a government purchase charge card or government
travel charge card to an individual that either lacks a
credit history or is found to have an unsatisfactory credit
history as a result of this evaluation: Provided, That this
restriction shall not preclude issuance of a restricted-use
charge, debit, or stored value card made in accordance with
agency procedures to (a) an individual with an unsatisfactory
credit history where such card is used to pay travel expenses
and the agency determines there is no suitable alternative
payment mechanism available before issuing the card, or (b)
an individual who lacks a credit history. Each Executive
department and agency shall establish guidelines and
procedures for disciplinary actions to be taken against
agency personnel for improper, fraudulent, or abusive use of
government charge cards, which shall include appropriate
disciplinary actions for use of charge cards for purposes,
and at establishments, that are inconsistent with the
official business of the Department or agency or with
applicable standards of conduct. Disciplinary actions may
include, but are not limited to, the review of the security
clearance of the individual involved and the modification or
revocation of such security clearance in light of the review.
Sec. 641. Notwithstanding any other provision of law, no
executive branch agency shall purchase, construct, and/or
lease any additional facilities, except within or contiguous
to existing locations, to be used for the purpose of
conducting Federal law enforcement training without the
advance approval of the Committees on Appropriations, except
that the Federal Law Enforcement Training Center is
authorized to obtain the temporary use of additional
facilities by lease, contract, or other agreement for
training which cannot be accommodated in existing Center
facilities.
Sec. 642. Not later than December 31 of each year, the head
of each agency shall submit to Congress a report on the
competitive sourcing activities performed during the previous
fiscal year by Federal Government sources that are on the
list required under the Federal Activities Inventory Reform
Act of 1998 (Public Law 105-270; 31 U.S.C. 501 note). The
report shall include--
(1) the number of full time equivalent Federal employees
studied for competitive sourcing;
(2) the total agency cost required to carry out its
competitive sourcing program;
(3) the costs attributable to paying outside consultants
and contractors to carry out the agency's competitive
sourcing program;
(4) the costs attributable to paying agency personnel to
carry out its competitive sourcing program; and
(5) an estimate of the savings attributed as a result of
the agency competitive sourcing program.
This Act may be cited as the ``Transportation, Treasury,
and General Government Appropriations Act, 2004''.
______

SA 1900. Mr. DORGAN (for himself, Mr. Enzi, Mr. Hagel, Mr. Baucus,
Mr. Craig, Mr. Dodd, Mr. Bingaman, Mr. Leahy, and Mr. Durbin) proposed
an amendment to the bill H.R. 2989, making appropriations for the
Departments of Transportation and Treasury, and independent agencies
for the fiscal year ending September 30, 2004, and for other purposes;
as follows:

On page 155, between lines 21 and 22, insert the following:
Sec. 643. (a) None of the funds made available in this Act
may be used to administer or enforce part 515 of title 31,
Code of Federal Regulations (the Cuban Assets Control
Regulations) with respect to any travel or travel-related
transaction.
(b) The limitation established in subsection (a) shall not
apply to the administration of general or specific licenses
for travel

[[Page S13169]]

or travel-related transactions, shall not apply to section
515.204, 515.206, 515.332, 515.536, 515.544, 515.547,
515.560(c)(3), 515.569, 515.571, or 515.803 of such part 515,
and shall not apply to transactions in relation to any
business travel covered by section 515.560(g) of such part
515.
______

SA 1901. Mr. CRAIG (for himself, Mr. Dorgan, Mr. Enzi, Mr. Hagel, Mr.
Baucus, Mr. Dodd, and Mr. Roberts) proposed an amendment to amendment
SA 1900 proposed by Mr. Dorgan (for himself, Mr. Enzi, Mr. Hagel, Mr.
Baucus, Mr. Craig, Mr. Dodd, Mr. Bingaman, Mr. Leahy, and Mr. Durbin)
to the bill H.R. 2989, making appropriations for the Departments of
Transportation and Treasury, and independent agencies for the fiscal
year ending September 30, 2004, and for other purposes; as follows:

In the amendment strike all after ``Sec. 643.'' and insert
the following:
(a) None of the funds made available in this Act may be
used to administer or enforce part 515 of title 31, Code of
Federal Regulations (the Cuban Assets Control Regulations)
with respect to any travel or travel-related transaction.
(b) The limitation established in subsection (a) shall not
apply to the administration of general or specific licenses
for travel or travel-related transactions, shall not apply to
section 515.204, 515.206, 515.332, 515.536, 515.544, 515.547,
515.560(c)(3), 515.569, 515.571, or 515.803 of such part 515,
and shall not apply to transactions in relation to any
business travel covered by section 515.560(g) of such part
515.
(c) This section shall take effect one day after date of
enactment.
______

SA 1902. Mr. BAYH (for himself and Mr. Lugar) submitted an amendment
intended to be proposed by him to the bill H.R. 2989, making
appropriations for the Departments of Transportation and Treasury, and
independent agencies for the fiscal year ending September 30, 2004, and
for other purposes; which was ordered to lie on the table; as follows:

On page 14, between lines 2 and 3, insert the following:
Sec. 105. The Administrator of the Federal Aviation
Administration shall, for purposes of chapter 471 of title
49, United States Code, give priority consideration to a
letter of intent application for funding submitted by the
City of Gary, Indiana, or the State of Indiana, for the
extension of the main runway at the Gary/Chicago Airport. The
letter of intent application shall be considered upon
completion of the environmental impact statement and benefit
cost analysis in accordance with Federal Aviation
Administration requirements. The Administrator shall consider
the letter of intent application not later than 90 days after
receiving it from the applicant.
______

SA 1903. Mr. DORGAN submitted an amendment intended to be proposed by
him to the bill H.R. 2989, making appropriations for the Departments of
Transportation and Treasury, and independent agencies for the fiscal
year ending September 30, 2004, and for other purposes; which was
ordered to lie on the table; as follows:

On page 63, line 22, strike the period and insert ``, of
which $1,000,000 shall be available without fiscal year
limitation for the continuation of bimonthly audits of the
Internal Revenue Service taxpayer assistance centers for
calendar years 2004 and 2005.''
______

SA 1904. Mr. FEINGOLD proposed an amendment to the bill H.R. 2989,
making appropriations for the Departments of Transportation and
Treasury, and independent agencies for the fiscal year ending September
30, 2004, and for other purposes; as follows:

At the appropriate place in the bill, insert the following:
Sec. __. Notwithstanding any other provision of law, no
adjustment shall be made under section 601(a) of the
Legislative Reorganization Act of 1946 (2 U.S.C. 31)
(relating to cost of living adjustments for Members of
Congress) during fiscal year 2004.
______

SA 1905. Mr. HARKIN (for himself, Mr. Feingold, Mr. Kennedy, and Mr.
Durbin) proposed an amendment to the bill H.R. 2989, making
appropriations for the Departments of Transportation and Treasury, and
independent agencies for the fiscal year ending September 30, 2004, and
for other purposes; as follows:

At the appropriate place, insert the following:
Sec.  . None of the funds made available in this Act may be
used by the Secretary of the Treasury or his delegate to
issue any rule or regulation which implements the proposed
amendments to Internal Revenue Service regulations set forth
in REG-209500-86 and REG-164464-02, filed December 10, 2002,
or any amendments reaching results similar to such proposed
amendments.
______

SA 1906. Mr. DeWINE submitted an amendment intended to be proposed by
him to the bill H.R. 2989, making appropriations for the Departments of
Transportation and Treasury, and independent agencies for the fiscal
year ending September 30, 2004, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:
Sec. __. (a) Section 802(b)(1) of the Japanese Imperial
Government Disclosure Act of 2000 (Public Law 106-567; 114
Stat. 2865) is amended by striking ``3 years'' and inserting
``4 years''.
(b) An additional amount of $500,000 is provided to the
National Archives to carry out the Japanese Imperial
Government Disclosure Act of 2000 (Public Law 106-567; 114
Stat. 2865).
______

SA 1907. Mr. BINGAMAN (for himself, Mr. Inhofe, Mr. Inouye, Mr.
Johnson, and Mr. Daschle) submitted an amendment intended to be
proposed by him to the bill H.R. 2989, making appropriations for the
Departments of Transportation and Treasury, and independent agencies
for the fiscal year ending September 30, 2004, and for other purposes;
which was ordered to lie on the table; as follows:

On page 31, between lines 13 and 14, insert the following:

SEC. 1__. INDIAN RESERVATION ROADS PROGRAM.

(a) In General.--Notwithstanding any other provision of
law, in addition to funds limited in this Act for the Indian
reservation roads program under section 204 of title 23,
United States Code, an additional amount to be derived from
the Highway Trust Fund (other than the Mass Transit Account)
shall be available, such that a total of $333,000,000 shall
be available in fiscal year 2004 to carry out the Indian
reservation roads program.
(b) Availability.--The additional amount under subsection
(a)--
(1) shall be available in the same manner as if the funds
were apportioned under chapter 1 of title 23, United States
Code; and
(2) shall be subject to any obligation limitation for
Federal-aid highways established by this Act or any other
Act.
(c) Amount of Obligation Limitation.--The amount of any
obligation limitation for the Indian reservation roads
program shall be equal to the total amount of contract
authority made available for the Indian reservation roads
program for fiscal year 2004.
______

SA 1908. Mr. BINGAMAN (for himself, Ms. Snowe, Mr. Specter, Mr.
Nelson of Nebraska, Mr. Schumer, Mr. Jeffords, Mr. Pryor, Mr. Leahy,
Mr. Daschle, Mr. Baucus, Ms. Collins, Mr. Grassley, Mr. Domenici, Mr.
Harkin, Mrs. Lincoln, Mr. Hagel, and Mr. Bunning) submitted an
amendment intended to be proposed by him to the bill H.R. 2989, making
appropriations for the Departments of Transportation and Treasury, and
independent agencies for the fiscal year ending September 30, 2004, and
for other purposes; which was ordered to lie on the table; as follows:

On page 14, between lines 2 and 3, insert the following new
section:
Sec. 105. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended to
establish or implement 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
percent of their essential air subsidy costs for a 4-year
period, commonly referred to as the EAS local participation
program.
______

SA 1909. Mr. HOLLINGS (for himself, Mr. Lautenberg, and Mr. Carper)
submitted an amendment intended to be proposed by him to the bill H.R.
2989, making appropriations for the Departments of Transportation and
Treasury, and independent agencies for the fiscal year ending September
30, 2004, and for other purposes; which was ordered to lie on the
table; as follows:

On page 39, line 10, strike ``$1,346,000,000,'' and insert
``$1,700,000,000,''.
______

SA 1910. Mrs. FEINSTEIN submitted an amendment intended to be
proposed by her to the bill H.R. 2989, making appropriations for the
Departments of Transportation and Treasury, and independent agencies
for the fiscal year ending September 30, 2004, and for other purposes;
which was ordered to lie on the table; as follows:

On page 31, between lines 13 and 14, insert the following:
Sec. 115. Section 345(6) of the Department of
Transportation and Related Agencies Appropriations Act, 2003
(division I of Public Law 108-7; 117 Stat. 418) is amended in
the fourth proviso--
(1) by striking ``except for'' and inserting ``including'';
and
(2) by inserting before the period at the end the
following: ``Provided further, That the

[[Page S13170]]

Secretary may also modify the permitted uses of draws on the
lines of credit to include repair and replacement costs''.
______

SA 1911. Mr. CARPER (for himself and Mr. Biden) submitted an
amendment intended to be proposed by him to the bill H.R. 2989, making
appropriations for the Departments of Transportation and Treasury, and
independent agencies for the fiscal year ending September 30, 2004, and
for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:
Sec. __. The Secretary of Transportation shall, in
connection with the Philadelphia International Airport
Capacity Enhancement Program, consider the impact of aircraft
noise on northern Delaware--
(1) within the scope of the environmental impact statement
prepared in connection with the Program; and
(2) as part of any study of aircraft noise required under
the National Environmental Protection Act of 1969 and
conducted pursuant to part 150 of title 14, Code of Federal
Regulations, or any successor regulations.
______

SA 1912. Mr. CARPER (for himself and Mr. Biden) submitted an
amendment intended to be proposed by him to the bill H.R. 2989, making
appropriations for the Departments of Transportation and Treasury, and
independent agencies for the fiscal year ending September 30, 2004, and
for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:
Sec. __. No funds appropriated or otherwise made available
by this Act may be obligated or expended to undertake the
environmental impact statement for the Philadelphia
International Airport Capacity Enhancement Program unless the
Secretary of Transportation considers the impact of aircraft
noise on northern Delaware--
(1) within the scope of the environmental impact statement
prepared in connection with the Program; and
(2) as part of any study of aircraft noise required under
the National Environmental Protection Act of 1969 and
conducted pursuant to part 150 of title 14, Code of Federal
Regulations, or any successor regulations.
______

SA 1913. Mr. CARPER (for himself and Mr. Biden) submitted an
amendment intended to be proposed by him to the bill H.R. 2989, making
appropriations for the Departments of Transportation and Treasury, and
independent agencies for the fiscal year ending September 30, 2004, and
for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:
Sec. __. It is the sense of the Senate that the Secretary
of Transportation must, in connection with the Philadelphia
International Airport Capacity Enhancement Program, consider
the impact of aircraft noise on northern Delaware--
(1) within the scope of the environmental impact statement
prepared in connection with the Program; and
(2) as part of any study of aircraft noise required under
the National Environmental Protection Act of 1969 and
conducted pursuant to part 150 of title 14, Code of Federal
Regulations, or any successor regulations.
______

SA 1914. Mr. GRASSLEY (for himself and Mr. Domenici) submitted an
amendment intended to be proposed by him to the bill H.R. 2989, making
appropriations for the Departments of Transportation and Treasury, and
independent agencies for the fiscal year ending September 30, 2004, and
for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:
Sec. __. None of the funds appropriated or made available
under this Act or any other appropriations Act may be used 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). If such proposed regulations are
final regulations on the date of enactment of this Act, none
of the funds appropriated or made available under this Act
may be used to implement, administer, or enforce such final
regulations.
______

SA 1915. Ms. MIKULSKI submitted an amendment intended to be proposed
by her to the bill H.R. 2989, making appropriations for the Departments
of Transportation and Treasury, and independent agencies for the fiscal
year ending September 30, 2004, and for other purposes; which was
ordered to lie on the table; as follows:

On page 127, after line 23, insert the following:
Sec. 537. (a) None of the funds appropriated or otherwise
made available by this or any other Act may be used by an
executive agency to initiate, complete, or implement, under
the provisions of Office of Management and Budget Circular A-
76 or under any similar provisions of any other order or
directive, any competitive sourcing study regarding the
performance of any activity of an executive agency that
relates to agency security, biodefense, or homeland security,
including--
(1) any research relating to infectious diseases and
biomedical terrorism;
(2) any activity requiring--
(A) physical, electronic, or other access to biological,
pathological, chemical, genetic, or radioactive substances;
and
(B) the development or documentation of such substances;
and
(3) the safeguarding and maintenance of biological,
pathological, chemical, genetic, or radioactive substances
and the facilities housing such substances.
(b) Nothing in this section shall be construed to prohibit
the use of funds for solicitation, review, or awarding of
grants for support of research relating to biodefense or
homeland security, including any such research that relates
to infectious diseases or biomedical terrorism.
(c) In this section, the term ``executive agency'' has the
meaning given such term in section 4 of the Office of Federal
Procurement Policy Act (41 U.S.C. 403).
______

SA 1916. Ms. MIKULSKI submitted an amendment intended to be proposed
by her to the bill H.R. 2989, making appropriations for the Departments
of Transportation and Treasury, and independent agencies for the fiscal
year ending September 30, 2004, and for other purposes; which was
ordered to lie on the table; as follows:

On page 14, between lines 2 and 3, insert the following:
Sec. 105. None of the funds appropriated by this Act or any
other Act may be used to carry out a public-private
competition or take any other action to convert to contractor
performance of any activity or function that, on or after
January 1, 2003, is performed by employees of the National
Aeronautical Charting Office of the Federal Aviation
Administration.
______

SA 1917. Ms. MIKULSKI (for herself, Ms. Landrieu, Mr. Reid, Mr.
Sarbanes, Mr. Lautenberg, Mr. Lieberman, Mr. Kennedy, Mr. Leahy, Mr.
Akaka, Mr. Byrd, Mr. Edwards, and Mr. Corzine) proposed an amendment to
the bill H.R. 2989, making appropriations for the Departments of
Transportation and Treasury, and independent agencies for the fiscal
year ending September 30, 2004, and for other purposes; as follows:

On page 127, after line 23, insert the following:
Sec. 537. 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.
______

SA 1918. Mr. SPECTER submitted an amendment intended to be proposed
by him to the bill H.R. 2989, making appropriations for the Departments
of Transportation and Treasury, and independent agencies for the fiscal
year ending September 30, 2004, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place in the bill, insert:
``Sec.  . Notwithstanding any other provision of law, funds
made available in this Act or identified in committee reports
accompanying this Act for capital investment grants in the
area of Harrisburg, Pennsylvania, may be used for costs
associated with the Corridor One Regional Rail Project which
are eligible to be financed under 49 U.S.C. 5309.''.
______

SA 1919. Mr. CHAMBLISS (for himself and Mr. Miller) submitted an
amendment intended to be proposed by him to the bill H.R. 2989, making
appropriations for the Departments of Transportation and Treasury, and
independent agencies for the fiscal year ending September 30, 2004, and
for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in the bill, insert: ``G.P.  .
Within available funds provided for ``Facilities and
equipment,'' $1,500,000 shall be provided for a precision
instrument approach landing system (ILS) at Lee Gilmer
Memorial Airport, Gainesville, Georgia.''.
______

SA 1920. Mr. CHAMBLISS submitted an amendment intended to be proposed
by him to the bill H.R. 2989, making appropriations for the Departments
of Transportation and Treasury, and independent agencies for the fiscal
year ending September 30, 2004, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place, insert: ``Paulding County, GA
Airport Improvements.''.

[[Page S13171]]

______

SA 1921. Mr. REED submitted an amendment intended to be proposed by
him to the bill H.R. 2989, making appropriations for the Departments of
Transportation and Treasury, and independent agencies for the fiscal
year ending September 30, 2004, and for other purposes; which was
ordered to lie on the table; as follows:

On page 155, between lines 21 and 22, insert the following:
Sec. 643. (a) None of the funds appropriated or otherwise
made available by this Act may be used to remove any area
within a locality pay area established under section 5304 of
title 5, United States Code, from coverage under that
locality pay area.
(b) Subsection (a) shall not apply to the Rest of U.S.
locality pay area.
______

SA 1922. Mr. HARKIN submitted an amendment intended to be proposed by
him to the bill H.R. 2989, making appropriations for the Departments of
Transportation and Treasury, and independent agencies for the fiscal
year ending September 30, 2004, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place, add the following:
Sec.  . None of the Funds appropriated in this Act or
otherwise available to the Department of the Treasury or the
Bureau of the Public Debt may be used for the implementation
of any program or action that eliminates the issuance of
government printed United States Savings Bonds.
______

SA 1923. Mr. THOMAS (for himself and Mr. Voinovich) proposed an
amendment to the bill H.R. 2989, making appropriations for the
Departments of Transportation and Treasury, and independent agencies
for the fiscal year ending September 30, 2004, and for other purposes;
as follows:

At the appropriate place insert the following:
Sec. . (a) Not later than December 31 of each year, the
head of each executive agency shall submit to Congress
(instead of the report required by section 642) a report on
the competitive sourcing activities on the list required
under the Federal Activities Inventory Reform Act of 1998
(Public Law 105-270; 31 U.S.C. 501 note) that were performed
for such executive agency during the previous fiscal year by
Federal Government sources. The report shall include--
(1) the total number of competitions completed;
(2) the total number of competitions announced, together
with a list of the activities covered by such competitions;
(3) the total number (expressed as a full-time employee
equivalent number) of the Federal employees studied under
completed competitions;
(4) the total number (expressed as a full-time employee
equivalent number) of the Federal employees that are being
studied under competitions announced but not completed;
(5) the incremental cost directly attributable to
conducting the competitions identified under paragraphs (1)
and (2), including costs attributable to paying outside
consultants and contractors;
(6) an estimate of the total anticipated savings, or a
quantifiable --description of improvements in service or
performance, derived from completed competitions;
(7) actual savings, or a quantifiable description of
improvements in --service or performance, derived from the
implementation of competitions completed after May 29, 2003;
(8) the total projected number (expressed as a full-time
employee equivalent number) of the Federal employees that are
to be covered by competitions scheduled to be announced in
the fiscal year covered by the next report required under
this section; and
(9) a general description of how the competitive sourcing
decisionmaking processes of the executive agency are aligned
with the strategic workforce plan of that executive agency.
(b) The head of an executive agency may not be required,
under Office of Management and Budget Circular A-76 or any
other policy, directive, or regulation, to conduct a follow-
on public-private competition to a prior public-private
competition conducted under such circular within five years
of the prior public-private competition if the activity or
function covered by the prior public-private competition was
performed by Federal Government employees as a result of the
prior public-private competition.
(c) Hereafter, the head of an executive agency may expend
funds appropriated or otherwise made available for any
purpose to the executive agency under this or any other Act
to monitor (in the administration of responsibilities under
Office of Management and Budget Circular A-76 or any related
policy, directive, or regulation) the performance of an
activity or function of the executive agency that has
previously been subjected to a public-private competition
under such circular.
(d) For the purposes of subchapter V of chapter 35 of title
31, United States Code--
(1) the person designated to represent employees of the
Federal Government in a public-private competition regarding
the performance of an executive agency activity or function
under Office of Management and Budget Circular A-76--
(A) shall be treated as an interested party on behalf of
such employees; and
(B) may submit a protest with respect to such public-
private competition on behalf of such employees; and
(2) the Comptroller General shall dispose of such a protest
in accordance with the policies and procedures applicable to
protests described in section 3551(1) of such title under the
procurement protest system provided under such subchapter.
(e) An activity or function of an executive agency that is
converted to contractor performance under Office of
Management and Budget Circular A-76 may not be performed by
the contractor at a location outside the United States except
to the extent that such activity or function was previously
been performed by Federal Government employees outside the
United States.
(f) The process that applies to the selection of architects
and engineers for meeting the requirements of an executive
agency for architectural and engineering services under
chapter 11 of title 40, United States Code, shall apply to a
public-private competition for the performance of
architectural and engineering services for an executive
agency.
(g) In this section, the term ``executive agency'' has the
meaning given such term in section 4 of the Office of Federal
Procurement Policy Act (41 U.S.C. 403).
______

SA 1924. Mrs. FEINSTEIN submitted an amendment intended to be
proposed by her to the bill H.R. 2989, making appropriations for the
Departments of Transportation and Treasury, and independent agencies
for the fiscal year ending September 30, 2004, and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place in title I, insert the following:
Sec. __. (a) Facilitation of Additional Improvements to
Alameda Corridor, California.--Notwithstanding any other
provision of law, for the purpose of assisting in the
development, construction, and financing of additional
improvements to the Alameda Corridor, California, including
construction of a truck expressway or other enhancements, the
Secretary of Transportation shall modify the loan agreement
entered into with the Alameda Corridor Transportation
Authority pursuant to the Omnibus Consolidated Appropriations
Act, 1997 (Public Law 104-208) to revise the interest rate to
an interest rate equal to the average yield, as of the date
of the modification of the loan agreement, on marketable
Treasury securities of similar maturity to the expected
remaining average life of the loan.
(b) Treatment.--Notwithstanding any other provision of law,
the modification under subsection (a) shall be eligible under
section 184 of title 23, United States Code, and shall be
funded under section 188 of such title.
(c) Additional Modifications.--The Secretary may further
revise the interest rate under the loan agreement referred to
in subsection (a), or any other term of the loan agreement,
if the marginal budgetary cost, if any, of such modification
does not exceed $80,000,000 and is funded under section 188
of title 23, United States Code.
______

SA 1925. Mrs. FEINSTEIN submitted an amendment intended to be
proposed by her to the bill H.R. 2989, making appropriations for the
Departments of Transportation and Treasury, and independent agencies
for the fiscal year ending September 30, 2004, and for other purposes;
which was ordered to lie on the table; as follows:

On page 33, strike lines 5 through 10 and insert the
following:
Sec. 130. No funds appropriated or otherwise made available
by this Act may be used to implement or enforce any
provisions of the Final Rule, issued on April 16, 2003
(Docket No. FMCSA-97-2350), with respect to either of the
following:
(1) The operators of utility service vehicles, as that term
is defined in section 395.2 of title 49, Code of Federal
Regulations.
(2) Maximum daily hours of service for drivers engaged in
the transportation of property or passengers to or from a
motion picture or television production site located within a
100-air mile radius of the work reporting location of such
drivers.
______

SA 1926. Mr. AKAKA (for himself, Mr. Edwards, and Mr. Bingaman)
submitted an amendment intended to be proposed by him to the bill H.R.
2989, making appropriations for the Departments of Transportation and
Treasury, and independent agencies for the fiscal year ending September
30, 2004, and for other purposes; which was ordered to lie on the
table; as follows:

On page 73, between lines 9 and 10, insert the following:
Sec. 218. None of the funds appropriated or otherwise made
available by this Act may be used for the Debt Indicator
program announced in Internal Revenue Service Notice 99-58.
______

SA 1927. Mr. SPECTER submitted an amendment intended to be proposed
by him to the bill H.R. 2989, making appropriations for the Departments
of

[[Page S13172]]

Transportation and Treasury, and independent agencies for the fiscal
year ending September 30, 2004, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place in the bill, insert:
Sec.   . Notwithstanding any other provision of law, funds
designated to the Pennsylvania Cumberland/Dauphin County
Corridor I project in committee reports accompanying this Act
may be available to the recipient for any project activities
authorized under 49 U.S.C. 5307 and 5309.
______

SA 1928. Mr. DODD (for himself, Mr. McConnell, Mr. Daschle, Mr. Reid,
Mr. Durbin, Mr. Schumer, Mr. Lieberman, Mr. Edwards, Mr. Bond, Mr.
Hatch, Mr. Roberts, and Mr. Burns) proposed an amendment to the bill
H.R. 2989, making appropriations for the Departments of Transportation
and Treasury, and independent agencies for the fiscal year ending
September 30, 2004, and for other purposes; as follows:

On page 85, strike lines 20 through 25, and insert the
following:

Commission, $1,500,000,000, for providing grants to assist
State and local efforts to improve election technology and
the administration of Federal elections, as authorized by the
Help America Vote Act of 2002: Provided, That no more than
\1/10\ of 1 per-
______

SA 1929. Mr. FEINGOLD submitted an amendment intended to be proposed
by him to the bill H.R. 2989, making appropriations for the Departments
of Transportation and Treasury, and independent agencies for the fiscal
year ending September 30, 2004, and for other purposes; which was
ordered to lie on the table; as follows:

On page 3, line 22, strike the period at the end and insert
``: Provided further, That of such amount, sufficient funds
shall be available for the Secretary of Transportation, not
later than 60 days after the last day of the fiscal year, to
submit to Congress a report on the amount of acquisitions
made by the Department of Transportation during such fiscal
year of articles, materials, or supplies that were
manufactured outside the United States. Such report shall
separately indicate the dollar value of any articles,
materials, or supplies purchased by the Department of
Transportation that were manufactured outside the United
States, an itemized list of all waivers under the Buy
American Act (41 U.S.C. 10a et seq.) that were granted with
respect to such articles, materials, or supplies, and a
summary of total procurement funds spent on goods
manufactured in the United States versus funds spent on goods
manufactured outside of the United States. The Secretary of
Transportation shall make the report publicly available by
posting the report on an Internet website.''.
On page 62, line 5, strike the period at the end and insert
``: Provided further, That of such amount, sufficient funds
shall be available for the Secretary of the Treasury, not
later than 60 days after the last day of the fiscal year, to
submit to Congress a report on the amount of acquisitions
made by the Department of the Treasury during such fiscal
year of articles, materials, or supplies that were
manufactured outside the United States. Such report shall
separately indicate the dollar value of any articles,
materials, or supplies purchased by the Department of the
Treasury that were manufactured outside the United States, an
itemized list of all waivers under the Buy American Act (41
U.S.C. 10a et seq.) that were granted with respect to such
articles, materials, or supplies, and a summary of total
procurement funds spent on goods manufactured in the United
States versus funds spent on goods manufactured outside of
the United States. The Secretary of the Treasury shall make
the report publicly available by posting the report on an
Internet website.''.
______

SA 1930. Mr. BAY submitted an amendment intended to be proposed by
him to the bill H.R. 2989, making appropriations for the Departments of
Transportation and Treasury, and independent agencies for the fiscal
year ending September 30, 2004, and for other purposes; which was
ordered to lie on the table; as follows:

On page 14, between lines 2 and 3, insert the following:
Sec. 105. The Administrator of the Federal Aviation
Administration shall ensure that the temporary flight
restriction applicable to the Newport Chemical Depot,
Newport, Indiana, stays in effect until the completion of the
accelerated neutralization process employed to destroy the
chemical agent stored at such facility.
______

SA 1931. Mr. DORGAN submitted an amendment intended to be proposed by
him to the bill H.R. 2989, making appropriations for the Departments of
Transportation and Treasury, and independent agencies for the fiscal
year ending September 30, 2004, and for other purposes; which was
ordered to lie on the table; as follows:

On page 14, between lines 2 and 3, insert the following:
Sec. 105. There are authorized to be appropriated such sums
as may be necessary for fiscal years 2004 through 2007 for
the Secretary of Transportation to carry out and expand the
Air Traffic Control Collegiate Training Initiative.
______

SA 1932. Mr. WARNER submitted an amendment intended to be proposed by
him to the bill H.R. 2989, making appropriations for the Departments of
Transportation and Treasury, and independent agencies for the fiscal
year ending September 30, 2004, and for other purposes; which was
ordered to lie on the table; as follows:

On page 17, strike line 12 and insert the following:
GMU ITS, Virginia, $1,000,000
George Washington University, Virginia Campus, $1,000,000
______

SA 1933. Mr. WARNER submitted an amendment intended to be proposed by
him to the bill H.R. 2989, making appropriations for the Departments of
Transportation and Treasury, and independent agencies for the fiscal
year ending September 30, 2004, and for other purposes; which was
ordered to lie on the table; as follows:

Insert after section 114 the following:
Sec. 115. Of the amount appropriated or otherwise made
available by this Act for the Federal Highway Administration
for the Transportation and Community and System Pilot
Preservation Program, $850,000 shall be available for
interior air quality demonstration activities at the Bristol,
Virginia, control facility to evaluate standard industrial
fuel system performance and efficiency with drive-by-wire
engine management and emissions systems.
______

SA 1934. Mrs. HUTCHISON (for herself, and Mr. Cornyn) submitted an
amendment intended to be proposed by her to the bill H.R. 2989, making
appropriations for the Departments of Transportation and Treasury, and
independent agencies for the fiscal year ending September 30, 2004, and
for other purposes; which was ordered to lie on the table; as follows:

On page 31, between lines 13 and 14, insert the following:
Sec. 115. Of the amounts made available under this title
under the heading ``federal-aid highways'' for Texas
Statewide ITS Deployment and Integration--
(1) $500,000 shall be made available for the deployment
and implementation of an Intelligent Transportation System
project at Port of Galveston, Texas; and
(1) $500,000 shall be made available for the deployment
and implementation of an Intelligent Transportation System
project at City of Lubbock, Texas.
______

SA 1935. Mr. STEVENS submitted an amendment intended to be proposed
by him to the bill H.R. 2989, making appropriations for the Departments
of Transportation and Treasury, and independent agencies for the fiscal
year ending September 30, 2004, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place in the bill add the following new
section:
``Sec.   . Notwithstanding 31 U.S.C. 1346 and section 610
of this Act, the head of each executive department and agency
shall transfer to or reimburse the Federal Aviation
Administration, with the approval of the Director of the
Office of Management and Budget, funds made available by this
or any other Act for the purposes described below, and shall
submit budget requests for such purposes. These funds shall
be administered by the Federal Aviation Administration as
approved by the Director of the Office of Management and
Budget, in consultation with the appropriate interagency
groups designated by the Director to ensure the operation of
the Midway Atoll Airfield by the Federal Aviation
Administration pursuant to an operational agreement with the
Department of the Interior. The total funds transferred or
reimbursed shall not exceed $6,000,000 and shall not be
available for activities other than the operation of the
airfield. The Director of the Office of Management and Budget
shall notify the Committees on Appropriations of such
transfers or reimbursements within 15 days of this Act. Such
transfers or reimbursements shall begin within 30 days of
enactment of this Act.''
______

SA 1936. Mr. SHELBY (for Mr. Durbin) proposed an amendment to the
bill H.R. 2989, making appropriations for the Departments of
Transportation and Treasury, and independent agencies for the fiscal
year ending September 30, 2004, and for other purposes; as follows:

On page 155, between lines 21 and 22, insert the following:

SEC. 6. MOTORIST INFORMATION CONCERNING PHARMACY SERVICES.

(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall
amend the

[[Page S13173]]

Manual on Uniform Traffic Control Devices to include a
provision requiring that information be provided to motorists
to assist motorists in locating licensed 24-hour pharmacy
services open to the public.
(b) Logo Panel.--The provision under subsection (a) shall
require placement of a logo panel that displays information
disclosing the names or logos of pharmacies described in
subsection (a) that are located within 3 miles of an
interchange on the Federal-aid system (as defined in section
101 of title 23, United States Code).
______

SA 1937. Mr. SHELBY (for Mr. Chambliss) proposed an amendment to the
bill H.R. 2989, making appropriations for the Departments of
Transportation and Treasury, and independent agencies for the fiscal
year ending September 30, 2004, and for other purposes; as follows:

At the appropriate place insert the following:
Sec.  . The Federal Aviation Administration shall give
priority consideration to ``Paulding County, GA Airport
Improvements'' for the Airport Improvement Program.
______

SA 1938. Mr. SHELBY (for Mrs. Feinstein) proposed an amendment to the
bill H.R. 2989, making appropriations for the Departments of
Transportation and Treasury, and independent agencies for the fiscal
year ending September 30, 2004, and for other purposes; as follows:

On page 33, strike lines 5 through 10 and insert the
following:
Sec. 130. No funds appropriated or otherwise made available
by this Act may be used to implement or enforce any
provisions of the Final Rule, issued on April 16, 2003
(Docket No. FMCSA-97-2350), with respect to either of the
following:
(1) The operators of utility service vehicles, as that term
is defined in section 395.2 of title 49, Code of Federal
Regulations.
(2) Maximum daily hours of service for drivers engaged in
the transportation of property or passengers to or from a
motion picture or television production site located within a
100-air mile radius of the work reporting location of such
drivers.
______

SA 1939. Mr. SHELBY (for Mr. Bingaman (for himself, Ms. Snowe, Mr.
Specter, Mr. Nelson of Nebraska, Mr. Schumer, Mr. Jeffords, Mr. Pryor,
Mr. Leahy, Mr. Daschle, Mr. Baucus, Ms. Collins, Mr. Grassley, Mrs.
Lincoln, Mr. Hagel, Mrs. Clinton, and Mr. Bunning)) proposed an
amendment to the bill H.R. 2989, making appropriations for the
Departments of Transportation and Treasury, and independent agencies
for the fiscal year ending September 30, 2004, and for other purposes;
as follows:

On page 14, between lines 2 and 3, insert the following new
section:
Sec. 105. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended to
establish or implement 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
percent of their essential air subsidy costs for a 4-year
period, commonly referred to as the EAS local participation
program.
______

SA 1940. Mr. SHELBY (for Mr. Bayh) proposed an amendment to the bill
H.R. 2989, making appropriations for the Departments of Transportation
and Treasury, and independent agencies for the fiscal year ending
September 30, 2004, and for other purposes; as follows:

On page 14, between lines 2 and 3, insert the following:
Sec. 105. The Administrator of the Federal Aviation
Administration may, for purposes of chapter 471 of title 49,
United States Code, give priority consideration to a letter
of intent application for funding submitted by the City of
Gary, Indiana, or the State of Indiana, for the extension of
the main runway at the Gary/Chicago Airport. The letter of
intent application shall be considered upon completion of the
environmental impact statement and benefit cost analysis in
accordance with Federal Aviation Administration requirements.
The Administrator shall consider the letter of intent
application not later than 90 days after receiving it from
the applicant.
______

SA 1941. Mr. SHELBY (for Mr. Reid (for himself and Mrs. Murray))
proposed an amendment to the bill H.R. 2989, making appropriations for
the Departments of Transportation and Treasury, and independent
agencies for the fiscal year ending September 30, 2004, and for other
purposes; as follows:

On page 14, after line 2 insert the following:
Sec. __. None of the funds in this Act may be used to adopt
rules or regulations concerning travel agent service fees
unless the Department of Transportation publishes in the
Federal Register revisions to the proposed rule and provides
a period for additional public comment on such proposed rule
for a period not less than 60 days.
______

SA 1942. Mr. SHELBY (for Mr. Hollings) proposed an amendment to the
bill H.R. 2989, making appropriations for the Departments of
Transportation and Treasury, and independent agencies for the fiscal
year ending September 30, 2004, and for other purposes; as follows:

SEC.  . Funds apportioned to the Charleston Area Regional
Transportation Authority to carry out 49 U.S.C. 5307 may be
used to lease land, equipment, or facilities used in public
transportation from another governmental authority in the
same geographic area: Provided, That the non-Federal share
under section 5307 may include revenues from the sale of
advertising and concessions: Provided further, That this
provision shall remain in effect until September 30, 2004, or
until the Federal interest in the land, equipment or
facilities leased reaches 80 percent of its fair market value
at disposition, whichever occurs first.
______

SA 1943. Mr. SHELBY (for Mrs. Murray) proposed an amendment to the
bill H.R. 2989, making appropriations for the Departments of
Transportation and Treasury, and independent agencies for the fiscal
year ending September 30, 2004, and for other purposes; as follows:

Under the heading Federal Buildings Fund, Limitations on
Availability of Revenue Page 93, Lines 21 and 22: Delete the
word ``(design)''
Page 95, Line 15, after the words ``increases in prospectus
projects'', delete ``;'' and then insert, ``:Provided
further, That the funds available herein for repairs to the
Bellingham, Washington, Federal Building, shall be available
for transfer to the city of Bellingham, Washington, subject
to disposal of the building to the city;''
______

SA 1944. Mr. SHELBY (for Mr. Reed) proposed an amendment to the bill
H.R. 2989, making appropriations for the Departments of Transportation
and Treasury, and independent agencies for the fiscal year ending
September 30, 2004, and for other purposes; as follows:

On page 155, between lines 21 and 22, insert the following:
Sec. 643. (a) None of the funds appropriated or otherwise
made available by this Act may be used to remove any area
within a locality pay area established under section 5304 of
title 5, United States Code, from coverage under that
locality pay area.
(b) Subsection (a) shall not apply to the Rest of U.S.
locality pay area.
______

SA 1945. Mr. SHELBY (for Mr. Levin) proposed an amendment to the bill
H.R. 2989, making appropriations for the Departments of Transportation
and Treasury, and independent agencies for the fiscal year ending
September 30, 2004, and for other purposes; as follows:

Sec.    . Section 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991, item number 8, is
amended by striking ``To relocate'' and all that follows
through ``Street'' and inserting the following, ``For road
improvements and non-motorized enhancements in the Detroit
East Riverfront, Detroit, Michigan.''
Sec.    . The funds provided under the Heading
``Transportation and Community and System Preservation
Program'' in Conference Report 106-940 for the Lodge Freeway
pedestrian overpass, Detroit, Michigan, shall be transferred
to, and made available for, enhancements in the East
Riverfront, Detroit, Michigan.
Sec.    . The funds provided under the Heading
``Transportation and Community and System Preservation
Program'' in Conference Report 107-308 for the Eastern Market
pedestrian overpass park, shall be transferred to, and made
available for, enhancements in the East Riverfront, Detroit,
Michigan.
______

SA 1946. Mr. SHELBY (for Mr. Akaka) proposed an amendment to the bill
H.R. 2989, making appropriations for the Departments of Transportation
and Treasury, and independent agencies for the fiscal year ending
September 30, 2004, and for other purposes; as follows:

On page 73, between lines 9 and 10, insert the following:
Sec. 218. None of the funds appropriated or otherwise made
available by this Act may be used for the Debt Indicator
program announced in Internal Revenue Service Notice 99-58.
______

SA 1947. Mr. SHELBY (for Mr. Specter) proposed an amendment to the
bill H.R. 2989, making appropriations for the Departments of
Transportation and Treasury, and independent agencies for the fiscal
year ending September 30, 2004, and for other purposes; as follows:

At the appropriate place in the bill, insert:
``Sec.   . Notwithstanding any other provision of law,
funds designated to the Pennsylvania Cumberland/Dauphin
County Corridor

[[Page S13174]]

I project in committee reports accompanying this Act may be
available to the recipient for any project activities
authorized under 49 U.S.C. 5307 and 5309.
______

SA 1948. Mr. SHELBY (for Mr. Carper (for himself and Mr. Biden))
proposed an amendment to the bill H.R. 2989, making appropriations for
the Departments of Transportation and Treasury, and independent
agencies for the fiscal year ending September 30, 2004, and for other
purposes; as follows:

At the appropriate place, insert the following:
Sec. __. It is the sense of the Senate that the Secretary
of Transportation must, in connection with the Philadelphia
International Airport Capacity Enhancement Program, consider
the impact of aircraft noise on northern Delaware--
(1) within the scope of the environmental impact statement
prepared in connection with the Program; and
(2) as part of any study of aircraft noise required under
the National Environmental Protection Act of 1969 and
conducted pursuant to part 150 of title 14, Code of Federal
Regulations, or any successor regulations.
______

SA 1949. Mr. SHELBY (for Mr. Grassley (for himself, Mrs. Hutchison,
and Mr. Domenici)) proposed an amendment to the bill H.R. 2989, making
appropriations for the Departments of Transportation and Treasury, and
independent agencies for the fiscal year ending September 30, 2004, and
for other purposes; as follows:

At the appropriate place, insert the following:
Sec. __. None of the funds appropriated or made available
under this Act or any other appropriations Act may be used 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). If such proposed regulations are
final regulations on the date of enactment of this Act, none
of the funds appropriated or made available under this Act
may be used to implement, administer, or enforce such final
regulations.
______

SA 1950. Mr. SHELBY (for Mr. Stevens) proposed an amendment to the
bill H.R. 2989, making appropriations for the Departments of
Transportation and Treasury, and independent agencies for the fiscal
year ending September 30, 2004, and for other purposes; as follows:

At the appropriate place in the bill add the following new
section:
``Sec.  . Notwithstanding 31 U.S.C. 1346 and section 610 of
this Act, the head of each Administration, with the approval
of the Director of the Office of Management and Budget, funds
made available by this or any other Act for the purposes
described below, and shall submit budget requests for such
purposes. These funds shall be administered by the Federal
Aviation Administration as approved by the Director of the
Office of Management and Budget, in consultation with the
appropriate interagency groups designated by the Director to
ensure the operation of the Midway Atoll Airfield by the
Federal Aviation Administration pursuant to an operational
agreement with the Department of the Interior. The total
funds transferred or reimbursed shall not exceed $6,000,000
and shall not be available for activities other than the
operation of the airfield. The Director of the Office of
Management and Budget shall notify the Committees on
Appropriations of such transfers or reimbursements within 15
days of this Act. Such transfers or reimbursements shall
begin within 30 days of enactment of this Act.''
______

SA 1951. Mr. SHELBY (for Mr. Lott) proposed an amendment to the bill
H.R. 2989, making appropriations for the Departments of Transportation
and Treasury, and independent agencies for the fiscal year ending
September 30, 2004, and for other purposes; as follows:

On page 14, between lines 2 and 3, insert the following:
Sec. 105. Of the total amount appropriated under this title
for the Federal Aviation Administration under the heading
``facilities and equipment'', $2,000,000 shall be available
for air traffic control facilities, John C. Stennis
International Airport, Hancock County, Mississippi.
______

SA 1952. Mr. SHELBY (for Mr. Roberts) proposed an amendment to the
bill H.R. 2989, making appropriations for the Departments of
Transportation and Treasury, and independent agencies for the fiscal
year ending September 30, 2004, and for other purposes; as follows:

At the appropriate place, add the following:

SEC. __. KANSAS RECREATION AREAS.

Any unexpended balances of the amounts made available by
the Consolidated Appropriations Resolution, 2003 (Public Law
108-7) from the Federal-aid highway account for improvements
to Council Grove Lake, Kansas, shall be available to make
improvements to Richey Cove, Santa Fe Recreation Area,
Canning Creek Recreation Area, and other areas in the State
of Kansas.
______

SA 1953. Mr. SHELBY (for Ms. Landrieu) proposed an amendment to the
bill H.R. 2989, making appropriations for the Departments of
Transportation and Treasury, and independent agencies for the fiscal
year ending September 30, 2004, and for other purposes; as follows:

On page 70, between lines 17 and 18, insert the following:

SEC. 205. STUDY ON EARNED INCOME TAX CREDIT CERTIFICATION
PROGRAM.

(a) Study.--The Internal Revenue Service shall conduct a
study, as a part of any program that requires certification
(including pre-certification) in order to claim the earned
income tax credit under section 32 of the Internal Revenue
Code of 1986, on the following matters:
(1) The costs (in time and money) incurred by the
participants in the program.
(2) The administrative costs incurred by the Internal
Revenue Service in operating the program.
(3) The percentage of individuals included in the program
who were not certified for the credit, including the
percentage of individuals who were not certified due to--
(A) ineligibility for the credit; and
(B) failure to complete the requirements for certification.
(4) The percentage of individuals to whom paragraph (3)(B)
applies who were--
(A) otherwise eligible for the credit; and
(B) otherwise ineligible for the credit.
(5) The percentage of individuals to whom paragraph (3)(B)
applies who--
(A) did not respond to the request for certification; and
(B) responded to such request but otherwise failed to
complete the requirements for certification.
(6) The reasons--
(A) for which individuals described in paragraph (5)(A) did
not respond to requests for certification; and
(B) for which individuals described in paragraph (5)(B) had
difficulty in completing the requirements for certification.
(7) The characteristics of those individuals who were
denied the credit due to--
(A) failure to complete the requirements for certification;
and
(B) ineligibility for the credit.
(8) The impact of the program on non-English speaking
participants.
(9) The impact of the program on homeless and other highly
transient individuals.
(b) Report.--
(1) Preliminary report.--Not later than July 30, 2004, the
Commissioner of the Internal Revenue Service shall submit to
Congress a preliminary report on the study conducted under
subsection (a).
(2) Final report.--Not later than June 30, 2005, the
Commissioner of the Internal Revenue Service shall submit to
Congress a final report detailing the findings of the study
conducted under subsection (a).
______

SA 1954. Mr. SHELBY (for Mrs. Hutchison (for herself and Mr. Cornyn))
proposed an amendment to the bill H.R. 2989, making appropriations for
the Departments of Transportation and Treasury, and independent
agencies for the fiscal year ending September 30, 2004, and for other
purposes; as follows:

On page 31, between lines 13 and 14, insert the following:
Sec. 115. Of the amounts made available under this title
under the heading ``federal-aid highways'' for Texas
Statewide ITS Deployment and Integration--
(1) $500,000 shall be made available for the deployment and
implementation of an Intelligent Transportation System
project at Port of Galveston, Texas; and
(1) $500,000 shall be made available for the deployment and
implementation of an Intelligent Transportation System
project at City of Lubbock, Texas.
______

SA 1955. Mr. SHELBY (for Mr. Thomas) proposed an amendment to the
bill H.R. 2989, making appropriations for the Departments of
Transportation and Treasury, and independent agencies for the fiscal
year ending September 30, 2004, and for other purposes; as follows:

At the appropriation place, insert the following:

SEC.   . EXTENSION OF RESEARCH PROJECTS UNDER TEA-21.

(a) For Fiscal Year 2004 only, the Federal Highway
Administration is instructed to extend and fund current
research projects under Title V of TEA-21 through February
29, 2004.
______

SA 1956. Mr. SHELBY (for Mr. Thomas) proposed an amendment to the
bill H.R. 2989, making appropriations for the Departments of
Transportation and Treasury, and independent agencies for the fiscal
year ending September 30, 2004, and for other purposes; as follows:

[[Page S13175]]

At the appropriate place, insert the following:

SEC.   . JACKSON HOLE, WYOMING RADAR UNIT.

(a) Priority consideration shall be given to the Jackson
Hole, Wyoming, Airport for an ASR-11 radar unit or provisions
shall be made for the acquisition or transfer of a comparable
radar unit.
______

SA 1957. Mr. SHELBY (for Mr. Lautenberg) proposed an amendment to the
bill H.R. 2989, making appropriations for the Departments of
Transportation and Treasury, and independent agencies for the fiscal
year ending September 30, 2004, and for other purposes; as follows:

At the appropriate place, insert the following:
Sec.   . Within the funds provided for the Federal Aviation
Administration's Facilities and Equipment account, no less
than $14,000,000 shall be available for the Technical Center
Facilities in New Jersey.
______

SA 1958. Mr. SHELBY (for Mr. Frist) proposed an amendment to the bill
H.R. 2989, making appropriations for the Departments of Transportation
and Treasury, and independent agencies for the fiscal year ending
September 30, 2004, and for other purposes; as follows:

To insert at the appropriate place.
Sec.   . To the extent that funds provided by the Congress
for the Memphis Medical Center light rail extension project
through the Section 5309 ``new fixed guideway systems''
program remain available upon the close-out of the project,
FTA is directed to permit the Memphis Area Transit Authority
to use all of those funds for planning, engineering, design,
construction or acquisition projects pertaining to the
Memphis Regional Rail Plan. Such funds shall remain available
until expended.
______

SA 1959. Mr. SHELBY (for Mr. Warner (for himself and Mr. Jeffords)
proposed and amendment to the bill H.R. 2989, making appropriations for
the Departments of Transportation and Treasury, and independent
agencies for the fiscal year ending September 30, 2004, and for other
purposes; as follows:

Insert after section 114 the following:
Sec. 115. Of the amount appropriated or otherwise made
available for Transportation, Planning, and Research,
$850,000 shall be available for interior air quality
demonstration activities at the Bristol, Virginia, control
facility to evaluate standard industrial fuel system
performance and efficiency with drive-by-wire engine
management and emissions systems and $1,000,000 shall be
available for the Market Street enhancement project in
Burlington, VT.
______

SA 1960. Mr. SHELBY (for Mr. Warner) proposed an amendment to the
bill H.R. 2989, making appropriations for the Departments of
Transportation and Treasury, and independent agencies for the fiscal
year ending September 30, 2004, and for other purposes; as follows:

On page 17, strike line 12 and insert the following:
GMU ITS, Virginia, $1,000,000
George Washington University, Virginia Campus, $1,000,000
______

SA 1961. Mr. SHELBY (for Mrs. Murray) proposed an amendment to the
bill H.R. 2989, making appropriations for the Departments of
Transportation and Treasury, and independent agencies for the fiscal
year ending September 30, 2004, and for other purposes; as follows:

At the appropriate place in the bill, insert:
Sec.  . Of the funds made available or limited in this Act,
$3,000,000 shall be available for improvements to Bowman Road
and Johnnie Dodds Boulevard, Highway 17, Mt. Pleasant, SC;
$1,000,000 shall be for the Arkwright connector and no funds
shall be available for the Northwest Bypass project.
______

SA 1962. Mr. SHELBY (for Mr. Frist) proposed an amendment to the bill
H.R. 2989, making appropriations for the Departments of Transportation
and Treasury, and independent agencies for the fiscal year ending
September 30, 2004, and for other purposes; as follows:

At the appropriate place insert:
Sec. 361. Section 30303(d)(3) of the Transportation Equity
Act for the 21st Century (Public Law 105-178) is amended by
inserting at the end:
``(D) Memphis-Shelby International Airport intermodal
facility.''.
______

SA 1963. Mr. SHELBY (for Mr. Chambliss (for himself and Mr. Miller))
proposed an amendment to the bill H.R. 2989, making appropriations for
the Departments of Transportation and Treasury, and independent
agencies for the fiscal year ending September 30, 2004, and for other
purposes; as follows:

At the appropriate place in the bill, insert:
``G.P.   . Within available funds provided for ``Facilities
and equipment,'' $1,500,000 shall be provided for a precision
instrument approach landing system (ILS) at Lee Gilmer
Memorial Airport, Gainesville, Georgia''.
______

SA 1964. Mr. MCCONNELL (for Ms. Collins, (for herself, Mr. Kennedy,
Ms. Mikulski, and Mr. Carper)) proposed an amendment to the bill H.R.
2989, making appropriations for the Departments of Transportation and
Treasury, and independent agencies for the fiscal year ending September
30, 2004, and for other purposes; as follows:

At the appropriate place insert the following:
Sec. __. (a) None of the funds appropriated by this Act may
be used for converting to contractor performance an activity
or function of an executive agency that, on or after the date
of the enactment of this Act, is performed by executive
agency employees unless the conversion is based on the
results of a public-private competition process that (1)
requires a determination regarding whether, over all
performance periods stated in the solicitation of offers for
performance of the activity or function, the cost of
performance of the activity or function by a contractor would
be less costly to the executive agency by an amount that
equals or exceeds the lesser of (A) 10 percent of the cost of
performing the activity with government personnel or, if a
most efficient organization has been developed, 10 percent of
the most efficient organization's personnel-related costs for
performance of that activity or function by Federal
employees, or (B) $10,000,000. (2) With respect to the use of
any funds appropriated by this Act for the Department of
Defense--
(1) Subsections (a), (b), and (c) of section 2461 of title
10, United States Code) do not apply with respect to the
performance of a commercial or industrial type activity or
function that--
(A) is on the procurement list established under section 2
of the Javits-Wagner-O'Day Act (41 U.S.C. 47); or
(B) is planned to be converted to performance by--
(i) a qualified nonprofit agency for the blind or a
qualified nonprofit agency for other severely handicapped (as
such terms are defined in section 5 of such Act (41 U.S.C.
48b); or
(ii) a commercial business at least 51 percent of which is
owned by an Indian tribe (as defined in section 4(e) of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b(e))) or a Native Hawaiian Organization (as
defined in section 8(a)(15) of the Small Business Act (15
U.S.C. 637(a)(15))).
(2) Nothing in this section shall effect depot contracts or
contracts for depot maintenance as provided in sections 2469
and 2474 of title 10, United States Code.
(3) The conversion of any activity or function of an
executive agency in accordance with this section shall be
credited toward any competitive or outsourcing goal, target
or measurement that may be established by statute, regulation
or policy and shall be deemed to be awarded under the
authority of and in compliance with section 303 of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 253) or section 2304 of title 10, United States Code,
as the case may be, for the competition or outsourcing of
commercial activities.
(b) In this section, the term ``executive agency'' has the
meaning given such term in section 4 of the Office of Federal
Procurement Policy Act (41 U.S.C. 403).
(c) Nothing in this section shall be construed to effect,
amend or repeal Section 8014 of the Defense Appropriations
Act, 2004 (Public Law 108-87).

____________________