Transportation, Treasury, and Independent Agencies Appropriations Act, 2005

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5025 Placed on Calendar Senate (PCS)]

Calendar No. 743
108th CONGRESS
2d Session
H. R. 5025

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

September 29, 2004

Received; read twice and placed on the calendar

_______________________________________________________________________

AN ACT

Making appropriations for the Departments of Transportation and
Treasury, and independent agencies for the fiscal year ending September
30, 2005, 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 and independent agencies for the fiscal
year ending September 30, 2005, 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,
$89,000,000, of which not to exceed $2,219,100 shall be available for
the immediate Office of the Secretary; not to exceed $704,500 shall be
available for the immediate Office of the Deputy Secretary; not to
exceed $15,394,300 shall be available for the Office of the General
Counsel; not to exceed $12,639,000 shall be available for the Office of
the Under Secretary of Transportation for Policy; not to exceed
$8,572,900 shall be available for the Office of the Assistant Secretary
for Budget and Programs; not to exceed $2,315,700 shall be available
for the Office of the Assistant Secretary for Governmental Affairs; not
to exceed $23,435,700 shall be available for the Office of the
Assistant Secretary for Administration; not to exceed $1,928,700 shall
be available for the Office of Public Affairs; not to exceed $1,456,000
shall be available for the Office of the Executive Secretariat; not to
exceed $704,000 shall be available for the Board of Contract Appeals;
not to exceed $1,277,200 shall be available for the Office of Small and
Disadvantaged Business Utilization; not to exceed $2,052,900 for the
Office of Intelligence and Security; not to exceed $3,300,000 shall be
available for the Office of Emergency Transportation; and not to exceed
$13,000,000 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,
$8,700,000.

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, $10,800,000.

working capital fund

Necessary expenses for operating costs and capital outlays of the
Working Capital Fund, not to exceed $125,000,000, 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, 2006: Provided, That notwithstanding 49 U.S.C. 332, these funds may
be used for business opportunities related to any mode of
transportation.

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
108-176, $7,726,000,000, of which $4,972,000,000 shall be derived from
the Airport and Airway Trust Fund, of which not to exceed
$6,160,617,600 shall be available for air traffic services activities;
not to exceed $916,894,000 shall be available for aviation regulation
and certification activities; not to exceed $224,039,000 shall be
available for research and acquisition activities; not to exceed
$11,674,000 shall be available for commercial space transportation
activities; not to exceed $50,624,000 shall be available for financial
services activities; not to exceed $69,821,600 shall be available for
human resources program activities; not to exceed $149,569,800 shall be
available for region and center operations and regional coordination
activities; not to exceed $139,302,000 shall be available for staff
offices; and not to exceed $38,254,000 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 $7,000,000 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 funds provided under this heading,
$4,000,000 is available only for recruitment, personnel compensation
and benefits, and related costs to raise the level of operational air
traffic control supervisors to the level of 1,846: Provided further,
That none of the funds in this Act may be obligated or expended for an
employee of the Federal Aviation Administration to purchase a store
gift card or gift certificate through use of a Government-issued credit
card.

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, and hire of air navigation and experimental
facilities and equipment, as authorized under part A of subtitle VII of
title 49, United States Code, including initial acquisition of
necessary sites by lease or grant; engineering and service testing,
including construction of test facilities and acquisition of necessary
sites by lease or grant; construction and furnishing of quarters and
related accommodations for officers and employees of the 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, $2,500,000,000, of which
$2,056,300,000 shall remain available until September 30, 2007, and of
which $443,700,000 shall remain available until September 30, 2005:
Provided, 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 2006 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 2006 through 2010, with total funding
for each year of the plan constrained to the funding targets for those
years as estimated and approved by the Office of Management and Budget:
Provided further, That of the funds provided under this heading, not
less than $3,000,000 is for contract audit services provided by the
Defense Contract Audit Agency.

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, $117,000,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2007: 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.

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 375 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 2005.
Sec. 103. None of the funds made available in this Act may be
used for engineering work related to an additional runway at Louis
Armstrong New Orleans International Airport.
Sec. 104. 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
facilities.
Sec. 105. None of the funds appropriated or limited by this Act
may be used to change weight restrictions or prior permission rules at
Teterboro Airport in Teterboro, New Jersey.
Sec. 106. War Risk Insurance.--Title 49, United States Code, is
amended:
(a) In section 44302(f) by striking ``August 31, 2004, and may
extend through December 31, 2004,'' and inserting in lieu thereof
``December 31, 2005''.
(b) In section 44302(g)(1) by striking ``may provide'' and
inserting in lieu thereof ``shall make available''.
(c) In section 44303(b) by--
(1) striking ``December 31, 2004'' and inserting in lieu
thereof ``December 31, 2005.''
(2) striking the phrase ``may extend'' in the last sentence
of the subsection and inserting in lieu thereof ``shall
extend''.

Federal Highway Administration

federal-aid highways

(liquidation of contract authorization)

(highway trust fund)

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, $35,000,000,000 or so much
thereof as may be available in and derived from the Highway Trust Fund,
to remain available until expended.

federal-aid highways

highway trust fund

(rescission)

Of the unobligated balances of funds apportioned to each State
under the programs 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, $386,000,000 are rescinded.

general provisions--federal highway administration

Sec. 121. (a) For fiscal year 2005, the Secretary of
Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid Highways amounts authorized for administrative
expenses by section 104(a)(1)(A) and 104(a)(1)(B) 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) 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;
and (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) 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) 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) 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) 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.
Sec. 122. 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. 123. Of the $6,000,000 portion of the funds appropriated
under the heading ``Highway Demonstration Projects'' in title I of
Public Law 102-143 (105 Stat. 929) that was allocated for Routes 70/38
Circle Elimination, NJ, $4,500,000 shall be transferred to, and made
available for, the following projects in the specified amounts: Mantua
Creek Overpass in Paulsboro, NJ, $2,000,000; Delsea Drive Route 47
Timber Creek in Westville, NJ, $787,000; Camden Northern End Parking
Garage in Camden, NJ, $1,213,000; and Route 47 Chapel Heights Avenue in
Gloucester, NJ, $500,000.
Sec. 124. None of the funds made available in this Act may be
used to require a State or local government to post a traffic control
device or variable message sign, or any other type of traffic warning
sign, in a language other than English, except with respect to the
names of cities, streets, places, events, or signs related to an
international border.

Federal Motor Carrier Safety Administration

motor carrier safety

general provisions--federal motor carrier safety administration

Sec. 141. Funds appropriated or limited in 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. 142. 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 the operators of utility service vehicles, as that term is
defined in section 395.2 of title 49, Code of Federal Regulations.

general provisions--national highway traffic safety administration

Sec. 151. Funds appropriated or limited in this Act to educate
the motoring public on how to share the road safely with commercial
motor vehicles shall be jointly administered and implemented by the
National Highway Traffic Safety Administration and the Federal Motor
Carrier Safety Administration.

Federal Railroad Administration

pennsylvania station redevelopment project

(transfer of funds)

Of the unobligated balances of funds made available in section 232
of appendix E of Public Law 106-113, $39,827,000 are hereby transferred
to and merged with funds for the Federal Transit Administration,
Capital Investment Grants, for the purposes of constructing the New
York Long Island Rail Road East Side Access (Extension).

general provisions--federal railroad administration

Sec. 161. Notwithstanding any provisions of this or any other Act,
during the fiscal year ending September 30, 2005, and hereafter, the
Federal Railroad Administration may use funds appropriated by this or
any other Act to provide for the installation of a broadband high speed
internet service connection, including necessary equipment, for Federal
Railroad Administration employees, and to either pay directly recurring
monthly charges or to reimburse a percentage of such monthly charges
which are paid by such inspectors: Provided, That the Federal Railroad
Administration certifies that adequate safeguards against private
misuse exist, and that the service is necessary for direct support of
the agency's mission.

Federal Transit Administration

General Services Administration

real property activities

federal buildings fund

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), $1,775,261,000.

general provisions--federal transit administration

Sec. 171. 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. 172. 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, 2007, and other
recoveries, shall be made available for other projects under 49 U.S.C.
5309.
Sec. 173. Notwithstanding any other provision of law, any funds
appropriated before October 1, 2004, 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. 174. None of the funds in this Act shall be available to
any Federal transit grantee after February 1, 2004, involved directly
or indirectly, in any activity that promotes the legalization or
medical use of any substance listed in schedule I of section 202 of the
Controlled Substances Act (21 U.S.C. 812 et seq.).
Sec. 175. From unobligated balances in the Federal Transit
Administration's Discretionary Grants account, not to exceed
$72,792,311 shall be transferred as follows: to the Federal Transit
Administration's Formula Grants account, not to exceed $42,190,828; and
to the Interstate Transfer Grants--Transit account, not to exceed
$30,601,483: Provided, That these unobligated balances are used,
together with Formula Grant funds that are available for
reapportionment in such account, to restore obligation authority
reduced due to a prior deficiency.

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, $15,900,000, to be
derived from the Harbor Maintenance Trust Fund, pursuant to Public Law
99-662: Provided, That, of this amount, $1,500,000 shall be for the
concrete replacement project and related expenses at the Eisenhower and
Snell Locks.

Maritime Administration

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.

operations and training

For necessary expenses of operations and training activities
authorized by law, $106,400,000, of which $23,753,000 shall remain
available until September 30, 2005, for salaries and benefits of
employees of the United States Merchant Marine Academy; of which
$13,138,000 shall remain available until expended for capital
improvements at the United States Merchant Marine Academy; and of which
$8,090,000 shall remain available until expended for the State Maritime
Schools 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, $19,116,000, to remain available until expended.

maritime guaranteed loan (title xi) program account

(including transfer of funds)

For administrative expenses to carry out the guaranteed loan
program, not to exceed $4,764,000, which shall be transferred to and
merged with the appropriation for Operations and Training.

ship construction

(rescission)

Of the unobligated balances available under this heading,
$1,979,000 are rescinded.

general provisions--maritime administration

Sec. 185. 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. 186. 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 appropriations Act.
Sec. 187. None of the funds appropriated or otherwise made
available by this Act may be used to implement or make an award
pursuant to the National Defense Tank Vessel Construction Assistance
Program Request for Proposals issued by the Maritime Administration on
February 20, 2004.

Research and Special Programs Administration

research and special programs

For expenses necessary to discharge the functions of the
Research and Special Programs Administration, $46,790,000, of which
$645,000 shall be derived from the Pipeline Safety Fund, and of which
$3,025,000 shall remain available until September 30, 2007: 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,
$68,466,000, of which $14,000,000 shall be derived from the Oil Spill
Liability Trust Fund and shall remain available until September 30,
2007; of which $54,466,000 shall be derived from the Pipeline Safety
Fund, of which $22,901,000 shall remain available until September 30,
2007: Provided further, That not less than $1,000,000 of the funds
provided under this heading shall be for the one-call state grant
program.

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) 2007:
Provided further, That none of the funds made available by 49 U.S.C.
5116(i), 5127(c), 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, $58,000,000: 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.

general provisions--department of transportation

(including transfers of funds)

Sec. 188. 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. 189. 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. 190. 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 may be assigned on temporary
detail outside the Department of Transportation.
Sec. 191. None of the funds in this Act shall be used to
implement section 404 of title 23, United States Code.
Sec. 192. (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. 193. 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. 194. Notwithstanding any other provisions 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. 195. None of the funds in title I of this Act may be used
to make a grant unless the Secretary of Transportation 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. 196. 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. 197. 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. 198. 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. 199. None of the funds made available in this Act to the
Department of Transportation 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.

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 $2,750,000 for official travel
expenses; not to exceed $3,000,000, to remain available until September
30, 2006 for information technology modernization requirements; not to
exceed $75,000 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,
$177,000,000: Provided, That the Office of Foreign Assets Control shall
be funded at no less than $22,511,000 and 120 full-time equivalent
positions: Provided further, That of these amounts, up to $2,900,000 is
for grants to State and local law enforcement groups to help fight
money laundering; $3,393,000, to remain available until September 30,
2006, 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,
$36,072,000, to remain available until September 30, 2007: 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 ``Internal revenue service,
information systems'' or ``Internal revenue service, 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, $16,500,000.

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, $129,126,000.

Air Transportation Stabilization Program Account

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),
$2,000,000 to remain available until expended.

Treasury Building and Annex Repair and Restoration

(including transfer of funds)

For the repair, alteration, and improvement of the Treasury
Building and Annex, $20,316,000, to remain available until September
30, 2007: Provided, That up to $2,000,000 of the amount provided under
this heading shall be transferred to and merged with ``Office of
Inspector General, salaries and expenses'' for costs associated with
the audit of this account.

Expanded Access to Financial Services

(rescission)

Of the unobligated balances available under this heading,
$4,000,000 are rescinded.

Violent Crime Reduction Program

(rescission)

Of the unobligated balances available under this heading,
$1,000,000 are rescinded.

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; and for assistance to Federal law enforcement agencies,
with or without reimbursement, $64,502,000, of which not to exceed
$7,000,000 shall remain available until September 30, 2007; and of
which $8,354,000 shall remain available until September 30, 2006:
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,
$230,930,000, of which not to exceed $9,220,000 shall remain available
until September 30, 2007, for information systems modernization
initiatives.

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, $82,542,000; of which 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 2005
under such section 5136 for circulating coinage and protective service
capital investments of the United States Mint shall not exceed
$41,100,000.

Bureau of the Public Debt

administering the public debt

For necessary expenses connected with any public-debt issues of
the United States, $179,566,000, 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 2005 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
2005 appropriation from the general fund estimated at $175,166,000. In
addition, $60,000 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, $4,071,824,000, of which up to
$4,100,000 shall be for the Tax Counseling for the Elderly Program, and
of which $7,500,000 shall be available for low-income taxpayer clinic
grants.

tax law enforcement

(including transfer of funds)

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; expanded customer service and
public outreach programs, strengthened enforcement activities, and
enhanced research efforts to reduce erroneous filings associated with
the earned income tax credit; 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 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $4,278,107,000, of which not to exceed
$1,000,000 shall remain available until September 30, 2007, for
research: Provided, That up to $10,000,000 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 Credit
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, $1,622,093,000, of which $200,000,000 shall remain
available until September 30, 2006.

business systems modernization

For necessary expenses of the Internal Revenue Service,
$285,000,000, to remain available until September 30, 2007, 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),
$34,841,000.

administrative provisions--department of the treasury

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
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. 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. 206. 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 Crimes Enforcement Network, and
Bureau of the Public Debt, may be transferred between such
appropriations upon the advance approval of the Committees on
Appropriations: Provided, That no transfer may increase or decrease any
such appropriation by more than 2 percent.
Sec. 207. 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: Provided, That no transfer may increase or decrease any
such appropriation by more than 2 percent.
Sec. 208. 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. 209. 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. 210. The Secretary of the Treasury may transfer funds from
``Financial management service, salaries and expenses'' to ``Debt
services'' 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. 211. Section 122(g)(1) of Public Law 105-119 (5 U.S.C.
3104 note), is further amended by striking ``6 years'' and inserting
``7 years''.
Sec. 212. The Treasury Department Appropriations Act, 1997 under
the heading ``Treasury Franchise Fund'', as amended, is further amended
by striking ``October 1, 2004'' and inserting ``October 1, 2005''.
Sec. 213. (a) Section 3333 of title 31, United States Code, is
amended as follows:
(1) By amending subsection (a)(1) to read as follows:
``(a)(1) The Secretary of the Treasury is not liable for a payment
made by the Secretary or depositary in due course and without
negligence, of--
``(A) a check, draft, or warrant drawn on the Treasury or
the depositary;
``(B) an electronic payment issued by the Treasury or the
depositary; and
``(C) a debt obligation guaranteed or assumed by the United
States Government.'';
(2) By inserting after paragraph (2) of subsection (a) the
following new paragraph:
``(3) The amount of the relief shall be charged to the Check
Forgery Insurance Fund (31 U.S.C. 3343). A recovery or repayment of a
loss for which replacement is made out of the fund shall be credited to
the fund and is available for the purposes for which the fund was
established.''.
(b) The Check Forgery Insurance Fund (31 U.S.C. 3343) shall be
available to fund amounts relating to the payment of items listed in 31
U.S.C. 3333(a)(1), as amended above, prior to the enactment of this
Act.
Sec. 214. 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. 215. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department of the
Treasury, the Bureau of Engraving and Printing, and the United States
Mint, individually or collectively, may be used to consolidate any or
all functions of the Bureau of Engraving and Printing and the United
States Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing, and Urban
Affairs; the House Committee on Appropriations; and the Senate
Committee on Appropriations.

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

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.

White House Office

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,
$59,525,000: Provided, That $8,345,395 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, $12,760,000, 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, $1,900,000, to remain available until
expended, for required maintenance, safety and health issues, and
continued preventative maintenance.

Council of Economic Advisers

salaries and expenses

For necessary expenses of the Council of Economic Advisers in
carrying out its functions under the Employment Act of 1946 (15 U.S.C.
1021), $4,040,000.

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,
$2,267,000.

National Security Council

salaries and expenses

For necessary expenses of the National Security Council,
including services as authorized by 5 U.S.C. 3109, $8,932,000.

Homeland Security Council

salaries and expenses

For necessary expenses of the Homeland Security Council, including
services as authorized by 5 U.S.C. 3109, $2,475,000.

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, $92,696,000, of which $12,075,000
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 $4,000,000 of Capital Investment Plan funds may not be obligated
until the Executive Office of the President has submitted a report to
the Committees on Appropriations that includes an Enterprise
Architecture, as defined in OMB Circular A-130 and the Federal Chief
Information Officers Council guidance, that is reviewed and approved by
the Office of Management and Budget, reviewed by the U.S. General
Accountability Office, and approved by the Committees on
Appropriations.

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 and to carry out the provisions of chapter 35 of title
44, United States Code, $67,759,000, of which not to exceed $1,500
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 their subcommittees: Provided further,
That the preceding shall not apply to printed hearings released by the
Committees on Appropriations: 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

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,
$28,109,000; of which $1,350,000 shall remain available until expended
for policy research and evaluation: 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.), $30,000,000, which shall remain available until
expended, consisting of $10,000,000 for counternarcotics research and
development projects, and $20,000,000 for the continued operation of
the technology transfer program: Provided, That the $10,000,000 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 transfers of funds)

For necessary expenses of the Office of National Drug Control
Policy's High Intensity Drug Trafficking Areas Program, $215,350,000,
for drug control activities consistent with the approved strategy for
each of the designated High Intensity Drug Trafficking Areas, of which
not less than $208,000,000 shall be provided as base funding to High
Intensity Drug Trafficking Areas: Provided, That 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 further, That up to 49
percent, to remain available until September 30, 2006, may be
transferred to Federal agencies and departments at a rate to be
determined by the Director: Provided further, That $2,000,000 shall be
used for auditing services and associated activities, and at least
$500,000 of the $2,000,000 shall be used to develop and implement a
data collection system to measure the performance of the High Intensity
Drug Trafficking Areas Program: Provided further, That a request shall
be submitted to the House and Senate Committees on Appropriations for
approval prior to the obligation of funds of an amount in excess of the
fiscal year 2005 budget request: Provided further, That such request
shall be made in compliance with the reprogramming guidelines.

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.), $195,000,000 to remain available until expended, of which the
following amounts are available as follows: $120,000,000 to support a
national media campaign, as authorized by the Drug-Free Media Campaign
Act of 1998; $70,000,000 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; $1,000,000
for the Counterdrug Intelligence Executive Secretariat; $500,000 for
the National Alliance for Model State Drug Laws; $1,000,000 for
evaluations and research related to National Drug Control Program
performance measures; $500,000 for the National Drug Court Institute;
$1,500,000 for the United States Anti-Doping Agency for anti-doping
activities; and $500,000 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:
Provided further, That of the amounts appropriated for a national media
campaign, no less than 78 percent shall be used for the purchase of
advertising time and space for the national media campaign.

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.

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, $4,571,000.

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, $333,000: 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.

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 $5,686,000: Provided, That,
notwithstanding any other provision of law, there may be credited to
this appropriation funds received for publications and training
expenses.

National Transportation Safety Board

salaries and expenses

(including rescission of funds)

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) $76,925,000, of which not to exceed $2,000 may be used for
official reception and representation expenses. Of the available
unobligated balances made available under Public Law 106-246,
$8,000,000 are hereby cancelled.

Federal Election Commission

salaries and expenses

For necessary expenses to carry out the provisions of the
Federal Election Campaign Act of 1971, as amended, $52,159,000, of
which no less than $4,700,000 shall be available for internal automated
data processing systems, and of which not to exceed $5,000 shall be
available for reception and representation expenses: Provided, That
none of the funds provided in this Act or from any other source may be
used to allow any candidate for or member of the House of
Representatives or United States Senate to file information and reports
required by the Commission in any form other than electronically.

Election Assistance Commission

salaries and expenses

(including transfer of funds)

For necessary expenses to carry out the Help America Vote Act
of 2002 (HAVA), $15,000,000, of which not less than $2,500,000 shall be
transferred to the National Institutes of Standards and Technology for
election reform activities as authorized by HAVA: Provided, That none
of the funds under this heading may be used for any member or employee
of the Election Assistance Commission for lobbying activities, if the
lobbying relates to the advocacy of a change in the date provided under
Federal law for general elections for Federal office.

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, $29,673,000: 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 therefor, as authorized by 5
U.S.C. 5901-5902, $19,362,000: 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)

To carry out 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), 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
$6,996,741,000, of which: (1) $522,251,000 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:
California:
Los Angeles, United States Courthouse,
$314,385,000.
San Diego, United States Courthouse, $3,068,000.
District of Columbia:
Southeast Federal Center Site Remediation,
$2,650,000.
Maine:
Calais, Border Station, $3,269,000.
Madawaska, Border Station, $1,760,000.
Maryland:
Montgomery County, Food and Drug Administration
Consolidation, $88,710,000.
Minnesota:
Warroad, Border Station, $1,837,000.
New York:
Alexandria Bay, Border Station, $8,884,000.
Massena, Border Station, $15,000,000.
North Dakota:
Dunseith, Border Station, $2,301,000.
Portal, Border Station, $22,351,000.
Texas:
El Paso, Paso Del Norte Border Station,
$26,191,000.
El Paso, United States Courthouse, $2,714,000.
El Paso, Ysleta Border Station, $2,491,000.
Vermont:
Derby Line, Border Station, $3,348,000.
Norton, Border Station, $1,747,000.
Richford, Border Station, $1,545,000.
Nonprospectus Construction, $10,000,000.
Judgment Fund repayment, $10,000,000:
Provided, That each of the foregoing limits of costs on new
construction projects may be exceeded to the extent that savings are
effected in other such projects, but not to exceed 10 percent of the
amounts included in an 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, 2006, and remain in the Federal
Buildings Fund except for funds for projects as to which funds for
design or other funds have been obligated in whole or in part prior to
such date; (2) $931,211,000 shall remain available until expended for
repairs and alterations, which includes associated design and
construction services: Provided further, That the Administrator shall
fund the following projects from repair and alterations as the
limitation will allow:
Repairs and Alterations:
District of Columbia:
Eisenhower Executive Office Building, $5,000,000.
Federal Office Building 6, $8,267,000.
Hoover FBI Building, $10,242,000.
Mary E. Switzer Building, $80,335,000.
New Executive Office Building, $6,262,000.
Steam Distribution System, $2,000,000.
Theodore Roosevelt Building, $9,730,000.
Georgia:
Atlanta, Martin Luther King, Jr. Federal Building,
$14,800,000.
Atlanta, United States Court of Appeals,
$32,004,000.
Hawaii:
Hilo, Federal Building, $5,133,000.
Louisiana:
New Orleans, Boggs Federal Building, $22,581,000.
New Orleans, Wisdom Courthouse of Appeals,
$8,005,000.
Maryland:
Baltimore, George H. Fallon Federal Building,
$46,163,000.
Suitland, National Record Center, $7,989,000.
Woodlawn, Social Security Administration Altmeyer
Building, $6,300,000.
Minnesota:
St. Paul, Warren E. Burger Federal Building--
Courthouse, $36,644,000.
Missouri:
Kansas City, Richard Bolling Federal Building,
$40,048,000.
New York:
New York, Foley Square Courthouse, $2,505,000.
Queens, Joseph P. Addabbo Federal Building,
$5,455,000.
Ohio:
Cincinnati, Potter Stewart Courthouse, $37,975,000.
Cleveland, Celebreeze Federal Building,
$37,375,000.
Washington:
Seattle, William Nakamura Courthouse, $50,210,000.
Special Emphasis Programs:
Chlorofluorocarbons Program, $13,000,000.
Energy Program, $30,000,000.
Glass Fragment Retention, $20,000,000.
Design Program, $49,699,000.
Basic Repairs and Alterations, $394,500,000:
Provided further, That funds made available in this or any previous Act
in the Federal Buildings Fund for repairs and alterations shall, for
prospectus projects, be limited to the amount identified for each
project, except each project in this or any previous Act may be
increased by an amount not to exceed 10 percent unless advance 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, 2006 and
remain in the Federal Buildings Fund except funds for projects as to
which funds for design or other funds have been obligated in whole or
in part prior to such date: Provided further, That the amount provided
in this or any prior Act for basic repairs and alterations may be used
to pay claims against the Government arising from any projects under
the heading repairs and alterations or used to fund authorized
increases in prospectus projects; (3) $161,442,000 for installment
acquisition payments including payments on purchase contracts which
shall remain available until expended; (4) $3,672,315,000 for rental of
space which shall remain available until expended; and (5)
$1,709,522,000 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
2005, 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 the aggregate new obligational authority authorized for
Real Property Activities of the Federal Buildings Fund in this Act
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, $62,100,000.

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 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, $82,175,000.

office of inspector general

For necessary expenses of the Office of Inspector General and
services authorized by 5 U.S.C. 3109, $42,351,000: 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, $3,449,000:
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.

expenses, presidential transition

For expenses necessary to carry out the Presidential Transition Act
of 1963, as amended, $7,700,000, of which not to exceed $1,000,000 is
for activities authorized by sections 3(a)(8) and (9) of the
Presidential Transition Act of 2000, and may be used notwithstanding
section 3(f) of such Act (3 U.S.C. 102 note).

general provisions--general services administration

Sec. 401. The appropriate appropriation or fund available to
the General Services Administration shall be credited with the cost of
operation, protection, 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 in
fiscal year 2005 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 2006 request for United States Courthouse
construction that: (1) does not meet the design guide standards for
construction as established and approved by the General Services
Administration, the Judicial Conference of the United States, and the
Office of Management and Budget; and (2) does not reflect the
priorities of the Judicial Conference of the United States as set out
in its approved 5-year construction plan: Provided, That the fiscal
year 2006 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. 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.

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, $34,683,000 together with not to exceed
$2,620,000 for administrative expenses to adjudicate retirement appeals
to be transferred from the Civil Service Retirement and Disability Fund
in amounts determined by the Merit 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.),
$1,984,000, to remain available until expended, of which up to $50,000
shall be used to conduct financial audits pursuant to the
Accountability of Tax Dollars Act of 2002 (Public Law 107-289),
notwithstanding sections 8 and 9 of Public Law 102-259: Provided, That
up to 60 percent of such funds may be transferred by the Morris K.
Udall Scholarship and Excellence in National 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, $1,301,000, to remain available until
expended.

National Archives and Records Administration

operating expenses

For necessary expenses in connection with the administration of
the National Archives and Records Administration (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, $264,185,000: 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.

electronic records archives

For necessary expenses in connection with the development of
the electronic records archives, to include all direct project costs
associated with research, analysis, design, development, and program
management, $35,914,000.

repairs and restoration

For the repair, alteration, and improvement of archives
facilities, and to provide adequate storage for holdings, $7,182,000,
to remain available until expended.

national historical publications and records commission

grants program

For necessary expenses for allocations and grants for
historical publications and records as authorized by 44 U.S.C. 2504, as
amended, $3,000,000, to remain available until expended.

Office of Government Ethics

salaries and expenses

For necessary expenses to carry out functions of the Office of
Government Ethics pursuant to the Ethics in Government Act of 1978, as
amended, and the Ethics Reform Act of 1989, including services as
authorized by 5 U.S.C. 3109, rental of conference rooms in the District
of Columbia and elsewhere, hire of passenger motor vehicles, and not to
exceed $1,500 for official reception and representation expenses,
$11,238,000.

Office of Personnel Management

salaries and expenses

(including transfer of trust funds)

For necessary expenses to carry out functions of the Office of
Personnel Management pursuant to 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, $120,444,000,
of which $2,000,000 shall remain available until expended for the cost
of the enterprise human resources integration project, $6,615,000 shall
remain available until expended for the cost of leading the government-
wide initiative to modernize the Federal payroll systems and service
delivery; $800,000 shall remain available until expended for the cost
of the e-human resources information system project; $2,000,000 shall
remain available until expended for the cost of the e-clearance
project; and $3,300,000 shall remain available until expended for the
recruitment one stop project; and in addition $128,462,000 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 $27,640,000 shall remain
available until expended for the cost of automating the retirement
recordkeeping systems: Provided, That the provisions of this
appropriation shall not affect the authority to use applicable trust
funds as provided by sections 8348(a)(1)(B), and 9004(f)(1)(A) and
(2)(A) of title 5, United States Code: Provided 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 2005,
accept donations of money, property, and personal services: Provided
further, That such donations, including those from prior years, may be
used for the development of publicity materials to provide information
about the White House Fellows, except that no such donations shall be
accepted for travel or 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, $1,627,000, and in addition, not to exceed $16,461,000
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.

human capital performance fund

(including transfer of funds)

For a human capital performance fund, as authorized by 5 U.S.C.
5408, $12,514,000: Provided, That such amounts as determined by the
Director of the Office of Personnel Management may be transferred to
Federal agencies to carry out the purposes of this fund as authorized
by 5 U.S.C. 5403: Provided further, That no funds shall be available
for obligation or transfer to any Federal agency until the Director has
notified the relevant subcommittees of jurisdiction of the Committees
on Appropriations of the approval of a performance pay plan for that
agency, and the prior approval of such subcommittees has been attained.

Office of Special Counsel

salaries and expenses

For necessary expenses to carry out functions of the Office of
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978 (Public Law 95-454), as amended, the
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; $15,449,000.

United States Postal Service

payment to the postal service fund

For payment to the Postal Service Fund for revenue forgone on
free and reduced rate mail, pursuant to subsections (c) and (d) of
section 2401 of title 39, United States Code, $61,709,000, which shall
not be available for obligation until October 1, 2005: Provided, That
mail for overseas voting and mail for the blind shall continue to be
free: Provided further, That 6-day delivery and rural delivery of mail
shall continue at not less than the 1983 level: Provided further, That
none of the funds made available to the Postal Service by this Act
shall be used to implement any rule, regulation, or policy of charging
any officer or employee of any State or local child support enforcement
agency, or any individual 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 2005.

United States Tax Court

salaries and expenses

For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $41,180,000: Provided, That
travel expenses of the judges shall be paid upon the written
certificate of the judge.

TITLE V--GENERAL PROVISIONS

This Act

(including transfers of funds)

Sec. 501. Such sums as may be necessary for fiscal year 2004
pay raises for programs funded in this Act shall be absorbed within the
levels appropriated in this Act or previous appropriations Acts.
Sec. 502. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 503. 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. 504. 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. 505. 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. 506. None of the funds made available by this Act shall be
available for any activity or for paying the salary of any Government
employee where funding an activity or paying a salary to a Government
employee would result in a decision, determination, rule, regulation,
or policy that would prohibit the enforcement of section 307 of the
Tariff Act of 1930.
Sec. 507. No part of any appropriation contained in this Act
shall be available to pay the salary for any 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. 508. Except as otherwise specifically provided by law, not
to exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2005 from appropriations made available for salaries
and expenses for fiscal year 2005 in this Act, shall remain available
through September 30, 2006, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the
Committees on Appropriations for approval prior to the expenditure of
such funds: Provided further, That these requests shall be made in
compliance with reprogramming guidelines.
Sec. 509. None of the funds made available in this Act may be
used by the Executive Office of the President to request from the
Federal Bureau of Investigation any official background investigation
report on any individual, except when--
(1) such individual has given his or her express written
consent for such request not more than 6 months prior to the
date of such request and during the same presidential
administration; or
(2) such request is required due to extraordinary
circumstances involving national security.
Sec. 510. 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. 511. 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. 512. No funds appropriated or otherwise made available
under this Act shall be made available to any person or entity that has
been convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
Sec. 513. No funds appropriated by this Act shall be available
to pay for an abortion, or the administrative expenses in connection
with any health plan under the Federal employees health benefits
program which provides any benefits or coverage for abortions.
Sec. 514. The provision of section 517 shall not apply where
the life of the mother would be endangered if the fetus were carried to
term, or the pregnancy is the result of an act of rape or incest.
Sec. 515. None of the funds provided in this Act, provided by
previous appropriations Acts to the agencies or entities funded in this
Act that remain available for obligation or expenditure in fiscal year
2005, or provided from any accounts in the Treasury derived by the
collection of fees and available to the agencies funded by this Act,
shall be available for obligation or expenditure through a
reprogramming of funds that--
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by the Congress;
(4) proposes to use funds directed for a specific activity
by either the House or Senate Committees on Appropriations for
a different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is greater;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is greater; or
(7) creates or reorganizes a branch, division, office,
bureau, board, commission, agency administration, or department
different from the budget justifications submitted to the
Committees on Appropriations;
unless prior approval is received from the House and Senate Committees
on Appropriations.
Sec. 516. Exemption From Limitations on Procurement of Foreign
Information Technology That Is a Commercial Item.--In order to promote
Government access to commercial information technology, the restriction
on purchasing nondomestic articles, materials, and supplies set forth
in the Buy American Act (41 U.S.C. 10a et seq.), shall not apply to the
acquisition by the Federal Government of information technology (as
defined in section 11101 of title 40, United States Code, that is a
commercial item (as defined in section 4(12) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(12)).
Sec. 517. It is the sense of the House of Representatives that
empowerment zones within cities should have the necessary flexibility
to expand to include relevant communities so that empowerment zone
benefits are equitably distributed.
Sec. 518. It is the sense of the House of Representatives that
all census tracts contained in an empowerment zone, either fully or
partially, should be equitably accorded the same benefits.
Sec. 519. None of the funds made available in this Act may be
used to finalize, implement, administer, or enforce--
(1) the proposed rule relating to the determination that
real estate brokerage is an activity that is financial in
nature or incidental to a financial activity published in the
Federal Register on January 3, 2001 (66 Fed. Reg. 307 et seq.);
or
(2) the revision proposed in such rule to section 1501.2 of
title 12 of the Code of Federal Regulations.
Sec. 520. It is the sense of Congress that, after proper
documentation, justification, and review, the Department of
Transportation should consider programs to reimburse general aviation
ground support services at Ronald Reagan Washington National Airport,
and airports located within fifteen miles of Ronald Reagan Washington
National Airport, for their financial losses due to Government actions
after the terrorist attacks of September 11, 2001.
Sec. 521. None of the funds made available under this Act may
be obligated or expended to establish or 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.

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 2005 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 2005, by this or any other Act, may
be used to pay any prevailing rate employee described in section
5342(a)(2)(A) of title 5, United States Code--
(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
2005, 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 2005, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under paragraph (1) by more
than the sum of--
(A) the percentage adjustment taking effect in
fiscal year 2005 under section 5303 of title 5, United
States Code, in the rates of pay under the General
Schedule; and
(B) the difference between the overall average
percentage of the locality-based comparability payments
taking effect in fiscal year 2005 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, 2004, shall be determined under
regulations prescribed by the Office of Personnel Management.
(d) Notwithstanding any other provision of law, rates of
premium pay for employees subject to this section may not be changed
from the rates in effect on September 30, 2004, except to the extent
determined by the Office of Personnel Management to be consistent with
the purpose of this section.
(e) This section shall apply with respect to pay for service
performed after September 30, 2004.
(f) For the purpose of administering any provision of law
(including any rule or regulation that provides 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 ``General Services
Administration, governmentwide policy'' 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: Provided, That 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 Federal Acquisition Council for procurement
initiatives): Provided further, That the total funds transferred or
reimbursed shall not exceed $17,000,000: Provided further, That 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. Notwithstanding any other provision of law, a woman
may breastfeed her child at any location in a Federal building or on
Federal property, if the woman and her child are otherwise authorized
to be present at the location.
Sec. 629. Notwithstanding section 1346 of title 31, United
States Code, or section 610 of this Act, funds made available for the
current fiscal year by this or any other Act shall be available for the
interagency funding of specific projects, workshops, studies, and
similar 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. 630. Any request for proposals, solicitation, grant
application, form, notification, press release, or other publications
involving the distribution of Federal funds shall indicate the agency
providing the funds, the Catalog of Federal Domestic Assistance Number,
as applicable, and the amount provided: Provided, That this provision
shall apply to direct payments, formula funds, and grants received by a
State receiving Federal funds.
Sec. 631. Subsection (f) of section 403 of Public Law 103-356
(31 U.S.C. 501 note), as amended, is further amended by striking
``October 1, 2004'' and inserting ``October 1, 2005''.
Sec. 632. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available in this or
any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally
identifiable information relating to an 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 aggregation of data, derived from any means, that
includes any personally identifiable information relating to an
individual's access to or use of any nongovernmental Internet
site.
(b) Exceptions.--The limitations established in subsection (a)
shall not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally 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. 633. (a) None of the funds appropriated by this Act may be
used to enter into or renew a contract which includes a provision
providing prescription drug coverage, except where the contract also
includes a 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. 634. 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. 635. 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. 636. None of the funds provided in this Act shall be used
to implement or enforce regulations for locality pay areas in fiscal
year 2005 that are inconsistent with the recommendations of the Federal
Salary Council adopted on October 7, 2003.
Sec. 637. Notwithstanding any other provision of law, none of
the funds appropriated or made available under this Act or any other
appropriations Act may be used to implement or enforce restrictions or
limitations on the Coast Guard Congressional Fellowship Program, or to
implement the proposed regulations of the Office of Personnel
Management to add sections 300.311 through 300.316 to part 300 of title
5 of the Code of Federal Regulations, published in the Federal
Register, volume 68, number 174, on September 9, 2003 (relating to the
detail of executive branch employees to the legislative branch).
Sec. 638. (a) The adjustment in rates of basic pay for employees
under the statutory pay systems that takes effect in fiscal year 2005
under sections 5303 and 5304 of title 5, United States Code, shall be
an increase of 3.5 percent, and this adjustment shall apply to civilian
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, 2005.
(b) Notwithstanding section 613 of this Act, the adjustment in
rates of basic pay for the statutory pay systems that take place in
fiscal year 2005 under sections 5344 and 5348 of title 5, United States
Code, shall be no less than the percentage in paragraph (a) as
employees in the same location whose rates of basic pay are adjusted
pursuant to the statutory pay systems under section 5303 and 5304 of
title 5, United States Code. Prevailing rate employees at locations
where there are no employees whose pay is increased pursuant to section
5303 and 5304 of title 5 and prevailing rate employees described in
section 5343(a)(5) of title 5 shall be considered to be located in the
pay locality designated as ``Rest of US'' pursuant to section 5304 of
title 5 for purposes of this paragraph.
(c) Funds used to carry out this section shall be paid from
appropriations, which are made to each applicable department or agency
for salaries and expenses for fiscal year 2005.
Sec. 639. None of the funds made available in this Act shall be
available for the development or dissemination by the Federal Highway
Administration of any version of a programmatic agreement which regards
the Dwight D. Eisenhower National System of Interstate and Defense
Highways as eligible for inclusion on the National Register of Historic
Places.
Sec. 640. The amounts otherwise provided by this Act are revised by
increasing the amount made available for ``Financial Crimes Enforcement
Network--Salaries and Expenses''; and reducing the amount made
available for ``General Services Administration--Real Property
Activities--Federal Buildings Fund'' (consisting of a reduction of
$12,750,000 in the amount made available for rental of space and a
reduction of $12,750,000 in the amount made available for building
operations); by $25,500,000.
Sec. 641. None of the funds appropriated by the Act may be used to
plan, enter into, implement, or provide oversight of contracts between
the Secretary of the Treasury, or his designee, and any private
collection agency.
Sec. 642. The amount otherwise provided by this Act for deposit in
the Federal Buildings Fund is hereby reduced by $152,979,000, and,
notwithstanding any other provision of this Act, the amount available
from revenues and collections deposited into the Fund shall be
available for necessary expenses of real property management and
related activities not otherwise provided for in the aggregate amount
of $8,619,023,000.
Sec. 643. None of the funds made available in this Act may be used
by the Council of Economic Advisers to produce an Economic Report of
the President regarding the inclusion of employment at a retail fast
food restaurant as part of the definition of manufacturing employment.
Sec. 644. None of the funds appropriated by this Act may be used by
the Secretary of the Treasury to implement, pursuant to sections
8348(j)(1) and 8348(l)(2) of title 5, United States Code, any
suspension of issuance of obligations of the United States for purchase
by the Civil Service Retirement and Disability Fund, to implement,
pursuant to sections 8438(g)(1) and 8438(h)(2) of such title, any
suspension of issuance of obligations of the United States for purchase
by the Thrift Savings Fund for the Government Securities Investment
Fund, or to implement, pursuant to section 8348(k)(1) of such title,
any sale or redemption of securities, obligations, or other invested
assets of the Civil Service Retirement and Disability Fund before
maturity.
Sec. 645. None of the funds made available by this Act may be used
to implement the revision to Office of Management and Budget Circular
A-76 made on May 29, 2003.
Sec. 646. None of the funds appropriated by this Act may be used to
assist in overturning the judicial ruling contained in the Memorandum
and Order of the United States District Court for the Southern District
of Illinois entered on July 31, 2003, in the action entitled Kathi
Cooper, Beth Harrington, and Matthew Hillesheim, Individually and on
Behalf of All Those Similarly Situated vs. IBM Personal Pension Plan
and IBM Corporation (Civil No. 99-829-GPM).
Sec. 647. (a) None of the funds made available in this Act may be
used to implement, administer, or enforce the amendments made to
section 515.560 or 515.561 of title 31, Code of Federal Regulations
(relating to travel-related transactions incident to travel to Cuba and
visiting relatives in Cuba), as published in the Federal Register on
June 16, 2004.
(b) The limitation in subsection (a) shall not apply to the
implementation, administration, or enforcement of section 515.560(c)(3)
of title 31, Code of Federal Regulations.
Sec. 648. None of the funds made available in this Act may be used
to implement, administer, or enforce the amendments made to paragraphs
(a) and (b) of section 515.565 of title 31, Code of Federal Regulations
(relating to specific licenses for United States academic institutions
and other specific licenses), as published in the Federal Register on
June 16, 2004 (69 Fed. Reg. 33772). The limitation in the preceding
sentence shall not apply to the implementation, administration, or
enforcement of section 515.560(c)(3) of title 31, Code of Federal
Regulations.
Sec. 649. None of the funds made available in this Act may be used
to implement any sanction imposed by the United States on private
commercial sales of agricultural commodities (as defined in section 402
of the Agricultural Trade Development and Assistance Act of 1954) or
medicine or medical supplies (within the meaning of section 1705(c) of
the Cuban Democracy Act of 1992) to Cuba (other than a sanction imposed
pursuant to agreement with one or more other countries).
Sec. 650. None of the funds made available under this Act may be
used to issue or implement the Department of Transportation's proposed
regulation entitled Parts and Accessories Necessary for Safe Operation;
Certification of Compliance With Federal Motor Vehicle Safety Standards
(FMVSSs), published in the Federal Register, volume 67, number 53, on
March 19, 2002, relating to a phase-in period to bring vehicles into
compliance with the requirements of the regulation.
This Act may be cited as the ``Transportation, Treasury, and
Independent Agencies Appropriations Act, 2005''.

Passed the House of Representatives September 22, 2004.

Attest:

JEFF TRANDAHL,

Clerk.

Calendar No. 743

108th CONGRESS

2d Session

H. R. 5025

_______________________________________________________________________

AN ACT

Making appropriations for the Departments of Transportation and
Treasury, and independent agencies for the fiscal year ending September
30, 2005, and for other purposes.

_______________________________________________________________________

September 29, 2004

Received; read twice and placed on the calendar