[Congressional Record (Bound Edition), Volume 149 (2003), Part 19]
[Senate]
[Pages 25818-25838]
[From the U.S. Government Publishing Office, www.gpo.gov]




TRANSPORTATION, TREASURY, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 
                                  2004

  On Thursday, October 23, 2003, the Senate passed H.R. 2989, as 
follows:

                               H.R. 2989

       Resolved, That the bill from the House of Representatives 
     (H.R. 2989) entitled ``An Act making appropriations for the 
     Departments of Transportation and Treasury, and independent 
     agencies for the fiscal year ending September 30, 2004, and 
     for other purposes.'', do pass with the following amendments:

       Strike out all after the enacting clause and insert:

     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the Departments 
     of Transportation and Treasury, the Executive Office of the 
     President, and certain independent agencies for the fiscal 
     year ending September 30, 2004, and for other purposes, 
     namely:

                                TITLE I

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary


                         Salaries and Expenses

       For necessary expenses of the Office of the Secretary, 
     $91,276,000, of which not to exceed $2,500,000 shall be 
     available for the immediate Office of the Secretary; not to 
     exceed $706,000 shall be available for the immediate Office 
     of the Deputy Secretary; not to exceed $15,403,000 shall be 
     available for the Office of the General Counsel; not to 
     exceed $12,312,000 shall be available for the Office of the 
     Under Secretary of Transportation for Policy; not to exceed 
     $8,536,000 shall be available for the Office of the Assistant 
     Secretary for Budget and Programs; not to exceed $2,477,000 
     shall be available for the Office of the Assistant Secretary 
     for Governmental Affairs; not to exceed $28,882,000 shall be 
     available for the Office of the Assistant Secretary for 
     Administration; not to exceed $1,915,000 shall be available 
     for the Office of Public Affairs; not to exceed $1,458,000 
     shall be available for the Office of the Executive 
     Secretariat; not to exceed $700,000 shall be available for 
     the Board of Contract Appeals; not to exceed $1,268,000 shall 
     be available for the Office of Small and Disadvantaged 
     Business Utilization; not to exceed $1,792,000 for the Office 
     of Intelligence and Security; and not to exceed $13,327,000 
     shall be available for the Office of the Chief Information 
     Officer: Provided, That the Secretary of Transportation is 
     authorized to transfer funds appropriated for any office of 
     the Office of the Secretary to any other office of the Office 
     of the Secretary: Provided further, That no appropriation for 
     any office shall be increased or decreased by more than 5 
     percent by all such transfers: Provided further, That any 
     change in funding greater than 5 percent shall be submitted 
     for approval to the House and Senate Committees on 
     Appropriations: Provided further, That not to exceed $60,000 
     shall be for allocation within the Department for official 
     reception and representation expenses as the Secretary may 
     determine: Provided further, That notwithstanding any other 
     provision of law, excluding fees authorized in Public Law 
     107-71, there may be credited to this appropriation up to 
     $2,500,000 in funds received in user fees: Provided further, 
     That none of the funds provided in this Act shall be 
     available for the position of Assistant Secretary for Public 
     Affairs.


                         Office of Civil Rights

       For necessary expenses of the Office of Civil Rights, 
     $8,569,000.


           Transportation Planning, Research, and Development

       For necessary expenses for conducting transportation 
     planning, research, systems development, development 
     activities, and making grants, to remain available until 
     expended, $15,836,000.


                          Working Capital Fund

       Necessary expenses for operating costs and capital outlays 
     of the Working Capital Fund, not to exceed $116,715,000, 
     shall be paid from appropriations made available to the 
     Department of Transportation: Provided, That such services 
     shall be provided on a competitive basis to entities within 
     the Department of Transportation: Provided further, That the 
     above limitation on operating expenses shall not apply to 
     non-DOT entities: Provided further, That no funds 
     appropriated in this Act to an agency of the Department shall 
     be transferred to the Working Capital Fund without the 
     approval of the agency modal administrator: Provided further, 
     That no assessments may be levied against any program, budget 
     activity, subactivity or project funded by this Act unless 
     notice of such assessments and the basis therefor are 
     presented to the House and Senate Committees on 
     Appropriations and are approved by such Committees.


               Minority Business Resource Center Program

       For the cost of guaranteed loans, $500,000, as authorized 
     by 49 U.S.C. 332: Provided, That such costs, including the 
     cost of modifying such loans, shall be as defined in section 
     502 of the Congressional Budget Act of 1974: Provided 
     further, That these funds are available to subsidize total 
     loan principal, any part of which is to be guaranteed, not to 
     exceed $18,367,000. In addition, for administrative expenses 
     to carry out the guaranteed loan program, $400,000.


                       Minority Business Outreach

       For necessary expenses of Minority Business Resource Center 
     outreach activities, $3,000,000, to remain available until 
     September 30, 2005: Provided, That notwithstanding 49 U.S.C. 
     332, these funds may be used for business opportunities 
     related to any mode of transportation.


                        Payments to Air Carriers

                    (Airport and Airway Trust Fund)

       In addition to funds made available from any other source 
     to carry out the essential air service program under 49 
     U.S.C. 41731 through 41742, $52,000,000, to be derived from 
     the Airport and Airway Trust Fund, to remain available until 
     expended.

                    Federal Aviation Administration


                               Operations

       For necessary expenses of the Federal Aviation 
     Administration, not otherwise provided for, including 
     operations and research activities related to commercial 
     space transportation, administrative expenses for research 
     and development, establishment of air navigation facilities, 
     the operation (including leasing) and maintenance of 
     aircraft, subsidizing the cost of aeronautical charts and 
     maps sold to the public, lease or purchase of passenger motor 
     vehicles for replacement only, in addition to amounts made 
     available by Public Law 104-264, $7,535,648,000, of which 
     $6,000,000,000 shall be derived from the Airport and Airway 
     Trust Fund, of which not to exceed $6,047,300,000 shall be 
     available for air traffic services program activities; not to 
     exceed $873,374,000 shall be available for aviation 
     regulation and certification program activities; not to 
     exceed $218,481,000 shall be available for research and 
     acquisition program activities; not to exceed $12,601,000 
     shall be available for commercial space transportation 
     program activities; not to exceed $49,783,000 shall be 
     available for financial services program activities; not to 
     exceed $77,029,000 shall be available for human resources 
     program activities; not to exceed $84,749,000 shall be 
     available for regional coordination program activities; not 
     to exceed $142,650,000 shall be available for staff offices; 
     and not to exceed $29,681,000 shall be available for 
     information services: Provided, That none of the funds in 
     this Act shall be available for the Federal Aviation 
     Administration to finalize or implement any regulation that 
     would promulgate new aviation user fees not specifically 
     authorized by law after the date of the enactment of this 
     Act: Provided further, That there may be credited to this 
     appropriation funds received from States, counties, 
     municipalities, foreign authorities, other public 
     authorities, and private sources, for expenses incurred in 
     the provision of agency services, including receipts for the

[[Page 25819]]

     maintenance and operation of air navigation facilities, and 
     for issuance, renewal or modification of certificates, 
     including airman, aircraft, and repair station certificates, 
     or for tests related thereto, or for processing major repair 
     or alteration forms: Provided further, That of the funds 
     appropriated under this heading, not less than $6,500,000 
     shall be for the contract tower cost-sharing program: 
     Provided further, That funds may be used to enter into a 
     grant agreement with a nonprofit standard-setting 
     organization to assist in the development of aviation safety 
     standards: Provided further, That none of the funds in this 
     Act shall be available for new applicants for the second 
     career training program: Provided further, That none of the 
     funds in this Act shall be available for paying premium pay 
     under 5 U.S.C. 5546(a) to any Federal Aviation Administration 
     employee unless such employee actually performed work during 
     the time corresponding to such premium pay: Provided further, 
     That none of the funds in this Act may be obligated or 
     expended to operate a manned auxiliary flight service station 
     in the contiguous United States: Provided further, That none 
     of the funds in this Act for aeronautical charting and 
     cartography are available for activities conducted by, or 
     coordinated through, the Working Capital Fund: Provided 
     further, That of the amount appropriated under this heading, 
     not to exceed $50,000 may be transferred to the Aircraft Loan 
     Purchase Guarantee Program.


                        Facilities and Equipment

                    (airport and airway trust fund)

       For necessary expenses, not otherwise provided for, for 
     acquisition, establishment, technical support services, 
     improvement by contract or purchase, hire of air navigation 
     and experimental facilities and equipment and other capital 
     facilities and equipment in direct support of the National 
     Airspace System, as authorized under part A of subtitle VII 
     of title 49, United States Code, including initial 
     acquisition of necessary sites by lease or grant; engineering 
     and service testing, including construction of test 
     facilities and acquisition of necessary sites by lease or 
     grant; construction and furnishing of quarters and related 
     accommodations for officers and employees of the Federal 
     Aviation Administration stationed at remote localities where 
     such accommodations are not available; and the purchase, 
     lease, or transfer of aircraft from funds available under 
     this heading; to be derived from the Airport and Airway Trust 
     Fund, $2,916,000,000, of which $2,480,520,000 shall remain 
     available until September 30, 2006, and of which $435,480,000 
     shall remain available until September 30, 2004: Provided, 
     That of the total amount made available under this heading, 
     $100,000,000 shall be transferred to the heading ``Grants-in-
     Aid for Airports'' and shall not be subject to the obligation 
     limitation stated therein and shall remain available until 
     expended: Provided further, That there may be credited to 
     this appropriation funds received from States, counties, 
     municipalities, other public authorities, and private 
     sources, for expenses incurred in the establishment and 
     modernization of air navigation facilities: Provided further, 
     That upon initial submission to the Congress of the fiscal 
     year 2005 President's budget, the Secretary of Transportation 
     shall transmit to the Congress a comprehensive capital 
     investment plan for the Federal Aviation Administration which 
     includes funding for each budget line item for fiscal years 
     2005 through 2009, with total funding for each year of the 
     plan constrained to the funding targets for those years as 
     estimated and approved by the Office of Management and 
     Budget.


                 Research, Engineering, and Development

                    (airport and airway trust fund)

       For necessary expenses, not otherwise provided for, for 
     research, engineering, and development, as authorized under 
     part A of subtitle VII of title 49, United States Code, 
     including construction of experimental facilities and 
     acquisition of necessary sites by lease or grant, 
     $118,939,000, to be derived from the Airport and Airway Trust 
     Fund and to remain available until September 30, 2006: 
     Provided, That there may be credited to this appropriation 
     funds received from States, counties, municipalities, other 
     public authorities, and private sources, for expenses 
     incurred for research, engineering, and development.


                       Grants-in-Aid for Airports

                (liquidation of contract authorization)

                      (limitation on obligations)

                    (airport and airway trust fund)

       For liquidation of obligations incurred for grants-in-aid 
     for airport planning and development, and noise compatibility 
     planning and programs as authorized under subchapter I of 
     chapter 471 and subchapter I of chapter 475 of title 49, 
     United States Code, and under other law authorizing such 
     obligations; for procurement, installation, and commissioning 
     of runway incursion prevention devices and systems at 
     airports of such title; for grants authorized under section 
     41743 of title 49, United States Code; and for inspection 
     activities and administration of airport safety programs, 
     including those related to airport operating certificates 
     under section 44706 of title 49, United States Code, 
     $3,400,000,000, to be derived from the Airport and Airway 
     Trust Fund and to remain available until expended: Provided, 
     That none of the funds under this heading shall be available 
     for the planning or execution of programs the obligations for 
     which are in excess of $3,400,000,000 in fiscal year 2004, 
     notwithstanding section 47117(g) of title 49, United States 
     Code: Provided further, That none of the funds under this 
     heading shall be available for the replacement of baggage 
     conveyor systems, reconfiguration of terminal baggage areas, 
     or other airport improvements that are necessary to install 
     bulk explosive detection systems: Provided further, That 
     notwithstanding any other provision of law, not more than 
     $66,638,000 of funds limited under this heading shall be 
     obligated for administration and not less than $20,000,000 
     shall be for the Small Community Air Service Development 
     Pilot Program.


                   Aviation Insurance Revolving Fund

       The Secretary of Transportation is hereby authorized to 
     make such expenditures and investments, within the limits of 
     funds available pursuant to 49 U.S.C. 44307, and in 
     accordance with section 104 of the Government Corporation 
     Control Act, as amended (31 U.S.C. 9104), as may be necessary 
     in carrying out the program for aviation insurance activities 
     under chapter 443 of title 49, United States Code.


          General Provisions--Federal Aviation Administration

       Sec. 101. Notwithstanding any other provision of law, 
     airports may transfer, without consideration, to the Federal 
     Aviation Administration (FAA) instrument landing systems 
     (along with associated approach lighting equipment and runway 
     visual range equipment) which conform to FAA design and 
     performance specifications, the purchase of which was 
     assisted by a Federal airport-aid program, airport 
     development aid program or airport improvement program grant: 
     Provided, That, the Federal Aviation Administration shall 
     accept such equipment, which shall thereafter be operated and 
     maintained by FAA in accordance with agency criteria.
       Sec. 102. None of the funds in this Act may be used to 
     compensate in excess of 350 technical staff-years under the 
     federally funded research and development center contract 
     between the Federal Aviation Administration and the Center 
     for Advanced Aviation Systems Development during fiscal year 
     2004.
       Sec. 103. None of the funds in this Act shall be used to 
     pursue or adopt guidelines or regulations requiring airport 
     sponsors to provide to the Federal Aviation Administration 
     without cost building construction, maintenance, utilities 
     and expenses, or space in airport sponsor-owned buildings for 
     services relating to air traffic control, air navigation, or 
     weather reporting: Provided, That the prohibition of funds in 
     this section does not apply to negotiations between the 
     agency and airport sponsors to achieve agreement on ``below-
     market'' rates for these items or to grant assurances that 
     require airport sponsors to provide land without cost to the 
     FAA for air traffic control.
       Sec. 104. For an airport project that the Administrator of 
     the Federal Aviation Administration (FAA) determines will add 
     critical airport capacity to the national air transportation 
     system, the Administrator is authorized to accept funds from 
     an airport sponsor, including entitlement funds provided 
     under the ``Grants-in-Aid for Airports'' program, for the FAA 
     to hire additional staff or obtain the services of 
     consultants: Provided, That the Administrator is authorized 
     to accept and utilize such funds only for the purpose of 
     facilitating the timely processing, review, and completion of 
     environmental activities associated with such project.
       Sec. 105. The Federal Aviation Administration shall give 
     priority consideration to Paulding County, Georgia Airport 
     Improvements for the Airport Improvement Program.
       Sec. 106. None of the funds appropriated or otherwise made 
     available by this Act may be obligated or expended to 
     establish or implement a pilot program under which not more 
     than 10 designated essential air service communities located 
     in proximity to hub airports are required to assume 10 
     percent of their essential air subsidy costs for a 4-year 
     period, commonly referred to as the EAS local participation 
     program.
       Sec. 107. The Administrator of the Federal Aviation 
     Administration may, for purposes of chapter 471 of title 49, 
     United States Code, give priority consideration to a letter 
     of intent application for funding submitted by the City of 
     Gary, Indiana, or the State of Indiana, for the extension of 
     the main runway at the Gary/Chicago Airport. The letter of 
     intent application shall be considered upon completion of the 
     environmental impact statement and benefit cost analysis in 
     accordance with Federal Aviation Administration requirements. 
     The Administrator shall consider the letter of intent 
     application not later than 90 days after receiving it from 
     the applicant.
       Sec. 108. None of the funds in this Act may be used to 
     adopt rules or regulations concerning travel agent service 
     fees unless the Department of Transportation publishes in the 
     Federal Register revisions to the proposed rule and provides 
     a period for additional public comment on such proposed rule 
     for a period not less than 60 days.
       Sec. 109. It is the sense of the Senate that the Secretary 
     of Transportation must, in connection with the Philadelphia 
     International Airport Capacity Enhancement Program, consider 
     the impact of aircraft noise on northern Delaware--
       (1) within the scope of the environmental impact statement 
     prepared in connection with the Program; and
       (2) as part of any study of aircraft noise required under 
     the National Environmental Protection Act of 1969 and 
     conducted pursuant to part 150 of title 14, Code of Federal 
     Regulations, or any successor regulations.
       Sec. 110. Of the total amount appropriated under this title 
     for the Federal Aviation Administration under the heading 
     ``facilities and

[[Page 25820]]

     equipment'', $2,000,000 shall be available for air traffic 
     control facilities, John C. Stennis International Airport, 
     Hancock County, Mississippi.

                     Federal Highway Administration


                 Limitation on Administrative Expenses

       Necessary expenses for administration and operation of the 
     Federal Highway Administration, not to exceed $337,834,000, 
     shall be paid in accordance with law from appropriations made 
     available by this Act to the Federal Highway Administration 
     together with advances and reimbursements received by the 
     Federal Highway Administration: Provided, That of the funds 
     available under section 104(a)(1)(A) of title 23, United 
     States Code: $20,000,000 shall be available to provide grants 
     to States for the development or enhancement of notification 
     or communications systems along highways for alerts and other 
     information for the recovery of abducted children under 
     section 303 of Public Law 108-21; $175,000,000 shall be 
     available to enable the Secretary of Transportation to make 
     grants for surface transportation projects, and shall remain 
     available until expended; $7,000,000 shall be available for 
     environmental streamlining activities, which may include 
     making grants to, or entering into contracts, cooperative 
     agreements, and other transactions, with a Federal agency, 
     State agency, local agency, authority, association, nonprofit 
     or for-profit corporation, or institution of higher 
     education.


                          Federal-Aid Highways

                      (LIMITATION ON OBLIGATIONS)

                          (HIGHWAY TRUST FUND)

       None of the funds in this Act shall be available for the 
     implementation or execution of programs, the obligations for 
     which are in excess of $33,843,000,000 for Federal-aid 
     highways and highway safety construction programs for fiscal 
     year 2004: Provided, That within the $33,843,000,000 
     obligation limitation on Federal-aid highways and highway 
     safety construction programs, not more than $462,500,000 
     shall be available for the implementation or execution of 
     programs for transportation research (sections 502, 503, 504, 
     506, 507, and 508 of title 23, United States Code, as 
     amended; section 5505 of title 49, Unites States Code, as 
     amended; and sections 5112 and 5204-5209 of Public Law 105-
     178) for fiscal year 2003: Provided further, That this 
     limitation on transportation research programs shall not 
     apply to any authority previously made available for 
     obligation: Provided further, That within the $232,000,000 
     obligation limitation on Intelligent Transportation Systems, 
     the following sums shall be made available for Intelligent 
     Transportation System projects that are designed to achieve 
     the goals and purposes set forth in section 5203 of the 
     Intelligent Transportation Systems Act of 1998 (subtitle C of 
     title V of Public Law 105-178; 112 Stat. 453; 23 U.S.C. 502 
     note) in the following specified areas:
       511 Traveler Information Program, North Carolina, $400,000;
       Advanced Ticket Collection and Passenger Information 
     Systems, New Jersey, $1,500,000;
       Advanced Traffic Analysis Center, North Dakota, $500,000;
       Advanced Transportation Management Systems (AMTS), 
     Montgomery County, Maryland, $1,000,000;
       ATR Transportation Technology/CVISN, New Mexico, 
     $1,000,000;
       Auburn, Auburn Way South ITS, Washington, $1,600,000;
       Cargo Watch Logistics Information System, New York, 
     $4,000,000;
       CCTA Intelligent Transportation Systems, Vermont, 
     $1,000,000;
       Central Florida Regional Transportation Authority: North 
     Orange/South Seminole ITS Enhanced Circulator, $2,500,000;
       City of Boston Intelligent Transportation Systems, 
     Massachusetts, $1,750,000;
       City of Huntsville, Alabama ITS, $5,000,000;
       City of Shreveport Intelligent Transportation System 
     Deployment, Louisiana, $1,000,000;
       Clark County Transit, VAST ITS, Washington, $1,600,000;
       Dynamic Changeable Message Signs--Urban Interstate System, 
     Iowa, $1,000,000;
       Fiber Optic Signal Interconnect System, Arizona, 
     $4,000,000;
       Germantown Parkway ITS Project, Tennessee, $3,000,000;
       GMU ITS, Virginia, $1,000,000
       George Washington University, Virginia Campus, $1,000,000
       Great Lakes ITS, Michigan, $2,000,000;
       Greater Philadelphia Chamber of Commerce ITS System, 
     Pennsylvania, $2,000,000;
       Hillsborough Area Regional Transit Bus Tracking, 
     Communication and Security, Florida, $1,000,000;
       Hoosier SAFE-T, Indiana, $3,500,000;
       I-70 Incident Management Plan, Colorado, $3,000,000;
       Intelligent Transportation Systems--Phases II and III, 
     Ohio, $1,250,000;
       Intelligent Transportation Systems [ITS] Statewide and 
     Commercial Vehicle Information Systems Network [CVISN], 
     Maryland, $1,000,000;
       Intelligent Transportation Systems, Illinois, $4,000,000;
       Iowa Transit Communications, $1,500,000;
       ITS Expansion in Davis and Utah Counties, Utah, $1,250,000;
       ITS, Cache Valley, Utah, $1,000,000;
       Jacksonville Transportation Authority: Intelligent 
     Transportation Systems Regional Planning, Florida, 
     $1,000,000;
       King County, Countywide Signaling Program, Washington, 
     $1,500,000;
       Lewis & Clark 511 Coalition, Montana, $1,000,000;
       Lincoln, Nebraska StarTran Automatic Vehicle Location 
     System, $1,000,000;
       Maine Statewide ITS, $1,000,000;
       MARTA Automated Fare Collection/Smart Card System, Georgia, 
     $1,500,000;
       Mid-America Surface Transportation Weather Research 
     Institute, North Dakota, $1,000,000;
       Missouri Statewide Rural ITS, $5,000,000;
       Nebraska Statewide Intelligent Transportation System 
     Deployment, $2,000,000;
       Oklahoma Statewide ITS, $5,000,000;
       Port of Anchorage Intermodal Facility, Alaska, $1,500,000;
       Program of Projects, Washington, $5,400,000;
       RIPTA ITS Program Phase II, Rhode Island, $1,500,000;
       Real Time Transit Passenger Information System for the 
     Prince George's County Department of Public Works, Maryland, 
     $1,000,000;
       Sacramento Area Council of Governments--ITS Projects, 
     California, $4,000,000;
       SCDOT InRoads, South Carolina, $3,000,000;
       Seattle City Center ITS, Washington, $2,500,000;
       Springfield, Missouri Regional ITS, $2,000,000;
       State of Vermont Interstate Variable Message Signs and 
     Weather Information Stations, $1,000,000;
       Statewide AVL Initiative, Nebraska, $750,000;
       TalTran: ITS Smart Bus Implementation, Florida, $1,500,000;
       Texas Medical Center Early Warning Transportation System, 
     $2,000,000;
       Texas Statewide ITS Deployment and Integration, $1,000,000;
       Town of Cary: Computerized Traffic Signal System Project, 
     North Carolina, $1,600,000;
       Transportation Research Center [TRC] for Freight, Trade, 
     Security, and Economic Strength, Georgia, $1,000,000;
       Tri-County Automated System Project, University of Southern 
     Mississippi, $1,000,000;
       Tukwila, Signalization Interconnect and Intelligent 
     Transportation, Washington, $1,400,000;
       Twin Cities, Minnesota Redundant Communications Pilot, 
     $2,000,000;
       UAB Center for Injury Sciences, Birmingham, Alabama, 
     $2,000,000;
       University of Alaska Transportation Research Center, 
     $2,000,000;
       University of Kentucky Transportation Center, $1,500,000;
       University of Oklahoma Intelligent Bridge System Research, 
     $3,000,000;
       Wisconsin State Patrol Mobile Data Computer Network Phase 
     II, $3,000,000;
       Wyoming Statewide ITS Initiative, $5,000,000.


                          Federal-Aid Highways

                (liquidation of contract authorization)

                          (highway trust fund)

       Notwithstanding any other provision of law, for carrying 
     out the provisions of title 23, United States Code, that are 
     attributable to Federal-aid highways, including the National 
     Scenic and Recreational Highway as authorized by 23 U.S.C. 
     148, not otherwise provided, including reimbursement for sums 
     expended pursuant to the provisions of 23 U.S.C. 308, 
     $34,000,000,000 or so much thereof as may be available in and 
     derived from the Highway Trust Fund, to remain available 
     until expended.


                              (RESCISSION)

       Of the unobligated balances of funds apportioned to each 
     state under the program authorized under sections 1101(a)(1), 
     1101(a)(2), 1101(a)(3), 1101(a)(4), and 1101(a)(5) of Public 
     Law 105-178, as amended, $156,000,000 are rescinded.


                 Appalachian Development Highway System

       For necessary expenses for the Appalachian Development 
     Highway System as authorized under section 1069(y) of Public 
     Law 102-240, as amended, $150,000,000, to remain available 
     until expended.


           General Provisions--Federal Highway Administration

       Sec. 110. (a) For fiscal year 2004, the Secretary of 
     Transportation shall--
       (1) not distribute from the obligation limitation for 
     Federal-aid Highways amounts authorized for administrative 
     expenses and programs funded from the administrative takedown 
     authorized by section 104(a)(1)(A) of title 23, United States 
     Code, for the highway use tax evasion program, and for the 
     Bureau of Transportation Statistics;
       (2) not distribute an amount from the obligation limitation 
     for Federal-aid Highways that is equal to the unobligated 
     balance of amounts made available from the Highway Trust Fund 
     (other than the Mass Transit Account) for Federal-aid 
     highways and highway safety programs for the previous fiscal 
     year the funds for which are allocated by the Secretary;
       (3) determine the ratio that--
       (A) the obligation limitation for Federal-aid Highways less 
     the aggregate of amounts not distributed under paragraphs (1) 
     and (2), bears to
       (B) the total of the sums authorized to be appropriated for 
     Federal-aid highways and highway safety construction programs 
     (other than sums authorized to be appropriated for sections 
     set forth in paragraphs (1) through (7) of subsection (b) and 
     sums authorized to be appropriated for section 105 of title 
     23, United States Code, equal to the amount referred to in 
     subsection (b)(8)) for such fiscal year less the aggregate of 
     the amounts not distributed under paragraph (1) of this 
     subsection;
       (4) distribute the obligation limitation for Federal-aid 
     Highways less the aggregate amounts not distributed under 
     paragraphs (1) and (2) for section 201 of the Appalachian 
     Regional Development Act of 1965 and $2,000,000,000 for such 
     fiscal year under section 105 of title 23, United States Code 
     (relating to minimum guarantee) so that the amount of 
     obligation authority available for each of such sections is 
     equal to the

[[Page 25821]]

     amount determined by multiplying the ratio determined under 
     paragraph (3) by the sums authorized to be appropriated for 
     such section (except in the case of section 105, 
     $2,000,000,000) for such fiscal year;
       (5) distribute the obligation limitation provided for 
     Federal-aid Highways less the aggregate amounts not 
     distributed under paragraphs (1) and (2) and amounts 
     distributed under paragraph (4) for each of the programs that 
     are allocated by the Secretary under title 23, United States 
     Code (other than activities to which paragraph (1) applies 
     and programs to which paragraph (4) applies) by multiplying 
     the ratio determined under paragraph (3) by the sums 
     authorized to be appropriated for such program for such 
     fiscal year; and
       (6) distribute the obligation limitation provided for 
     Federal-aid Highways less the aggregate amounts not 
     distributed under paragraphs (1) and (2) and amounts 
     distributed under paragraphs (4) and (5) for Federal-aid 
     highways and highway safety construction programs (other than 
     the minimum guarantee program, but only to the extent that 
     amounts apportioned for the minimum guarantee program for 
     such fiscal year exceed $2,639,000,000, and the Appalachian 
     development highway system program) that are apportioned by 
     the Secretary under title 23, United States Code, in the 
     ratio that--
       (A) sums authorized to be appropriated for such programs 
     that are apportioned to each State for such fiscal year, bear 
     to
       (B) the total of the sums authorized to be appropriated for 
     such programs that are apportioned to all States for such 
     fiscal year.
       (b) Exceptions From Obligation Limitation.--The obligation 
     limitation for Federal-aid Highways shall not apply to 
     obligations: (1) under section 125 of title 23, United States 
     Code; (2) under section 147 of the Surface Transportation 
     Assistance Act of 1978; (3) under section 9 of the Federal-
     Aid Highway Act of 1981; (4) under sections 131(b) and 131(j) 
     of the Surface Transportation Assistance Act of 1982; (5) 
     under sections 149(b) and 149(c) of the Surface 
     Transportation and Uniform Relocation Assistance Act of 1987; 
     (6) under sections 1103 through 1108 of the Intermodal 
     Surface Transportation Efficiency Act of 1991; (7) under 
     section 157 of title 23, United States Code, as in effect on 
     the day before the date of the enactment of the 
     Transportation Equity Act for the 21st Century; (8) under 
     section 105 of title 23, United States Code (but, only in an 
     amount equal to $639,000,000 for such fiscal year); and for 
     Federal-aid highway programs for which obligation authority 
     was made available under the Transportation Equity Act for 
     the 21st Century or subsequent public laws for multiple years 
     or to remain available until used, but only to the extent 
     that such obligation authority has not lapsed or been used.
       (c) Redistribution of Unused Obligation Authority.--
     Notwithstanding subsection (a), the Secretary shall after 
     August 1 for such fiscal year revise a distribution of the 
     obligation limitation made available under subsection (a) if 
     a State will not obligate the amount distributed during that 
     fiscal year and redistribute sufficient amounts to those 
     States able to obligate amounts in addition to those 
     previously distributed during that fiscal year giving 
     priority to those States having large unobligated balances of 
     funds apportioned under sections 104 and 144 of title 23, 
     United States Code, section 160 (as in effect on the day 
     before the enactment of the Transportation Equity Act for the 
     21st Century) of title 23, United States Code, and under 
     section 1015 of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (105 Stat. 1943-1945).
       (d) Applicability of Obligation Limitations to 
     Transportation Research Programs.--The obligation limitation 
     shall apply to transportation research programs carried out 
     under chapter 5 of title 23, United States Code, except that 
     obligation authority made available for such programs under 
     such limitation shall remain available for a period of 3 
     fiscal years.
       (e) Redistribution of Certain Authorized Funds.--Not later 
     than 30 days after the date of the distribution of obligation 
     limitation under subsection (a), the Secretary shall 
     distribute to the States any funds: (1) that are authorized 
     to be appropriated for such fiscal year for Federal-aid 
     highways programs (other than the program under section 160 
     of title 23, United States Code) and for carrying out 
     subchapter I of chapter 311 of title 49, United States Code, 
     and highway-related programs under chapter 4 of title 23, 
     United States Code; and (2) that the Secretary determines 
     will not be allocated to the States, and will not be 
     available for obligation, in such fiscal year due to the 
     imposition of any obligation limitation for such fiscal year. 
     Such distribution to the States shall be made in the same 
     ratio as the distribution of obligation authority under 
     subsection (a)(6). The funds so distributed shall be 
     available for any purposes described in section 133(b) of 
     title 23, United States Code.
       (f) Special Rule.--Obligation limitation distributed for a 
     fiscal year under subsection (a)(4) of this section for a 
     section set forth in subsection (a)(4) shall remain available 
     until used and shall be in addition to the amount of any 
     limitation imposed on obligations for Federal-aid highway and 
     highway safety construction programs for future fiscal years.
       (g) Of the obligation limitation transferred to the 
     National Highway Traffic Safety Administration for expenses 
     necessary to discharge the functions of the Secretary with 
     respect to traffic and highway safety under chapter 301 of 
     title 49, United States Code, and part C of subtitle VI of 
     title 49, United States Code, $94,543,500 shall remain 
     available until September 30, 2006.
       Sec. 111. Notwithstanding any other provision of law, 
     whenever an allocation is made of the sums authorized to be 
     appropriated for expenditure on the Federal lands highway 
     program, and whenever an apportionment is made of the sums 
     authorized to be appropriated for expenditure on the surface 
     transportation program, the congestion mitigation and air 
     quality improvement program, the National Highway System, the 
     Interstate maintenance program, the bridge program, the 
     Appalachian development highway system, and the minimum 
     guarantee program, the Secretary of Transportation shall--
       (1) deduct a sum in such amount not to exceed 2.55 percent 
     of all sums so made available, as the Secretary determines 
     necessary, to administer the provisions of law to be financed 
     from appropriations for motor carrier safety programs and 
     motor carrier safety research: Provided, That any deduction 
     by the Secretary of Transportation in accordance with this 
     subsection shall be deemed to be a deduction under section 
     104(a)(1)(B) of title 23, United States Code, and the sum so 
     deducted shall remain available until expended; and
       (2) deduct a sum in such amount not to exceed 1.05 percent 
     of all sums so made available, as the Secretary determines 
     necessary to administer the provisions of law to be financed 
     from appropriations for the programs authorized under 
     chapters 1 and 2 of title 23, United States Code, and to make 
     transfers in accordance with section 104(a)(1)(A)(ii) of 
     title 23, United States Code: Provided, That any deduction by 
     the Secretary of Transportation in accordance with this 
     subsection shall be deemed to be a deduction under section 
     104(a)(1)(A) of title 23, United States Code, and the sum so 
     deducted shall remain available until expended.
       Sec. 112. Notwithstanding 31 U.S.C. 3302, funds received by 
     the Bureau of Transportation Statistics from the sale of data 
     products, for necessary expenses incurred pursuant to 49 
     U.S.C. 111 may be credited to the Federal-aid highways 
     account for the purpose of reimbursing the Bureau for such 
     expenses: Provided, That such funds shall be subject to the 
     obligation limitation for Federal-aid highways and highway 
     safety construction.
       Sec. 113. For fiscal year 2004, notwithstanding any other 
     provision of law, historic covered bridges eligible for 
     Federal assistance under section 1224 of the Transportation 
     Equity Act for the 21st Century, as amended, may be funded 
     from amounts set aside for the discretionary bridge program.
       Sec. 114. (a) In General.--As soon as practicable after the 
     date of enactment of this Act, the Secretary of 
     Transportation shall enter into an agreement with the State 
     of Nevada, the State of Arizona, or both, to provide a method 
     of funding for construction of a Hoover Dam Bypass Bridge 
     from funds allocated for the Federal Lands Highway Program 
     under section 202(b) of title 23, United States Code.
       (b) Methods of Funding.--
       (1) The agreement entered into under subsection (a) shall 
     provide for funding in a manner consistent with the advance 
     construction and debt instrument financing procedures for 
     Federal-aid highways set forth in section 115 and 122 of 
     title 23, except that the funding source may include funds 
     made available under the Federal Lands Highway Program.
       (2) Eligibility for funding under this subsection shall not 
     be construed as a commitment, guarantee, or obligation on the 
     part of the United States to provide for payment of principal 
     or interest of an eligible debt financing instrument as so 
     defined in section 122, nor create a right of a third party 
     against the United States for payment under an eligible debt 
     financing instrument. The agreement entered into pursuant to 
     subsection (a) shall make specific reference to this 
     provision of law.
       (3) The provisions of this section do not limit the use of 
     other available funds for which the project referenced in 
     subsection (a) is eligible.
       Sec. 115. Section 1108 of the Intermodal Surface 
     Transportation Efficiency Act of 1991, item number 8, is 
     amended by striking ``To relocate'' and all that follows 
     through ``Street'' and inserting the following, ``For road 
     improvements and non-motorized enhancements in the Detroit 
     East Riverfront, Detroit, Michigan''.
       Sec. 116. The funds provided under the heading 
     ``Transportation and Community and System Preservation 
     Program'' in Conference Report 106-940 for the Lodge Freeway 
     pedestrian overpass, Detroit, Michigan, shall be transferred 
     to, and made available for, enhancements in the East 
     Riverfront, Detroit, Michigan.
       Sec. 117. The funds provided under the heading 
     ``Transportation and Community and System Preservation 
     Program'' in Conference Report 107-308 for the Eastern Market 
     pedestrian overpass park, shall be transferred to, and made 
     available for, enhancements in the East Riverfront, Detroit, 
     Michigan.
       Sec. 118. Kansas Recreation Areas. Any unexpended balances 
     of the amounts made available by the Consolidated 
     Appropriations Resolution, 2003 (Public Law 108-7) from the 
     Federal-aid highway account for improvements to Council Grove 
     Lake, Kansas, shall be available to make improvements to 
     Richey Cove, Santa Fe Recreation Area, Canning Creek 
     Recreation Area, and other areas in the State of Kansas.
       Sec. 119. Of the amounts made available under this title 
     under the heading ``federal-aid highways'' for Texas 
     Statewide ITS Deployment and Integration--
       (1) $500,000 shall be made available for the deployment and 
     implementation of an Intelligent Transportation System 
     project at Port of Galveston, Texas; and

[[Page 25822]]

       (2) $500,000 shall be made available for the deployment and 
     implementation of an Intelligent Transportation System 
     project at City of Lubbock, Texas.
       Sec. 120. Extension of Research Projects Under TEA-21. For 
     fiscal year 2004 only, the Federal Highway Administration is 
     instructed to extend and fund current research projects under 
     title V of TEA-21 through February 29, 2004.
       Sec. 121. Of the amount appropriated or otherwise made 
     available for Transportation, Planning, and Research, 
     $850,000 shall be available for interior air quality 
     demonstration activities at the Bristol, Virginia, control 
     facility to evaluate standard industrial fuel system 
     performance and efficiency with drive-by-wire engine 
     management and emissions systems and $1,000,000 shall be 
     available for the Market Street enhancement project in 
     Burlington, Vermont.
       Sec. 122. Of the funds made available or limited in this 
     Act, $3,000,000 shall be available for improvements to Bowman 
     Road and Johnnie Dodds Boulevard, Highway 17, Mt. Pleasant, 
     South Carolina; $1,000,000 shall be for the Arkwright 
     Connector and no funds shall be available for the Northwest 
     Bypass project.

              Federal Motor Carrier Safety Administration


                          Motor Carrier Safety

                 limitation on administrative expenses

                          (highway trust fund)

                     (including transfer of funds)

       For necessary expenses for administration of motor carrier 
     safety programs and motor carrier safety research, pursuant 
     to section 104(a)(1)(B) of title 23, United States Code, not 
     to exceed $292,972,233 shall be paid in accordance with law 
     from appropriations made available by this Act and from any 
     available take-down balances to the Federal Motor Carrier 
     Safety Administration, together with advances and 
     reimbursements received by the Federal Motor Carrier Safety 
     Administration: Provided, That such amounts shall be 
     available to carry out the functions and operations of the 
     Federal Motor Carrier Safety Administration: Provided 
     further, That notwithstanding any other provision of law, 
     $11,744,000 of the funds made available under this heading 
     shall be transferred to and merged with funding provided for 
     grants to the States for implementation of section 210 of 
     Public Law 106-159 under ``Federal Motor Carrier Safety 
     Administration, Motor Carrier Safety Assistance Program'': 
     Provided further, That of the funds made available under this 
     heading, $47,000,000 shall be available for the border 
     enforcement program as authorized under section 350 of the 
     Department of Transportation and Related Agencies 
     Appropriations Act, 2002.


                 National Motor Carrier Safety Program

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

        Notwithstanding any other provision of law, for payment of 
     obligations incurred in carrying out 49 U.S.C. 31102, 31106 
     and 31309, $190,000,000, to be derived from the Highway Trust 
     Fund and to remain available until expended: Provided, That 
     none of the funds in this Act shall be available for the 
     implementation or execution of programs the obligations for 
     which are in excess of $190,000,000 for ``Motor Carrier 
     Safety Grants'', and ``Information Systems''.


         General Provision--Motor Carrier Safety Administration

       Sec. 130. None of the funds appropriated or made available 
     by this Act shall be used to implement or enforce any 
     provision of the Final Rule issued on April 16, 2003 (Docket 
     No. FMCSA-97-2350) as it may apply to operators of utility 
     service vehicles as defined in 49 C.F.R. 395.2.
       Sec. 131. No funds appropriated or otherwise made available 
     by this Act may be used to implement or enforce any 
     provisions of the Final Rule, issued on April 16, 2003 
     (Docket No. FMCSA-97-2350), with respect to either of the 
     following:
       (1) The operators of utility service vehicles, as that term 
     is defined in section 395.2 of title 49, Code of Federal 
     Regulations.
       (2) Maximum daily hours of service for drivers engaged in 
     the transportation of property or passengers to or from a 
     motion picture or television production site located within a 
     100-air mile radius of the work reporting location of such 
     drivers.

             National Highway Traffic Safety Administration


                        Operations and Research

                          (Highway Trust Fund)

       For expenses necessary to discharge the functions of the 
     Secretary, with respect to traffic and highway safety under 
     chapter 301 of title 49, United States Code, and part C of 
     subtitle VI of title 49, United States Code, $148,102,000, to 
     be derived from funds available under 104(a)(1)(A) of title 
     23, United States Code: Provided, That such funds shall be 
     transferred to and administered by the National Highway 
     Traffic Safety Administration: Provided further, That none of 
     the funds appropriated by this Act may be obligated or 
     expended to plan, finalize, or implement any rulemaking to 
     add to section 575.104 of title 49 of the Code of Federal 
     Regulations any requirement pertaining to a grading standard 
     that is different from the three grading standards 
     (treadwear, traction, and temperature resistance) already in 
     effect.


                        Operations and Research

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

       For payment of obligations incurred in carrying out the 
     provisions of 23 U.S.C. 403, to remain available until 
     expended, $72,000,000, to be derived from the Highway Trust 
     Fund: Provided, That none of the funds in this Act shall be 
     available for the planning or execution of programs the total 
     obligations for which, in fiscal year 2004, are in excess of 
     $72,000,000 for programs authorized under 23 U.S.C. 403.


                        National Driver Register

                          (highway trust fund)

       For expenses necessary to discharge the functions of the 
     Secretary with respect to the National Driver Register under 
     chapter 303 of title 49, United States Code, $3,600,000, to 
     be derived from the Highway Trust Fund, and to remain 
     available until expended.


                     Highway Traffic Safety Grants

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

       Notwithstanding any other provision of law, for payment of 
     obligations incurred in carrying out the provisions of 23 
     U.S.C. 402, 405, and 410, to remain available until expended, 
     $225,000,000, to be derived from the Highway Trust Fund: 
     Provided, That none of the funds in this Act shall be 
     available for the planning or execution of programs the total 
     obligations for which, in fiscal year 2004, are in excess of 
     $225,000,000 for programs authorized under 23 U.S.C. 402, 
     405, and 410, of which $165,000,000 shall be for ``Highway 
     Safety Programs'' under 23 U.S.C. 402, $20,000,000 shall be 
     for ``Occupant Protection Incentive Grants'' under 23 U.S.C. 
     405, and $40,000,000 shall be for ``Alcohol-Impaired Driving 
     Countermeasures Grants'' under 23 U.S.C. 410: Provided 
     further, That none of these funds shall be used for 
     construction, rehabilitation, or remodeling costs, or for 
     office furnishings and fixtures for State, local, or private 
     buildings or structures: Provided further, That not to exceed 
     $8,150,000 of the funds made available for section 402, not 
     to exceed $1,000,000 of the funds made available for section 
     405, and not to exceed $2,000,000 of the funds made available 
     for section 410 shall be available to NHTSA for administering 
     highway safety grants under chapter 4 of title 23, United 
     States Code: Provided further, That not to exceed $500,000 of 
     the funds made available for section 410 ``Alcohol-Impaired 
     Driving Countermeasures Grants'' shall be available for 
     technical assistance to the States.


   General Provisions--National Highway Traffic Safety Administration

       Sec. 140. Notwithstanding any other provision of law, 
     States may use funds provided in this Act under section 402 
     of title 23, United States Code, to produce and place highway 
     safety public service messages in television, radio, cinema, 
     and print media, and on the Internet in accordance with 
     guidance issued by the Secretary of Transportation: Provided, 
     That any State that uses funds for such public service 
     messages shall submit to the Secretary a report describing 
     and assessing the effectiveness of the messages: Provided 
     further, That $10,000,000 of the funds allocated under 
     section 157 of title 23, United States Code, shall be used as 
     directed by the National Highway Traffic Safety Administrator 
     to purchase national paid advertising (including production 
     and placement) to support national safety belt mobilizations: 
     Provided further, That, of the funds allocated under section 
     163 of title 23, United States Code, $2,750,000 shall be used 
     as directed by the Administrator to support national impaired 
     driving mobilizations and enforcement efforts, $14,000,000 
     shall be used as directed by the Administrator to purchase 
     national paid advertising (including production and 
     placement) to support such national impaired driving 
     mobilizations and enforcement efforts, $250,000 shall be used 
     as directed by the Administrator to conduct an evaluation of 
     alcohol-impaired driving messages, and $3,000,000 shall be 
     used as directed by the Administrator to conduct an impaired 
     driving demonstration program.
       Sec. 141. Notwithstanding any other provision of law, funds 
     appropriated or limited in the Act to educate the motoring 
     public on how to share the road safely with commercial motor 
     vehicles shall be administered by the National Highway 
     Traffic Safety Administration.

                    Federal Railroad Administration


                         Safety and Operations

       For necessary expenses of the Federal Railroad 
     Administration, not otherwise provided for, $130,825,000, of 
     which $11,712,000 shall remain available until expended.


                   Railroad Research and Development

       For necessary expenses for railroad research and 
     development, $34,225,000, to remain available until expended.


            Railroad Rehabilitation and Improvement Program

        The Secretary of Transportation is authorized to issue to 
     the Secretary of the Treasury notes or other obligations 
     pursuant to section 512 of the Railroad Revitalization and 
     Regulatory Reform Act of 1976 (Public Law 94-210), as 
     amended, in such amounts and at such times as may be 
     necessary to pay any amounts required pursuant to the 
     guarantee of the principal amount of obligations under 
     sections 511 through 513 of such Act, such authority to exist 
     as long as any such guaranteed obligation is outstanding: 
     Provided, That pursuant to section 502 of such Act, as 
     amended, no new direct loans or loan guarantee commitments 
     shall be made using Federal funds for the credit risk premium 
     during fiscal year 2004: Provided further, That no payments 
     of principal or interest shall be collected during

[[Page 25823]]

     fiscal year 2004 for the direct loan made to the National 
     Railroad Passenger Corporation under section 502 of such Act.


                    Next Generation High-Speed Rail

       For necessary expenses for the Next Generation High-Speed 
     Rail program as authorized under 49 U.S.C. 26101 and 26102, 
     $29,350,000, to remain available until expended.


                     Alaska Railroad Rehabilitation

       To enable the Secretary of Transportation to make grants to 
     the Alaska Railroad, $25,000,000 shall be for capital 
     rehabilitation and improvements benefiting its passenger 
     operations, to remain available until expended.


         Grants to the National Railroad Passenger Corporation

       To enable the Secretary of Transportation to make quarterly 
     grants to the National Railroad Passenger Corporation, 
     $1,346,000,000, to remain available until September 30, 2004: 
     Provided, That the Secretary of Transportation shall approve 
     funding to cover operating losses and capital expenditures 
     for a train of the National Railroad Passenger Corporation 
     only after receiving and reviewing a grant request for each 
     specific train route: Provided further, That each such grant 
     request shall be accompanied by a detailed financial 
     analysis, revenue projection, and capital expenditure 
     projection justifying the Federal support to the Secretary's 
     satisfaction: Provided further, That the Secretary of 
     Transportation and the Amtrak Board of Directors shall ensure 
     that, of the amount made available under this heading, 
     sufficient sums are reserved to satisfy the contractual 
     obligations of the National Railroad Passenger Corporation 
     for commuter and intercity passenger rail service: Provided 
     further, That within 60 days of enactment of this Act, Amtrak 
     shall transmit to the Secretary of Transportation and the 
     House and Senate Committees on Appropriations a business plan 
     for operating and capital improvements to be funded in fiscal 
     year 2004 under section 24104(a) of title 49, United States 
     Code: Provided further, That the business plan shall include 
     a description of the work to be funded, along with cost 
     estimates and an estimated timetable for completion of the 
     projects covered by this business plan: Provided further, 
     That not later than June 1, 2003 and each month thereafter, 
     Amtrak shall submit to the Secretary of Transportation and 
     the House and Senate Committees on Appropriations a 
     supplemental report regarding the business plan, which shall 
     describe the work completed to date, any changes to the 
     business plan, and the reasons for such changes: Provided 
     further, That none of the funds in this Act may be used for 
     operating expenses and capital projects not approved by the 
     Secretary of Transportation nor on the National Railroad 
     Passenger Corporation's fiscal year 2004 business plan: 
     Provided further, That none of the funds under this heading 
     may be obligated or expended until the National Railroad 
     Passenger Corporation agrees to continue abiding by the 
     provisions of paragraphs 1, 2, 3, 5, 9, and 11 of the summary 
     of conditions for the direct loan agreement of June 28, 2002, 
     in the same manner as in effect on the date of enactment of 
     this Act.

                     Federal Transit Administration


                        Administrative Expenses

       For necessary administrative expenses of the Federal 
     Transit Administration's programs authorized by chapter 53 of 
     title 49, United States Code, $14,600,000: Provided, That no 
     more than $73,000,000 of budget authority shall be available 
     for these purposes: Provided further, That of the funds 
     available not to exceed $980,000 shall be available for the 
     Office of the Administrator; not to exceed $6,133,000 shall 
     be available for the Office of Administration; not to exceed 
     $3,750,000 shall be available for the Office of the Chief 
     Counsel; not to exceed $1,160,000 shall be available for the 
     Office of Communication and Congressional Affairs; not to 
     exceed $7,250,000 shall be available for the Office of 
     Program Management; not to exceed $6,200,000 shall be 
     available for the Office of Budget and Policy; not to exceed 
     $4,600,000 shall be available for the Office of Demonstration 
     and Innovation; not to exceed $2,700,000 shall be available 
     for the Office of Civil Rights; not to exceed $3,450,000 
     shall be available for the Office of Planning; not to exceed 
     $17,777,000 shall be available for regional offices; and not 
     to exceed $16,800,000 shall be available for the central 
     account: Provided further, That the Administrator is 
     authorized to transfer funds appropriated for an office of 
     the Federal Transit Administration: Provided further, That no 
     appropriation for an office shall be increased or decreased 
     by more than 3 percent by all such transfers: Provided 
     further, That any change in funding greater than 3 percent 
     shall be submitted for approval to the House and Senate 
     Committees on Appropriations: Provided further, That of the 
     funds in this Act available for the execution of contracts 
     under section 5327(c) of title 49, United States Code, 
     $2,000,000 shall be reimbursed to the Department of 
     Transportation's Office of Inspector General for costs 
     associated with audits and investigations of transit-related 
     issues, including reviews of new fixed guideway systems: 
     Provided further, That not to exceed $2,200,000 for the 
     National transit database shall remain available until 
     expended.


                             Formula Grants

                     (including transfer of funds)

       For necessary expenses to carry out 49 U.S.C. 5307, 5308, 
     5310, 5311, 5327, and section 3038 of Public Law 105-178, 
     $767,800,000, to remain available until expended: Provided, 
     That no more than $3,839,000,000 of budget authority shall be 
     available for these purposes: Provided further, That 
     notwithstanding section 3008 of Public Law 105-178, 
     $50,000,000 of the funds to carry out 49 U.S.C. 5308 shall be 
     transferred to and merged with funding provided for the 
     replacement, rehabilitation, and purchase of buses and 
     related equipment and the construction of bus-related 
     facilities under ``Federal Transit Administration, Capital 
     investment grants''.


                   University Transportation Research

       For necessary expenses to carry out 49 U.S.C. 5505, 
     $1,200,000, to remain available until expended: Provided, 
     That no more than $6,000,000 of budget authority shall be 
     available for these purposes.


                     Transit Planning and Research

       For necessary expenses to carry out 49 U.S.C. 5303, 5304, 
     5305, 5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322, 
     $24,400,000, to remain available until expended: Provided, 
     That no more than $122,000,000 of budget authority shall be 
     available for these purposes: Provided further, That 
     $5,250,000 is available to provide rural transportation 
     assistance (49 U.S.C. 5311(b)(2)), $4,000,000 is available to 
     carry out programs under the National Transit Institute (49 
     U.S.C. 5315), $8,250,000 is available to carry out transit 
     cooperative research programs (49 U.S.C. 5313(a)), 
     $60,385,600 is available for metropolitan planning (49 U.S.C. 
     5303, 5304, and 5305), $12,614,400 is available for State 
     planning (49 U.S.C. 5313(b)); and $31,500,000 is available 
     for the national planning and research program (49 U.S.C. 
     5314).


                      Trust Fund Share of Expenses

                (liquidation of contract authorization)

                          (highway trust fund)

       Notwithstanding any other provision of law, for payment of 
     obligations incurred in carrying out 49 U.S.C. 5303-5308, 
     5310-5315, 5317(b), 5322, 5327, 5334, 5505, and sections 3037 
     and 3038 of Public Law 105-178, $5,844,000,000, to remain 
     available until expended, and to be derived from the Mass 
     Transit Account of the Highway Trust Fund: Provided, That 
     $3,071,200,000 shall be paid to the Federal Transit 
     Administration's formula grants account: Provided further, 
     That $97,600,000 shall be paid to the Federal Transit 
     Administration's transit planning and research account: 
     Provided further, That $58,400,000 shall be paid to the 
     Federal Transit Administration's administrative expenses 
     account: Provided further, That $4,800,000 shall be paid to 
     the Federal Transit Administration's university 
     transportation research account: Provided further, That 
     $100,000,000 shall be paid to the Federal Transit 
     Administration's job access and reverse commute grants 
     program: Provided further, That $2,512,000,000 shall be paid 
     to the Federal Transit Administration's capital investment 
     grants account.


                       Capital Investment Grants

                     (including transfer of funds)

       For necessary expenses to carry out 49 U.S.C. 5308, 5309, 
     5318, and 5327, $628,000,000, to remain available until 
     expended: Provided, That no more than $3,140,000,000 of 
     budget authority shall be available for these purposes: 
     Provided further, That there shall be available for fixed 
     guideway modernization, $1,214,400,000; there shall be 
     available for the replacement, rehabilitation, and purchase 
     of buses and related equipment and the construction of bus-
     related facilities, $607,200,000, which shall include 
     $50,000,000 made available under 5309(m)(3)(C) of this title, 
     plus $50,000,000 transferred from ``Federal Transit 
     Administration, Formula Grants''; and there shall be 
     available for new fixed guideway systems $1,318,400,000, to 
     be available as follows:
       Alaska and Hawaii Ferry Projects, $10,296,000;
       Baltimore--Central LRT Double Tracking, Maryland, 
     $40,000,000;
       Birmingham--Transit Corridor, Alabama, $6,000,000;
       Boston--Silver Line Phase III, Massachusetts, $1,000,000;
       Charlotte--South Corridor Light Rail Project, North 
     Carolina, $18,000,000;
       Chicago--Douglas Branch Reconstruction, Illinois, 
     $85,000,000;
       Chicago--North Central, Illinois, $20,000,000;
       Chicago--UP West Line Extension, Illinois, $12,000,000;
       Chicago--Metra Southwest Corridor Commuter Rail, Illinois, 
     $20,000,000;
       Chicago--Ravenswood Line Extension, Illinois, $10,000,000;
       Commuter Rail Improvements, Delaware, $3,000,000;
       Dallas--North Central LRT Extension, Texas, $30,161,283;
       Denver--Southeast Corridor LRT, Colorado, $80,000,000;
       Dulles Corridor Rapid Transit Project, Virginia, 
     $25,000,000;
       Euclid Corridor Transportation Project, Ohio, $15,000,000;
       Ft. Lauderdale--Tri-Rail Commuter Rail Upgrade, Florida, 
     $18,410,000;
       Houston Advanced Metro Transit Plan, Texas, $10,000,000;
       Integrated Intermodal project, Rhode Island, $6,000,000;
       Kenosha-Racine-Milwaukee Commuter Rail Extension, 
     Wisconsin, $4,000,000;
       Las Vegas--Resort Corridor Fixed Guideway, Nevada, 
     $25,000,000;
       Little Rock--River Rail Project, Arkansas, $5,000,000;
       Los Angeles--Eastside LRT, California, $5,000,000;
       Maine Marine Highway, $2,000,000;
       Memphis--Medical Center Extension, Tennessee, $9,247,588;
       Minneapolis--Hiawatha Corridor LRT, Minnesota, $74,980,000;
       Minneapolis--Northstar Commuter Rail Project, Minnesota, 
     $10,000,000;

[[Page 25824]]

       New Orleans--Canal Street Streetcar Project, Louisiana, 
     $36,020,000;
       New York--East Side Access Project, New York, $10,000,000;
       Newark Rail Link (MOS-1), New Jersey, $22,566,022;
       Northern New Jersey-Hudson-Bergen LRT-MOS-2, $100,000,000;
       Northwest Corridor BRT, Atlanta, $4,000,000;
       Philadelphia--Schuylkill Valley Metro, Pennsylvania, 
     $16,000,000;
       Pittsburgh--North Shore Connector LRT, Pennsylvania, 
     $13,812,304;
       Pittsburgh--Stage II LRT Reconstruction, Pennsylvania, 
     $32,243,442;
       Portland--Interstate MAX LRT Extension, Oregon, 
     $77,500,000;
       Regional Commuter Rail (Weber County to Salt Lake City), 
     Utah, $12,000,000;
       Salt Lake City--Medical Center, Utah, $30,663,361;
       San Diego--Mission Valley East LRT Extension, California, 
     $65,000,000;
       San Diego--Oceanside Escondido Rail Project, California, 
     $48,000,000;
       San Juan--Tren Urbano Rapid Transit System, Puerto Rico, 
     $20,000,000;
       Scranton--NY City Rail Service, Pennsylvania, $5,000,000;
       Seattle--Central Link LRT MOS-1, Washington, $75,000,000;
       SF Area--BART Airport Extension, California, $100,000,000;
       Silicon Valley Rapid Transit Corridor, California, 
     $4,000,000;
       Stamford Urban Transitway Phase II, Connecticut, 
     $7,000,000;
       Trans-Hudson Midtown Corridor, New Jersey, $5,000,000;
       Triangle Transit Authority Regional Rail Phase I Project, 
     North Carolina, $9,000,000;
       VRE Parking Improvements, Virginia, $4,000,000;
       Washington, DC/Maryland--Largo Extension, $65,000,000;
       Wilmington Train Station Improvements, Delaware, 
     $2,500,000;
       Wilsonville-Beaverton Commuter Rail, Oregon, $6,000,000;
       Yarmouth to Auburn Line, Maine, $3,000,000.


                 Job Access and Reverse Commute Grants

       For necessary expenses to carry out section 3037 of the 
     Federal Transit Act of 1998, $25,000,000, to remain available 
     until expended: Provided, That no more than $125,000,000 of 
     budget authority shall be available for these purposes: 
     Provided further, That up to $300,000 of the funds provided 
     under this heading may be used by the Federal Transit 
     Administration for technical assistance and support and 
     performance reviews of the Job Access and Reverse Commute 
     Grants program.


           General Provisions--Federal Transit Administration

       Sec. 150. The limitations on obligations for the programs 
     of the Federal Transit Administration shall not apply to any 
     authority under 49 U.S.C. 5338, previously made available for 
     obligation, or to any other authority previously made 
     available for obligation.
       Sec. 151. Notwithstanding any other provision of law, and 
     except for fixed guideway modernization projects, funds made 
     available by this Act under ``Federal Transit Administration, 
     Capital investment grants'' for projects specified in this 
     Act or identified in reports accompanying this Act not 
     obligated by September 30, 2006, and other recoveries, shall 
     be made available for other projects under 49 U.S.C. 5309.
       Sec. 152. Notwithstanding any other provision of law, any 
     funds appropriated before October 1, 2003, under any section 
     of chapter 53 of title 49, United States Code, that remain 
     available for expenditure may be transferred to and 
     administered under the most recent appropriation heading for 
     any such section.
       Sec. 153. Funds made available for Alaska or Hawaii ferry 
     boats or ferry terminal facilities pursuant to 49 U.S.C. 
     5309(m)(2)(B) may be used to construct new vessels and 
     facilities, or to improve existing vessels and facilities, 
     including both the passenger and vehicle-related elements of 
     such vessels and facilities, and for repair facilities: 
     Provided, That not more than $3,000,000 of the funds made 
     available pursuant to 49 U.S.C. 5309(m)(2)(B) may be used by 
     the State of Hawaii to initiate and operate a passenger 
     ferryboat services demonstration project to test the 
     viability of different intra-island and inter-island ferry 
     boat routes and technology: Provided further, That 
     notwithstanding 49 U.S.C. 5302(a)(7), funds made available 
     for Alaska or Hawaii ferry boats may be used to acquire 
     passenger ferry boats and to provide passenger ferry 
     transportation services within areas of the State of Hawaii 
     under the control or use of the National Park Service.
       Sec. 154. Notwithstanding any other provision of law, funds 
     made available to the Colorado Roaring Fork Transportation 
     Authority under ``Federal Transit Administration, Capital 
     investment grants'' in Public Laws 106-69 and 106-346 shall 
     be available for expenditure on park and ride lots in 
     Carbondale and Glenwood Springs, Colorado as part of the 
     Roaring Fork Valley Bus Rapid Transit project.
       Sec. 155. Notwithstanding any other provision of law, 
     unobligated funds made available for a new fixed guideway 
     systems projects under the heading ``Federal Transit 
     Administration, Capital Investment Grants'' in any 
     appropriations act prior to this Act may be used during this 
     fiscal year to satisfy expenses incurred for such projects.
       Sec. 156. (a) In General.--The Secretary shall establish a 
     pilot program to determine the benefits of encouraging 
     cooperative procurement of major capital equipment under 
     sections 5307, 5309, and 5311. The program shall consist of 
     three pilot projects. Cooperative procurements in these 
     projects may be carried out by grantees, consortiums of 
     grantees, or members of the private sector acting as agents 
     of grantees.
       (b) Federal Share.--Notwithstanding any other provision of 
     law, the Federal share for a grant under this pilot program 
     shall be 90 percent of the net project cost.
       (c) Permissible Activities.--
       (1) Developing specifications.--Cooperative specifications 
     may be developed either by the grantees or their agents.
       (2) Requests for proposals.--To the extent permissible 
     under state and local law, cooperative procurements under 
     this section may be carried out, either by the grantees or 
     their agents, by issuing one request for proposal for each 
     cooperative procurement, covering all agencies that are 
     participating in the procurement.
       (3) Best and final offers.--The cost of evaluating best and 
     final offers either by the grantees or their agents, is an 
     eligible expense under this program.
       (d) Technology.--To the extent feasible, cooperative 
     procurements under this section shall maximize use of 
     Internet-based software technology designed specifically for 
     transit buses and other major capital equipment to develop 
     specifications; aggregate equipment requirements with other 
     transit agencies; generate cooperative request for proposal 
     packages; create cooperative specifications; and automate the 
     request for approved equals process.
       (e) Eligible Expenses.--The cost of the permissible 
     activities under (c) and procurement under (d) are eligible 
     expenses under the pilot program.
       (f) Proportionate Contributions.--Cooperating agencies may 
     contribute proportionately to the non-Federal share of any of 
     the eligible expenses under (e).
       (g) Outreach.--The Secretary shall conduct outreach on 
     cooperative procurement. Under this program the Secretary 
     shall: (1) offer technical assistance to transit agencies to 
     facilitate the use of cooperative procurement of major 
     capital equipment and (2) conduct seminars and conferences 
     for grantees, nationwide, on the concept of cooperative 
     procurement of major capital equipment.
       (h) Report.--Not later than 30 days after delivery of the 
     base order under each of the pilot projects, the Secretary 
     shall submit to the House and Senate Committees on 
     Appropriations a report on the results of that pilot project. 
     Each report shall evaluate any savings realized through the 
     cooperative procurement and the benefits of incorporating 
     cooperative procurement, as shown by that project, into the 
     mass transit program as a whole.
       Sec. 157. Notwithstanding any other provision of law, new 
     fixed guideway system funds available for the Yosemite, 
     California, area regional transportation system project, in 
     the Department of Transportation and Related Agencies 
     Appropriations Act, 2002, Public Law 107-87, under ``Capital 
     Investment Grants'', in the amount of $400,000 shall be 
     available for obligation for the replacement, rehabilitation, 
     or purchase of buses or related equipment, or the 
     construction of bus related facilities: Provided, That this 
     amount shall be in addition to the amount available in fiscal 
     year 2002 for these purposes.
       Sec. 158. Notwithstanding any other provision of law, for 
     the purpose of calculating the non-New Starts share of the 
     total project cost of both phases of San Francisco Muni's 
     Third Street Light Rail Transit project for fiscal year 2004, 
     the Secretary of Transportation shall include all non-New 
     Starts contributions made towards Phase 1 of the two-phase 
     project for engineering, final design and construction, and 
     also shall allow non-New Starts funds expended on one element 
     or phase of the project to be used to meet the non-New Starts 
     share requirement of any element or phase of the project.
       Sec. 159. Notwithstanding any other provision of law, funds 
     made available under ``Federal Transit Administration, 
     Capital Investment Grants'' in Public Law 105-277 for the 
     Cleveland Berea Red Line Extension to the Hopkins 
     International Airport project may be used for the Euclid 
     Corridor Transportation Project.

             Saint Lawrence Seaway Development Corporation


             Saint Lawrence Seaway Development Corporation

       The Saint Lawrence Seaway Development Corporation is hereby 
     authorized to make such expenditures, within the limits of 
     funds and borrowing authority available to the Corporation, 
     and in accord with law, and to make such contracts and 
     commitments without regard to fiscal year limitations as 
     provided by section 104 of the Government Corporation Control 
     Act, as amended, as may be necessary in carrying out the 
     programs set forth in the Corporation's budget for the 
     current fiscal year.


                       Operations and Maintenance

                    (harbor maintenance trust fund)

       For necessary expenses for operations and maintenance of 
     those portions of the Saint Lawrence Seaway operated and 
     maintained by the Saint Lawrence Seaway Development 
     Corporation, $14,400,000, to be derived from the Harbor 
     Maintenance Trust Fund, pursuant to Public Law 99-662.

                        Maritime Administration


                        Operations and Training

       For necessary expenses of operations and training 
     activities authorized by law,

[[Page 25825]]

     $106,000,000, of which $13,000,000 shall remain available 
     until expended for capital improvements at the United States 
     Merchant Marine Academy, and $7,063,000 shall remain 
     available until September 30, 2005 for state maritime 
     schoolship maintenance and repair.


                             Ship Disposal

       For necessary expenses related to the disposal of obsolete 
     vessels in the National Defense Reserve Fleet of the Maritime 
     Administration, $18,422,000, to remain available until 
     expended.


                       Maritime Security Program

       For necessary expenses to maintain and preserve a U.S.-flag 
     merchant fleet to serve the national security needs of the 
     United States, $98,700,000, to remain available until 
     expended.


          Maritime Guaranteed Loan (Title XI) Program Account

       For administrative expenses to carry out the guaranteed 
     loan program, not to exceed $4,498,000, which shall be 
     transferred to and merged with the appropriation for 
     Operations and Training.


              General Provisions--Maritime Administration

       Sec. 160. Notwithstanding any other provision of this Act, 
     the Maritime Administration is authorized to furnish 
     utilities and services and make necessary repairs in 
     connection with any lease, contract, or occupancy involving 
     Government property under control of the Maritime 
     Administration, and payments received therefore shall be 
     credited to the appropriation charged with the cost thereof: 
     Provided, That rental payments under any such lease, 
     contract, or occupancy for items other than such utilities, 
     services, or repairs shall be covered into the Treasury as 
     miscellaneous receipts.
       Sec. 161. No obligations shall be incurred during the 
     current fiscal year from the construction fund established by 
     the Merchant Marine Act, 1936, or otherwise, in excess of the 
     appropriations and limitations contained in this Act or in 
     any prior appropriation Act.

              Research and Special Programs Administration


                     Research and Special Programs

       For expenses necessary to discharge the functions of the 
     Research and Special Programs Administration, $42,516,000, of 
     which $645,000 shall be derived from the Pipeline Safety 
     Fund, and of which $3,473,000 shall remain available until 
     September 30, 2006: Provided, That up to $1,200,000 in fees 
     collected under 49 U.S.C. 5108(g) shall be deposited in the 
     general fund of the Treasury as offsetting receipts: Provided 
     further, That there may be credited to this appropriation, to 
     be available until expended, funds received from States, 
     counties, municipalities, other public authorities, and 
     private sources for expenses incurred for training, for 
     reports publication and dissemination, and for travel 
     expenses incurred in performance of hazardous materials 
     exemptions and approvals functions.


                            Pipeline Safety

                         (pipeline safety fund)

                    (oil spill liability trust fund)

       For expenses necessary to conduct the functions of the 
     pipeline safety program, for grants-in-aid to carry out a 
     pipeline safety program, as authorized by 49 U.S.C. 60107, 
     and to discharge the pipeline program responsibilities of the 
     Oil Pollution Act of 1990, $67,612,000, of which $17,183,000 
     shall be derived from the Oil Spill Liability Trust Fund and 
     shall remain available until September 30, 2006; of which 
     $50,429,000 shall be derived from the Pipeline Safety Fund, 
     of which $22,710,000 shall remain available until September 
     30, 2006.


                     Emergency Preparedness Grants

                     (emergency preparedness fund)

       For necessary expenses to carry out 49 U.S.C. 5127(c), 
     $200,000, to be derived from the Emergency Preparedness Fund, 
     to remain available until September 30, 2006: Provided, That 
     not more than $14,300,000 shall be made available for 
     obligation in fiscal year 2004 from amounts made available by 
     49 U.S.C. 5116(i) and 5127(d): Provided further, That none of 
     the funds made available by 49 U.S.C. 5116(i) and 5127(d) 
     shall be made available for obligation by individuals other 
     than the Secretary of Transportation, or his designee.

                      Office of Inspector General


                         Salaries and Expenses

       For necessary expenses of the Office of Inspector General 
     to carry out the provisions of the Inspector General Act of 
     1978, as amended, $56,000,000: Provided, That the Inspector 
     General shall have all necessary authority, in carrying out 
     the duties specified in the Inspector General Act, as amended 
     (5 U.S.C. App. 3) to investigate allegations of fraud, 
     including false statements to the government (18 U.S.C. 
     1001), by any person or entity that is subject to regulation 
     by the Department: Provided further, That the funds made 
     available under this heading shall be used to investigate, 
     pursuant to section 41712 of title 49, United States Code: 
     (1) unfair or deceptive practices and unfair methods of 
     competition by domestic and foreign air carriers and ticket 
     agents; and (2) the compliance of domestic and foreign air 
     carriers with respect to item (1) of this proviso.

                      Surface Transportation Board


                         Salaries and Expenses

       For necessary expenses of the Surface Transportation Board, 
     including services authorized by 5 U.S.C. 3109, $19,521,000: 
     Provided, That notwithstanding any other provision of law, 
     not to exceed $1,050,000 from fees established by the 
     Chairman of the Surface Transportation Board shall be 
     credited to this appropriation as offsetting collections and 
     used for necessary and authorized expenses under this 
     heading: Provided further, That the sum herein appropriated 
     from the general fund shall be reduced on a dollar-for-dollar 
     basis as such offsetting collections are received during 
     fiscal year 2004, to result in a final appropriation from the 
     general fund estimated at no more than $18,471,000.

                  TITLE II--DEPARTMENT OF THE TREASURY

                          Departmental Offices


                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses of the Departmental Offices 
     including operation and maintenance of the Treasury Building 
     and Annex; hire of passenger motor vehicles; maintenance, 
     repairs, and improvements of, and purchase of commercial 
     insurance policies for, real properties leased or owned 
     overseas, when necessary for the performance of official 
     business; not to exceed $3,000,000, to remain available until 
     September 30, 2005 for information technology modernization 
     requirements; not to exceed $150,000 for official reception 
     and representation expenses; not to exceed $258,000 for 
     unforeseen emergencies of a confidential nature, to be 
     allocated and expended under the direction of the Secretary 
     of the Treasury and to be accounted for solely on his 
     certificate, $174,809,000: Provided, That the Office of 
     Foreign Assets Control shall be funded at no less than 
     $21,855,000 and 120 full time equivalent positions: Provided 
     further, That of these amounts, $2,900,000 is available for 
     grants to State and local law enforcement groups to help 
     fight money laundering: Provided further, That of these 
     amounts, $3,393,000, to remain available until September 30, 
     2005, shall be for the Treasury-wide Financial Statement 
     Audit Program, of which such amounts as may be necessary may 
     be transferred to accounts of the Department's offices and 
     bureaus to conduct audits: Provided further, That this 
     transfer authority shall be in addition to any other provided 
     in this Act.


        Department-Wide Systems and Capital Investments Programs

                     (including transfer of funds)

       For development and acquisition of automatic data 
     processing equipment, software, and services for the 
     Department of the Treasury, $36,928,000, to remain available 
     until September 30, 2006: Provided, That these funds shall be 
     transferred to accounts and in amounts as necessary to 
     satisfy the requirements of the Department's offices, 
     bureaus, and other organizations: Provided further, That this 
     transfer authority shall be in addition to any other transfer 
     authority provided in this Act: Provided further, That none 
     of the funds appropriated shall be used to support or 
     supplement the Internal Revenue Service appropriations for 
     Information Systems or Business Systems Modernization.


                      Office of Inspector General

                         salaries and expenses

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, not to exceed $2,000,000 for official 
     travel expenses, including hire of passenger motor vehicles; 
     and not to exceed $100,000 for unforeseen emergencies of a 
     confidential nature, to be allocated and expended under the 
     direction of the Inspector General of the Treasury, 
     $12,687,000, of which not to exceed $2,500 shall be available 
     for official reception and representation expenses.


           Treasury Inspector General for Tax Administration

                         salaries and expenses

       For necessary expenses of the Treasury Inspector General 
     for Tax Administration in carrying out the Inspector General 
     Act of 1978, as amended, including purchase (not to exceed 
     150 for replacement only for police-type use) and hire of 
     passenger motor vehicles (31 U.S.C. 1343(b)); services 
     authorized by 5 U.S.C. 3109, at such rates as may be 
     determined by the Inspector General for Tax Administration; 
     not to exceed $6,000,000 for official travel expenses; and 
     not to exceed $500,000 for unforeseen emergencies of a 
     confidential nature, to be allocated and expended under the 
     direction of the Inspector General for Tax Administration, 
     $128,034,000.


                Air Transportation Stabilization Program

       For necessary expenses to administer the Air Transportation 
     Stabilization Board established by section 102 of the Air 
     Transportation Safety and System Stabilization Act (Public 
     Law 107-42), $2,538,000, to remain available until expended.


           Treasury Building and Annex Repair and Restoration

       For the repair, alteration, and improvement of the Treasury 
     Building and Annex, $25,000,000, to remain available until 
     September 30, 2006.

                  Financial Crimes Enforcement Network


                         salaries and expenses

       For necessary expenses of the Financial Crimes Enforcement 
     Network, including hire of passenger motor vehicles; travel 
     expenses of non-Federal law enforcement personnel to attend 
     meetings concerned with financial intelligence activities, 
     law enforcement, and financial regulation; not to exceed 
     $14,000 for official reception and representation expenses; 
     and for assistance to Federal law enforcement agencies, with 
     or without reimbursement, $57,571,000, of which not to exceed 
     $4,500,000 shall remain available until September 30, 2006; 
     and of which

[[Page 25826]]

     $8,152,000 shall remain available until September 30, 2005: 
     Provided, That funds appropriated in this account may be used 
     to procure personal services contracts.

                      Financial Management Service


                         salaries and expenses

       For necessary expenses of the Financial Management Service, 
     $228,558,000, of which not to exceed $9,220,000 shall remain 
     available until September 30, 2006, for information systems 
     modernization initiatives; and of which not to exceed $2,500 
     shall be available for official reception and representation 
     expenses.

                Alcohol and Tobacco Tax and Trade Bureau


                         Salaries and Expenses

       For necessary expenses of carrying out section 1111 of the 
     Homeland Security Act of 2002, including hire of passenger 
     motor vehicles, $80,000,000; of which not to exceed $6,000 
     for official reception and representation expenses; not to 
     exceed $50,000 for cooperative research and development 
     programs for Laboratory Services; and provision of laboratory 
     assistance to State and local agencies with or without 
     reimbursement.

                           United States Mint


               united states mint public enterprise fund

       Pursuant to section 5136 of title 31, United States Code, 
     the United States Mint is provided funding through the United 
     States Mint Public Enterprise Fund for costs associated with 
     the production of circulating coins, numismatic coins, and 
     protective services, including both operating expenses and 
     capital investments. The aggregate amount of new liabilities 
     and obligations incurred during fiscal year 2004 under such 
     section 5136 for circulating coinage and protective service 
     capital investments of the United States Mint shall not 
     exceed $40,652,000.

                       Bureau of the Public Debt


                     administering the public debt

       For necessary expenses connected with any public-debt 
     issues of the United States, $178,052,000, of which not to 
     exceed $2,500 shall be available for official reception and 
     representation expenses, and of which not to exceed 
     $2,000,000 shall remain available until expended for systems 
     modernization: Provided, That the sum appropriated herein 
     from the General Fund for fiscal year 2004 shall be reduced 
     by not more than $4,400,000 as definitive security issue fees 
     and Treasury Direct Investor Account Maintenance fees are 
     collected, so as to result in a final fiscal year 2004 
     appropriation from the general fund estimated at 
     $173,652,000. In addition, $40,000 to be derived from the Oil 
     Spill Liability Trust Fund to reimburse the Bureau for 
     administrative and personnel expenses for financial 
     management of the Fund, as authorized by section 1012 of 
     Public Law 101-380.

                        Internal Revenue Service


                 Processing, Assistance, and Management

       For necessary expenses of the Internal Revenue Service for 
     pre-filing taxpayer assistance and education, filing and 
     account services, shared services support, general management 
     and administration; and services as authorized by 5 U.S.C. 
     3109, at such rates as may be determined by the Commissioner, 
     $4,048,238,000, of which up to $3,950,000 shall be for the 
     Tax Counseling for the Elderly Program, of which $7,000,000 
     shall be available for low-income taxpayer clinic grants, and 
     of which not to exceed $25,000 shall be for official 
     reception and representation expenses.


                          tax law enforcement

       For necessary expenses of the Internal Revenue Service for 
     determining and establishing tax liabilities; providing 
     litigation support; conducting criminal investigation and 
     enforcement activities; securing unfiled tax returns; 
     collecting unpaid accounts; conducting a document matching 
     program; resolving taxpayer problems through prompt 
     identification, referral and settlement; resolving essential 
     earned income tax credit compliance and error problems; 
     compiling statistics of income and conducting compliance 
     research; purchase (for police-type use, not to exceed 850) 
     and hire of passenger motor vehicles (31 U.S.C. 1343(b)); and 
     services as authorized by U.S.C. 3109, at such rates as may 
     be determined by the Commissioner, $4,172,808,000, of which 
     not to exceed $1,000,000 shall remain available until 
     September 30, 2006, for research: Provided, That such sums 
     may be transferred as necessary from this account to the IRS 
     Processing, Assistance, and Management appropriation or the 
     IRS Information Systems appropriation solely for the purposes 
     of management of the Earned Income Tax Compliance program and 
     to reimburse the Social Security Administration for the cost 
     of implementing section 1090 of the Taxpayer Relief Act of 
     1997 (Public Law 105-33): Provided further, That this 
     transfer authority shall be in addition to any other transfer 
     authority provided in this Act.


                          Information Systems

       For necessary expenses of the Internal Revenue Service for 
     information systems and telecommunications support, including 
     developmental information systems and operational information 
     systems; the hire of passenger motor vehicles (31 U.S.C. 
     1343(b)); and services as authorized by 5 U.S.C. 3109, at 
     such rates as may be determined by the Commissioner, 
     $1,590,962,000, of which $200,000,000 shall remain available 
     until September 30, 2005.


                     business systems modernization

       For necessary expenses of the Internal Revenue Service, 
     $429,000,000, to remain available until September 30, 2006, 
     for the capital asset acquisition of information technology 
     systems, including management and related contractual costs 
     of said acquisitions, including contractual costs associated 
     with operations authorized by 5 U.S.C. 3109: Provided, That 
     none of these funds may be obligated until the Internal 
     Revenue Service submits to the Committees on Appropriations, 
     and such Committees approve, a plan for expenditure that: (1) 
     meets the capital planning and investment control review 
     requirements established by the Office of Management and 
     Budget, including Circular A-11 part 3; (2) complies with the 
     Internal Revenue Service's enterprise architecture, including 
     the modernization blueprint; (3) conforms with the Internal 
     Revenue Service's enterprise life cycle methodology; (4) is 
     approved by the Internal Revenue Service, the Department of 
     the Treasury, and the Office of Management and Budget; (5) 
     has been reviewed by the General Accounting Office; and (6) 
     complies with the acquisition rules, requirements, 
     guidelines, and systems acquisition management practices of 
     the Federal Government.


               HEALTH INSURANCE TAX CREDIT ADMINISTRATION

       For expenses necessary to implement the health insurance 
     tax credit included in the Trade Act of 2002 (Public Law 107-
     210), $35,000,000, to remain available until September 30, 
     2005.


              General Provisions--Internal Revenue Service

       Sec. 201. Not to exceed 5 percent of any appropriation made 
     available in this Act to the Internal Revenue Service may be 
     transferred to any other Internal Revenue Service 
     appropriation upon the advance approval of the Committees on 
     Appropriations.
       Sec. 202. The Internal Revenue Service shall maintain a 
     training program to ensure that Internal Revenue Service 
     employees are trained in taxpayers' rights, in dealing 
     courteously with the taxpayers, and in cross-cultural 
     relations.
       Sec. 203. The Internal Revenue Service shall institute and 
     enforce policies and procedures that will safeguard the 
     confidentiality of taxpayer information.
       Sec. 204. Funds made available by this or any other Act to 
     the Internal Revenue Service shall be available for improved 
     facilities and increased manpower to provide sufficient and 
     effective 1-800 help line service for taxpayers. The 
     Commissioner shall continue to make the improvement of the 
     Internal Revenue Service 1-800 help line service a priority 
     and allocate resources necessary to increase phone lines and 
     staff to improve the Internal Revenue Service 1-800 help line 
     service.
       Sec. 205. None of the funds made available in this Act may 
     be used by the Secretary of the Treasury or his delegate to 
     issue any rule or regulation which implements the proposed 
     amendments to Internal Revenue Service regulations set forth 
     in REG-209500-86 and REG-164464-02, filed December 10, 2002, 
     or any amendments reaching results similar to such proposed 
     amendments.
       Sec. 206. Study on Earned Income Tax Credit Certification 
     Program. (a) Study.--The Internal Revenue Service shall 
     conduct a study, as a part of any program that requires 
     certification (including pre-certification) in order to claim 
     the earned income tax credit under section 32 of the Internal 
     Revenue Code of 1986, on the following matters:
       (1) The costs (in time and money) incurred by the 
     participants in the program.
       (2) The administrative costs incurred by the Internal 
     Revenue Service in operating the program.
       (3) The percentage of individuals included in the program 
     who were not certified for the credit, including the 
     percentage of individuals who were not certified due to--
       (A) ineligibility for the credit; and
       (B) failure to complete the requirements for certification.
       (4) The percentage of individuals to whom paragraph (3)(B) 
     applies who were--
       (A) otherwise eligible for the credit; and
       (B) otherwise ineligible for the credit.
       (5) The percentage of individuals to whom paragraph (3)(B) 
     applies who--
       (A) did not respond to the request for certification; and
       (B) responded to such request but otherwise failed to 
     complete the requirements for certification.
       (6) The reasons--
       (A) for which individuals described in paragraph (5)(A) did 
     not respond to requests for certification; and
       (B) for which individuals described in paragraph (5)(B) had 
     difficulty in completing the requirements for certification.
       (7) The characteristics of those individuals who were 
     denied the credit due to--
       (A) failure to complete the requirements for certification; 
     and
       (B) ineligibility for the credit.
       (8) The impact of the program on non-English speaking 
     participants.
       (9) The impact of the program on homeless and other highly 
     transient individuals.
       (b) Report.--
       (1) Preliminary report.--Not later than July 30, 2004, the 
     Commissioner of the Internal Revenue Service shall submit to 
     Congress a preliminary report on the study conducted under 
     subsection (a).
       (2) Final report.--Not later than June 30, 2005, the 
     Commissioner of the Internal Revenue Service shall submit to 
     Congress a final report detailing the findings of the study 
     conducted under subsection (a).

             General Provisions--Department of the Treasury

       Sec. 210. Appropriations to the Department of the Treasury 
     in this Act shall be available for

[[Page 25827]]

     uniforms or allowances therefor, as authorized by law (5 
     U.S.C. 5901), including maintenance, repairs, and cleaning; 
     purchase of insurance for official motor vehicles operated in 
     foreign countries; purchase of motor vehicles without regard 
     to the general purchase price limitations for vehicles 
     purchased and used overseas for the current fiscal year; 
     entering into contracts with the Department of State for the 
     furnishing of health and medical services to employees and 
     their dependents serving in foreign countries; and services 
     authorized by 5 U.S.C. 3109.
       Sec. 211. Not to exceed 2 percent of any appropriations in 
     this Act made available to the Departmental Offices--Salaries 
     and Expenses, Office of Inspector General, Financial 
     Management Service, Alcohol and Tobacco Tax and Trade Bureau, 
     Financial Crime Enforcement Network, and Bureau of the Public 
     Debt, may be transferred between such appropriations upon the 
     advance approval of the Committees on Appropriations. No 
     transfer may increase or decrease any such appropriation by 
     more than 2 percent.
       Sec. 212. Not to exceed 2 percent of any appropriation made 
     available in this Act to the Internal Revenue Service may be 
     transferred to the Treasury Inspector General for Tax 
     Administration's appropriation upon the advance approval of 
     the Committees on Appropriations. No transfer may increase or 
     decrease any such appropriation by more than 2 percent.
       Sec. 213. Of the funds available for the purchase of law 
     enforcement vehicles, no funds may be obligated until the 
     Secretary of the Treasury certifies that the purchase by the 
     respective Treasury bureau is consistent with Departmental 
     vehicle management principles: Provided, That the Secretary 
     may delegate this authority to the Assistant Secretary for 
     Management.
       Sec. 214. None of the funds appropriated in this Act or 
     otherwise available to the Department of the Treasury or the 
     Bureau of Engraving and Printing may be used to redesign the 
     $1 Federal Reserve note.
       Sec. 215. The Secretary of the Treasury may transfer funds 
     from ``Salaries and Expenses'', Financial Management Service, 
     to the Debt Services Account as necessary to cover the costs 
     of debt collection: Provided, That such amounts shall be 
     reimbursed to such Salaries and Expenses account from debt 
     collections received in the Debt Services Account.
       Sec. 216. Section 122(g)(1) of Public Law 105-119 (5 U.S.C. 
     3104 note), is further amended by striking ``5 years'' and 
     inserting ``6 years''.
       Sec. 217. None of the funds appropriated or otherwise made 
     available by this or any other Act may be used by the United 
     States Mint to construct or operate any museum without the 
     explicit approval of the House Committee on Financial 
     Services and the Senate Committee on Banking, Housing, and 
     Urban Affairs.
       Sec. 218. Beginning in fiscal year 2004 and thereafter, 
     there are appropriated to the Secretary of the Treasury such 
     sums as may be necessary to reimburse financial institutions 
     in their capacity as depositaries and financial agents of the 
     United States for all services required or directed by the 
     Secretary of the Treasury, or his designee, to be performed 
     by such financial institutions on behalf of the Treasury or 
     other Federal agencies, including services rendered prior to 
     fiscal year 2004.

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

        Compensation of the President and the White House Office


                     compensation of the president

       For compensation of the President, including an expense 
     allowance at the rate of $50,000 per annum as authorized by 3 
     U.S.C. 102, $450,000: Provided, That none of the funds made 
     available for official expenses shall be expended for any 
     other purpose and any unused amount shall revert to the 
     Treasury pursuant to section 1552 of title 31, United States 
     Code: Provided further, That none of the funds made available 
     for official expenses shall be considered as taxable to the 
     President.


                         salaries and expenses

       For necessary expenses for the White House as authorized by 
     law, including not to exceed $3,850,000 for services as 
     authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence 
     expenses as authorized by 3 U.S.C. 105, which shall be 
     expended and accounted for as provided in that section; hire 
     of passenger motor vehicles, newspapers, periodicals, 
     teletype news service, and travel (not to exceed $100,000 to 
     be expended and accounted for as provided by 3 U.S.C. 103); 
     and not to exceed $19,000 for official entertainment 
     expenses, to be available for allocation within the Executive 
     Office of the President, $61,937,000: Provided, That 
     $8,650,000 of the funds appropriated shall be available for 
     reimbursements to the White House Communications Agency.

                 Executive Residence at the White House


                           operating expenses

       For the care, maintenance, repair and alteration, 
     refurnishing, improvement, heating, and lighting, including 
     electric power and fixtures, of the Executive Residence at 
     the White House and official entertainment expenses of the 
     President, $12,501,000, to be expended and accounted for as 
     provided by 3 U.S.C. 105, 109, 110, and 112-114.


                         reimbursable expenses

       For the reimbursable expenses of the Executive Residence at 
     the White House, such sums as may be necessary: Provided, 
     That all reimbursable operating expenses of the Executive 
     Residence shall be made in accordance with the provisions of 
     this paragraph: Provided further, That, notwithstanding any 
     other provision of law, such amount for reimbursable 
     operating expenses shall be the exclusive authority of the 
     Executive Residence to incur obligations and to receive 
     offsetting collections, for such expenses: Provided further, 
     That the Executive Residence shall require each person 
     sponsoring a reimbursable political event to pay in advance 
     an amount equal to the estimated cost of the event, and all 
     such advance payments shall be credited to this account and 
     remain available until expended: Provided further, That the 
     Executive Residence shall require the national committee of 
     the political party of the President to maintain on deposit 
     $25,000, to be separately accounted for and available for 
     expenses relating to reimbursable political events sponsored 
     by such committee during such fiscal year: Provided further, 
     That the Executive Residence shall ensure that a written 
     notice of any amount owed for a reimbursable operating 
     expense under this paragraph is submitted to the person owing 
     such amount within 60 days after such expense is incurred, 
     and that such amount is collected within 30 days after the 
     submission of such notice: Provided further, That the 
     Executive Residence shall charge interest and assess 
     penalties and other charges on any such amount that is not 
     reimbursed within such 30 days, in accordance with the 
     interest and penalty provisions applicable to an outstanding 
     debt on a United States Government claim under section 3717 
     of title 31, United States Code: Provided further, That each 
     such amount that is reimbursed, and any accompanying interest 
     and charges, shall be deposited in the Treasury as 
     miscellaneous receipts: Provided further, That the Executive 
     Residence shall prepare and submit to the Committees on 
     Appropriations, by not later than 90 days after the end of 
     the fiscal year covered by this Act, a report setting forth 
     the reimbursable operating expenses of the Executive 
     Residence during the preceding fiscal year, including the 
     total amount of such expenses, the amount of such total that 
     consists of reimbursable official and ceremonial events, the 
     amount of such total that consists of reimbursable political 
     events, and the portion of each such amount that has been 
     reimbursed as of the date of the report: Provided further, 
     That the Executive Residence shall maintain a system for the 
     tracking of expenses related to reimbursable events within 
     the Executive Residence that includes a standard for the 
     classification of any such expense as political or 
     nonpolitical: Provided further, That no provision of this 
     paragraph may be construed to exempt the Executive Residence 
     from any other applicable requirement of subchapter I or II 
     of chapter 37 of title 31, United States Code.


                   White House Repair and Restoration

       For the repair, alteration, and improvement of the 
     Executive Residence at the White House, $4,225,000, to remain 
     available until expended, for required maintenance, safety 
     and health issues, and continued preventative maintenance.

 Special Assistance to the President and the Official Residence of the 
                             Vice President


                         salaries and expenses

       For necessary expenses to enable the Vice President to 
     provide assistance to the President in connection with 
     specially assigned functions; services as authorized by 5 
     U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses 
     as authorized by 3 U.S.C. 106, which shall be expended and 
     accounted for as provided in that section; and hire of 
     passenger motor vehicles, $4,461,000.


                           Operating Expenses

                     (INCLUDING TRANSFER OF FUNDS)

       For the care, operation, refurnishing, improvement, and to 
     the extent not otherwise provided for, heating and lighting, 
     including electric power and fixtures, of the official 
     residence of the Vice President; the hire of passenger motor 
     vehicles; and not to exceed $90,000 for official 
     entertainment expenses of the Vice President, to be accounted 
     for solely on his certificate, $331,000: Provided, That 
     advances or repayments or transfers from this appropriation 
     may be made to any department or agency for expenses of 
     carrying out such activities.

                      Council of Economic Advisers


                         salaries and expenses

       For necessary expenses of the Council of Economic Advisors 
     in carrying out its functions under the Employment Act of 
     1946 (15 U.S.C. 1021), $4,502,000.

                      Office of Policy Development


                         salaries and expenses

       For necessary expenses of the Office of Policy Development, 
     including services as authorized by 5 U.S.C. 3109 and 3 
     U.S.C. 107, $4,109,000.

                       National Security Council


                         salaries and expenses

       For necessary expenses of the National Security Council, 
     including services as authorized by 5 U.S.C. 3109, 
     $10,551,000.

                       Homeland Security Council

       For necessary expenses of the Homeland Security Council, 
     including services authorized by 5 U.S.C. 3109, $8,331,000.

                        Office of Administration


                         salaries and expenses

       For necessary expenses of the Office of Administration, 
     including services as authorized by 5 U.S.C. 3109 and 3 
     U.S.C. 107, and hire of passenger motor vehicles, 
     $77,164,000, of which

[[Page 25828]]

     $20,578,000 shall remain available until expended for the 
     Capital Investment Plan for continued modernization of the 
     information technology infrastructure within the Executive 
     Office of the President: Provided, That the Executive Office 
     of the President shall submit a report to the Committees on 
     Appropriations that includes a current description of: (1) 
     the Enterprise Architecture, as defined in OMB Circular A-130 
     and the Federal Chief Information Officers Council guidance; 
     (2) the Information Technology (IT) Human Capital Plan; (3) 
     the capital investment plan for implementing the Enterprise 
     Architecture; and (4) the IT capital planning and investment 
     control process: Provided further, That this report shall be 
     reviewed and approved by the Office of Management and Budget, 
     and reviewed by the General Accounting Office.

                    Office of Management and Budget


                         salaries and expenses

       For necessary expenses of the Office of Management and 
     Budget, including hire of passenger motor vehicles and 
     services as authorized by 5 U.S.C. 3109, $75,417,000, of 
     which not to exceed $3,000 shall be available for official 
     representation expenses: Provided, That, as provided in 31 
     U.S.C. 1301(a), appropriations shall be applied only to the 
     objects for which appropriations were made except as 
     otherwise provided by law: Provided further, That none of the 
     funds appropriated in this Act for the Office of Management 
     and Budget may be used for the purpose of reviewing any 
     agricultural marketing orders or any activities or 
     regulations under the provisions of the Agricultural 
     Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.): 
     Provided further, That none of the funds made available for 
     the Office of Management and Budget by this Act may be 
     expended for the altering of the transcript of actual 
     testimony of witnesses, except for testimony of officials of 
     the Office of Management and Budget, before the Committees on 
     Appropriations or the Committees on Veterans' Affairs or 
     their subcommittees: Provided further, That the preceding 
     shall not apply to printed hearings released by the 
     Committees on Appropriations or the Committees on Veterans' 
     Affairs: Provided further, That none of the funds 
     appropriated in this Act may be available to pay the salary 
     or expenses of any employee of the Office of Management and 
     Budget who calculates, prepares, or approves any tabular or 
     other material that proposes the sub-allocation of budget 
     authority or outlays by the Committees on Appropriations 
     among their subcommittees.

                 Office of National Drug Control Policy


                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses of the Office of National Drug 
     Control Policy; for research activities pursuant to the 
     Office of National Drug Control Policy Reauthorization Act of 
     1998 (21 U.S.C. 1701 et seq.); not to exceed $10,000 for 
     official reception and representation expenses; and for 
     participation in joint projects or in the provision of 
     services on matters of mutual interest with nonprofit, 
     research, or public organizations or agencies, with or 
     without reimbursement, $27,996,500; of which $1,350,000 shall 
     remain available until expended for policy research and 
     evaluation; and $1,500,000 for the National Alliance for 
     Model State Drug Laws: Provided, That the Office is 
     authorized to accept, hold, administer, and utilize gifts, 
     both real and personal, public and private, without fiscal 
     year limitation, for the purpose of aiding or facilitating 
     the work of the Office.


                counterdrug technology assessment center

                     (including transfer of funds)

       For necessary expenses for the Counterdrug Technology 
     Assessment Center for research activities pursuant to the 
     Office of National Drug Control Policy Reauthorization Act of 
     1998 (21 U.S.C. 1701 et seq.), $42,000,000, which shall 
     remain available until expended, consisting of $18,000,000 
     for counternarcotics research and development projects, and 
     $24,000,000 for the continued operation of the technology 
     transfer program: Provided, That the $18,000,000 for 
     counternarcotics research and development projects shall be 
     available for transfer to other Federal departments or 
     agencies.

                     Federal Drug Control Programs


             high intensity drug trafficking areas program

                     (including transfer of funds)

       For necessary expenses of the Office of National Drug 
     Control Policy's High Intensity Drug Trafficking Areas 
     Program, $226,350,000, for drug control activities consistent 
     with the approved strategy for each of the designated High 
     Intensity Drug Trafficking Areas, of which no less than 51 
     percent shall be transferred to State and local entities for 
     drug control activities, which shall be obligated within 120 
     days of the date of the enactment of this Act: Provided, That 
     up to 49 percent, to remain available until September 30, 
     2005, may be transferred to Federal agencies and departments 
     at a rate to be determined by the Director, of which not less 
     than $2,100,000 shall be used for auditing services and 
     associated activities: Provided further, That High Intensity 
     Drug Trafficking Areas Programs designated as of September 
     30, 2002, shall be funded at no less than the fiscal year 
     2002 initial allocation levels unless the Director submits to 
     the Committees on Appropriations, and the Committees approve, 
     justification for changes in those levels based on clearly 
     articulated priorities for the High Intensity Drug 
     Trafficking Areas Programs, as well as published Office of 
     National Drug Control Policy performance measures of 
     effectiveness: Provided further, That a request shall be 
     submitted to the Committees on Appropriations for approval 
     prior to the expenditure of funds of an amount in excess of 
     the fiscal year 2004 budget request: Provided further, That 
     such request shall be made in compliance with the 
     reprogramming guidelines: Provided further, That no funds 
     shall be used for any further or additional consolidation of 
     the Southwest Border High Intensity Drug Trafficking Area, 
     except for the operation of an office with a coordinating 
     role, until the Office submits a report on the structure of 
     the Southwest Border High Intensity Drug Trafficking Area.


                  Other Federal Drug Control Programs

                     (including transfer of funds)

       For activities to support a national anti-drug campaign for 
     youth, and for other purposes, authorized by the Office of 
     National Drug Control Policy Reauthorization Act of 1998 (21 
     U.S.C. 1701 et seq.), $174,000,000, to remain available until 
     expended, of which the following amounts are available as 
     follows: $100,000,000 to support a national media campaign, 
     as authorized by the Drug-Free Media Campaign Act of 1998; 
     $60,000,000 to continue a program of matching grants to drug-
     free communities, of which $1,000,000 shall be a directed 
     grant to the Community Anti-Drug Coalitions of America for 
     the National Community Anti-Drug Coalition Institute, as 
     authorized in chapter 2 of the National Narcotics Leadership 
     Act of 1988, as amended; $1,500,000 for the Counterdrug 
     Intelligence Executive Secretariat; $2,000,000 for 
     evaluations and research related to National Drug Control 
     Program performance measures; $1,000,000 for the National 
     Drug Court Institute; $7,200,000 for the United States Anti-
     Doping Agency for anti-doping activities; and $800,000 for 
     the United States membership dues to the World Anti-Doping 
     Agency: Provided, That such funds may be transferred to other 
     Federal departments and agencies to carry out such 
     activities.

                          Unanticipated Needs

       For expenses necessary to enable the President to meet 
     unanticipated needs, in furtherance of the national interest, 
     security, or defense which may arise at home or abroad during 
     the current fiscal year, as authorized by 3 U.S.C. 108, 
     $1,000,000.

                     TITLE IV--INDEPENDENT AGENCIES

       Architectural and Transportation Barriers Compliance Board


                         Salaries and Expenses

       For expenses necessary for the Architectural and 
     Transportation Barriers Compliance Board, as authorized by 
     section 502 of the Rehabilitation Act of 1973, as amended 
     $5,401,000: Provided, That, notwithstanding any other 
     provision of law, there may be credited to this appropriation 
     funds received for publications and training expenses.

 Committee for Purchase From People Who Are Blind or Severely Disabled


                         salaries and expenses

       For necessary expenses of the Committee for Purchase From 
     People Who Are Blind or Severely Disabled established by 
     Public Law 92-28, $4,725,000.

                     Election Assistance Commission

       For necessary expenses of the Election Assistance 
     Commission, $1,500,000,000, for providing grants to assist 
     State and local efforts to improve election technology and 
     the administration of Federal elections, as authorized by the 
     Help America Vote Act of 2002: Provided, That no more than 
     \1/10\ of 1 percent of funds available for requirements 
     payments under Section 257 of the Help America Vote Act of 
     2002 shall be allocated to any territory.

                      Federal Election Commission


                         salaries and expenses

       For necessary expenses to carry out the provisions of the 
     Federal Election Campaign Act of 1971, as amended, 
     $50,440,000, of which not to exceed $5,000 shall be available 
     for reception and representation expenses.

                   Federal Labor Relations Authority


                         salaries and expenses

       For necessary expenses to carry out functions of the 
     Federal Labor Relations Authority, pursuant to Reorganization 
     Plan Numbered 2 of 1978, and the Civil Service Reform Act of 
     1978, including services authorized by 5 U.S.C. 3109, and 
     including hire of experts and consultants, hire of passenger 
     motor vehicles, and rental of conference rooms in the 
     District of Columbia and elsewhere, $29,611,000: Provided, 
     That public members of the Federal Service Impasses Panel may 
     be paid travel expenses and per diem in lieu of subsistence 
     as authorized by law (5 U.S.C. 5703) for persons employed 
     intermittently in the Government service, and compensation as 
     authorized by 5 U.S.C. 3109: Provided further, That 
     notwithstanding 31 U.S.C. 3302, funds received from fees 
     charged to non-Federal participants at labor-management 
     relations conferences shall be credited to and merged with 
     this account, to be available without further appropriation 
     for the costs of carrying out these conferences.

                      Federal Maritime Commission


                         Salaries and Expenses

       For necessary expenses of the Federal Maritime Commission 
     as authorized by section 201(d) of the Merchant Marine Act, 
     1936, as amended (46 U.S.C. App. 1111), including services as 
     authorized by 5 U.S.C. 3109; hire of passenger motor vehicles 
     as authorized by 31 U.S.C. 1343(b); and uniforms or 
     allowances therefore, as authorized by 5 U.S.C. 5901-5902, 
     $18,471,000:

[[Page 25829]]

     Provided, That not to exceed $2,000 shall be available for 
     official reception and representation expenses.

                    General Services Administration


                        Real Property Activities

                         Federal Buildings Fund

                 limitations on availability of revenue

                     (including transfer of funds)

       For an additional amount to be deposited in, and to be used 
     for the purposes of, the Fund established pursuant to section 
     210(f) of the Federal Property and Administrative Services 
     Act of 1949, as amended (40 U.S.C. 592), $407,000,000. The 
     revenues and collections deposited into the Fund shall be 
     available for necessary expenses of real property management 
     and related activities not otherwise provided for, including 
     operation, maintenance, and protection of federally owned and 
     leased buildings; rental of buildings in the District of 
     Columbia; restoration of leased premises; moving governmental 
     agencies (including space adjustments and telecommunications 
     relocation expenses) in connection with the assignment, 
     allocation and transfer of space; contractual services 
     incident to cleaning or servicing buildings, and moving; 
     repair and alteration of federally owned buildings including 
     grounds, approaches and appurtenances; care and safeguarding 
     of sites; maintenance, preservation, demolition, and 
     equipment; acquisition of buildings and sites by purchase, 
     condemnation, or as otherwise authorized by law; acquisition 
     of options to purchase buildings and sites; conversion and 
     extension of federally owned buildings; preliminary planning 
     and design of projects by contract or otherwise; construction 
     of new buildings (including equipment for such buildings); 
     and payment of principal, interest, and any other obligations 
     for public buildings acquired by installment purchase and 
     purchase contract; in the aggregate amount of $6,717,247,000, 
     of which: (1) $659,668,000 shall remain available until 
     expended for construction (including funds for sites and 
     expenses and associated design and construction services) of 
     additional projects at the following locations:
       New Construction:
       Alabama:
       Anniston, United States Courthouse, $4,400,000
       Tuscaloosa, Federal Building, $7,500,000
       California:
       Los Angeles, United States Courthouse, $50,000,000
       San Diego, Border Station, $34,211,000
       Colorado:
       Denver Federal Center, site remediation, $6,000,000
       Florida:
       Orlando, United States Courthouse, $7,200,000
       Maine:
       Jackman, Border Station, $7,712,000
       Maryland:
       Montgomery County, Food and Drug Administration 
     Consolidation, $45,000,000
       Suitland, United States Census Bureau, $146,451,000
       Michigan:
       Detroit, Ambassador Bridge Border Station, $25,387,000
       New York:
       Champlain, Border Station, $31,031,000
       North Carolina:
       Charlotte, United States Courthouse, $8,500,000
       Ohio:
       Toledo, United States Courthouse, $6,500,000
       Pennsylvania:
       Harrisburg, PA, United States Courthouse, $26,000,000
       South Carolina:
       Greenville, United States Courthouse, $11,000,000
       Texas:
       Del Rio, Border Station, $23,966,000
       Eagle Pass, Border Station, $31,980,000
       Houston, Federal Bureau of Investigation, $58,080,000
       McAllen, Border Station, $17,938,000
       San Antonio, United States Courthouse, $8,000,000
       Virginia:
       Richmond, United States Courthouse, $83,000,000
       Washington:
       Blaine, Border Station, $9,812,000
       Nonprospectus Construction, $10,000,000:
     Provided, That each of the foregoing limits of costs on new 
     construction projects may be exceeded to the extent that 
     savings are effected in other such projects, but not to 
     exceed 10 percent of the amounts included in an approved 
     prospectus, if required, unless advance approval is obtained 
     from the Committees on Appropriations of a greater amount: 
     Provided further, That all funds for direct construction 
     projects shall expire on September 30, 2005, and remain in 
     the Federal Buildings Fund except for funds for projects as 
     to which funds for design or other funds have been obligated 
     in whole or in part prior to such date; (2) $1,000,939,000 
     shall remain available until expended for repairs and 
     alterations, which includes associated design and 
     construction services: Provided further, That funds in the 
     Federal Buildings Fund for Repairs and Alterations shall, for 
     prospectus projects, be limited to the amount by project, as 
     follows, except each project may be increased by an amount 
     not to exceed 10 percent unless advance approval is obtained 
     from the Committees on Appropriations of a greater amount:
       Repairs and Alterations:
       Colorado:
       Denver, Byron G. Rogers Federal Building--Courthouse, 
     $39,436,000
       District of Columbia:
       320 First Street, $7,485,000
       Eisenhower Executive Office Building, $65,757,000
       Federal Office Building 8, $134,872,000
       Main Interior Building, $15,603,000
       Fire & Life Safety, $68,188,000
       Georgia:
       Atlanta, Richard B. Russell Federal Building, $32,173,000
       Illinois:
       Chicago, Dirksen Courthouse & Kluczynski Federal Building, 
     $24,056,000
       Springfield, Paul H. Findley Federal Building--Courthouse, 
     $6,183,000
       Indiana:
       Terra Haute Federal Building--Post Office, $4,600,000
       Massachusetts:
       Boston, John W. McCormack Post Office and Courthouse, 
     $73,037,000
       New York:
       Brooklyn, Emanuel Celler Courthouse, $65,511,000
       North Dakota:
       Fargo, Federal Building--Post Office, $5,801,000
       Ohio:
       Columbus, John W. Bricker Federal Building, $10,707,000
       Washington:
       Auburn, Building 7, Auburn Federal Building, $18,315,000
       Bellingham, Federal Building, $2,610,000
       Seattle, Henry M. Jackson Federal Building, $6,868,000
       Special Emphasis Programs:
       Chlorofluorocarbons Program, $5,000,000
       Energy Program, $5,000,000
       Glass Fragmentation Program, $20,000,000
       Design Program, $34,737,000
       Basic Repairs and Alterations, $355,000,000:
     Provided further, That funds made available in any previous 
     Act in the Federal Buildings Fund for Repairs and Alterations 
     shall, for prospectus projects, be limited to the amount 
     identified for each project, except each project in any 
     previous Act may be increased by an amount not to exceed 10 
     percent unless advance approval is obtained from the 
     Committees on Appropriations of a greater amount: Provided 
     further, That additional projects for which prospectuses have 
     been fully approved may be funded under this category only if 
     advance approval is obtained from the Committees on 
     Appropriations: Provided further, That the amounts provided 
     in this or any prior Act for ``Repairs and Alterations'' may 
     be used to fund costs associated with implementing security 
     improvements to buildings necessary to meet the minimum 
     standards for security in accordance with current law and in 
     compliance with the reprogramming guidelines of the 
     appropriate Committees of the House and Senate: Provided 
     further, That the difference between the funds appropriated 
     and expended on any projects in this or any prior Act, under 
     the heading ``Repairs and Alterations'', may be transferred 
     to Basic Repairs and Alterations or used to fund authorized 
     increases in prospectus projects: Provided further, That all 
     funds for repairs and alterations prospectus projects shall 
     expire on September 30, 2005 and remain in the Federal 
     Buildings Fund except funds for projects as to which funds 
     for design or other funds have been obligated in whole or in 
     part prior to such date: Provided further, That the amount 
     provided in this or any prior Act for Basic Repairs and 
     Alterations may be used to pay claims against the Government 
     arising from any projects under the heading ``Repairs and 
     Alterations'' or used to fund authorized increases in 
     prospectus projects: Provided further, That the funds 
     available herein for repairs to the Bellingham, Washington, 
     Federal Building, shall be available for transfer to the city 
     of Bellingham, Washington, subject to disposal of the 
     building to the city; (3) $169,745,000 for installment 
     acquisition payments including payments on purchase contracts 
     which shall remain available until expended; (4) 
     $3,278,187,000 for rental of space which shall remain 
     available until expended; and (5) $1,608,708,000 for building 
     operations which shall remain available until expended: 
     Provided further, That funds available to the General 
     Services Administration shall not be available for expenses 
     of any construction, repair, alteration and acquisition 
     project for which a prospectus, if required by the Public 
     Buildings Act of 1959, as amended, has not been approved, 
     except that necessary funds may be expended for each project 
     for required expenses for the development of a proposed 
     prospectus: Provided further, That funds available in the 
     Federal Buildings Fund may be expended for emergency repairs 
     when advance approval is obtained from the Committees on 
     Appropriations: Provided further, That amounts necessary to 
     provide reimbursable special services to other agencies under 
     section 210(f)(6) of the Federal Property and Administrative 
     Services Act of 1949, as amended (40 U.S.C. 592(b)(2)) and 
     amounts to provide such reimbursable fencing, lighting, guard 
     booths, and other facilities on private or other property not 
     in Government ownership or control as may be appropriate to 
     enable the United States Secret Service to perform its 
     protective functions pursuant to 18 U.S.C. 3056, shall be 
     available from such revenues and collections: Provided 
     further, That revenues and collections and any other sums 
     accruing to this Fund during fiscal year 2004, excluding 
     reimbursements under section 210(f)(6) of the Federal 
     Property and Administrative Services Act of 1949 (40 U.S.C. 
     592(b)(2)) in excess of $6,717,247,000 shall remain in the 
     Fund

[[Page 25830]]

     and shall not be available for expenditure except as 
     authorized in appropriations Acts.


                           general activities

                         Government-wide Policy

       For expenses authorized by law, not otherwise provided for, 
     for Government-wide policy and evaluation activities 
     associated with the management of real and personal property 
     assets and certain administrative services; Government-wide 
     policy support responsibilities relating to acquisition, 
     telecommunications, information technology management, and 
     related technology activities; and services as authorized by 
     5 U.S.C. 3109, $61,781,000.


                           operating expenses

       For expenses authorized by law, not otherwise provided for, 
     for Government-wide activities associated with utilization 
     and donation of surplus personal property; disposal of real 
     property; telecommunications, information technology 
     management, and related technology activities; providing 
     citizens with Internet access to Federal information and 
     services; agency-wide policy direction and management, and 
     Board of Contract Appeals; accounting, records management, 
     and other support services incident to adjudication of Indian 
     Tribal Claims by the United States Court of Federal Claims; 
     services as authorized by 5 U.S.C. 3109; and not to exceed 
     $7,500 for official reception and representation expenses, 
     $85,083,000.


                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     and services authorized by 5 U.S.C. 3109, $39,169,000: 
     Provided, That not to exceed $15,000 shall be available for 
     payment for information and detection of fraud against the 
     Government, including payment for recovery of stolen 
     Government property: Provided further, That not to exceed 
     $2,500 shall be available for awards to employees of other 
     Federal agencies and private citizens in recognition of 
     efforts and initiatives resulting in enhanced Office of 
     Inspector General effectiveness.


                   electronic government (e-gov) fund

                     (including transfer of funds)

       For necessary expenses in support of interagency projects 
     that enable the Federal Government to expand its ability to 
     conduct activities electronically, through the development 
     and implementation of innovative uses of the Internet and 
     other electronic methods, $5,000,000, to remain available 
     until expended: Provided, That these funds may be transferred 
     to Federal agencies to carry out the purposes of the Fund: 
     Provided further, That this transfer authority shall be in 
     addition to any other transfer authority provided in this 
     Act: Provided further, That such transfers may not be made 
     until 10 days after a proposed spending plan and 
     justification for each project to be undertaken has been 
     submitted to the Committees on Appropriations.

           allowances and office staff for former presidents


                     (including transfer of funds)

       For carrying out the provisions of the Act of August 25, 
     1958, as amended (3 U.S.C. 102 note), and Public Law 95-138, 
     $3,393,000: Provided, That the Administrator of General 
     Services shall transfer to the Secretary of the Treasury such 
     sums as may be necessary to carry out the provisions of such 
     Acts.


          General Services Administration--General Provisions

       Sec. 401. The appropriate appropriation or fund available 
     to the General Services Administration shall be credited with 
     the cost of operation, protection, maintenance, upkeep, 
     repair, and improvement, included as part of rentals received 
     from Government corporations pursuant to law (40 U.S.C. 129).
       Sec. 402. Funds available to the General Services 
     Administration shall be available for the hire of passenger 
     motor vehicles.
       Sec. 403. Funds in the Federal Buildings Fund made 
     available for fiscal year 2004 for Federal Buildings Fund 
     activities may be transferred between such activities only to 
     the extent necessary to meet program requirements: Provided, 
     That any proposed transfers shall be approved in advance by 
     the Committees on Appropriations.
       Sec. 404. No funds made available by this Act shall be used 
     to transmit a fiscal year 2005 request for United States 
     Courthouse construction that: (1) does not meet the design 
     guide standards for construction as established and approved 
     by the General Services Administration, the Judicial 
     Conference of the United States, and the Office of Management 
     and Budget; and (2) does not reflect the priorities of the 
     Judicial Conference of the United States as set out in its 
     approved 5-year construction plan: Provided, That the fiscal 
     year 2005 request must be accompanied by a standardized 
     courtroom utilization study of each facility to be 
     constructed, replaced, or expanded.
       Sec. 405. None of the funds provided in this Act may be 
     used to increase the amount of occupiable square feet, 
     provide cleaning services, security enhancements, or any 
     other service usually provided through the Federal Buildings 
     Fund, to any agency that does not pay the rate per square 
     foot assessment for space and services as determined by the 
     General Services Administration in compliance with the Public 
     Buildings Amendments Act of 1972 (Public Law 92-313).
       Sec. 406. Funds provided to other Government agencies by 
     the Information Technology Fund, General Services 
     Administration, under section 110 of the Federal Property and 
     Administrative Services Act of 1949 (40 U.S.C. 757) and 
     sections 5124(b) and 5128 of the Clinger-Cohen Act of 1996 
     (40 U.S.C. 1424(b) and 1428), for performance of pilot 
     information technology projects which have potential for 
     Government-wide benefits and savings, may be repaid to this 
     Fund from any savings actually incurred by these projects or 
     other funding, to the extent feasible.
       Sec. 407. From funds made available under the heading 
     ``Federal Buildings Fund, Limitations on Availability of 
     Revenue'', claims against the Government of less than 
     $250,000 arising from direct construction projects and 
     acquisition of buildings may be liquidated from savings 
     effected in other construction projects with prior 
     notification to the Committees on Appropriations.
       Sec. 408. (a) Notwithstanding any other provision of law, 
     the Administrator of General Services is authorized to 
     acquire, under such terms and conditions as he deems to be in 
     the interests of the United States, approximately 27 acres of 
     land, identified as Site 7 and located at 234 Corporate 
     Drive, Pease International Tradeport, Portsmouth, NH 03801, 
     as a site for the public building needs of the Federal 
     Government, and to design and construct upon the site a new 
     Federal Office Building of approximately 98,000 gross square 
     feet: Provided, That the Administrator shall not acquire any 
     property under this subsection until the Administrator 
     determines that the property is in compliance with applicable 
     environmental laws, and that the property is suitable and 
     available for use as a site to house the Federal agencies 
     presently located in the Thomas J. McIntyre Federal Building.
       (b) For the site acquisition, design, construction, and 
     relocation, $11,149,000 shall be available from funds 
     previously provided under the heading ``General Services 
     Administration, Real Property Activities, Federal Buildings 
     Fund'' in Public Law 108-7 for repairs and alterations to the 
     Thomas J. McIntyre Federal Building in Portsmouth, New 
     Hampshire, which was included in the plan for expenditure of 
     repairs and alterations funds as required by accompanying 
     House Report 108-10.
       (c) For any additional costs of construction, management 
     and inspection of the new facility to house the Federal 
     agencies relocated from the McIntyre Federal Office Building, 
     and for the costs of relocating the Federal agencies 
     occupying the McIntyre Federal Office Building, $13,669,000 
     shall be deposited into the Federal Buildings Fund (40 U.S.C. 
     592) from the General Fund; which amount, together with the 
     amount set forth in subsection (b) of this section shall 
     remain available until expended and shall be subject to such 
     escalation and reprogramming authorities available to the 
     Administrator for any other new construction projects under 
     the heading ``Federal Building Fund Limitations on 
     Availability of Revenue''.
       (d) The Administrator is authorized and directed to convey, 
     without consideration, the Thomas J. McIntyre Federal Office 
     Building to the City of Portsmouth, New Hampshire for 
     economic development purposes subject to the following 
     conditions: (i) that all Federal agencies currently occupying 
     the McIntyre Building except the United States Postal Service 
     are completely relocated to the new Federal Building for so 
     long as those agencies have continuing mission needs for that 
     new location, (ii) that the requirements of the McKinney-
     Vento Homeless Assistance Act (42 U.S.C. 11411 et seq.) shall 
     not apply to this conveyance; and (iii) that the 
     Administrator may include in the conveyance documents such 
     terms and conditions as the Administrator determines in the 
     best interest of the United States.

                     Merit Systems Protection Board


                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses to carry out functions of the Merit 
     Systems Protection Board pursuant to Reorganization Plan 
     Numbered 2 of 1978 and the Civil Service Reform Act of 1978, 
     including services as authorized by 5 U.S.C. 3109, rental of 
     conference rooms in the District of Columbia and elsewhere, 
     hire of passenger motor vehicles, and direct procurement of 
     survey printing, $32,877,000 together with not to exceed 
     $2,626,000 for administrative expenses to adjudicate 
     retirement appeals to be transferred from the Civil Service 
     Retirement and Disability Fund in amounts determined by the 
     Merit Systems Protection Board.

 Morris K. Udall Scholarship and Excellence in National Environmental 
                           Policy Foundation


 morris k. udall scholarship and excellence in national environmental 
                           policy trust fund

       For payment to the Morris K. Udall Scholarship and 
     Excellence in National Environmental Policy Trust Fund, 
     pursuant to the Morris K. Udall Scholarship and Excellence in 
     National Environmental and Native American Public Policy Act 
     of 1992 (20 U.S.C. 5601 et seq.), $1,996,000, to remain 
     available until expended: Provided, That up to 60 percent of 
     such funds may be transferred by the Morris K. Udall 
     Scholarship and Excellence in National Environmental Policy 
     Foundation for the necessary expenses of the Native Nations 
     Institute.


                 environmental dispute resolution fund

       For payment to the Environmental Dispute Resolution Fund to 
     carry out activities authorized in the Environmental Policy 
     and Conflict Resolution Act of 1998, $1,309,000, to remain 
     available until expended.

              National Archives and Records Administration


                           operating expenses

       For necessary expenses in connection with the 
     administration of the National Archives (including the 
     Information Security Oversight Office)

[[Page 25831]]

     and archived Federal records and related activities, as 
     provided by law, and for expenses necessary for the review 
     and declassification of documents, and for the hire of 
     passenger motor vehicles, $258,191,000: Provided, That the 
     Archivist of the United States is authorized to use any 
     excess funds available from the amount borrowed for 
     construction of the National Archives facility, for expenses 
     necessary to provide adequate storage for holdings.


                        repairs and restoration

       For the repair, alteration, and improvement of archives 
     facilities, and to provide adequate storage for holdings, 
     $13,483,000, to remain available until expended, of which 
     $2,025,000 is for land acquisition for a site in Anchorage, 
     Alaska to construct a new regional archives and records 
     facility and of which $5,000,000 is for the repair and 
     restoration of the plaza that surrounds the Lyndon Baines 
     Johnson Presidential Library and that is under the joint 
     control and custody of the University of Texas: Provided, 
     That such funds may be transferred directly to the University 
     and used, together with University funds, for repair and 
     restoration of the plaza and remain available until expended 
     for this purpose: Provided further, That the same transfer 
     authority shall extend to funds previously appropriated in 
     Public Law 108-7 for this purpose.

        National Historical Publications and Records Commission


                             grants program

       For necessary expenses for allocations and grants for 
     historical publications and records as authorized by 44 
     U.S.C. 2504, as amended, $5,000,000, to remain available 
     until expended.

                  National Transportation Safety Board


                         Salaries and Expenses

       For necessary expenses of the National Transportation 
     Safety Board, including hire of passenger motor vehicles and 
     aircraft; services as authorized by 5 U.S.C. 3109, but at 
     rates for individuals not to exceed the per diem rate 
     equivalent to the rate for a GS-15; uniforms, or allowances 
     therefor, as authorized by law (5 U.S.C. 5901-5902) 
     $72,170,000, of which not to exceed $2,000 may be used for 
     official reception and representation expenses.


                             EMERGENCY FUND

       For necessary expenses of the National Transportation 
     Safety Board for accident investigations, $600,000, to remain 
     available until expended: Provided, That these funds shall be 
     available only to the extent necessary to restore the balance 
     of the emergency fund to $2,000,000 (29 U.S.C. 1118 (b)).

                      Office of Government Ethics


                         salaries and expenses

       For necessary expenses to carry out functions of the Office 
     of Government Ethics pursuant to the Ethics in Government Act 
     of 1978, as amended and the Ethics Reform Act of 1989, 
     including services as authorized by 5 U.S.C. 3109, rental of 
     conference rooms in the District of Columbia and elsewhere, 
     hire of passenger motor vehicles, and not to exceed $1,500 
     for official reception and representation expenses, 
     $10,738,000.

                     Office of Personnel Management


                         salaries and expenses

                  (including transfer of trust funds)

       For necessary expenses to carry out functions of the Office 
     of Personnel Management pursuant to Reorganization Plan 
     Numbered 2 of 1978 and the Civil Service Reform Act of 1978, 
     including services as authorized by 5 U.S.C. 3109; medical 
     examinations performed for veterans by private physicians on 
     a fee basis; rental of conference rooms in the District of 
     Columbia and elsewhere; hire of passenger motor vehicles; not 
     to exceed $2,500 for official reception and representation 
     expenses; advances for reimbursements to applicable funds of 
     the Office of Personnel Management and the Federal Bureau of 
     Investigation for expenses incurred under Executive Order No. 
     10422 of January 9, 1953, as amended; and payment of per diem 
     and/or subsistence allowances to employees where Voting 
     Rights Act activities require an employee to remain overnight 
     at his or her post of duty, $118,748,000, of which $2,000,000 
     shall remain available until expended for the cost of the 
     enterprise human resources integration project, and 
     $2,500,000 shall remain available until expended for the cost 
     of leading the government-wide initiative to modernize the 
     Federal payroll systems and service delivery and $2,500,000 
     shall remain available through September 30, 2005 to 
     coordinate and conduct program evaluation and performance 
     measurement; and in addition $135,914,000 for administrative 
     expenses, to be transferred from the appropriate trust funds 
     of the Office of Personnel Management without regard to other 
     statutes, including direct procurement of printed materials, 
     for the retirement and insurance programs, of which 
     $36,700,000 shall remain available until expended for the 
     cost of automating the retirement recordkeeping systems: 
     Provided, That the provisions of this appropriation shall not 
     affect the authority to use applicable trust funds as 
     provided by sections 8348(a)(1)(B), 8909(g), and 
     9004(f)(1)(A) and (2)(A) of title 5, United States Code: 
     Provided further, That no part of this appropriation shall be 
     available for salaries and expenses of the Legal Examining 
     Unit of the Office of Personnel Management established 
     pursuant to Executive Order No. 9358 of July 1, 1943, or any 
     successor unit of like purpose: Provided further, That the 
     President's Commission on White House Fellows, established by 
     Executive Order No. 11183 of October 3, 1964, may, during 
     fiscal year 2004, accept donations of money, property, and 
     personal services in connection with the development of a 
     publicity brochure to provide information about the White 
     House Fellows, except that no such donations shall be 
     accepted for travel or reimbursement of travel expenses, or 
     for the salaries of employees of such Commission.


                      office of inspector general

                         salaries and expenses

                  (including transfer of trust funds)

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act, 
     as amended, including services as authorized by 5 U.S.C. 
     3109, hire of passenger motor vehicles, $1,498,000, and in 
     addition, not to exceed $14,427,000 for administrative 
     expenses to audit, investigate, and provide other oversight 
     of the Office of Personnel Management's retirement and 
     insurance programs, to be transferred from the appropriate 
     trust funds of the Office of Personnel Management, as 
     determined by the Inspector General: Provided, That the 
     Inspector General is authorized to rent conference rooms in 
     the District of Columbia and elsewhere.


      government payment for annuitants, employees health benefits

       For payment of Government contributions with respect to 
     retired employees, as authorized by chapter 89 of title 5, 
     United States Code, and the Retired Federal Employees Health 
     Benefits Act (74 Stat. 849), as amended, such sums as may be 
     necessary.


       government payment for annuitants, employee life insurance

       For payment of Government contributions with respect to 
     employees retiring after December 31, 1989, as required by 
     chapter 87 of title 5, United States Code, such sums as may 
     be necessary.


        payment to civil service retirement and disability fund

       For financing the unfunded liability of new and increased 
     annuity benefits becoming effective on or after October 20, 
     1969, as authorized by 5 U.S.C. 8348, and annuities under 
     special Acts to be credited to the Civil Service Retirement 
     and Disability Fund, such sums as may be necessary: Provided, 
     That annuities authorized by the Act of May 29, 1944, as 
     amended, and the Act of August 19, 1950, as amended (33 
     U.S.C. 771-775), may hereafter be paid out of the Civil 
     Service Retirement and Disability Fund.

                       Office of Special Counsel


                         salaries and expenses

       For necessary expenses to carry out functions of the Office 
     of Special Counsel pursuant to Reorganization Plan Numbered 2 
     of 1978, the Civil Service Reform Act of 1978 (Public Law 95-
     454), as amended, the Whistleblower Protection Act of 1989 
     (Public Law 101-12), as amended, Public Law 103-424, and the 
     Uniformed Services Employment and Reemployment Act of 1994 
     (Public Law 103-353), including services as authorized by 5 
     U.S.C. 3109, payment of fees and expenses for witnesses, 
     rental of conference rooms in the District of Columbia and 
     elsewhere, and hire of passenger motor vehicles; $13,504,000.

                      United States Postal Service


                   Payment to the Postal Service Fund

       For payment to the Postal Service Fund for revenue forgone 
     on free and reduced rate mail, pursuant to subsections (c) 
     and (d) of section 2401 of title 39, United States Code, 
     $65,521,000, of which $36,521,000 shall not be available for 
     obligation until October 1, 2004: Provided, That mail for 
     overseas voting and mail for the blind shall continue to be 
     free: Provided further, That 6-day delivery and rural 
     delivery of mail shall continue at not less than the 1983 
     level: Provided further, That none of the funds made 
     available to the Postal Service by this Act shall be used to 
     implement any rule, regulation, or policy of charging any 
     officer or employee of any State or local child support 
     enforcement agency, or any individual participating in a 
     State or local program of child support enforcement, a fee 
     for information requested or provided concerning an address 
     of a postal customer: Provided further, That none of the 
     funds provided in this Act shall be used to consolidate or 
     close small rural and other small post offices in fiscal year 
     2004.

                        United States Tax Court


                         Salaries and Expenses

       For necessary expenses, including contract reporting and 
     other services as authorized by 5 U.S.C. 3109, $40,187,000: 
     Provided, That travel expenses of the judges shall be paid 
     upon the written certificate of the judge.

      White House Commission on the National Moment of Remembrance

       For necessary expenses of the White House Commission on the 
     National Moment of Remembrance, $250,000.

                      TITLE V--GENERAL PROVISIONS

                                This Act


                     (including transfers of funds)

       Sec. 501. During the current fiscal year applicable 
     appropriations to the Department of Transportation shall be 
     available for maintenance and operation of aircraft; hire of 
     passenger motor vehicles and aircraft; purchase of liability 
     insurance for motor vehicles operating in foreign countries 
     on official department business; and uniforms, or allowances 
     therefor, as authorized by law (5 U.S.C. 5901-5902).
       Sec. 502. Such sums as may be necessary for fiscal year 
     2004 pay raises for programs funded in this Act shall be 
     absorbed within the levels appropriated in this Act or 
     previous appropriations Acts.
       Sec. 503. Appropriations contained in this Act for the 
     Department of Transportation shall be available for services 
     as authorized by 5 U.S.C.

[[Page 25832]]

     3109, but at rates for individuals not to exceed the per diem 
     rate equivalent to the rate for an Executive Level IV.
       Sec. 504. None of the funds in this Act shall be available 
     for salaries and expenses of more than 106 political and 
     Presidential appointees in the Department of Transportation: 
     Provided, That none of the personnel covered by this 
     provision or political and Presidential appointees in an 
     independent agency funded in this Act may be assigned on 
     temporary detail outside the Department of Transportation or 
     such independent agency.
       Sec. 505. None of the funds in this Act shall be used for 
     the planning or execution of any program to pay the expenses 
     of, or otherwise compensate, non-Federal parties intervening 
     in regulatory or adjudicatory proceedings funded in this Act.
       Sec. 506. None of the funds appropriated in this Act shall 
     remain available for obligation beyond the current fiscal 
     year, nor may any be transferred to other appropriations, 
     unless expressly so provided herein.
       Sec. 507. The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract 
     pursuant to section 3109 of title 5, United States Code, 
     shall be limited to those contracts where such expenditures 
     are a matter of public record and available for public 
     inspection, except where otherwise provided under existing 
     law, or under existing Executive order issued pursuant to 
     existing law.
       Sec. 508. None of the funds in this Act shall be used to 
     implement section 404 of title 23, United States Code.
       Sec. 509. (a) No recipient of funds made available in this 
     Act shall disseminate personal information (as defined in 18 
     U.S.C. 2725(3)) obtained by a State department of motor 
     vehicles in connection with a motor vehicle record as defined 
     in 18 U.S.C. 2725(1), except as provided in 18 U.S.C. 2721 
     for a use permitted under 18 U.S.C. 2721.
       (b) Notwithstanding subsection (a), the Secretary shall not 
     withhold funds provided in this Act for any grantee if a 
     State is in noncompliance with this provision.
       Sec. 510. Funds received by the Federal Highway 
     Administration, Federal Transit Administration, and Federal 
     Railroad Administration from States, counties, 
     municipalities, other public authorities, and private sources 
     for expenses incurred for training may be credited 
     respectively to the Federal Highway Administration's 
     ``Federal-Aid Highways'' account, the Federal Transit 
     Administration's ``Transit Planning and Research'' account, 
     and to the Federal Railroad Administration's ``Safety and 
     Operations'' account, except for State rail safety inspectors 
     participating in training pursuant to 49 U.S.C. 20105.
       Sec. 511. Notwithstanding any other provision of law, rule 
     or regulation, the Secretary of Transportation is authorized 
     to allow the issuer of any preferred stock heretofore sold to 
     the Department to redeem or repurchase such stock upon the 
     payment to the Department of an amount determined by the 
     Secretary.
       Sec. 512. None of the funds in title I of this Act may be 
     used to make a grant unless the Secretary of Transportation, 
     or the Secretary of the department in which the 
     Transportation Security Administration is operating, notifies 
     the House and Senate Committees on Appropriations not less 
     than 3 full business days before any discretionary grant 
     award, letter of intent, or full funding grant agreement 
     totaling $1,000,000 or more is announced by the department or 
     its modal administrations from: (1) any discretionary grant 
     program of the Federal Highway Administration other than the 
     emergency relief program; (2) the airport improvement program 
     of the Federal Aviation Administration; or (3) any program of 
     the Federal Transit Administration other than the formula 
     grants and fixed guideway modernization programs: Provided, 
     That no notification shall involve funds that are not 
     available for obligation.
       Sec. 513. Rebates, refunds, incentive payments, minor fees 
     and other funds received by the Department of Transportation 
     from travel management centers, charge card programs, the 
     subleasing of building space, and miscellaneous sources are 
     to be credited to appropriations of the Department of 
     Transportation and allocated to elements of the Department of 
     Transportation using fair and equitable criteria and such 
     funds shall be available until expended.
       Sec. 514. None of the funds in this Act may be obligated 
     for the Office of the Secretary of Transportation to approve 
     assessments or reimbursable agreements pertaining to funds 
     appropriated to the modal administrations in this Act, except 
     for activities underway on the date of enactment of this Act, 
     unless such assessments or agreements have completed the 
     normal reprogramming process for Congressional notification.
       Sec. 515. Funds appropriated or limited in title I of this 
     Act shall be subject to the terms and conditions stipulated 
     in section 350 of Public Law 107-87, including that the 
     Secretary submit a report to the House and Senate 
     Appropriations Committees annually on the safety and security 
     of transportation into the United States by Mexico-domiciled 
     motor carriers.
       Sec. 516. None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriations Act.
       Sec. 517. Funds provided in this Act for the Working 
     Capital Fund shall be reduced by $17,816,000, which limits 
     fiscal year 2004 Working Capital Fund obligational authority 
     for elements of the Department of Transportation funded in 
     this Act to no more than $98,899,000: Provided, That such 
     reductions from the budget request shall be allocated by the 
     Department of Transportation to each appropriations account 
     in proportion to the amount included in each account for the 
     Working Capital Fund.
       Sec. 518. Amendments to Prior Surface Transportation Laws. 
     (a) ISTEA High Priority Corridors.--
       (1) Section 1105(c) of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (105 Stat. 2032-2033) 
     as amended, is further amended by inserting after paragraph 
     (44) the following:
       ``(45) U.S. 78 from Tupelo, Mississippi, to Memphis, 
     Tennessee.''.
       (2) Section 1105(e)(5)(A) of such Act as amended is further 
     amended by striking ``and subsection (c)(42)'' and inserting 
     after ``(c)(40),'' the following: ``in subsection (c)(42), 
     and in subsection (c)(45)''.
       (3) Section 1105(e)(5)(B)(i) of such Act is amended by 
     adding at the end the following: ``The portion of the route 
     referred to in subsection (c)(45) and the portion of the 
     route referred to in subsection (c)(42) between Tupelo, 
     Mississippi, and Birmingham, Alabama, are designated as 
     Interstate Route I-22.''.
       Sec. 519. Amounts made available in this or any other Act 
     that the Secretary determines represent improper payments by 
     the Department of Transportation to a third party contractor 
     under a financial assistance award, which are recovered 
     pursuant to law, shall be available--
       (1) to reimburse the actual expenses incurred by the 
     Department of Transportation in recovering improper payments; 
     and
       (2) to pay contractors for services provided in recovering 
     improper payments: Provided, That amounts in excess of that 
     required for paragraphs (1) and (2)--
       (A) shall be credited to and merged with the appropriation 
     from which the improper payments were made, and shall be 
     available for the purposes and period for which such 
     appropriations are available; or
       (B) if no such appropriation remains available, shall be 
     deposited in the Treasury as miscellaneous receipts: 
     Provided, That prior to the transfer of any such recovery to 
     an appropriations account, the Secretary shall notify the 
     House and Senate Committees on Appropriations of the amount 
     and reasons for such transfer: Provided further, That for 
     purposes of this section, the term ``improper payments'', has 
     the same meaning as that provided in section 2(d)(2) of 
     Public Law 107-300.
       Sec. 520. The Secretary of Transportation is authorized to 
     transfer the unexpended balances available for the bonding 
     assistance program from ``Office of the Secretary, Salaries 
     and expenses'' to ``Minority Business Outreach''.
       Sec. 521. The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract, 
     pursuant to 5 U.S.C. 3109, shall be limited to those 
     contracts where such expenditures are a matter of public 
     record and available for public inspection, except where 
     otherwise provided under existing law, or under existing 
     Executive order issued pursuant to existing law.
       Sec. 522. In conducting the rulemaking mandated by Section 
     352 of Public Law 108-7, the Department of Transportation and 
     any other agencies involved in the rulemaking shall ensure 
     that the proposed rules fully and accurately reflect the 
     findings in the General Accounting Office. The study concerns 
     the adequacy of the Department's procedures used prior to the 
     passage of Public Law 108-7 in order to ensure the security 
     of facilities and activities described in Section 352.
       Sec. 523. No part of any appropriation contained in this 
     Act shall be available to pay the salary for any person 
     filling a position, other than a temporary position, formerly 
     held by an employee who has left to enter the Armed Forces of 
     the United States and has satisfactorily completed his period 
     of active military or naval service, and has within 90 days 
     after his release from such service or from hospitalization 
     continuing after discharge for a period of not more than 1 
     year, made application for restoration to his former position 
     and has been certified by the Office of Personnel Management 
     as still qualified to perform the duties of his former 
     position and has not been restored thereto.
       Sec. 524. No funds appropriated pursuant to this Act may be 
     expended by an entity unless the entity agrees that in 
     expending the assistance the entity will comply with sections 
     2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c, 
     popularly known as the ``Buy America Act'').
       Sec. 525. (a) Purchase of American-Made Equipment and 
     Products.--In the case of any equipment or products that may 
     be authorized to be purchased with financial assistance 
     provided under this Act, it is the sense of the Congress that 
     entities receiving such assistance should, in expending the 
     assistance, purchase only American-made equipment and 
     products.
       (b) Notice to Recipients of Assistance.--In providing 
     financial assistance under this Act, the Secretary of the 
     Treasury shall provide to each recipient of the assistance a 
     notice describing the statement made in subsection (a) by the 
     Congress.
       Sec. 526. If it has been finally determined by a court or 
     Federal agency that any person intentionally affixed a label 
     bearing a ``Made in America'' inscription, or any inscription 
     with the same meaning, to any product sold in or shipped to 
     the United States that is not made in the United States, such 
     person shall be ineligible

[[Page 25833]]

     to receive any contract or subcontract made with funds 
     provided pursuant to this Act, pursuant to the debarment, 
     suspension, and ineligibility procedures described in 
     sections 9.400 through 9.409 of title 48, Code of Federal 
     Regulations.
       Sec. 527. Except as otherwise specifically provided by law, 
     not to exceed 50 percent of unobligated balances remaining 
     available at the end of fiscal year 2004 from appropriations 
     made available for salaries and expenses for fiscal year 2004 
     in this Act, shall remain available through September 30, 
     2005, for each such account for the purposes authorized: 
     Provided, That a request shall be submitted to the Committees 
     on Appropriations for approval prior to the expenditure of 
     such funds: Provided further, That these requests shall be 
     made in compliance with reprogramming guidelines.
       Sec. 528. None of the funds made available in this Act may 
     be used by the Executive Office of the President to request 
     from the Federal Bureau of Investigation any official 
     background investigation report on any individual, except 
     when--
       (1) such individual has given his or her express written 
     consent for such request not more than 6 months prior to the 
     date of such request and during the same presidential 
     administration; or
       (2) such request is required due to extraordinary 
     circumstances involving national security.
       Sec. 529. The cost accounting standards promulgated under 
     section 26 of the Office of Federal Procurement Policy Act 
     (Public Law 93-400; 41 U.S.C. 422) shall not apply with 
     respect to a contract under the Federal Employees Health 
     Benefits Program established under chapter 89 of title 5, 
     United States Code.
       Sec. 530. For the purpose of resolving litigation and 
     implementing any settlement agreements regarding the 
     nonforeign area cost-of-living allowance program, the Office 
     of Personnel Management may accept and utilize (without 
     regard to any restriction on unanticipated travel expenses 
     imposed in an Appropriations Act) funds made available to the 
     Office pursuant to court approval.
       Sec. 531. No funds appropriated or otherwise made available 
     under this Act shall be made available to any person or 
     entity that has been convicted of violating the Buy American 
     Act (41 U.S.C. 10a-10c).
       Sec. 532. Notwithstanding any other provision of law, any 
     bridge that is owned and operated by a state agency (1) whose 
     toll revenues are administered by a Metropolitan Planning 
     Organization (MPO), and (2) whose toll revenues provide for 
     subsidizing of non-capital transportation costs, shall be 
     eligible for assistance under this section but the amount of 
     toll revenues expended for non-capital transportation costs 
     shall in no event exceed the cumulative amount of local toll 
     revenues used for federal interstate and federal-aid highway 
     construction and improvement projects in the toll bridge 
     corridors. Before authorizing an expenditure of funds under 
     this subsection, the Secretary shall determine that the 
     cumulative amount of toll revenues used for construction and 
     improvement to the federal interstate and federal-aid highway 
     system is greater than the cumulative amount of toll revenue 
     used for non-capital transportation projects not directly 
     related to the on-going operation and maintenance of the toll 
     bridges.
       Sec. 533. Notwithstanding any other provision of this Act, 
     amounts appropriated or limited in this Act are hereby 
     reduced by $128,076,000. Such reductions shall--
       (1) be administered by the Director, Office of Management 
     and Budget;
       (2) be assessed by the Director within 30 days of enactment 
     of this Act;
       (3) be derived solely from funds appropriated or limited 
     for activities under:
       (A) Object Class 21.0--Travel and Transportation of 
     Persons, with the exception of funds provided for the travel 
     of safety inspectors within the Department of Transportation 
     and enforcement personnel within the Department of the 
     Treasury;
       (B) Object Class 22.0--Transportation of Things;
       (C) Object Class 23.3--Communications, Utilities, and 
     Miscellaneous Charges, with the exception of the 
     telecommunication costs associated with the FAA air traffic 
     control system and the Internal Revenue Service;
       (D) Object Class 24.0--Printing and Reproduction, with the 
     exception of such expenses within the Internal Revenue 
     Service;
       (E) Object Class 25.1--Advisory and Assistance Services;
       (F) Object Class 26.0--Supplies and Materials, with the 
     exception of such expenses in the United States Mint;
       (G) Object Class 31.0--Equipment, with the exception of 
     such expenses under the Internal Revenue Service and the FAA 
     Facilities and Equipment account.
       (4) be assessed by the Director on a pro-rata basis against 
     all agencies funded in this Act with adjustments necessitated 
     by the exceptions cited under subsection (3); and
       (5) not be assessed against the Department of 
     Transportation's Working Capital Fund.
       Sec. 534. None of the funds appropriated or limited in 
     title I of this Act may be used to change weight restrictions 
     or prior permission rules at Teterboro Airport.
       Sec. 535. Section 414(h) of title 39, United States Code, 
     is amended by striking ``2003'' and inserting ``2005''.
       Sec. 536. After the last section of the Federal Transit 
     Act, 49 U.S.C. Chapter 53, add the following section:

     ``SEC. __. UTAH TRANSPORTATION PROJECTS.

       ``(a) Coordination.--FTA and FHWA are directed to work with 
     the Utah Transit Authority and the Utah Department of 
     Transportation to coordinate the development regional 
     commuter rail and the northern segment of I-15 reconstruction 
     located in the Wasatch Front corridor extending from Brigham 
     City to Payson, Utah. Coordination includes integration of 
     preliminary engineering and design, a simplified method for 
     allocating project costs among eligible FTA and FHWA funding 
     sources, and a unified accounting and audit process.
       ``(b) Governmental Funding.--For purposes of determining 
     and allocating the nongovernmental and governmental share of 
     costs, the following projects comprise a related program of 
     projects: regional commuter rail, the TRAX light rail system, 
     TRAX extensions to the Medical Center and to the Gateway 
     Intermodal Center, and the northern segment of I-15 
     reconstruction. The governmental share of project costs 
     appropriated from the Section 5309 New Start program shall 
     conform to the share specified in the extension or 
     reauthorization of TEA21.''.
       Sec. 537. Funds apportioned to the Charleston Area Regional 
     Transportation Authority to carry out section 5307 of title 
     49, United States Code, may be used to lease land, equipment, 
     or facilities used in public transportation from another 
     governmental authority in the same geographic area: Provided, 
     That the non-Federal share under section 5307 may include 
     revenues from the sale of advertising and concessions: 
     Provided further, That this provision shall remain in effect 
     until September 30, 2004, or until the Federal interest in 
     the land, equipment or facilities leased reaches 80 percent 
     of its fair market value at disposition, whichever occurs 
     first.
       Sec. 538. Notwithstanding any other provision of law, funds 
     designated to the Pennsylvania Cumberland/Dauphin County 
     Corridor I project in committee reports accompanying this Act 
     may be available to the recipient for any project activities 
     authorized under sections 5307 and 5309 of title 49, United 
     States Code.
       Sec. 539. None of the funds appropriated or made available 
     under this Act or any other appropriations Act may be used to 
     implement the proposed regulations of the Office of Personnel 
     Management to add sections 300.311 through 300.316 to part 
     300 of title 5 of the Code of Federal Regulations, published 
     in the Federal Register, volume 68, number 174, on September 
     9, 2003 (relating to the detail of executive branch employees 
     to the legislative branch). If such proposed regulations are 
     final regulations on the date of enactment of this Act, none 
     of the funds appropriated or made available under this Act 
     may be used to implement, administer, or enforce such final 
     regulations.
       Sec. 540. Jackson Hole, Wyoming Radar Unit. Priority 
     consideration shall be given to the Jackson Hole, Wyoming, 
     Airport for an ASR-11 radar unit or provisions shall be made 
     for the acquisition or transfer of a comparable radar unit.
       Sec. 541. Within the funds provided for the Federal 
     Aviation Administration's Facilities and Equipment account, 
     no less than $14,000,000 shall be available for the Technical 
     Center Facilities in New Jersey.
       Sec. 542. To the extent that funds provided by the Congress 
     for the Memphis Medical Center light rail extension project 
     through the Section 5309 ``new fixed guideway systems'' 
     program remain available upon the closeout of the project, 
     Federal Transit Administration is directed to permit the 
     Memphis Area Transit Authority to use all of those funds for 
     planning, engineering, design, construction or acquisition 
     projects pertaining to the Memphis Regional Rail Plan. Such 
     funds shall remain available until expended.
       Sec. 543. Section 30303(d)(3) of the Transportation Equity 
     Act for the 21st Century (Public Law 105-178) is amended by 
     inserting at the end:
       ``(D) Memphis-Shelby International Airport intermodal 
     facility.''.
       Sec. 544. Within available funds provided for ``Facilities 
     and equipment'', $1,500,000 shall be provided for a precision 
     instrument approach landing system (ILS) at Lee Gilmer 
     Memorial Airport, Gainesville, Georgia.
       Sec. 545. (a) None of the funds appropriated by this Act 
     may be used for converting to contractor performance an 
     activity or function of an executive agency that, on or after 
     the date of the enactment of this Act, is performed by 
     executive agency employees unless the conversion is based on 
     the results of a public-private competition process that 
     requires a determination regarding whether, overall 
     performance periods stated in the solicitation of offers for 
     performance of the activity or function, the cost of 
     performance of the activity or function by a contractor would 
     be less costly to the executive agency by an amount that 
     equals or exceeds the lesser of (1) 10 percent of the cost of 
     performing the activity with government personnel or, if a 
     more efficient organization has been developed, 10 percent of 
     the most efficient organization's personnel-related costs for 
     performance of that activity or function by Federal 
     employees, or (2) $10,000,000.
       (b) With respect to the use of any funds appropriated by 
     this Act for the Department of Defense--
       (1) subsections (a), (b), and (c) of section 2461 of title 
     10, United States Code, do not apply with respect to the 
     performance of a commercial or industrial type activity or 
     function that--
       (A) is on the procurement list established under section 2 
     of the Javits-Wagner-O'Day Act (41 U.S.C. 47); or

[[Page 25834]]

       (B) is planned to be converted to performance by--
       (i) a qualified nonprofit agency for the blind or a 
     qualified nonprofit agency for other severely handicapped (as 
     such terms are defined in section 5 of such Act (41 U.S.C. 
     48b); or
       (ii) a commercial business at least 51 percent of which is 
     owned by an Indian tribe (as defined in section 4(e) of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450b(e))) or a Native Hawaiian Organization (as 
     defined in section 8(a)(15) of the Small Business Act (15 
     U.S.C. 637(a)(15))).
       (2) Nothing in this section shall effect depot contracts or 
     contracts for depot maintenance as provided in sections 2469 
     and 2474 of title 10, United States Code.
       (3) The conversion of any activity or function of an 
     executive agency in accordance with this section shall be 
     credited toward any competitive or outsourcing goal, target 
     or measurement that may be established by statute, regulation 
     or policy and shall be deemed to be awarded under the 
     authority of and in compliance with section 303 of the 
     Federal Property and Administrative Services Act of 1949 (41 
     U.S.C. 253) or section 2304 of title 10, United States Code, 
     as the case may be, for the competition or outsourcing of 
     commercial activities.
       (c) In this section, the term ``executive agency'' has the 
     meaning given such term in section 4 of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 403).
       (d) Nothing in this section shall be construed to effect, 
     amend, or repeal section 8014 of the Defense Appropriations 
     Act, 2004 (Public Law 108-87).

                      TITLE VI--GENERAL PROVISIONS

                Departments, Agencies, and Corporations

       Sec. 601. Funds appropriated in this or any other Act may 
     be used to pay travel to the United States for the immediate 
     family of employees serving abroad in cases of death or life 
     threatening illness of said employee.
       Sec. 602. No department, agency, or instrumentality of the 
     United States receiving appropriated funds under this or any 
     other Act for fiscal year 2004 shall obligate or expend any 
     such funds, unless such department, agency, or 
     instrumentality has in place, and will continue to administer 
     in good faith, a written policy designed to ensure that all 
     of its workplaces are free from the illegal use, possession, 
     or distribution of controlled substances (as defined in the 
     Controlled Substances Act) by the officers and employees of 
     such department, agency, or instrumentality.
       Sec. 603. Unless otherwise specifically provided, the 
     maximum amount allowable during the current fiscal year in 
     accordance with section 16 of the Act of August 2, 1946 (60 
     Stat. 810), for the purchase of any passenger motor vehicle 
     (exclusive of buses, ambulances, law enforcement, and 
     undercover surveillance vehicles), is hereby fixed at $8,100 
     except station wagons for which the maximum shall be $9,100: 
     Provided, That these limits may be exceeded by not to exceed 
     $3,700 for police-type vehicles, and by not to exceed $4,000 
     for special heavy-duty vehicles: Provided further, That the 
     limits set forth in this section may not be exceeded by more 
     than 5 percent for electric or hybrid vehicles purchased for 
     demonstration under the provisions of the Electric and Hybrid 
     Vehicle Research, Development, and Demonstration Act of 1976: 
     Provided further, That the limits set forth in this section 
     may be exceeded by the incremental cost of clean alternative 
     fuels vehicles acquired pursuant to Public Law 101-549 over 
     the cost of comparable conventionally fueled vehicles.
       Sec. 604. Appropriations of the executive departments and 
     independent establishments for the current fiscal year 
     available for expenses of travel, or for the expenses of the 
     activity concerned, are hereby made available for quarters 
     allowances and cost-of-living allowances, in accordance with 
     5 U.S.C. 5922-5924.
       Sec. 605. Unless otherwise specified during the current 
     fiscal year, no part of any appropriation contained in this 
     or any other Act shall be used to pay the compensation of any 
     officer or employee of the Government of the United States 
     (including any agency the majority of the stock of which is 
     owned by the Government of the United States) whose post of 
     duty is in the continental United States unless such person: 
     (1) is a citizen of the United States; (2) is a person in the 
     service of the United States on the date of the enactment of 
     this Act who, being eligible for citizenship, has filed a 
     declaration of intention to become a citizen of the United 
     States prior to such date and is actually residing in the 
     United States; (3) is a person who owes allegiance to the 
     United States; (4) is an alien from Cuba, Poland, South 
     Vietnam, the countries of the former Soviet Union, or the 
     Baltic countries lawfully admitted to the United States for 
     permanent residence; (5) is a South Vietnamese, Cambodian, or 
     Laotian refugee paroled in the United States after January 1, 
     1975; or (6) is a national of the People's Republic of China 
     who qualifies for adjustment of status pursuant to the 
     Chinese Student Protection Act of 1992: Provided, That for 
     the purpose of this section, an affidavit signed by any such 
     person shall be considered prima facie evidence that the 
     requirements of this section with respect to his or her 
     status have been complied with: Provided further, That any 
     person making a false affidavit shall be guilty of a felony, 
     and, upon conviction, shall be fined no more than $4,000 or 
     imprisoned for not more than 1 year, or both: Provided 
     further, That the above penal clause shall be in addition to, 
     and not in substitution for, any other provisions of existing 
     law: Provided further, That any payment made to any officer 
     or employee contrary to the provisions of this section shall 
     be recoverable in action by the Federal Government. This 
     section shall not apply to citizens of Ireland, Israel, or 
     the Republic of the Philippines, or to nationals of those 
     countries allied with the United States in a current defense 
     effort, or to international broadcasters employed by the 
     United States Information Agency, or to temporary employment 
     of translators, or to temporary employment in the field 
     service (not to exceed 60 days) as a result of emergencies.
       Sec. 606. Appropriations available to any department or 
     agency during the current fiscal year for necessary expenses, 
     including maintenance or operating expenses, shall also be 
     available for payment to the General Services Administration 
     for charges for space and services and those expenses of 
     renovation and alteration of buildings and facilities which 
     constitute public improvements performed in accordance with 
     the Public Buildings Act of 1959 (73 Stat. 749), the Public 
     Buildings Amendments of 1972 (87 Stat. 216), or other 
     applicable law.
       Sec. 607. In addition to funds provided in this or any 
     other Act, all Federal agencies are authorized to receive and 
     use funds resulting from the sale of materials, including 
     Federal records disposed of pursuant to a records schedule 
     recovered through recycling or waste prevention programs. 
     Such funds shall be available until expended for the 
     following purposes:
       (1) Acquisition, waste reduction and prevention, and 
     recycling programs as described in Executive Order No. 13101 
     (September 14, 1998), including any such programs adopted 
     prior to the effective date of the Executive order.
       (2) Other Federal agency environmental management programs, 
     including, but not limited to, the development and 
     implementation of hazardous waste management and pollution 
     prevention programs.
       (3) Other employee programs as authorized by law or as 
     deemed appropriate by the head of the Federal agency.
       Sec. 608. Funds made available by this or any other Act for 
     administrative expenses in the current fiscal year of the 
     corporations and agencies subject to chapter 91 of title 31, 
     United States Code, shall be available, in addition to 
     objects for which such funds are otherwise available, for 
     rent in the District of Columbia; services in accordance with 
     5 U.S.C. 3109; and the objects specified under this head, all 
     the provisions of which shall be applicable to the 
     expenditure of such funds unless otherwise specified in the 
     Act by which they are made available: Provided, That in the 
     event any functions budgeted as administrative expenses are 
     subsequently transferred to or paid from other funds, the 
     limitations on administrative expenses shall be 
     correspondingly reduced.
       Sec. 609. No part of any appropriation for the current 
     fiscal year contained in this or any other Act shall be paid 
     to any person for the filling of any position for which he or 
     she has been nominated after the Senate has voted not to 
     approve the nomination of said person.
       Sec. 610. No part of any appropriation contained in this or 
     any other Act shall be available for interagency financing of 
     boards (except Federal Executive Boards), commissions, 
     councils, committees, or similar groups (whether or not they 
     are interagency entities) which do not have a prior and 
     specific statutory approval to receive financial support from 
     more than one agency or instrumentality.
       Sec. 611. Funds made available by this or any other Act to 
     the Postal Service Fund (39 U.S.C. 2003) shall be available 
     for employment of guards for all buildings and areas owned or 
     occupied by the Postal Service and under the charge and 
     control of the Postal Service, and such guards shall have, 
     with respect to such property, the powers of special 
     policemen provided by the first section of the Act of June 1, 
     1948, as amended (62 Stat. 281; 40 U.S.C. 318), and, as to 
     property owned or occupied by the Postal Service, the 
     Postmaster General may take the same actions as the 
     Administrator of General Services may take under the 
     provisions of sections 2 and 3 of the Act of June 1, 1948, as 
     amended (62 Stat. 281; 40 U.S.C. 318a and 318b), attaching 
     thereto penal consequences under the authority and within the 
     limits provided in section 4 of the Act of June 1, 1948, as 
     amended (62 Stat. 281; 40 U.S.C. 318c).
       Sec. 612. None of the funds made available pursuant to the 
     provisions of this Act shall be used to implement, 
     administer, or enforce any regulation which has been 
     disapproved pursuant to a resolution of disapproval duly 
     adopted in accordance with the applicable law of the United 
     States.
       Sec. 613. (a) Notwithstanding any other provision of law, 
     and except as otherwise provided in this section, no part of 
     any of the funds appropriated for fiscal year 2004, by this 
     or any other Act, may be used to pay any prevailing rate 
     employee described in section 5342(a)(2)(A) of title 5, 
     United States Code--
       (1) during the period from the date of expiration of the 
     limitation imposed by the comparable section for previous 
     fiscal years until the normal effective date of the 
     applicable wage survey adjustment that is to take effect in 
     fiscal year 2004, in an amount that exceeds the rate payable 
     for the applicable grade and step of the applicable wage 
     schedule in accordance with such section; and
       (2) during the period consisting of the remainder of fiscal 
     year 2004, in an amount that exceeds, as a result of a wage 
     survey adjustment, the rate payable under paragraph (1) by 
     more than the sum of--
       (A) the percentage adjustment taking effect in fiscal year 
     2004 under section 5303 of title 5,

[[Page 25835]]

     United States Code, in the rates of pay under the General 
     Schedule; and
       (B) the difference between the overall average percentage 
     of the locality-based comparability payments taking effect in 
     fiscal year 2004 under section 5304 of such title (whether by 
     adjustment or otherwise), and the overall average percentage 
     of such payments which was effective in the previous fiscal 
     year under such section.
       (b) Notwithstanding any other provision of law, no 
     prevailing rate employee described in subparagraph (B) or (C) 
     of section 5342(a)(2) of title 5, United States Code, and no 
     employee covered by section 5348 of such title, may be paid 
     during the periods for which subsection (a) is in effect at a 
     rate that exceeds the rates that would be payable under 
     subsection (a) were subsection (a) applicable to such 
     employee.
       (c) For the purposes of this section, the rates payable to 
     an employee who is covered by this section and who is paid 
     from a schedule not in existence on September 30, 2003, shall 
     be determined under regulations prescribed by the Office of 
     Personnel Management.
       (d) Notwithstanding any other provision of law, rates of 
     premium pay for employees subject to this section may not be 
     changed from the rates in effect on September 30, 2003, 
     except to the extent determined by the Office of Personnel 
     Management to be consistent with the purpose of this section.
       (e) This section shall apply with respect to pay for 
     service performed after September 30, 2003.
       (f) For the purpose of administering any provision of law 
     (including any rule or regulation that provides premium pay, 
     retirement, life insurance, or any other employee benefit) 
     that requires any deduction or contribution, or that imposes 
     any requirement or limitation on the basis of a rate of 
     salary or basic pay, the rate of salary or basic pay payable 
     after the application of this section shall be treated as the 
     rate of salary or basic pay.
       (g) Nothing in this section shall be considered to permit 
     or require the payment to any employee covered by this 
     section at a rate in excess of the rate that would be payable 
     were this section not in effect.
       (h) The Office of Personnel Management may provide for 
     exceptions to the limitations imposed by this section if the 
     Office determines that such exceptions are necessary to 
     ensure the recruitment or retention of qualified employees.
       Sec. 614. During the period in which the head of any 
     department or agency, or any other officer or civilian 
     employee of the Government appointed by the President of the 
     United States, holds office, no funds may be obligated or 
     expended in excess of $5,000 to furnish or redecorate the 
     office of such department head, agency head, officer, or 
     employee, or to purchase furniture or make improvements for 
     any such office, unless advance notice of such furnishing or 
     redecoration is expressly approved by the Committees on 
     Appropriations. For the purposes of this section, the term 
     ``office'' shall include the entire suite of offices assigned 
     to the individual, as well as any other space used primarily 
     by the individual or the use of which is directly controlled 
     by the individual.
       Sec. 615. Notwithstanding section 1346 of title 31, United 
     States Code, or section 610 of this Act, funds made available 
     for the current fiscal year by this or any other Act shall be 
     available for the interagency funding of national security 
     and emergency preparedness telecommunications initiatives 
     which benefit multiple Federal departments, agencies, or 
     entities, as provided by Executive Order No. 12472 (April 3, 
     1984).
       Sec. 616. (a) None of the funds appropriated by this or any 
     other Act may be obligated or expended by any Federal 
     department, agency, or other instrumentality for the salaries 
     or expenses of any employee appointed to a position of a 
     confidential or policy-determining character excepted from 
     the competitive service pursuant to section 3302 of title 5, 
     United States Code, without a certification to the Office of 
     Personnel Management from the head of the Federal department, 
     agency, or other instrumentality employing the Schedule C 
     appointee that the Schedule C position was not created solely 
     or primarily in order to detail the employee to the White 
     House.
       (b) The provisions of this section shall not apply to 
     Federal employees or members of the armed services detailed 
     to or from--
       (1) the Central Intelligence Agency;
       (2) the National Security Agency;
       (3) the Defense Intelligence Agency;
       (4) the offices within the Department of Defense for the 
     collection of specialized national foreign intelligence 
     through reconnaissance programs;
       (5) the Bureau of Intelligence and Research of the 
     Department of State;
       (6) any agency, office, or unit of the Army, Navy, Air 
     Force, and Marine Corps, the Department of Homeland Security, 
     the Federal Bureau of Investigation and the Drug Enforcement 
     Administration of the Department of Justice, the Department 
     of Transportation, the Department of the Treasury, and the 
     Department of Energy performing intelligence functions; and
       (7) the Director of Central Intelligence.
       Sec. 617. No department, agency, or instrumentality of the 
     United States receiving appropriated funds under this or any 
     other Act for the current fiscal year shall obligate or 
     expend any such funds, unless such department, agency, or 
     instrumentality has in place, and will continue to administer 
     in good faith, a written policy designed to ensure that all 
     of its workplaces are free from discrimination and sexual 
     harassment and that all of its workplaces are not in 
     violation of title VII of the Civil Rights Act of 1964, as 
     amended, the Age Discrimination in Employment Act of 1967, 
     and the Rehabilitation Act of 1973.
       Sec. 618. No part of any appropriation contained in this or 
     any other Act shall be available for the payment of the 
     salary of any officer or employee of the Federal Government, 
     who--
       (1) prohibits or prevents, or attempts or threatens to 
     prohibit or prevent, any other officer or employee of the 
     Federal Government from having any direct oral or written 
     communication or contact with any Member, committee, or 
     subcommittee of the Congress in connection with any matter 
     pertaining to the employment of such other officer or 
     employee or pertaining to the department or agency of such 
     other officer or employee in any way, irrespective of whether 
     such communication or contact is at the initiative of such 
     other officer or employee or in response to the request or 
     inquiry of such Member, committee, or subcommittee; or
       (2) removes, suspends from duty without pay, demotes, 
     reduces in rank, seniority, status, pay, or performance of 
     efficiency rating, denies promotion to, relocates, reassigns, 
     transfers, disciplines, or discriminates in regard to any 
     employment right, entitlement, or benefit, or any term or 
     condition of employment of, any other officer or employee of 
     the Federal Government, or attempts or threatens to commit 
     any of the foregoing actions with respect to such other 
     officer or employee, by reason of any communication or 
     contact of such other officer or employee with any Member, 
     committee, or subcommittee of the Congress as described in 
     paragraph (1).
       Sec. 619. (a) None of the funds made available in this or 
     any other Act may be obligated or expended for any employee 
     training that--
       (1) does not meet identified needs for knowledge, skills, 
     and abilities bearing directly upon the performance of 
     official duties;
       (2) contains elements likely to induce high levels of 
     emotional response or psychological stress in some 
     participants;
       (3) does not require prior employee notification of the 
     content and methods to be used in the training and written 
     end of course evaluation;
       (4) contains any methods or content associated with 
     religious or quasi-religious belief systems or ``new age'' 
     belief systems as defined in Equal Employment Opportunity 
     Commission Notice N-915.022, dated September 2, 1988; or
       (5) is offensive to, or designed to change, participants' 
     personal values or lifestyle outside the workplace.
       (b) Nothing in this section shall prohibit, restrict, or 
     otherwise preclude an agency from conducting training bearing 
     directly upon the performance of official duties.
       Sec. 620. No funds appropriated in this or any other Act 
     may be used to implement or enforce the agreements in 
     Standard Forms 312 and 4414 of the Government or any other 
     nondisclosure policy, form, or agreement if such policy, 
     form, or agreement does not contain the following provisions: 
     ``These restrictions are consistent with and do not 
     supersede, conflict with, or otherwise alter the employee 
     obligations, rights, or liabilities created by Executive 
     Order No. 12958; section 7211 of title 5, United States Code 
     (governing disclosures to Congress); section 1034 of title 
     10, United States Code, as amended by the Military 
     Whistleblower Protection Act (governing disclosure to 
     Congress by members of the military); section 2302(b)(8) of 
     title 5, United States Code, as amended by the Whistleblower 
     Protection Act (governing disclosures of illegality, waste, 
     fraud, abuse or public health or safety threats); the 
     Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 
     et seq.) (governing disclosures that could expose 
     confidential Government agents); and the statutes which 
     protect against disclosure that may compromise the national 
     security, including sections 641, 793, 794, 798, and 952 of 
     title 18, United States Code, and section 4(b) of the 
     Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The 
     definitions, requirements, obligations, rights, sanctions, 
     and liabilities created by said Executive order and listed 
     statutes are incorporated into this agreement and are 
     controlling.'': Provided, That notwithstanding the preceding 
     paragraph, a nondisclosure policy form or agreement that is 
     to be executed by a person connected with the conduct of an 
     intelligence or intelligence-related activity, other than an 
     employee or officer of the United States Government, may 
     contain provisions appropriate to the particular activity for 
     which such document is to be used. Such form or agreement 
     shall, at a minimum, require that the person will not 
     disclose any classified information received in the course of 
     such activity unless specifically authorized to do so by the 
     United States Government. Such nondisclosure forms shall also 
     make it clear that they do not bar disclosures to Congress or 
     to an authorized official of an executive agency or the 
     Department of Justice that are essential to reporting a 
     substantial violation of law.
       Sec. 621. No part of any funds appropriated in this or any 
     other Act shall be used by an agency of the executive branch, 
     other than for normal and recognized executive-legislative 
     relationships, for publicity or propaganda purposes, and for 
     the preparation, distribution or use of any kit, pamphlet, 
     booklet, publication, radio, television or film presentation 
     designed to support or defeat legislation pending before the 
     Congress, except in presentation to the Congress itself.
       Sec. 622. None of the funds appropriated by this or any 
     other Act may be used by an agency to provide a Federal 
     employee's home address to any labor organization except when 
     the employee has authorized such disclosure or when

[[Page 25836]]

     such disclosure has been ordered by a court of competent 
     jurisdiction.
       Sec. 623. None of the funds made available in this Act or 
     any other Act may be used to provide any non-public 
     information such as mailing or telephone lists to any person 
     or any organization outside of the Federal Government without 
     the approval of the Committees on Appropriations.
       Sec. 624. No part of any appropriation contained in this or 
     any other Act shall be used for publicity or propaganda 
     purposes within the United States not heretofore authorized 
     by the Congress.
       Sec. 625. (a) In this section the term ``agency''--
       (1) means an Executive agency as defined under section 105 
     of title 5, United States Code;
       (2) includes a military department as defined under section 
     102 of such title, the Postal Service, and the Postal Rate 
     Commission; and
       (3) shall not include the General Accounting Office.
       (b) Unless authorized in accordance with law or regulations 
     to use such time for other purposes, an employee of an agency 
     shall use official time in an honest effort to perform 
     official duties. An employee not under a leave system, 
     including a Presidential appointee exempted under section 
     6301(2) of title 5, United States Code, has an obligation to 
     expend an honest effort and a reasonable proportion of such 
     employee's time in the performance of official duties.
       Sec. 626. Notwithstanding 31 U.S.C. 1346 and section 610 of 
     this Act, funds made available for the current fiscal year by 
     this or any other Act to any department or agency, which is a 
     member of the Joint Financial Management Improvement Program 
     (JFMIP), shall be available to finance an appropriate share 
     of JFMIP administrative costs, as determined by the JFMIP, 
     but not to exceed a total of $800,000 including the salary of 
     the Executive Director and staff support.
       Sec. 627. Notwithstanding 31 U.S.C. 1346 and section 610 of 
     this Act, the head of each Executive department and agency is 
     hereby authorized to transfer to or reimburse the ``Policy 
     and Citizen Services'' account, General Services 
     Administration, with the approval of the Director of the 
     Office of Management and Budget, funds made available for the 
     current fiscal year by this or any other Act, including 
     rebates from charge card and other contracts. These funds 
     shall be administered by the Administrator of General 
     Services to support Government-wide financial, information 
     technology, procurement, and other management innovations, 
     initiatives, and activities, as approved by the Director of 
     the Office of Management and Budget, in consultation with the 
     appropriate interagency groups designated by the Director 
     (including the Chief Financial Officers Council and the Joint 
     Financial Management Improvement Program for financial 
     management initiatives, the Chief Information Officers 
     Council for information technology initiatives, and the 
     Procurement Executives Council for procurement initiatives). 
     The total funds transferred or reimbursed shall not exceed 
     $12,250,000. Such transfers or reimbursements may only be 
     made 15 days following notification of the Committees on 
     Appropriations by the Director of the Office of Management 
     and Budget.
       Sec. 628. None of the funds made available in this or any 
     other Act may be used by the Office of Personnel Management 
     or any other department or agency of the Federal Government 
     to (a) operate an online employment information service for 
     the Federal Government under any contract awarded under the 
     request for quotations number SOLO30000003 issued by the 
     Office of Personnel Management unless the Office of Personnel 
     Management complies with the recommendations of the 
     Comptroller General in the General Accounting Office decision 
     of April 29, 2003, referred to as Symplicity Corporation, B-
     291902; or (b) prohibit any agency from using appropriated 
     funds as they see fit to independently contract with private 
     companies to provide online employment applications and 
     processing services.
       Sec. 629. Notwithstanding any other provision of law, a 
     woman may breastfeed her child at any location in a Federal 
     building or on Federal property, if the woman and her child 
     are otherwise authorized to be present at the location.
       Sec. 630. Nothwithstanding section 1346 of title 31, United 
     States Code, or section 610 of this Act, funds made available 
     for the current fiscal year by this or any other Act shall be 
     available for the interagency funding of specific projects, 
     workshops, studies, and similar efforts to carry out the 
     purposes of the National Science and Technology Council 
     (authorized by Executive Order No. 12881), which benefit 
     multiple Federal departments, agencies, or entities: 
     Provided, That the Office of Management and Budget shall 
     provide a report describing the budget of and resources 
     connected with the National Science and Technology Council to 
     the Committees on Appropriations, the House Committee on 
     Science; and the Senate Committee on Commerce, Science, and 
     Transportation 90 days after enactment of this Act.
       Sec. 631. Any request for proposals, solicitation, grant 
     application, form, notification, press release, or other 
     publications involving the distribution of Federal funds 
     shall indicate the agency providing the funds, the Catalog of 
     Federal Domestic Assistance Number, as applicable, and the 
     amount provided. This provision shall apply to direct 
     payments, formula funds, and grants received by a State 
     receiving Federal funds.
       Sec. 632. Subsection (f) of section 403 of Public Law 103-
     356 (31 U.S.C. 501 note) is amended by striking ``October 1, 
     2003'' and inserting ``October 1, 2004''.
       Sec. 633. (a) Prohibition of Federal Agency Monitoring of 
     Personal Information on Use of Internet.--None of the funds 
     made available in this or any other Act may be used by any 
     Federal agency--
       (1) to collect, review, or create any aggregate list, 
     derived from any means, that includes the collection of any 
     personally identifiable information relating to an 
     individual's access to or use of any Federal Government 
     Internet site of the agency; or
       (2) to enter into any agreement with a third party 
     (including another government agency) to collect, review, or 
     obtain any aggregate list, derived from any means, that 
     includes the collection of any personally identifiable 
     information relating to an individual's access to or use of 
     any nongovernmental Internet site.
       (b) Exceptions.--The limitations established in subsection 
     (a) shall not apply to--
       (1) any record of aggregate data that does not identify 
     particular persons;
       (2) any voluntary submission of personally identifiable 
     information;
       (3) any action taken for law enforcement, regulatory, or 
     supervisory purposes, in accordance with applicable law; or
       (4) any action described in subsection (a)(1) that is a 
     system security action taken by the operator of an Internet 
     site and is necessarily incident to the rendition of the 
     Internet site services or to the protection of the rights or 
     property of the provider of the Internet site.
       (c) Definitions.--For the purposes of this section:
       (1) The term ``regulatory'' means agency actions to 
     implement, interpret or enforce authorities provided in law.
       (2) The term ``supervisory'' means examinations of the 
     agency's supervised institutions, including assessing safety 
     and soundness, overall financial condition, management 
     practices and policies and compliance with applicable 
     standards as provided in law.
       Sec. 634. (a) None of the funds appropriated by this Act 
     may be used to enter into or renew a contract which includes 
     a provision providing prescription drug coverage, except 
     where the contract also includes a provision for 
     contraceptive coverage.
       (b) Nothing in this section shall apply to a contract 
     with--
       (1) any of the following religious plans:
       (A) Personal Care's HMO; and
       (B) OSF Health Plans, Inc.; and
       (2) any existing or future plan, if the carrier for the 
     plan objects to such coverage on the basis of religious 
     beliefs.
       (c) In implementing this section, any plan that enters into 
     or renews a contract under this section may not subject any 
     individual to discrimination on the basis that the individual 
     refuses to prescribe or otherwise provide for contraceptives 
     because such activities would be contrary to the individual's 
     religious beliefs or moral convictions.
       (d) Nothing in this section shall be construed to require 
     coverage of abortion or abortion-related services.
       Sec. 635. The Congress of the United States recognizes the 
     United States Anti-Doping Agency (USADA) as the official 
     anti-doping agency for Olympic, Pan American, and Paralympic 
     sport in the United States.
       Sec. 636. (a) The adjustment in rates of basic pay for 
     employees under the statutory pay systems that takes effect 
     in fiscal year 2004 under sections 5303 and 5304 of title 5, 
     United States Code, shall be an increase of 4.1 percent, and 
     this adjustment shall apply to civilian employees in the 
     Department of Defense and the Department of Homeland Security 
     and such adjustments shall be effective as of the first day 
     of the first applicable pay period beginning on or after 
     January 1, 2004.
       (b) Notwithstanding section 713 of this Act, the adjustment 
     in rates of basic pay for the statutory pay systems that take 
     place in fiscal year 2004 under sections 5344 and 5348 of 
     title 5, United States Code, shall be no less than the 
     percentage in paragraph (a) as employees in the same location 
     whose rates of basic pay are adjusted pursuant to the 
     statutory pay systems under section 5303 and 5304 of title 5, 
     United States Code. Prevailing rate employees at locations 
     where there are no employees whose pay is increased pursuant 
     to sections 5303 and 5304 of title 5 and prevailing rate 
     employees described in section 5343(a)(5) of title 5 shall be 
     considered to be located in the pay locality designated as 
     ``Rest of US'' pursuant to section 5304 of title 5 for 
     purposes of this paragraph.
       (c) Funds used to carry out this section shall be paid from 
     appropriations, which are made to each applicable department 
     or agency for salaries and expenses for fiscal year 2004.
       Sec. 637. Not later than 6 months after the date of 
     enactment of this Act, the Inspector General of each 
     applicable department or agency shall submit to the Committee 
     on Appropriations a report detailing what policies and 
     procedures are in place for each department or agency to give 
     first priority to the location of new offices and other 
     facilities in rural areas, as directed by the Rural 
     Development Act of 1972.
       Sec. 638. None of the funds made available under this or 
     any other Act for fiscal year 2004 shall be expended for the 
     purchase of a product or service offered by Federal Prison 
     Industries, Inc. unless the agency making such purchase 
     determines that such offered product or service provides the 
     best value to the buying agency

[[Page 25837]]

     pursuant to governmentwide procurement regulations, issued 
     pursuant to section 25(c)(1) of the Office of Federal 
     Procurement Act (41 U.S.C. 421(c)(1)) that impose procedures, 
     standards, and limitations of section 2410n of title 10, 
     United States Code.
       Sec. 639. Notwithstanding any other provision of law, funds 
     appropriated for official travel by Federal departments and 
     agencies may be used by such departments and agencies, if 
     consistent with Office of Management and Budget Circular A-
     126 regarding official travel for Government personnel, to 
     participate in the fractional aircraft ownership pilot 
     program.
       Sec. 640. Each Executive department and agency shall 
     evaluate the creditworthiness of an individual before issuing 
     the individual a government purchase charge card or 
     government travel charge card. The department or agency may 
     not issue a government purchase charge card or government 
     travel charge card to an individual that either lacks a 
     credit history or is found to have an unsatisfactory credit 
     history as a result of this evaluation: Provided, That this 
     restriction shall not preclude issuance of a restricted-use 
     charge, debit, or stored value card made in accordance with 
     agency procedures to (a) an individual with an unsatisfactory 
     credit history where such card is used to pay travel expenses 
     and the agency determines there is no suitable alternative 
     payment mechanism available before issuing the card, or (b) 
     an individual who lacks a credit history. Each Executive 
     department and agency shall establish guidelines and 
     procedures for disciplinary actions to be taken against 
     agency personnel for improper, fraudulent, or abusive use of 
     government charge cards, which shall include appropriate 
     disciplinary actions for use of charge cards for purposes, 
     and at establishments, that are inconsistent with the 
     official business of the Department or agency or with 
     applicable standards of conduct. Disciplinary actions may 
     include, but are not limited to, the review of the security 
     clearance of the individual involved and the modification or 
     revocation of such security clearance in light of the review.
       Sec. 641. Notwithstanding any other provision of law, no 
     executive branch agency shall purchase, construct, and/or 
     lease any additional facilities, except within or contiguous 
     to existing locations, to be used for the purpose of 
     conducting Federal law enforcement training without the 
     advance approval of the Committees on Appropriations, except 
     that the Federal Law Enforcement Training Center is 
     authorized to obtain the temporary use of additional 
     facilities by lease, contract, or other agreement for 
     training which cannot be accommodated in existing Center 
     facilities.
       Sec. 642. Not later than December 31 of each year, the head 
     of each agency shall submit to Congress a report on the 
     competitive sourcing activities performed during the previous 
     fiscal year by Federal Government sources that are on the 
     list required under the Federal Activities Inventory Reform 
     Act of 1998 (Public Law 105-270; 31 U.S.C. 501 note). The 
     report shall include--
       (1) the number of full time equivalent Federal employees 
     studied for competitive sourcing;
       (2) the total agency cost required to carry out its 
     competitive sourcing program;
       (3) the costs attributable to paying outside consultants 
     and contractors to carry out the agency's competitive 
     sourcing program;
       (4) the costs attributable to paying agency personnel to 
     carry out its competitive sourcing program; and
       (5) an estimate of the savings attributed as a result of 
     the agency competitive sourcing program.
       Sec. 643. (a) None of the funds made available in this Act 
     may be used to administer or enforce part 515 of title 31, 
     Code of Federal Regulations (the Cuban Assets Control 
     Regulations) with respect to any travel or travel-related 
     transaction.
       (b) The limitation established in subsection (a) shall not 
     apply to the administration of general or specific licenses 
     for travel or travel-related transactions, shall not apply to 
     section 515.204, 515.206, 515.332, 515.536, 515.544, 515.547, 
     515.560(c)(3), 515.569, 515.571, or 515.803 of such part 515, 
     and shall not apply to transactions in relation to any 
     business travel covered by section 515.560(g) of such part 
     515.
       (c) This section shall take effect one day after date of 
     enactment.
       Sec. 644. (a) Not later than December 31 of each year, the 
     head of each executive agency shall submit to Congress 
     (instead of the report required by section 642) a report on 
     the competitive sourcing activities on the list required 
     under the Federal Activities Inventory Reform Act of 1998 
     (Public Law 105-270; 31 U.S.C. 501 note) that were performed 
     for such executive agency during the previous fiscal year by 
     Federal Government sources. The report shall include--
       (1) the total number of competitions completed;
       (2) the total number of competitions announced, together 
     with a list of the activities covered by such competitions;
       (3) the total number (expressed as a full-time employee 
     equivalent number) of the Federal employees studied under 
     completed competitions;
       (4) the total number (expressed as a full-time employee 
     equivalent number) of the Federal employees that are being 
     studied under competitions announced but not completed;
       (5) the incremental cost directly attributable to 
     conducting the competitions identified under paragraphs (1) 
     and (2), including costs attributable to paying outside 
     consultants and contractors;
       (6) an estimate of the total anticipated savings, or a 
     quantifiable --description of improvements in service or 
     performance, derived from completed competitions;
       (7) actual savings, or a quantifiable description of 
     improvements in --service or performance, derived from the 
     implementation of competitions completed after May 29, 2003;
       (8) the total projected number (expressed as a full-time 
     employee equivalent number) of the Federal employees that are 
     to be covered by competitions scheduled to be announced in 
     the fiscal year covered by the next report required under 
     this section; and
       (9) a general description of how the competitive sourcing 
     decisionmaking processes of the executive agency are aligned 
     with the strategic workforce plan of that executive agency.
       (b) The head of an executive agency may not be required, 
     under Office of Management and Budget Circular A-76 or any 
     other policy, directive, or regulation, to conduct a follow-
     on public-private competition to a prior public-private 
     competition conducted under such circular within five years 
     of the prior public-private competition if the activity or 
     function covered by the prior public-private competition was 
     performed by Federal Government employees as a result of the 
     prior public-private competition.
       (c) Hereafter, the head of an executive agency may expend 
     funds appropriated or otherwise made available for any 
     purpose to the executive agency under this or any other Act 
     to monitor (in the administration of responsibilities under 
     Office of Management and Budget Circular A-76 or any related 
     policy, directive, or regulation) the performance of an 
     activity or function of the executive agency that has 
     previously been subjected to a public-private competition 
     under such circular.
       (d) For the purposes of subchapter V of chapter 35 of title 
     31, United States Code--
       (1) the person designated to represent employees of the 
     Federal Government in a public-private competition regarding 
     the performance of an executive agency activity or function 
     under Office of Management and Budget Circular A-76--
       (A) shall be treated as an interested party on behalf of 
     such employees; and
       (B) may submit a protest with respect to such public-
     private competition on behalf of such employees; and
       (2) the Comptroller General shall dispose of such a protest 
     in accordance with the policies and procedures applicable to 
     protests described in section 3551(1) of such title under the 
     procurement protest system provided under such subchapter.
       (e) An activity or function of an executive agency that is 
     converted to contractor performance under Office of 
     Management and Budget Circular A-76 may not be performed by 
     the contractor at a location outside the United States except 
     to the extent that such activity or function was previously 
     been performed by Federal Government employees outside the 
     United States.
       (f) The process that applies to the selection of architects 
     and engineers for meeting the requirements of an executive 
     agency for architectural and engineering services under 
     chapter 11 of title 40, United States Code, shall apply to a 
     public-private competition for the performance of 
     architectural and engineering services for an executive 
     agency.
       (g) In this section, the term ``executive agency'' has the 
     meaning given such term in section 4 of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 403).
       Sec. 645. Motorist Information Concerning Pharmacy 
     Services. (a) In General.--Not later than 180 days after the 
     date of enactment of this Act, the Secretary of 
     Transportation shall amend the Manual on Uniform Traffic 
     Control Devices to include a provision requiring that 
     information be provided to motorists to assist motorists in 
     locating licensed 24-hour pharmacy services open to the 
     public.
       (b) Logo Panel.--The provision under subsection (a) shall 
     require placement of a logo panel that displays information 
     disclosing the names or logos of pharmacies described in 
     subsection (a) that are located within 3 miles of an 
     interchange on the Federal-aid system (as defined in section 
     101 of title 23, United States Code).
       Sec. 646. (a) None of the funds appropriated or otherwise 
     made available by this Act may be used to remove any area 
     within a locality pay area established under section 5304 of 
     title 5, United States Code, from coverage under that 
     locality pay area.
       (b) Subsection (a) shall not apply to the Rest of U.S. 
     locality pay area.
       Sec. 647. Notwithstanding section 1346 of title 31, United 
     States Code, and section 610 of this Act, the head of each 
     executive department and agency shall transfer to or 
     reimburse the Federal Aviation Administration, with the 
     approval of the Director of the Office of Management and 
     Budget, funds made available by this or any other Act for the 
     purposes described below, and shall submit budget requests 
     for such purposes. These funds shall be administered by the 
     Federal Aviation Administration as approved by the Director 
     of the Office of Management and Budget, in consultation with 
     the appropriate interagency groups designated by the Director 
     to ensure the operation of the Midway Atoll Airfield by the 
     Federal Aviation Administration pursuant to an operational 
     agreement with the Department of the Interior. The total 
     funds transferred or reimbursed shall not exceed $6,000,000 
     and shall not be available for activities other than the 
     operation of the airfield. The Director of the Office of 
     Management and Budget shall notify the Committees on 
     Appropriations of such transfers or reimbursements

[[Page 25838]]

     within 15 days of this Act. Such transfers or reimbursements 
     shall begin within 30 days of enactment of this Act.
       This Act may be cited as the ``Transportation, Treasury, 
     and General Government Appropriations Act, 2004''.

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