[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] 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] 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. [611] 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. [612] 611. 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.
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Sec. [613] 612. (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] 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 [2004] 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
[2004] 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 [2004] 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 [2004] 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, [2003] 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, [2003] 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, [2003] 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] 613. 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] transmitted to 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] 614. Notwithstanding section 1346 of title 31, United
States Code, or section [610] 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. [616] 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. [617] 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. [618] 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. 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.
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(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] 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. [622] 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. 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] 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. [625] 621. (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] 622. 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] 623. Notwithstanding 31 U.S.C. 1346 and section [610] 609
of this Act, the head of each Executive department and agency is hereby
authorized to transfer to or reimburse the [``Policy and Citizen
Services''] ``Governmentwide Policy'' account, General Services
Administration, with the approval of the Director of the Office of
Management and Budget, funds made available for the current fiscal year
by this or any other Act, including rebates from charge card and other
contracts. These funds shall be administered by the Administrator of
General Services to support Government-wide financial, information
technology, procurement, and other management innovations, initiatives,
and activities, as approved by the Director of the Office of Management
and Budget, in consultation with the appropriate interagency groups
designated by the Director (including the Chief Financial Officers
Council and the Joint Financial Management Improvement Program for
financial management initiatives, the Chief Information Officers Council
for information technology initiatives, the Chief Human Capital Officers
Council for human capital initiatives, and the [Procurement Executives]
Federal Acquisition Council for procurement initiatives). The total
funds transferred or reimbursed shall not exceed $17,000,000. Such
transfers or reimbursements may only be made 15 days following
notification of the Committees on Appropriations by the Director of the
Office of Management and Budget.
[Sec. 628. None of the funds made available in this or any other Act
may be used by the Office of Personnel Management or any other
department or agency of the Federal Government to prohibit any agency
from using appropriated funds as they see fit to independently contract
with private companies to provide online employment applications and
processing services.]
Sec. [629] 624. Notwithstanding any other provision of law, a woman
may breastfeed her child at any location in a Federal building or on
Federal property, if the woman and her child are otherwise authorized to
be present at the location.
Sec. [630] 625. Nothwithstanding section 1346 of title 31, United
States Code, or section 610 of this Act, funds made available for the
current fiscal year by this or any other Act shall be available for the
interagency funding of specific projects, workshops, studies, and
similar efforts to carry out the purposes of the National Science and
Technology Council (authorized by Executive Order No. 12881), which
benefit multiple Federal departments, agencies, or entities: Provided,
That the Office of Management and Budget shall provide a report
describing the budget of and resources connected with the National
Science and Technology Council to the Committees on Appropriations, the
House Committee on Science; and the Senate Committee on Commerce,
Science, and Transportation 90 days after enactment of this Act.
Sec. [631] 626. Any request for proposals, solicitation, grant
application, form, notification, press release, or other publications
involving the distribution of Federal funds shall indicate the agency
providing the funds, the Catalog of Federal Domestic Assistance Number,
as applicable, and the amount provided. This provision shall apply to
direct payments, formula funds, and grants received by a State receiving
Federal funds.
Sec. [632] 627. 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, [2003] 2004'' and inserting ``October 1, [2004] 2005''.
Sec. [633] 628. (a) Prohibition of Federal Agency Monitoring of
[Personal Information on Use of Internet] 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 [aggregate list]
aggregation of data, 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] aggregation of data, 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;
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(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a system
security action taken by the operator of an Internet site and is
necessarily incident to the rendition of the Internet site services
or to the protection of the rights or property of the provider of
the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to implement,
interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the agency's
supervised institutions, including assessing safety and soundness,
overall financial condition, management practices and policies and
compliance with applicable standards as provided in law.
Sec. [634] 629. (a) None of the funds appropriated by this Act may
be used to enter into or renew a contract which includes a provision
providing prescription drug coverage, except where the contract also
includes a provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF Health Plans, Inc.; and
(2) any existing or future plan, if the carrier for the plan
objects to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into or
renews a contract under this section may not subject any individual to
discrimination on the basis that the individual refuses to prescribe or
otherwise provide for contraceptives because such activities would be
contrary to the individual's religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require coverage
of abortion or abortion-related services.
Sec. [635] 630. The Congress of the United States recognizes the
United States Anti-Doping Agency (USADA) as the official anti-doping
agency for Olympic, Pan American, and Paralympic sport in the United
States.
[Sec. 636. 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. 637. None of the funds made available under this or any other
Act for fiscal year 2004 shall be expended for the purchase of a product
or service offered by Federal Prison Industries, Inc. unless the agency
making such purchase determines that such offered product or service
provides the best value to the buying agency pursuant to governmentwide
procurement regulations, issued pursuant to section 25(c)(1) of the
Office of Federal Procurement Act (41 U.S.C. 421(c)(1)) that impose
procedures, standards, and limitations of section 2410n of title 10,
United States Code.]
Sec. [638] 631. 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.
[Sec. 639. Section 640(c) of the Treasury and General Government
Appropriations Act, 2000 (Public Law 106-58; 2 U.S.C. 437g note 1), as
amended by section 642 of the Treasury and General Government
Appropriations Act, 2002 (Public Law 107-67), is amended by striking
``December 31, 2003'' and inserting ``December 31, 2005''.]
[Sec. 640. (a) The adjustment in rates of basic pay for employees
under the statutory pay systems that takes effect in fiscal year 2004
under sections 5303 and 5304 of title 5, United States Code, shall be an
increase of 4.1 percent, and this adjustment shall apply to civilian
employees in the Department of Defense and the Department of Homeland
Security and such adjustments shall be effective as of the first day of
the first applicable pay period beginning on or after January 1, 2004.
(b) Notwithstanding section 613 of this Act, the adjustment in rates
of basic pay for the statutory pay systems that take place in fiscal
year 2004 under sections 5344 and 5348 of title 5, United States Code,
shall be no less than the percentage in paragraph (a) as employees in
the same location whose rates of basic pay are adjusted pursuant to the
statutory pay systems under section 5303 and 5304 of title 5, United
States Code. Prevailing rate employees at locations where there are no
employees whose pay is increased pursuant to sections 5303 and 5304 of
title 5 and prevailing rate employees described in section 5343(a)(5) of
title 5 shall be considered to be located in the pay locality designated
as ``Rest of US'' pursuant to section 5304 of title 5 for purposes of
this paragraph.
(c) Funds used to carry out this section shall be paid from
appropriations, which are made to each applicable department or agency
for salaries and expenses for fiscal year 2004.]
[Sec. 641. Section 304(a) of the Federal Election Campaign Act of
1971 (2 U.S.C. 434(a)) is amended as follows:
(1) in clauses (a)(2)(A)(i) and (a)(4)(A)(ii) by striking the
parenthetical ``(or posted by registered or certified mail no later
than the 15th day before)'' and inserting in its place, ``(or posted
by any of the following: registered mail, certified mail, priority
mail having a delivery confirmation, or express mail having a
delivery confirmation, or delivered to an overnight delivery service
with an on-line tracking system, if posted or delivered no later
than the 15th day before)''; and
(2) by striking paragraph (a)(5) and inserting the following:
``(5) If a designation, report, or statement filed pursuant to
this Act (other than under paragraph (2)(A)(i) or (4)(A)(ii) or
subsection (g)(1)) is sent by registered mail, certified mail,
priority mail having a delivery confirmation, or express mail having
a delivery confirmation, the United States postmark shall be
considered the date of filing the designation, report or statement.
If a designation, report or statement filed pursuant to this Act
(other than under paragraph (2)(A)(i) or (4)(A)(ii), or subsection
(g)(1)) is sent by an overnight delivery service with an on-line
tracking system, the date on the proof of delivery to the delivery
service shall be considered the date of filing of the designation,
report, or statement.''.]
[Sec. 642. 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. [643] 632. Notwithstanding any other provision of law, no
executive branch agency shall purchase, construct, and/or lease any
additional facilities, except within or contiguous to existing
locations, to be used for the purpose of conducting Federal law
enforcement training without the advance [approval] notification of the
Committees on Appropriations, except that the Federal Law Enforcement
Training Center is authorized to obtain the temporary use of additional
facilities by lease, contract, or other agreement for training which
cannot be accommodated in existing Center facilities.
[Sec. 644. None of the funds provided in this Act shall be used to
implement or enforce regulations for locality pay areas in fiscal year
2004 that are inconsistent with the recommendations of the Federal
Salary Council adopted on October 7, 2003.]
[Sec. 645. (a) Not later than 180 days after the enactment of this
Act, the head of each Federal agency shall submit a report to Congress
on the amount of the acquisitions made by the agency from entities that
manufacture the articles, materials, or supplies outside of the United
States in that fiscal year.
(b) The report required by subsection (a) shall separately
indicate--
(1) the dollar value of any articles, materials, or supplies
purchased that were manufactured outside of the United States;
(2) an itemized list of all waivers granted with respect to such
articles, materials, or supplies under the Buy American Act (41
U.S.C. 10a et seq.); and
[[Page 13]]
(3) a summary of the total procurement funds spent on goods
manufactured in the United States versus funds spent on goods
manufactured outside of the United States.
(c) The head of each Federal agency submitting a report under
subsection (a) shall make the report publicly available to the maximum
extent practicable.]
[Sec. 646. 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): Provided, That if
such proposed regulations are final regulations on the date of enactment
of this Act, none of the funds appropriated or made available under this
Act may be used to implement, administer, or enforce such final
regulations.]
Sec. [647] 633. [(a) Limitation on Conversion to Contractor
Performance.--None of the funds appropriated by this Act shall be
available to convert to contractor performance an activity or function
of an executive agency, that on or after the date of enactment of this
Act, is performed by more than ten federal employees unless--
(1) the conversion is based on the result of a public-private
competition plan that includes a most efficient and cost effective
organization plan developed by such activity or function; and
(2) the Competitive Sourcing Official considers, as part of the
cost or price evaluation, whether over all performance periods
stated in the solicitation of offers for performance of the activity
or function, the cost of performance of the activity or function by
a contractor would be less costly to the executive agency by an
amount that equals or exceeds the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity or
function by Federal employees; or
(B) $10,000,000.
(b) Not later than 120 days following the enactment of this Act and
not later than December 31 of each year thereafter, the head of each
executive agency shall submit to Congress a report on the competitive
sourcing activities on the list required under the Federal Activities
Inventory Reform Act of 1998 (Public Law 105-270; 31 U.S.C. 501 note)
that were performed for such executive agency during the previous fiscal
year by Federal Government sources. The report shall include--
(1) the total number of competitions completed;
(2) the total number of competitions announced, together with a
list of the activities covered by such competitions;
(3) the total number (expressed as a full-time employee
equivalent number) of the Federal employees studied under completed
competitions;
(4) the total number (expressed as a full-time employee
equivalent number) of the Federal employees that are being studied
under competitions announced but not completed;
(5) the incremental cost directly attributable to conducting the
competitions identified under paragraphs (1) and (2), including
costs attributable to paying outside consultants and contractors;
(6) an estimate of the total anticipated savings, or a
quantifiable description of improvements in service or performance,
derived from completed competitions;
(7) actual savings, or a quantifiable description of
improvements in service or performance, derived from the
implementation of competitions completed after May 29, 2003;
(8) the total projected number (expressed as a full-time
employee equivalent number) of the Federal employees that are to be
covered by competitions scheduled to be announced in the fiscal year
covered by the next report required under this section; and
(9) a general description of how the competitive sourcing
decisionmaking processes of the executive agency are aligned with
the strategic workforce plan of that executive agency.
(c)] (a) The head of an executive agency may not be required, under
Office of Management and Budget Circular A-76 or any other policy,
directive, or regulation, to automatically limit to 5 years or less the
performance period in a letter of obligation, or other agreement, issued
to executive agency employees, if such a letter or other agreement was
issued as the result of a public-private competition conducted in
accordance with the circular.
[(d)] (b) Hereafter, the head of an executive agency may expend
funds appropriated or otherwise made available for any purpose to the
executive agency under this or any other Act to monitor (in the
administration of responsibilities under Office of Management and Budget
Circular A-76 or any related policy, directive, or regulation) the
performance of an activity or function of the executive agency that has
previously been subjected to a public-private competition under such
circular.
[(e) An activity or function of an executive agency that is
converted to contractor performance under Office of Management and
Budget Circular A-76 may not be performed by the contractor at a
location outside the United States except to the extent that such
activity or function was previously performed by Federal Government
employees outside the United States.]
[(f)] (c) In this section, the term ``executive agency'' has the
meaning given such term in section 4 of the Office of Federal
Procurement Policy Act (41 U.S.C. 403).
[Sec. 648. Notwithstanding section 1346 of title 31, United States
Code, and section 610 of this Act, the head of each executive department
and agency shall transfer to or reimburse the Federal Aviation
Administration, with the approval of the Director of the Office of
Management and Budget, funds made available by this or any other Act for
the purposes described below, and shall submit budget requests for such
purposes. These funds shall be administered by the Federal Aviation
Administration as approved by the Director of the Office of Management
and Budget, in consultation with the appropriate interagency groups
designated by the Director to ensure the operation of the Midway Atoll
Airfield by the Federal Aviation Administration pursuant to an
operational agreement with the Department of the Interior. The total
funds transferred or reimbursed shall not exceed $6,000,000 and shall
not be available for activities other than the operation of the
airfield. The Director of the Office of Management and Budget shall
notify the Committees on Appropriations of such transfers or
reimbursements within 15 days of this Act. Such transfers or
reimbursements shall begin within 30 days of enactment of this Act.]
Sec. 634. 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. 635. Upon enactment of this Act, section 754 of the Tariff Act
of 1930 (19 U.S.C. 1675c) is repealed, provided that duties assessed and
liquidated on or before September 30, 2003 pursuant to such section
shall be distributed as provided in that section. The Commissioner of
the Bureau of Customs and Border Protection shall deposit into the
miscellaneous receipts of the Treasury all antidumping or countervailing
duties (including interest earned on such duties) that are liquidated on
or after October 1, 2003 under the antidumpting orders or findings of
the countervailing duty orders.
Sec. 636. Section 3716 of title 31, U.S.C., is amended by amending
subsection (e) to read as follows:
``(e)(1) Notwithstanding any other provision of law (including 42
U.S.C. 407 and 1383(d)(1), 30 U.S.C. 923(b), and 45 U.S.C. 231(m),
regulation, or administrative limitation, no limitation shall terminate
the period within which an offset may be initiated or taken pursuant to
this sectijon.
``(2) This section does not apply when a statute explicitly
prohibits using administrative offset or setoff to collect the claim or
type of claim involved.''.
Sec. 637. Section 653(j) of title 42, U.S.C., is amended by adding
at the end the following new paragraph:
``(7) Information Comparisons and Disclosure to Assist in
Federal Debt Collection
[[Page 14]]
``(A) Furnishing of information by the Secretary of the
Treasury.--The Secretary of the Treasury shall furnish to the
Secretary, on such periodic basis as determined by the Secretary
of the Treasury in consultation with the Secretary, information
in the custody of the Secretary of the Treasury for comparison
with information in the National Directory of New Hires, in
order to obtain information in such Directory with respect to
persons--
``(i) who owe delinquent nontax debt to the United
States; and
(ii) whose debt has been referred to the Secretary of
the Treasury in accordance with 31 U.S.C. 3711(g).
``(B) Requirement to seek minimum information.--The
Secretary of the Treasury shall seek information pursuant to
this section only to the extent necessary to improve collection
of the debt described in subparagraph (A).
``(C) Duties of the Secretary.--
``(i) Information disclosure.--The Secretary, in
cooperation with the Secretary of the Treasury, shall
compare information in the National Directory of New Hires
with information provided by the Secretary of the Treasury
with respect to persons described in subparagraph (A) and
shall disclose information in such Directory regarding such
persons to the Secretary of the Treasury in accordance with
this paragraph, for the purposes specified in this
paragraph. Such comparison of information shall not be
considered a matching program as defined in 5 U.S.C. 552a.
``(ii) Condition on disclosure.--The Secretary shall
make disclosures in accordance with clause (i) only to the
extent that the Secretary determines that such disclosures
do not interfere with the effective operation of the program
under this part. Support collection under section 466(b) of
this title shall be given priority over collection of any
delinquent federal nontax debt against the same income.
``(D) Use of information by the Secretary of the Treasury.--
The Secretary of the Treasury may use information provided under
this paragraph only for purposes of collecting the debt
described in subparagraph (A).
``(E) Disclosure of information by the Secretary of the
Treasury.--
``(i) Purpose of disclosure.--The Secretary of the
Treasury may make a disclosure under this subparagraph only
for purposes of collecting the debt described in
subparagraph (A).
``(ii) Disclosures permitted.--Subject to clauses (iii)
and (iv), the Secretary of the Treasury may disclose
information resulting from a data match pursuant to this
paragraph only to the Attorney General in connection with
collecting the debt described in subparagraph (A).
``(iii) Conditions on disclosure.--Disclosures under
this subparagraph shall be--
``(I) made in accordance with data security and control
policies established by the Secretary of the Treasury and
approved by the Secretary;
``(II) subject to audit in a manner satisfactory to the
Secretary; and
``(III) subject to the sanctions under subsection (l)(2).
``(iv) Additional disclosures.--
``(I) Determination by secretaries.--The Secretary of the
Treasury and the Secretary shall determine whether to permit
disclosure of information under this paragraph to persons or
entities described in subclause (II), based on an evaluation
made by the Secretary of the Treasury (in consultation with and
approved by the Secretary), of the costs and benefits of such
disclosures and the adequacy of measures used to safeguard the
security and confidentiality of information so disclosed.
``(II) Permitted persons or entities.--If the Secretary of
the Treasury and the Secretary determine pursuant to subclause
(I) that disclosures to additional persons or entities shall be
permitted, information under this paragraph may be disclosed by
the Secretary of the Treasury, in connection with collecting the
debt described in subparagraph (A), to a contractor or agent of
either Secretary and to the Federal agency that referred such
debt to the Secretary of the Treasury for collection, subject to
the conditions in clause (iii) and such additional conditions as
agreed to by the Secretaries.
``(v) Restrictions on redisclosure.--A person or entity
to which information is disclosed under this subparagraph
may use or disclose such information only as needed for
collecting the debt described in subparagraph (A), subject
to the conditions in clause (iii) and such additional
conditions as agreed to by the Secretaries.
``(F) Reimbursement of hhs costs.--The Secretary of the
Treasury shall reimburse the Secretary, in accordance with
subsection (k)(3), for the costs incurred by the Secretary in
furnishing the information requested under this paragraph. Any
such costs paid by the Secretary of the Treasury shall be
considered costs of implementing 31 U.S.C. 3711(g) in accordance
with 31 U.S.C. 3711(g)(6) and may be paid from the account
established pursuant to 31 U.S.C. 3711(g)(7).''.
Sec. 638. (a) In General.--Section 6402 of title 26, U.S.C., is
amended by redesignating subsections (f) through (k) as subsections (g)
through (l), respectively, and by inserting after subsection (e) the
following new subsection:
``(f) Collection of past-due, legally enforceable State unemployment
compensation debts.
``(1) In general.--Upon receiving notice from any State that a
person owes a past-due, legally enforceable State unemployment
compensation debt to such State, the Secretary shall, under such
conditions as may be prescribed by the Secretary--
``(A) reduce the amount of any overpayment payable to such
person by the amount of such unemployment compensation debt;
``(B) pay the amount by which such overpayment is reduced
under subparagraph (A) to such State and notify such State of
such person's name, taxpayer identification number, address, and
the amount collected; and
``(C) notify the person making such overpayment that the
overpayment has been reduced by an amount necessary to satisfy a
past-due, legally enforceable State unemployment compensation
debt. If an offset is made pursuant to a joint return, the
notice under subparagraph (B) shall include the names, taxpayer
identification numbers, and addresses of each person filing such
return.
``(2) Priorities for offset.--Any overpayment by a person shall
be reduced pursuant to this subsection--
``(A) after such overpayment is reduced pursuant to--
``(i) subsection (a) with respect to any liability for
any internal revenue tax on the part of the person who made
the overpayment;
``(ii) subsection (c) with respect to past-due support;
``(iii) subsection (d) with respect to any past-due,
legally enforceable debt owed to a Federal agency; and
``(B) before such overpayment is credited to the future
liability for any Federal internal revenue tax of such person
pursuant to subsection (b). If the Secretary receives notice
from a State or States of more than one debt subject to
paragraph (1) Pand/or subsection (e) that is owed by a person to
such State or States, any overpayment by such person shall be
applied against such debts in the order in which such debts
accrued.
``(3) Notice; consideration of evidence.--No State may take action
under this subsection until such State--
``(A) notifies the person owing the past-due legally
enforceable State unemployment compensation debt that the State
proposes to take action pursuant to this section;
``(B) gives such person at least 60 days to present evidence
that all or part of such liability is not past-due or not
legally enforceable;
``(C) considers any evidence presented by such person and
determines that an amount of such debt is past-due and legally
enforceable; and
``(D) satisfies such other conditions as the Secretary may
prescribe to ensure that the determination made under
subparagraph (C) is valid and that the State has made reasonable
efforts to obtain payment of such unemployment compensation
debt.
``(4) Past-due, legally enforceable State unemployment
compensation debt.--For purposes of this subsection, the term
``past-due, legally enforceable State unemployment compensation
debt'' means overpayments of unemployment compensation assessed
under the law of a State certified by the Secretary of Labor
pursuant to section 3304 of the Internal Revenue Code, which have
become final under State law and remain uncollected.
``(5) Regulations.--The Secretary shall issue regulations
prescribing the time and manner in which States must submit notices
of past-due, legally enforceable State unemployment compensation
debt and the necessary information that must be contained in or
accompany such notices. The regulations shall specify the minimum
amount of debt to which the reduction procedure established by
[[Page 15]]
paragraph (1) may be applied. The regulations may require States to
pay a fee to the Secretary, which may be deducted from amounts
collected, to reimburse the Secretary for the cost of applying such
procedure. Any fee paid to the Secretary pursuant to the preceding
sentence shall be used to reimburse appropriations which bore all or
part of the cost of applying such procedure. The regulations may
include a requirement that States submit notices of past-due,
legally enforceable State unemployment compensation debt to the
Secretary via the Secretary of Labor in accordance with procedures
established by the Secretary of Labor. Such procedures may require
States to pay a fee to the Secretary of Labor to reimburse the
Secretary of Labor for the costs of applying this subsection. Any
such fee shall be established in consultation with the Secretary of
the Treasury. Any fee paid to the Secretary of Labor may be deducted
from amounts collected and shall be used to reimburse the
appropriation account which bore all or part of the cost of applying
this subsection.
``(6) Erroneous payment to State.--Any State receiving notice
from the Secretary that an erroneous payment has been made to such
State under paragraph (1) shall pay promptly to the Secretary, in
accordance with such regulations as the Secretary may prescribe, an
amount equal to the amount of such erroneous payment (without regard
to whether any other amounts payable to such State under such
paragraph have been paid to such State).''.
(b) Disclosure of certain information to States requesting refund
offsets for past-due legally enforceable State unemployment compensation
debt.
(1) Paragraph (10) of section 6103(l) is amended by striking
``(c), (d), or (e)'' each place it appears and inserting ``(c), (d),
(e) or (f).''
(2) Paragraph (10)(A) of section 6103(l) is amended by inserting
``and to officers and employees of the Department of Labor in
connection with a reduction under subsection (f) of section 6402''
after the words ``section 6402''.
(3) The heading of paragraph (10) is amended by striking
``subsection (c), (d), or (e) of section 6402 and inserting
``subsection (c), (d), (e) or (f) of section 6402.''.
(c) Conforming amendments.--
(1) Subsection (a) of section 6402 is amended by striking ``(c),
(d), and (e),'' and inserting ``(c), (d), (e) and (f)''.
(2) Paragraph (2) of section 6402(d) is amended by striking
``and before such overpayment is reduced pursuant to subsection
(e)'' and inserting ``and before such overpayment is reduced
pursuant to subsections (e) and (f)''.
(3) Subsection (g) of section 6402, as redesignated by
subsection (a), is amended by striking ``(c), (d) or (e)'' and
inserting ``(c), (d), (e) or (f)''.
(4) Subsection (i) of section 6402, as redesignated by
subsection (a), is amended by striking ``subsection (c) or (e)'' and
inserting ``subsection (c), (e) or (f)''.
(d) Effective date.--The amendments made by this section shall be
effective as to refunds payable under section 6402 of the Internal
Revenue Code on or after the date of enactment. (Division F, H.R. 2673
Consolidated Appropriations Bill, FY 2004.)
[Sec. 167. Notwithstanding any other provision of law, in addition
to amounts otherwise provided in this or any other Act for fiscal year
2004, $55,000,000 is appropriated, to be available until expended, to be
distributed as follows: for Department of Energy, Energy Programs,
``Energy Supply'', $12,400,000 for expenses related to the purchase,
construction, operation of facilities, and acquisition of plant and
capital equipment for facilities that produce fuels from agricultural
and animal wastes, to the Society for Energy and Environmental Research,
a not-for-profit energy research and development institution, to
administer the program; for Department of Transportation, Federal
Aviation Administration, ``Grants-in-aid for airports'', $2,000,000 for
the extension of a runway at Fort Worth Alliance Airport, Fort Worth,
Texas; for Department of Transportation, Federal Highway Administration,
$1,000,000, for Rock County Road, Janesville, Wisconsin; for Department
of Transportation, Federal Highway Administration, $2,500,000, for
improvements to I-75 in Lee County, Florida; for Department of Veterans
Affairs, Departmental Administration, ``Construction; major projects'',
$500,000 for the preliminary planning of a new ambulatory clinic at the
Defense Supply Center, Columbus in Columbus, Ohio; for ``Small Business
Administration, Salaries and Expenses'', $500,000, to be available for a
grant to the University of Wisconsin-Green Bay to establish a paper
science technology transfer center; for ``Funds Appropriated to the
President, Bilateral Economic Assistance, Independent States of the
Former Soviet Union'', $1,000,000, for the National Program of Action
for the Protection of the Arctic Marine Environment; for ``Army Corps of
Engineers, Construction, General'', $1,000,000 for the Stockton
Metropolitan Flood Control Reimbursement, California, project; for
``Army Corps of Engineers, Construction, General'', $1,000,000 for the
San Timoteo Creek element of the Santa Ana River Mainstem, California,
project; for ``Army Corps of Engineers, Construction, General'',
$2,000,000; for the Florida Keys Water Quality Improvements, Florida,
project; for ``Army Corps of Engineers, Construction, General'',
$1,500,000, for the Southern West Virginia Environmental Infrastructure,
West Virginia, project; for ``Department of Energy, Science'',
$2,000,000 for the Western Michigan University Nanotechnology Research
and Computation Center; for Department of Energy, Energy Programs,
``Energy Supply'', $2,500,000 for the Enterprise Center in Chattanooga,
Tennessee, for the Chattanooga Fuel Cell Demonstration Project; for
``Environmental Protection Agency, State and tribal assistance grants'',
for grants to address drinking water and waste water infrastructure,
$2,000,000 for the Wyoming Valley Sanitation Authority, Pennsylvania for
combined sewer overflow infrastructure improvements; for ``Environmental
Protection Agency, State and tribal assistance grants'', for grants to
address drinking water and waste water infrastructure, $1,000,000 to the
Saratoga Water Committee in Saratoga County, New York for construction
of a drinking water transport pipeline; for ``Centers for Disease
Control and Prevention, Disease Control, Research, and Training'',
$1,000,000, for a grant to the Center for Emerging Biological Threats at
Emory University, Atlanta, Georgia; for ``Department of Education,
Higher Education'', $500,000, for a grant to Santa Clara University in
Santa Clara, California for technology infrastructure upgrades, campus-
wide network infrastructure enhancements and equipment; for ``Department
of Housing and Urban Development, Community Development Fund'',
$600,000, for a grant to Shelter from the Storm, Incorporated in Palm
Desert, California for facilities renovations and improvements; for
Department of Labor, Employment and Training Administration, $500,000,
for the Labor Institute for Training, Inc., Indianapolis, Indiana;
Department of Labor, Employment and Training Administration, $250,000,
for the Institute for Labor Studies and Research, Cranston, RI, for
Learning on the Roll; For Department of Health and Human Services,
Health Resources and Services Administration, $200,000, for St. Luke's
Episcopal Hospital, Houston, TX, facilities and equipment; For
Department of Health and Human Services, Centers for Disease Control and
Prevention, $200,000, for the University of Texas M.D. Anderson Cancer
Center, Houston, TX, for a comprehensive cancer control program to
address the needs of minority and medically underserved populations; For
Department of Health and Human Services, Health Resources and Services
Administration, $300,000, for the Long Island Cancer Center, State
University of New York at Stony Brook, for facilities and equipment; For
Department of Health and Human Services, Health Resources and Services
Administration, $500,000 for the Iowa Health Foundation in Des Moines,
Iowa for a demonstration project to improve dental care in underserved
rural areas; For Department of Health and Human Services, Health
Resources and Services Administration, $500,000, for the Cumberland
Medical Center in Crossville, Tennessee for facilities and equipment;
For Department of Health and Human Services, Centers for Disease Control
and Prevention, $250,000 for the New Haven Public Schools in New Haven,
Connecticut for the PE4LIFE program to promote and improve physical
education, in cooperation with Yale University; For Department of Health
and Human Services, Health Resources and Services Administration,
$250,000, for Quinnipiac University in Hamden, Connecticut for health-
related academic facilities and equipment; For Department of Health and
Human Services, Health Resources and Services Administration, $365,000,
for the University of Michigan Health Systems in Ann Arbor, Michigan for
facilities and equipment; For Department of Health and Human Services,
Administration on Aging, $500,000, for the Jewish Family & Children's
Center of Greater Boston for Naturally Occurring Retirement Communities
project; For Department of Health and Human Services, Centers for
Disease Control and Prevention, $100,000, for the Marion County Health
Department in Salem, Oregon for a project to improve collection,
analysis and dissemination of data on infectious diseases; For
Department of Health and Human Services, Health Resources and Services
Administration, $400,000, for the Tillamook Lightwave in Tillamook,
Oregon for a fiber optic link between Tillamook County Hospital and the
Oregon Health Sciences University; For Department of Health and Human
Services, Centers for Disease Control and Prevention, $300,000, for the
Access Community Health Network in Chicago, Illinois for programs
related to prevention and control of chronic
[[Page 16]]
diseases; For Department of Health and Human Services, Health Resources
and Services Administration, $200,000, for the Northwestern Memorial
Hospital in Chicago, Illinois for facilities and equipment; For
Department of Health and Human Services, Health Resources and Services
Administration, $200,000, for the Illinois Primary Health Care
Association, for implementation of the Shared Integrated Management
Information System; For Department of Health and Human Services, Health
Resources and Services Administration, $250,000, for Family Resources
Community Action in Woonsocket, Rhode Island for outreach and supportive
services for persons with HIV/AIDS; For Department of Health and Human
Services, Health Resources and Services Administration, $250,000, for
St. Joseph Hospital/PeaceHealth in Bellingham, WA, on behalf of the
Whatcom Community Health Improvement Consortium, to implement a model
for improving care for patients with chronic diseases and increasing
access and efficiency of services; For Department of Health and Human
Services, Health Resources and Services Administration, $150,000, for
the Children's Rehabilitation Center in White Plains, New York, for
facilities and equipment; For Department of Health and Human Services,
Health Resources and Services Administration, $60,000, for the Telfair
Regional Hospital in McRae, Georgia for facilities and equipment; For
Department of Health and Human Services, Health Resources and Services
Administration, $65,000, for the Candler County Hospital in Metter,
Georgia for facilities and equipment; For Department of Health and Human
Services, Administration for Children and Families, $500,000 for The
Boys & Girls Club of Greater Kansas City, Kansas City, MO, for the
Heathwood Youth and Families Community Center; For Department of Health
and Human Services, Health Resources and Services Administration,
$200,000, for the Boston Medical Center in Boston, Massachusetts for
facilities and equipment; For Department of Health and Human Services,
Health Resources and Services Administration, $500,000, for the
University of North Dakota School of Medicine and Health Sciences, for
its rural health program in preventive medicine and behavioral sciences;
For Department of Health and Human Services, Health Resources and
Services Administration, $900,000, for the California Hospital Medical
Center in Los Angeles, California for facilities and equipment; For
Department of Health and Human Services, Health Resources and Services
Administration, $500,000, for the City of Abilene, Texas, Abilene-Taylor
County Public Health District, for facilities and equipment; For
Department of Health and Human Services, Health Resources and Services
Administration, $400,000, for the Houston County Hospital, Crockett, TX,
for facilities and equipment; for Department of Education, $200,000, for
the University of Hawaii, West Oahu campus, HI, to produce the ``Primal
Quest'' film documentary; for Department of Education, $500,000, for the
Union Parish School District, Farmerville, LA, to implement an online
assessment and interactive instructional program; for Department of
Education, $200,000, for the Middle Country School District, NY, to
establish a math, science and technology lab at Oxhead Road Elementary
School in Centereach, NY; for Department of Education, $500,000, for the
Florida Campus Compact, Tallahassee, FL, to enhance service-learning on
college campuses throughout Florida; for Department of Education,
$340,000, for Southern Connecticut State University, New Haven, CT, to
expand nursing education recruitment, diversity and training programs,
in collaboration with Gateway Community College; for Department of
Education, $60,000, for Gateway Community College, New Haven, CT, to
enhance educational media and technology; for Department of Education,
$100,000, for Project Georgetown, Georgetown, TX, for an after-school
program; for Department of Education, $200,000, for Communities in
Schools-Bell-Coryell Counties, Inc., Killeen, TX, for educational
services for at-risk youth; for Department of Education, $200,000, for
Communities in Schools-Central Texas, Inc., Austin, TX, for educational
services for at-risk youth; for Department of Education, $325,000; for
Harrisburg Polytechnic Institute, Harrisburg, PA, for a K-16 curriculum,
equipment, internships and enrichment activities for high school
students; for Department of Education, $175,000, for Lehigh Carbon
Community College, Tamaqua, PA, for equipment and technology upgrades,
and for curricula; for Department of Education, $200,000, for Chicago
State University, Chicago IL, to establish a school of pharmacy,
including equipment; for Department of Education, $500,000, for Marywood
University, Scranton, PA, to establish a Center for Assistive
Technology; for Department of Education, $400,000, for the Boys & Girls
Club of Pawtucket, RI, for academic and literacy, character education,
career preparation, and enrichment activities for youth; for Department
of Education, $250,000, for Whatcom Community College, Bellingham, WA,
to establish a center for training in border security; for Department of
Education, $400,000, for Westchester Community College, NY, for
personnel, equipment and other programmatic expenses for The New Center;
for Department of Education, $50,000, for the Marymount Institute for
the Education of Women and Girls of Marymount College of Fordham
University, Tarrytown, NY, for a mentoring project to enhance the
academic and social development of Latina girls at Sleepy Hollow Middle
School; for Department of Education, $500,000, for Northern Kentucky
University, Highland Heights, KY, for the Urban Learning Center to
expand access to postsecondary education; for Department of Education,
$500,000, for Iron County School District, Cedar City, UT, for a student
achievement management information system; for Department of Education,
$200,000, for Western Maine Technical College, South Paris, ME, for
education programs and marketing activities; for Department of
Education, $275,000, for the YMCA of the Triangle Area, Raleigh, NC, for
youth mentoring, character education and leadership activities; for
Department of Education, $325,000, for Communities in Schools of
Northeast Texas, Inc., Pflugerville, TX, for educational services for
at-risk students; for the Institute of Museum and Library Services,
$300,000, for The Hudson River Museum, Yonkers, NY, for the ``Hudson
River Access'' science education project; for the Institute of Museum
and Library Services, $375,000, for the Tubman African American Museum,
Macon, GA for exhibits, education programs and outreach activities; for
the Institute of Museum and Library Services, $300,000, for the Maine
Discovery Museum, Bangor, ME, for exhibits and education programs; for
the Institute of Museum and Library Services, $225,000, for the North
Carolina State Museum of Natural Sciences, Raleigh, NC, to develop
exhibits and education programs; for the Department of Housing and Urban
Development, ``Community Development Fund'', Economic Development
Initiative program, for carrying out targeted economic investments,
$3,010,000, to be allocated in the amounts and under the terms and
conditions specified on pages 33 through 60 of House Report 108-235 for
projects numbered 35, 52, 60, 61, 174, 175, 177, 181, 195, 223, 250,
265, 297, 333, 408, 409, 410, 421, 438, 439, 441, 496, 509, 574, and
583; and for the Environmental Protection Agency, ``State and Tribal
Assistance Grants'' to local communities for repair, replacement or
upgrading of their drinking water, wastewater or storm water
infrastructure or for water quality protection activities, $600,000, to
be allocated under the terms and conditions specified on pages 111
through 127 of House Report 108-235 for projects numbered 121 and 226.]
[Sec. 168 (a) Rescissions.--From unobligated balances of amounts
made available in Public Law 107-38, and in Public Law 107-117, and in
appropriations Acts for the Department of Defense, $1,800,000,000 is
hereby rescinded: Provided, That the Director of the Office of
Management and Budget, after consultation with the Committees on
Appropriations of the House and Senate and the Secretary of Defense,
shall determine the amounts to be rescinded from each account that is to
be so reduced: Provided further, That the rescissions shall take effect
no later than September 30, 2004: Provided further, That the Director of
the Office of Management and Budget shall notify the Committees on
Appropriations of the House and Senate 30 days prior to rescinding such
amounts: Provided further, That such notification shall include the
accounts, programs, projects and activities from which the funds will be
rescinded: Provided further, That this section shall not apply to any
amounts appropriated or otherwise made available by the seventh proviso
under the heading ``Emergency Response Fund'' in Public Law 107-38.
(b) Across-the-Board Rescissions.--There is hereby rescinded an
amount equal to 0.59 percent of--
(1) the budget authority provided (or obligation limitation
imposed) for fiscal year 2004 for any discretionary account in
divisions A through H of this Act and in any other fiscal year 2004
appropriation Act (except any fiscal year 2004 supplemental
appropriation Act, the Department of Defense Appropriations Act,
2004, or the Military Construction Appropriations Act, 2004);
(2) the budget authority provided in any advance appropriation
for fiscal year 2004 for any discretionary account in any prior
fiscal year appropriation Act; and
(3) the contract authority provided in fiscal year 2004 for any
program subject to limitation contained in any division or
appropriation Act subject to paragraph (1).
(c) Proportionate Application.--Any rescission made by subsection
(b) shall be applied proportionately--
[[Page 17]]
(1) to each discretionary account and each item of budget
authority described in such subsection; and
(2) within each such account and item, to each program, project,
and activity (with programs, projects, and activities as delineated
in the appropriation Act or accompanying reports for the relevant
fiscal year covering such account or item, or for accounts and items
not included in appropriation Acts, as delineated in the most
recently submitted President's budget).
(d) OMB Report.--Within 30 days after the date of the enactment of
this section the Director of the Office of Management and Budget shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate a report specifying the account and
amount of each rescission made pursuant to subsection (b).] (Division H,
H.R. 2673, Consolidated Appropriations Bill, FY 2004.)