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



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                   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.
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