    [Appendix]
    [Detailed Budget Estimates by Agency]
    [Government-Wide General Provisions ]
    [From the U.S. Government Printing Office, www.gpo.gov]

    [[Page 9]]

                       GOVERNMENT-WIDE GENERAL PROVISIONS

                          TITLE VI--GENERAL PROVISIONS

                     Departments, Agencies, and Corporations

        Sec. 601. Funds appropriated in this or any other Act may be used to
    pay travel to the United States for the immediate family of employees
    serving abroad in cases of death or life threatening illness of said
    employee.
        Sec. 602. No department, agency, or instrumentality of the United
    States receiving appropriated funds under this or any other Act for
    fiscal year 2004 shall obligate or expend any such funds, unless such
    department, agency, or instrumentality has in place, and will continue
    to administer in good faith, a written policy designed to ensure that
    all of its workplaces are free from the illegal use, possession, or
    distribution of controlled substances (as defined in the Controlled
    Substances Act) by the officers and employees of such department,
    agency, or instrumentality.
        Sec. 603. Unless otherwise specifically provided, the maximum amount
    allowable during the current fiscal year in accordance with section 16
    of the Act of August 2, 1946 (60 Stat. 810), for the purchase of any
    passenger motor vehicle (exclusive of buses, ambulances, law
    enforcement, and undercover surveillance vehicles), is hereby fixed at
    $8,100 except station wagons for which the maximum shall be $9,100:
    Provided, That these limits may be exceeded by not to exceed $3,700 for
    police-type vehicles, and by not to exceed $4,000 for special heavy-duty
    vehicles: Provided further, That the limits set forth in this section
    may not be exceeded by more than 5 percent for electric or hybrid
    vehicles purchased for demonstration under the provisions of the
    Electric and Hybrid Vehicle Research, Development, and Demonstration Act
    of 1976: Provided further, That the limits set forth in this section may
    be exceeded by the incremental cost of clean alternative fuels vehicles
    acquired pursuant to Public Law 101-549 over the cost of comparable
    conventionally fueled vehicles.
        Sec. 604. Appropriations of the executive departments and
    independent establishments for the current fiscal year available for
    expenses of travel, or for the expenses of the activity concerned, are
    hereby made available for quarters allowances and cost-of-living
    allowances, in accordance with 5 U.S.C. 5922-5924.
        Sec. 605. Unless otherwise specified during the current fiscal year,
    no part of any appropriation contained in this or any other Act shall be
    used to pay the compensation of any officer or employee of the
    Government of the United States (including any agency the majority of
    the stock of which is owned by the Government of the United States)
    whose post of duty is in the continental United States unless such
    person: (1) is a citizen of the United States; (2) is a person in the
    service of the United States on the date of the enactment of this Act
    who, being eligible for citizenship, has filed a declaration of
    intention to become a citizen of the United States prior to such date
    and is actually residing in the United States; (3) is a person who owes
    allegiance to the United States; (4) is an alien from Cuba, Poland,
    South Vietnam, the countries of the former Soviet Union, or the Baltic
    countries lawfully admitted to the United States for permanent
    residence; (5) is a South Vietnamese, Cambodian, or Laotian refugee
    paroled in the United States after January 1, 1975; or (6) is a national
    of the People's Republic of China who qualifies for adjustment of status
    pursuant to the Chinese Student Protection Act of 1992: Provided, That
    for the purpose of this section, an affidavit signed by any such person
    shall be considered prima facie evidence that the requirements of this
    section with respect to his or her status have been complied with:
    Provided further, That any person making a false affidavit shall be
    guilty of a felony, and, upon conviction, shall be fined no more than
    $4,000 or imprisoned for not more than 1 year, or both: Provided
    further, That the above penal clause shall be in addition to, and not in
    substitution for, any other provisions of existing law: Provided
    further, That any payment made to any officer or employee contrary to
    the provisions of this section shall be recoverable in action by the
    Federal Government. This section shall not apply to citizens of Ireland,
    Israel, or the Republic of the Philippines, or to nationals of those
    countries allied with the United States in a current defense effort, or
    to international broadcasters employed by the United States Information
    Agency, or to temporary employment of translators, or to temporary
    employment in the field service (not to exceed 60 days) as a result of
    emergencies.
        Sec. 606. Appropriations available to any department or agency
    during the current fiscal year for necessary expenses, including
    maintenance or operating expenses, shall also be available for payment
    to the General Services Administration for charges for space and
    services and those expenses of renovation and alteration of buildings
    and facilities which constitute public improvements performed in
    accordance with the Public Buildings Act of 1959 (73 Stat. 749), the
    Public Buildings Amendments of 1972 (87 Stat. 216), or other applicable
    law.
        Sec. 607. In addition to funds provided in this or any other Act,
    all Federal agencies are authorized to receive and use funds resulting
    from the sale of materials, including Federal records disposed of
    pursuant to a records schedule recovered through recycling or waste
    prevention programs. Such funds shall be available until expended for
    the following purposes:
            (1) Acquisition, waste reduction and prevention, and recycling
        programs as described in Executive Order No. 13101 (September 14,
        1998), including any such programs adopted prior to the effective
        date of the Executive order.
            (2) Other Federal agency environmental management programs,
        including, but not limited to, the development and implementation of
        hazardous waste management and pollution prevention programs.
            (3) Other employee programs as authorized by law or as deemed
        appropriate by the head of the Federal agency.
        Sec. 608. Funds made available by this or any other Act for
    administrative expenses in the current fiscal year of the corporations
    and agencies subject to chapter 91 of title 31, United States Code,
    shall be available, in addition to objects for which such funds are
    otherwise available, for rent in the District of Columbia; services in
    accordance with 5 U.S.C. 3109; and the objects specified under this
    head, all the provisions of which shall be applicable to the expenditure
    of such funds unless otherwise specified in the Act by which they are
    made available: Provided, That in the event any functions budgeted as
    administrative expenses are subsequently transferred to or paid from
    other funds, the limitations on administrative expenses shall be
    correspondingly reduced.
        Sec. 609. No part of any appropriation 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. 610. 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. 611. (a) Notwithstanding any other provision of law, and except
    as otherwise provided in this section, no part of any of the funds
    appropriated for fiscal year 2004, by this or any other Act, may be used
    to pay any prevailing rate employee described in section 5342(a)(2)(A)
    of title 5, United States Code--
            (1) during the period from the date of expiration of the
        limitation imposed by the comparable section for the previous fiscal
        year until the normal effective date of the applicable wage survey
        adjustment that is to take effect in fiscal year 2004, in an amount
        that exceeds the rate payable for the applicable grade and step of
        the applicable wage schedule in accordance with such section and
            (2) during the period consisting of the remainder of fiscal year
        2004, in an amount that exceeds, as a result of a wage survey

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        adjustment, the rate payable under paragraph (1) by more than the
        sum of--
                (A) the percentage adjustment taking effect in fiscal year
            2004 under section 5303 of title 5, United States Code, in the
            rates of pay under the General Schedule; and
                (B) the difference between the overall average percentage of
            the locality-based comparability payments taking effect in
            fiscal year 2004 under section 5304 of such title (whether by
            adjustment or otherwise), and the overall average percentage of
            such payments which was effective in the previous fiscal year
            under such section.
        (b) Notwithstanding any other provision of law, no prevailing rate
    employee described in subparagraph (B) or (C) of section 5342(a)(2) of
    title 5, United States Code, and no employee covered by section 5348 of
    such title, may be paid during the periods for which subsection (a) is
    in effect at a rate that exceeds the rates that would be payable under
    subsection (a) were subsection (a) applicable to such employee.
        (c) For the purposes of this section, the rates payable to an
    employee who is covered by this section and who is paid from a schedule
    not in existence on September 30, 2003, shall be determined under
    regulations prescribed by the Office of Personnel Management.
        (d) Notwithstanding any other provision of law, rates of premium pay
    for employees subject to this section may not be changed from the rates
    in effect on September 30, 2003, except to the extent determined by the
    Office of Personnel Management to be consistent with the purpose of this
    section.
        (e) This section shall apply with respect to pay for service
    performed after September 30, 2003.
        (f) For the purpose of administering any provision of law (including
    any rule or regulation that provides premium pay, retirement, life
    insurance, or any other employee benefit) that requires any deduction or
    contribution, or that imposes any requirement or limitation on the basis
    of a rate of salary or basic pay, the rate of salary or basic pay
    payable after the application of this section shall be treated as the
    rate of salary or basic pay.
        (g) Nothing in this section shall be considered to permit or require
    the payment to any employee covered by this section at a rate in excess
    of the rate that would be payable were this section not in effect.
        (h) The Office of Personnel Management may provide for exceptions to
    the limitations imposed by this section if the Office determines that
    such exceptions are necessary to ensure the recruitment or retention of
    qualified employees.
        Sec. 612. 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
    transmitted to the Committees on Appropriations. For the purposes of
    this section, the word ``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. 613. Notwithstanding any other provision of law, no executive
    branch agency shall purchase, construct, and/or lease any additional
    facilities, except within or contiguous to existing locations, to be
    used for the purpose of conducting Federal law enforcement training
    without advance notice transmitted to the Committees on Appropriations,
    except that the Federal Law Enforcement Training Center is authorized to
    obtain the temporary use of additional facilities by lease, contract, or
    other agreement for training which cannot be accommodated in existing
    Center facilities.
        Sec. 614. Notwithstanding section 1346 of title 31, United States
    Code, or section 609 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. 615. (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. 616. 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. 617. 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. 618. 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. 619. 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. 620. 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. 621. Notwithstanding 31 U.S.C. 1346 and section 609 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.

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        Sec. 622. 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. 623. Nothwithstanding section 1346 of title 31, United States
    Code, or section 609 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. 624. Any request for proposals, solicitation, grant
    application, form, notification, press release, or other publications
    involving the distribution of Federal funds shall indicate the agency
    providing the funds, the Catalog of Federal Domestic Assistance Number,
    as applicable, and the amount provided. This provision shall apply to
    direct payments, formula funds, and grants received by a State receiving
    Federal funds.
        Sec. 625. Subsection (f) of section 403 of Public Law 103-356 (31
    U.S.C. 501 note) is amended by striking ``October 1, 2001'' and
    inserting ``October 1, 2004''.
        Sec. 626. (a) Prohibition of Federal Agency Monitoring of Personal
    Information on Use of Internet.--None of the funds made available in
    this or any other Act may be used by any Federal agency--
            (1) to collect, review, or create any aggregate list, derived
        from any means, that includes the collection of any personally
        identifiable information relating to an individual's access to or
        use of any Federal Government Internet site of the agency; or
            (2) to enter into any agreement with a third party (including
        another government agency) to collect, review, or obtain any
        aggregate list, derived from any means, that includes the collection
        of any personally identifiable information relating to an
        individual's access to or use of any nongovernmental Internet site.
        (b) Exceptions.--The limitations established in subsection (a) shall
    not apply to--
            (1) any record of aggregate data that does not identify
        particular persons;
            (2) any voluntary submission of personally identifiable
        information;
            (3) any action taken for law enforcement, regulatory, or
        supervisory purposes, in accordance with applicable law; or
            (4) any action described in subsection (a)(1) that is a system
        security action taken by the operator of an Internet site and is
        necessarily incident to the rendition of the Internet site services
        or to the protection of the rights or property of the provider of
        the Internet site.
        (c) Definitions.--For the purposes of this section:
            (1) The term ``regulatory'' means agency actions to implement,
        interpret or enforce authorities provided in law.
            (2) The term ``supervisory'' means examinations of the agency's
        supervised institutions, including assessing safety and soundness,
        overall financial condition, management practices and policies and
        compliance with applicable standards as provided in law.
        Sec. 627. (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. 628. 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. 629. Not later than 6 months after the date of enactment of
    this Act, the Inspector General of each applicable department or agency
    shall submit to the Committee on Appropriations a report detailing what
    policies and procedures are in place for each department or agency to
    give first priority to the location of new offices and other facilities
    in rural areas, as directed by the Rural Development Act of 1972.
        Sec. 630. Establishment of Agency Fees for FECA Administration.
        (a) Amendments to Employees' Compensation Fund.--Section 8147 of
    title 5 of the United States Code is amended by--
            (1) amending subsections (a) and (b) to read as follows:
        ``(a)(1) There is in the Treasury of the United States the
    Employees' Compensation Fund, which consists of sums that Congress, from
    time to time, may appropriate for or transfer to it, and amounts that
    otherwise accrue to it under this subchapter or other statute.
        ``(2) The Fund is available without time limit for the payment of
    compensation and other benefits and expenses authorized by this
    subchapter or any extension or application thereof, except expenses of
    the Employees' Compensation Appeals Board established under section 8149
    of this subchapter and costs of administration not specified in this
    paragraph, or as otherwise provided by this subchapter or other statute.
    For purposes of this paragraph, the ``cost of administration'' shall
    refer to expenses for management, operation, and legal support of the
    program under this subchapter (other than for legal services performed
    by or for the Secretary under sections 8131 and 8132 of this title), and
    the amounts determined pursuant to subsection (d) of this section.
        ``(3) There is an Administrative Expenses Account within the Fund,
    which consists of funds deposited pursuant to subsection (c)(3) of this
    section. The funds in the Account shall remain available until expended.
    There are hereby authorized to be appropriated out of the Administrative
    Expenses Account for each fiscal year such sums as may be necessary for
    the payment of the cost of administration referred to in paragraph (2),
    except the amounts determined pursuant to subsection (d) of this
    section.
        ``(4) The Secretary of Labor shall submit annually to the Office of
    Management and Budget for review and approval estimates of--
            ``(A) appropriations necessary for the maintenance of the Fund,
            ``(B) an estimate of the amounts needed for the Administrative
        Expenses Account, and
            ``(C) an estimate of the amounts to be collected pursuant to
        subsection (d) of this subsection and to be used by the Secretary
        for the cost of administration as authorized in the appropriate
        annual appropriations Act.
        ``(b)(1) Before August 15 of each year, the Secretary shall furnish
    to the Secretary of the Treasury a statement for each agency and
    instrumentality of the United States having an employee who is or may be
    entitled to compensation benefits under this subchapter, or any
    extension or application thereof, showing--
            ``(A) the total cost of benefits and other payments made from
        the Employees' Compensation Fund during the preceding July 1 through
        June 30 expense period on account of the injury or death of
        employees or individuals under the jurisdiction of the agency or
        instrumentality; and
            ``(B)(i) a surcharge on the amount reflected in subparagraph
        (A), as determined by the Secretary of Labor, reflecting each
        agency's portion of the estimate of the total amount needed for the
        Administrative Expenses Account for the fiscal year beginning in the
        next calendar year, or
            ``(ii) the amount owed pursuant to subsection (d) of this
        section.
        ``(2) Upon submission of the statement required under paragraph (1),
    the Secretary shall furnish to each applicable agency a copy of such
    statement reflecting the amount owed by the agency.
        ``(3) If an agency or instrumentality (or part or function thereof)
    is transferred to another agency or instrumentality, the cost of
    compensation benefits and other expenses paid from the Fund on account
    of the injury or death of employees of the transferred agency or
    instrumentality (or part or function) shall be included in costs of the
    receiving agency or instrumentality.'';
            (2) redesignating subsection (c) as subsection (d);
            (3) adding the following new subsection (c):
        ``(c)(1)(A) Except as provided in subparagraph (B), each agency and
    instrumentality shall include in its annual budget estimates for the
    fiscal year beginning in the next calendar year, a request for an

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    appropriation in an amount equal to the costs and the surcharge
    specified in the statement provided under subsection (b) of this
    section.
        ``(B) An agency or instrumentality not dependent on an annual
    appropriation shall deposit in the Treasury to the credit of the Fund a
    sum equal to its costs and surcharge, if applicable, from available
    funds during the first fifteen days of October following the furnishing
    of the statement required under subsection (b)(2) of this section.
        ``(2) The Secretary of the Treasury shall credit to the Fund the
    sums specified in the statements furnished pursuant to subsection
    (b)(1)(A) and (B)(i) when such funds become available.
        ``(3) The Secretary of the Treasury shall transfer to the credit of
    the Administrative Expenses Account therein, the amounts specified in
    subsection (b)(1)(B)(i).''; and
            (4) adding the following new subsection (e) after subsection (d)
        (as redesignated):
        ``(e)(1) Upon determination of the Secretary that funds available in
    the Administrative Expenses Account are less than the limitation
    established on the amount to be expended from such account by the
    applicable appropriation for the current year, and that amounts in
    addition to the amounts currently in the Administrative Expenses Account
    are needed, the Secretary shall request, and the Secretary of the
    Treasury shall advance from the Fund to the Administrative Expenses
    Account, such sums as may be necessary, not to exceed the amount of the
    limitation established under such appropriation.
        ``(2)(A) Sums advanced pursuant to paragraph (1) shall be repaid
    from the Administrative Expenses Account without interest. Except as
    provided in subparagraph (B), such sums shall be paid in the second
    quarter of the fiscal year following that in which the advance was made.
        ``(B)(i) Repayment may be deferred for any amount that the Secretary
    determines would reduce the account below the limitation established for
    the fiscal year in which repayment is due as provided in subparagraph
    (A).
        ``(ii) Deferred payments shall be made in the second quarter of the
    first fiscal year subsequent to that provided in subparagraph (A) to the
    extent that the Secretary determines that such payment would not reduce
    the account below the limitation established for that subsequent
    year.''.
        (b) Transition Provision.--
            (1)(A) Upon enactment of this section, the Secretary of Labor
        shall furnish to the Secretary of the Treasury a supplemental
        statement for each agency and instrumentality of the United States
        having an employee who is or may be entitled to compensation
        benefits under this subchapter, or any extension or application
        thereof, showing each agency's portion, as determined by the
        Secretary of Labor, of the amount transferred from the
        Administrative Expenses Account to the Employment Standards
        Administration, ``Salaries and Expenses'' account for fiscal year
        2004.
            (B) Upon submission of the statement required under subparagraph
        (A), the Secretary of Labor shall furnish to each applicable agency
        a copy of such statement reflecting the amount owed by the agency.
            (C)(i) Except as provided in clause (ii), the Secretary of the
        Treasury shall transfer the sums specified in the statements
        furnished pursuant to subparagraph (A) to the credit of the
        Administrative Expenses Account when such funds become available.
            (ii) An agency or instrumentality not dependent on an annual
        appropriation shall deposit a sum equal to the amount of its
        supplemental statement, if applicable, in the Treasury to the credit
        of the Administrative Expenses Account from available funds.
            (2) During fiscal year 2004, the cost of administration, as
        defined in 5 U.S.C. 8147(a), shall not include any legal services.
        Sec. 631. Funds provided for personnel benefits by this or any other
    appropriations Act shall be available to pay the cost of accruals for
    pension and post-retirement health benefits as specified in the
    Managerial Flexibility Act of 2001 (S. 1612, 107th Congress, as
    introduced in the Senate on November 1, 2001), contingent upon enactment
    of such legislation.
        Sec. 632. Not to exceed 5 percent of any appropriation made under
    any heading in this or any other Act may be transferred by the President
    to any other account, to be merged with and available for the same time
    and the same purposes as the account to which transferred: Provided,
    That no account to which amounts are transferred shall be increased by
    more than 50 percent by any such transfers: Provided further, That any
    such transfer shall become effective 15 days after notice thereof is
    transmitted to the Committees on Appropriations of the House and Senate.
        Sec. 633. Each Executive department and agency shall evaluate the
    creditworthiness of an individual before issuing the individual a
    government purchase charge card or government travel charge card. The
    department or agency may not issue a government purchase charge card or
    government travel charge card to an individual that either lacks a
    credit history or is found to have an unsatisfactory credit history as a
    result of this evaluation: Provided, That this restriction shall not
    preclude issuance of a restricted-use charge, debit, or stored value
    card made in accordance with agency procedures to (a) an individual with
    an unsatisfactory credit history where such card is used to pay travel
    expenses and the agency determines there is no suitable alternative
    payment mechanism available before issuing the card, or (b) an
    individual who lacks a credit history. Each Executive department and
    agency shall establish guidelines and procedures for disciplinary
    actions to be taken against agency personnel for improper, fraudulent,
    or abusive use of government charge cards, which shall include
    appropriate disciplinary actions for use of charge cards for purposes,
    and at establishments, that are inconsistent with the official business
    of the Department or agency or with applicable standards of conduct.
    Disciplinary actions may include, but are not limited to, the review of
    the security clearance of the individual involved and the modification
    or revocation of such security clearance in light of the review.
        Sec. 634. Notwithstanding section 1346 of title 31, United States
    Code, or section 609 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 the National Oceanographic Partnership Program
    Office, authorized by 10 U.S.C. 7902, and the Coastal America program,
    which benefit multiple Federal departments, agencies, or entities.
        Sec. 635. From funds made available in this or any other Act under
    the headings, ``The White House,'' ``Office of Management and Budget,''
    ``Office of National Drug Control Policy,'' ``Special Assistance to the
    President and the Official Residence of the Vice President,'' ``Council
    on Environmental Quality and Office of Environmental Quality,'' ``Office
    of Science and Technology Policy,'' and ``Office of the United States
    Trade Representative,'' the Director of the Office of Management and
    Budget (or such other officer as the President may designate in
    writing), may, fifteen days after giving notice to the Committees on
    Appropriations of the Senate and the House of Representatives, transfer
    not to exceed ten percent of any such appropriation to any other such
    appropriation, to be merged with and available for the same time and for
    the same purposes as the appropriation to which transferred: Provided,
    That the amount of an appropriation shall not be increased by more than
    fifty percent by such transfers: Provided further, That no amount shall
    be transferred from an appropriation under the heading, ``Special
    Assistance to the President and the Official Residence of the Vice
    President,'' without the approval of the Vice President.
        Sec. 636. Human Capital Performance Fund.--(a) There is hereby
    established the Human Capital Performance Fund, to be administered by
    the Office of Personnel Management for the purpose described in
    subsection (b). An agency shall submit a plan as described in subsection
    (d) to be eligible for consideration by the Office for an allocation
    under this section. Ninety percent of amounts appropriated to the Fund
    may be allocated by the Office to the agencies on a pro rata basis. An
    allocation shall be made only upon approval by the Office of an agency's
    plan. The remainder of the amounts available under this section shall be
    allocated to agencies at the discretion of the Office.
        (b) The Office may authorize an agency to provide targeted pay
    increases to individual employees based on performance. In addition, if
    an agency demonstrates in its plan a critical staffing need or other
    factors that affect the agency's performance, the Office may authorize
    targeted pay increases.
        (c) The Office shall issue such regulations as it determines to be
    necessary to implement this section, including the administration of the
    Fund. The Office's regulations shall include criteria governing--
            (1) agency plans under subsection (d);
            (2) the allocation of monies from the Fund to agencies;
            (3) the nature, extent, duration, and adjustment of payments to
        individual employees under this section; and
            (4) the circumstances under which funds may be allocated by the
        Office to an agency in amounts below or in excess of the agency's
        pro rata share.
        (d) To be eligible for consideration by the Office for an allocation
    under this section, an agency shall--
            (1) submit a plan, subject to review and approval by the Office;

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            (2) upon approval, receive an allocation of funding from the
        Office;
            (3) make payments to individual employees in accordance with the
        agency's approved plan; and
            (4) provide such information to the Office regarding payments
        made and use of funds received under this section as the Office may
        specify.
        (e) Any payment to an employee under this section shall be part of
    the employee's basic pay for the purposes of subchapter III of chapter
    83, and chapters 84 and 87 of title 5, United States Code, and for such
    other purposes (other than chapter 75 of that title) as the Office shall
    determine by regulation.
        (f) ``Agency'' means an Executive agency under section 105 of title
    5, United States Code, but does not include the General Accounting
    Office.
        (g) Authorization of Appropriations.--Such sums as may be necessary
    are authorized to be appropriated to the Human Capital Performance Fund
    for fiscal year 2004 and thereafter.
        Sec. 637. Senior Executive Service Pay and Performance.--(a) Chapter
    53 of title 5, United States Code, is amended--
            (1) in section 5304(g)--
                (A) in paragraph (2)(A) by striking ``subparagraphs (A)-
            (E)'' and inserting ``subparagraphs (A), (D)-(E)''; and
                (B) by adding at the end a new paragraph (3) to read as
            follows:
            ``(3) The applicable maximum under this subsection shall be
        level II of the Executive Schedule for positions under subsection
        (h)(1)(B)-(C).'';
            (2)(A) by amending section 5382 to read as follows:
    ``Sec. 5382. Establishment of rates of pay for the Senior Executive
    Service
        ``Subject to regulations prescribed by the Office of Personnel
    Management, there shall be established a range of rates of basic pay for
    the Senior Executive Service, and each senior executive shall be paid at
    one of the rates within the range based on individual performance,
    contribution to the agency's performance, or both. The lowest rate of
    the range shall not be less than the minimum rate of basic pay payable
    under section 5376, and the highest rate shall not exceed the rate for
    level III of the Executive Schedule. The payment of the rates shall not
    be subject to the pay limitation of section 5306(e) or 5373.''; and
            (B) in section 5383--
                (i) in subsection (a) by striking ``which of the rates
            established under section 5382 of this title'' and inserting
            ``which of the rates within the range established under section
            5382''; and
                (ii) in subsection (c) by striking ``for any pay adjustment
            under section 5382 of this title'' and inserting ``as provided
            in regulations prescribed by the Office under section 5385''.
        (b) The amendments made by subsection (a)(2) shall not result in a
    reduction in the rate of basic pay for any senior executive during the
    first year after the effective date of this section.