Transportation, Treasury, and Independent Agencies Appropriations Act, 2004

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2989 Public Print (PP)]

1st Session
H. R. 2989

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

October 23, 2003

Ordered to be printed with the amendment of the Senate
[Strike out all after the enacting clause and insert the part printed
in italic]

_______________________________________________________________________

AN ACT

Making appropriations for the Departments of Transportation and
Treasury, and independent agencies for the fiscal year ending September
30, 2004, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

\\

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 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
Guarantee 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.

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.
Sec. 105. The Federal Aviation Administration shall give priority
consideration to Paulding County, Georgia Airport Improvements for the
Airport Improvement Program.
Sec. 106. 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.
Sec. 107. 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.
Sec. 108. 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.
Sec. 109. 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.
Sec. 110. 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.

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, $1,000,000
George Washington University, Virginia Campus, $1,000,000
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.

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 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.
Sec. 115. 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. 116. 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. 117. 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.
Sec. 118. 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.
Sec. 119. 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
(2) $500,000 shall be made available for the deployment and
implementation of an Intelligent Transportation System project
at City of Lubbock, Texas.
Sec. 120. Extension of Research Projects Under TEA-21. 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.
Sec. 121. 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, Vermont.
Sec. 122. 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, South Carolina;
$1,000,000 shall be for the Arkwright Connector and no funds shall be
available for the Northwest Bypass project.

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.
Sec. 131. 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.

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 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;
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.

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
$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.
Sec. 205. 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.
Sec. 206. 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).

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. 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, 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,
$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 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 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, $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: 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; (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 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, $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 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 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. XX. 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.''.
Sec. 537. Funds apportioned to the Charleston Area Regional
Transportation Authority to carry out section 5307 of title 49, United
States Code, 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.
Sec. 538. 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 sections 5307
and 5309 of title 49, United States Code.
Sec. 539. 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.
Sec. 540. Jackson Hole, Wyoming Radar Unit. 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.
Sec. 541. 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.
Sec. 542. 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
closeout of the project, Federal Transit Administration 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.
Sec. 543. 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.''.
Sec. 544. 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.
Sec. 545. (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 requires a determination regarding whether, overall
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 (1)
10 percent of the cost of performing the activity with government
personnel or, if a more 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
(2) $10,000,000.
(b) 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.
(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).
(d) Nothing in this section shall be construed to effect, amend, or
repeal section 8014 of the Defense Appropriations Act, 2004 (Public Law
108-87).

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, 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 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 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.
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 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.
Sec. 644. (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).
Sec. 645. 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 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).
Sec. 646. (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.
Sec. 647. Notwithstanding section 1346 of title 31, United States
Code, 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.
This Act may be cited as the ``Transportation, Treasury, and
General Government Appropriations Act, 2004''.

Passed the House of Representatives September 9, 2003.

Attest:

JEFF TRANDAHL,

Clerk.

Passed the Senate October 23, 2003.

Attest:

EMILY J. REYNOLDS,

Secretary.