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Placed on Calendar Senate (09/15/2004)

 
[Congressional Bills 108th Congress]
[From the U.S. Government Printing Office]
[S. 2806 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 696
108th CONGRESS
  2d Session
                                S. 2806

                          [Report No. 108-342]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 15, 2004

    Mr. Shelby, from the Committee on Appropriations, reported the 
    following original bill; which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Departments of Transportation and Treasury, the 
Executive Office of the President, and certain independent agencies for 
the fiscal year ending September 30, 2005, and for other purposes, 
namely:

                                TITLE I

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary

                         salaries and expenses

    For necessary expenses of the Office of the Secretary, $86,000,000, 
of which not to exceed $2,400,000 shall be available for the immediate 
Office of the Secretary; not to exceed $725,000 shall be available for 
the immediate Office of the Deputy Secretary; not to exceed $15,700,000 
shall be available for the Office of the General Counsel; not to exceed 
$12,627,000 shall be available for the Office of the Under Secretary of 
Transportation for Policy; not to exceed $8,600,000 shall be available 
for the Office of the Assistant Secretary for Budget and Programs; not 
to exceed $2,500,000 shall be available for the Office of the Assistant 
Secretary for Governmental Affairs; not to exceed $24,364,000 shall be 
available for the Office of the Assistant Secretary for Administration; 
not to exceed $1,968,000 shall be available for the Office of Public 
Affairs; not to exceed $1,484,000 shall be available for the Office of 
the Executive Secretariat; not to exceed $750,000 shall be available 
for the Board of Contract Appeals; not to exceed $1,290,000 shall be 
available for the Office of Small and Disadvantaged Business 
Utilization; not to exceed $2,200,000 for the Office of Intelligence 
and Security; and not to exceed $11,392,000 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.

                         office of civil rights

    For necessary expenses of the Office of Civil Rights, $8,700,000.

                     compensation for air carriers

                              (rescission)

    Of the funds made available under section 101(a)(2) of Public Law 
107-42, $235,000,000 are rescinded.

           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, $15,000,000.

                          working capital fund

    Necessary expenses for operating costs and capital outlays of the 
Working Capital Fund, not to exceed $151,054,000, shall be paid from 
appropriations made available to the Department of Transportation: 
Provided, That such services shall be provided on a competitive basis 
to entities within the Department of Transportation: Provided further, 
That the above limitation on operating expenses shall not apply to non-
DOT entities: Provided further, That no funds appropriated in this Act 
to an agency of the Department shall be transferred to the Working 
Capital Fund without the approval of the agency modal administrator: 
Provided further, That no assessments may be levied against any 
program, budget activity, subactivity or project funded by this Act 
unless notice of such assessments and the basis therefor are presented 
to the House and Senate Committees on Appropriations and are approved 
by such Committees.

               minority business resource center program

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

                       minority business outreach

    For necessary expenses of Minority Business Resource Center 
outreach activities, $3,000,000, to remain available until September 
30, 2006: Provided, That notwithstanding 49 U.S.C. 332, these funds may 
be used for business opportunities related to any mode of 
transportation.

                        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 108-176, 
$7,784,000,000, of which $4,959,503,000 shall be derived from the 
Airport and Airway Trust Fund, of which not to exceed $6,267,870,000 
shall be available for air traffic services program activities; not to 
exceed $905,194,000 shall be available for aviation regulation and 
certification program activities; not to exceed $224,239,000 shall be 
available for research and acquisition program activities; not to 
exceed $11,674,000 shall be available for commercial space 
transportation program activities; not to exceed $53,624,000 shall be 
available for financial services program activities; not to exceed 
$78,660,000 shall be available for human resources program activities; 
not to exceed $88,479,000 shall be available for regional coordination 
program activities; not to exceed $150,739,000 shall be available for 
staff offices; and not to exceed $36,254,000 shall be available for 
information services: Provided, That none of the funds in this Act 
shall be available for the Federal Aviation Administration to finalize 
or implement any regulation that would promulgate new aviation user 
fees not specifically authorized by law after the date of the enactment 
of this Act: Provided further, That there may be credited to this 
appropriation funds received from States, counties, municipalities, 
foreign authorities, other public authorities, and private sources, for 
expenses incurred in the provision of agency services, including 
receipts for the maintenance and operation of air navigation 
facilities, and for issuance, renewal or modification of certificates, 
including airman, aircraft, and repair station certificates, or for 
tests related thereto, or for processing major repair or alteration 
forms: Provided further, That of the funds appropriated under this 
heading, not less than $7,000,000 shall be for the contract tower cost-
sharing program: Provided further, That funds may be used to enter into 
a grant agreement with a nonprofit standard-setting organization to 
assist in the development of aviation safety standards: Provided 
further, That none of the funds in this Act shall be available for new 
applicants for the second career training program: Provided further, 
That none of the funds in this Act shall be available for paying 
premium pay under 5 U.S.C. 5546(a) to any Federal Aviation 
Administration employee unless such employee actually performed work 
during the time corresponding to such premium pay: Provided further, 
That none of the funds in this Act may be obligated or expended to 
operate a manned auxiliary flight service station in the contiguous 
United States: Provided further, That none of the funds in this Act for 
aeronautical charting and cartography are available for activities 
conducted by, or coordinated through, the Working Capital Fund.

                        facilities and equipment

                    (airport and airway trust fund)

    For necessary expenses, not otherwise provided for, for 
acquisition, establishment, technical support services, improvement by 
contract or purchase, and hire of air navigation and experimental 
facilities and equipment, as authorized under part A of subtitle VII of 
title 49, United States Code, including initial acquisition of 
necessary sites by lease or grant; engineering and service testing, 
including construction of test facilities and acquisition of necessary 
sites by lease or grant; construction and furnishing of quarters and 
related accommodations for officers and employees of the Federal 
Aviation Administration stationed at remote localities where such 
accommodations are not available; and the purchase, lease, or transfer 
of aircraft from funds available under this heading; to be derived from 
the Airport and Airway Trust Fund, $2,500,000,000, of which 
$2,071,300,000 shall remain available until September 30, 2007, and of 
which $428,700,000 shall remain available until September 30, 2005: 
Provided, That there may be credited to this appropriation funds 
received from States, counties, municipalities, other public 
authorities, and private sources, for expenses incurred in the 
establishment and modernization of air navigation facilities: Provided 
further, That upon initial submission to the Congress of the fiscal 
year 2006 President's budget, the Secretary of Transportation shall 
transmit to the Congress a comprehensive capital investment plan for 
the Federal Aviation Administration which includes funding for each 
budget line item for fiscal years 2006 through 2010, with total funding 
for each year of the plan constrained to the funding targets for those 
years as estimated and approved by the Office of Management and Budget.

                        facilities and equipment

                    (airport and airway trust fund)

                              (rescission)

    Of the available balances under this heading, $50,000,000 are 
rescinded.

                 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, $129,427,000, to be derived from the Airport and Airway Trust 
Fund and to remain available until September 30, 2007: Provided, That 
there may be credited to this appropriation funds received from States, 
counties, municipalities, other public authorities, and private 
sources, for expenses incurred for research, engineering, and 
development.

                       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, $2,800,000,000 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 
$3,500,000,000 in fiscal year 2005, 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 $68,802,000 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 
Program.

                       grants-in-aid for airports

                    (airport and airway trust fund)

                 (rescission of contract authorization)

    Of the amount authorized for the fiscal year ending September 30, 
2004, under sections 48103 and 48112 of title 49, United States Code, 
$265,000,000 are rescinded.

          general provisions--federal aviation administration

                     (including transfers of funds)

    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 2005.
    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 
facilities.
    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. Title 49, United States Code, is amended:
            (1) In section 44302(f) by striking ``August 31, 2004 and 
        may extend through December 31, 2004,'' and inserting in lieu 
        thereof ``December 31, 2005''.
            (2) In section 44302(g)(1) by striking ``may provide'' and 
        inserting in lieu thereof ``shall make available''.
            (3) In section 44303(b) by--
                    (A) striking ``December 31, 2004'' and inserting in 
                lieu thereof ``December 31, 2005''; and
                    (B) striking the phrase ``may extend'' in the last 
                sentence of the subsection and inserting in lieu 
                thereof ``shall extend''.

                     Federal Highway Administration

                 limitation on administrative expenses

    Necessary expenses for administration and operation of the Federal 
Highway Administration, not to exceed $349,594,000, 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.

                          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 $34,900,000,000 for Federal-aid highways and highway 
safety construction programs for fiscal year 2005: Provided, That 
within the $34,900,000,000 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, United States Code, as amended; and sections 5112 and 5204-
5209 of Public Law 105-178) for fiscal year 2005: Provided further, 
That this limitation on transportation research programs shall not 
apply to any authority previously made available for obligation.

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

                          federal-aid highways

                           highway trust fund

                              (rescission)

    Of the unobligated balances of funds apportioned to each State 
under the programs authorized under sections 1101(a)(1), 1101(a)(2), 
1101(a)(3), 1101(a)(4), and 1101(a)(5) of Public Law 105-178, as 
amended, $300,000,000 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, $100,000,000, to remain available until expended.

           general provisions--federal highway administration

    Sec. 110. (a) For fiscal year 2005, the Secretary of Transportation 
shall--
            (1) not distribute from the obligation limitation for 
        Federal-aid highways amounts authorized for administrative 
        expenses 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, for the Bureau 
        of Transportation Statistics, and for the programs, projects, 
        and activities for which funds are made available under section 
        112 of this Act;
            (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 prior fiscal years the 
        funds for which are allocated by the Secretary;
            (3) determine the ratio that--
                    (A) the obligation limitation for Federal-aid 
                highways less the aggregate of amounts not distributed 
                under paragraphs (1) and (2), bears to
                    (B) the total of the sums authorized to be 
                appropriated for Federal-aid highways and highway 
                safety construction programs (other than sums 
                authorized to be appropriated for sections set forth in 
                paragraphs (1) through (7) of subsection (b) and sums 
                authorized to be appropriated for section 105 of title 
                23, United States Code, equal to the amount referred to 
                in subsection (b)(8)) for such fiscal year less the 
                aggregate of the amounts not distributed under 
                paragraph (1) of this subsection;
            (4) distribute the obligation limitation for Federal-aid 
        highways less the aggregate amounts not distributed under 
        paragraphs (1) and (2) for section 201 of the Appalachian 
        Regional Development Act of 1965 and $2,000,000,000 for such 
        fiscal year under section 105 of title 23, United States Code 
        (relating to minimum guarantee) so that the amount of 
        obligation authority available for each of such sections is 
        equal to the amount determined by multiplying the ratio 
        determined under paragraph (3) by the sums authorized to be 
        appropriated for such section (except in the case of section 
        105, $2,000,000,000) for such fiscal year;
            (5) distribute the obligation limitation provided for 
        Federal-aid highways less the aggregate amounts not distributed 
        under paragraphs (1) and (2) and amounts distributed under 
        paragraph (4) for each of the programs that are allocated by 
        the Secretary under title 23, United States Code (other than 
        activities to which paragraph (1) applies and programs to which 
        paragraph (4) applies) by multiplying the ratio determined 
        under paragraph (3) by the sums authorized to be appropriated 
        for such program for such fiscal year; and
            (6) distribute the obligation limitation provided for 
        Federal-aid highways less the aggregate amounts not distributed 
        under paragraphs (1) and (2) and amounts distributed under 
        paragraphs (4) and (5) for Federal-aid highways and highway 
        safety construction programs (other than the minimum guarantee 
        program, but only to the extent that amounts apportioned for 
        the minimum guarantee program for such fiscal year exceed 
        $2,639,000,000, and the Appalachian development highway system 
        program) that are apportioned by the Secretary under title 23, 
        United States Code, in the ratio that--
                    (A) sums authorized to be appropriated for such 
                programs that are apportioned to each State for such 
                fiscal year, bear to
                    (B) the total of the sums authorized to be 
                appropriated for such programs that are apportioned to 
                all States for such fiscal year.
    (b) 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.
    (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.
    Sec. 111. 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. 112. 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 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 deduct a sum in such amount not to 
exceed .8 percent of all sums so authorized: Provided, That of the 
amount so deducted in accordance with this section $15,000,000 shall be 
made available to provide grants to States for the development or 
enhancement of notification or communication systems along highways for 
alerts and other information for the recovery of abducted children 
under section 303 of Public Law 108-21; $50,000,000 shall be made 
available to make grants to support planning, highway corridor 
development, and highway construction projects in the area that 
comprise the Delta Regional Authority; and $5,000,000 shall be made 
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: Provided further, That the Federal 
share payable on account of any program, project, or activity carried 
out with funds made available under this section shall be 100 percent: 
Provided further, That the sum deducted in accordance with this section 
shall remain available until expended: Provided further, That all funds 
made available under this section shall be subject to any limitation on 
obligations for Federal-aid highways and highway safety construction 
programs set forth in this Act or any other Act: Provided further, That 
the obligation limitation made available for the programs, projects, 
and activities for which funds are made available under this section 
shall remain available until used and shall be in addition to the 
amount of any limitation imposed on obligations for Federal-aid highway 
and highway safety construction programs for future fiscal years.
    Sec. 113. Of the funds made available under section 188(a)(1) of 
title 23, United States Code, $100,000,000 are rescinded.
    Sec. 114. Division F, title I, section 115 of Public Law 108-199 is 
amended by inserting before the period at the end the following: ``: 
Provided further, That notwithstanding any other provision of law and 
the preceding clauses of this provision, the Secretary of 
Transportation may use amounts made available by this section to make 
grants for any surface transportation project otherwise eligible for 
funding under title 23 or title 49, United States Code''.
    Sec. 115. For the purposes of 23 U.S.C. 181(19)(D) the project 
described in section 626 of Division B, title VI of Public Law 108-7 is 
eligible as a publicly owned intermodal surface freight transfer 
facility.
    Sec. 116. Notwithstanding any other provision of law, the 
Department of Transportation shall complete approval of the proposed 
surety substitution for one-half of the bond debt service reserve 
amount for the RETRAC project within 30 days after receiving from 
RETRAC a binding commitment from a qualified provider to deliver a 
surety at an acceptable price. Such bond debt service funds so released 
shall be deposited into the RETRAC project contingency fund for payment 
of RETRAC project costs in the event current project cost projections 
are exceeded.
    Sec. 117. Of the funds provided for under ``Transportation and 
Community and System Preservation Program'' in Public Law 106-69 and 
Public Law 106-346 for the project known as ``Utah-Colorado `Isolated 
Empire' Rail Connector Study'' as referenced in House Report 106-355 
and House Report 106-940, any remaining unobligated balance as of 
October 1, 2004, shall be made available to the Central Utah Rail Line 
(Sigurd/Salina to Levan) Project.
    Sec. 118. Designation of Mike O'Callaghan-Pat Tillman Memorial 
Bridge. (a) In General.--The Hoover Dam Bypass Bridge in the Lake Mead 
National Recreation Area between Nevada and Arizona is designated as 
the ``Mike O'Callaghan-Pat Tillman Memorial Bridge''.
    (b) References in Law.--Any reference in a law (including 
regulations), map, document, paper, or other record of the United 
States to the bridge described in subsection (a) shall be considered to 
be a reference to the Mike O'Callaghan-Pat Tillman Memorial Bridge.

              Federal Motor Carrier Safety Administration

                          motor carrier safety

                 limitation on administrative expenses

                (liquidation of contract authorization)

                          (highway trust fund)

    Notwithstanding any other provision of law, none of the funds in 
this Act shall be available for expenses for administration of motor 
carrier safety programs, motor carrier safety research, and grants, the 
obligations for which are in excess of $260,000,000 for fiscal year 
2005, of which $10,791,000, to remain available until September 30, 
2008, shall be for the research and technology program: Provided, That 
$33,000,000 shall be available to make grants to, or enter into 
contracts with, States, local governments, or other persons for 
carrying out border commercial motor vehicle safety programs and 
enforcement activities and projects for the purposes described in 49 
U.S.C. 31104(f)(2)(B), and the Federal share payable under such grants 
shall be 100 percent; $28,711,000 shall be available for grants to 
States for implementation of section 210 of the Motor Carrier Safety 
Improvement Act of 1999 (113 Stat. 1764-1765), and the Federal share 
payable under such grants shall be 100 percent; $3,000,000 shall be 
available to make grants to, or enter into contracts with, States, 
local governments, or other persons for commercial driver's license 
program improvements, and the Federal share payable under such grants 
shall be 100 percent: Provided further, That notwithstanding any other 
provision of law, for payment of obligations incurred to pay 
administrative expenses of and grants by the Federal Motor Carrier 
Safety Administration, $260,000,000, to be derived from the Highway 
Trust Fund, together with advances and reimbursements received by the 
Federal Motor Carrier Safety Administration, the sum of which shall 
remain available until expended.

                 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'', and of which $18,000,000 
shall be available for grants to States, local governments, or other 
entities for commercial driver's license program improvements: Provided 
further, That for grants made to States for implementation of section 
210 of the Motor Carrier Safety Improvement Act of 1999 (113 Stat. 
1764-1765), and for grants to States, local governments, or other 
entities for commercial driver's license program improvements, the 
Federal share payable under such grants shall be 100 percent.

    general provisions--federal motor carrier safety administration

    Sec. 130. Funds appropriated or limited in this Act shall be 
subject to the terms and conditions stipulated in section 350 of Public 
Law 107-87, including that the Secretary submit a report to the House 
and Senate Appropriations Committees annually on the safety and 
security of transportation into the United States by Mexico-domiciled 
motor carriers.
    Sec. 131. None of the 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, $152,300,000, to be derived from the sum authorized to be 
deducted under section 112 of this Act and transferred to the National 
Highway Traffic Safety Administration, to remain available until 
expended: 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: Provided further, That all 
funds made available under this heading shall be subject to any 
limitation on obligations for Federal-aid highways and highway safety 
construction programs set forth in this Act or any other Act: Provided 
further, That the obligation limitation made available for the 
programs, projects, and activities for which funds are made available 
under this heading 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.

                        operations and research

                (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. 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 2005, are in excess of 
$72,000,000 for programs authorized under 23 U.S.C. 403.

                        national driver register

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

    For payment of obligations incurred in carrying out chapter 303 of 
title 49, United States Code, $4,000,000, to be derived from the 
Highway Trust Fund: 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 $4,000,000 for the National 
Driver Register authorized under chapter 303 of title 49, United States 
Code.

                     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 2005, 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 $8,250,000 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 $2,880,000 of 
the funds subject to allocation under section 157 of title 23, United 
States Code, and not to exceed $2,880,000 of the funds subject to 
apportionment under section 163 of that title, shall be available to 
the National Highway Traffic Safety Administration for administering 
highway safety grants under those sections: 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, $6,000,000 
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.
    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 and 
shall not be used by or made available to any other Federal agency.
    Sec. 142. Notwithstanding any other provision of law, for fiscal 
year 2005 the Secretary of Transportation is authorized to use amounts 
made available to carry out section 157 of title 23, United States 
Code, to make innovative project allocations, not to exceed the prior 
year's amounts for such allocations, before making incentive grants for 
use of seat belts.

                    Federal Railroad Administration

                         safety and operations

    For necessary expenses of the Federal Railroad Administration, not 
otherwise provided for, $139,849,000, of which $15,350,000 shall remain 
available until expended.

                   railroad research and development

    For necessary expenses for railroad research and development, 
$35,225,000, 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 2005.

                    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, $20,000,000, to 
remain available until expended.

                     alaska railroad rehabilitation

    To enable the Secretary of Transportation to make grants to the 
Alaska Railroad, $25,000,000, 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, $1,217,000,000, to 
remain available until September 30, 2005: Provided, That the Secretary 
of Transportation shall approve funding to cover operating losses and 
capital expenditures, including advance purchase orders, for 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 shall reserve $60,000,000 of the funds provided under 
this heading and is authorized to transfer such sums to the Surface 
Transportation Board, upon request from said Board, to carry out 
directed service orders issued pursuant to section 11123 of title 49, 
United States Code to respond to the cessation of commuter rail 
operations by the National Railroad Passenger Corporation: Provided 
further, That the Secretary of Transportation shall make the reserved 
funds available to the National Railroad Passenger Corporation through 
an appropriate grant instrument during the fourth quarter of fiscal 
year 2005 to the extent that no directed service orders have been 
issued by the Surface Transportation Board as of the date of transfer 
or there is a balance of reserved funds not needed by the Board to pay 
for any directed service order issued through September 30, 2005: 
Provided further, That not later than 60 days after enactment of this 
Act, Amtrak shall transmit, in electronic format, to the Secretary of 
Transportation, the House and Senate Committees on Appropriations, the 
House Committee on Transportation and Infrastructure and the Senate 
Committee on Commerce, Science, and Transportation a comprehensive 
business plan approved by the Board of Directors for fiscal year 2005 
under section 24104(a) of title 49, United States Code: Provided 
further, That the business plan shall include, as applicable, targets 
for ridership, revenues, and capital and operating expenses: Provided 
further, That the plan shall also include a separate accounting of such 
targets for the Northeast Corridor; commuter service; long-distance 
Amtrak service; state-supported service; each intercity train route; 
including Autotrain; and commercial activities including contract 
operations and mail and express: 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 October 1, 2004 and no later than 30 days following the last 
business day of the previous month thereafter, Amtrak shall submit to 
the Secretary of Transportation and the House and Senate Committees on 
Appropriations a supplemental report, in electronic format, regarding 
the pending 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, including advance purchase orders, and 
capital projects not approved by the Secretary of Transportation nor on 
the National Railroad Passenger Corporation's fiscal year 2005 business 
plan: Provided further, That Amtrak shall display the business plan and 
all subsequent supplemental plans on the Corporation's website within a 
reasonable timeframe following their submission to the appropriate 
entities: 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.

          general provisions--federal railroad administration

    Sec. 150. For the purpose of assisting State-supported intercity 
rail service, in order to demonstrate whether competition will provide 
higher quality rail passenger service at reasonable prices, the 
Secretary of Transportation, working with affected States, shall 
develop and implement a procedure for fair competitive bidding by 
Amtrak and non-Amtrak operators for State-supported routes: Provided, 
That in the event a State desires to select or selects a non-Amtrak 
operator for the route, the State may make an agreement with Amtrak to 
use facilities and equipment of, or have services provided by, Amtrak 
under terms agreed to by the State and Amtrak to enable the non-Amtrak 
operator to provide the State-supported service: Provided further, That 
if the parties cannot agree on terms, the Secretary shall, as a 
condition of receipt of Federal grant funds, order that the facilities 
and equipment be made available and the services be provided by Amtrak 
under reasonable terms and compensation: Provided further, That when 
prescribing reasonable compensation to Amtrak, the Secretary shall 
consider quality of service as a major factor when determining whether, 
and the extent to which, the amount of compensation shall be greater 
than the incremental costs of using the facilities and providing the 
services: Provided further, That the Secretary may reprogram up to 
$2,500,000 from the Amtrak operating grant funds for costs associated 
with the implementation of the fair bid procedure and demonstration of 
competition under this section.
    Sec. 151. Public Law 97-468 is amended--
            (1) in section 608(a)(5) by striking ``Revenues'' and 
        inserting in lieu thereof ``Any amount appropriated or 
        otherwise made available to the State-owned railroad and any 
        earnings or revenues'' and by striking ``purposes'' and 
        inserting in lieu thereof ``purposes as determined by the 
        State-owned railroad'', and
            (2) by adding a new section as follows: ``Notwithstanding 
        any other provision of law, the Alaska Railroad may take any 
        action necessary to preserve, protect or otherwise modify its 
        railroad tracks and right of way including establishing fire 
        breaks. Any activity that occurred prior to the transfer of the 
        Alaska Railroad from the Federal Railroad Administration to the 
        State of Alaska shall remain the liability of the Federal 
        Railroad Administration.''.
    Sec. 152. Notwithstanding any other provision of law, from funds 
made available to the Federal Railroad Administration under the heading 
``Next Generation High-Speed Rail'' in the Consolidated Appropriations 
Act of 2004 (Public Law 108-199), the Secretary of Transportation may 
award a grant in the amount of $400,000 to the Illinois Department of 
Transportation for KBS Railroad track and grade crossing improvements 
in Kankakee County and Northeastern Illinois.

                     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, $9,984,000: Provided, That no more than $78,000,000 of 
budget authority shall be available for these purposes: Provided 
further, That of the funds available not to exceed $900,000 shall be 
available for the Office of the Administrator; not to exceed $6,725,000 
shall be available for the Office of Administration; not to exceed 
$4,050,000 shall be available for the Office of the Chief Counsel; not 
to exceed $1,210,000 shall be available for the Office of Communication 
and Congressional Affairs; not to exceed $7,120,000 shall be available 
for the Office of Program Management; not to exceed $6,700,000 shall be 
available for the Office of Budget and Policy; not to exceed $4,830,000 
shall be available for the Office of Demonstration and Innovation; not 
to exceed $2,750,000 shall be available for the Office of Civil Rights; 
not to exceed $4,000,000 shall be available for the Office of Planning; 
not to exceed $19,200,000 shall be available for regional offices; and 
not to exceed $18,015,000 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 less than $2,500,000 for the National transit database shall remain 
available until expended: Provided further, That upon submission to the 
Congress of the fiscal year 2005 President's budget, the Secretary of 
Transportation shall transmit to Congress the annual report on new 
starts, proposed allocations of funds for fiscal year 2005: Provided 
further, That the amount herein appropriated shall be reduced by 
$100,000 per day for each day after initial submission of the 
President's budget that the report has not been submitted to the 
Congress.

                             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, $512,918,000, to 
remain available until expended: Provided, That no more than 
$4,007,175,000 of budget authority shall be available for these 
purposes.

                   university transportation research

    For necessary expenses to carry out 49 U.S.C. 5505, $768,000,000, 
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, $16,384,000, to remain 
available until expended: Provided, That no more than $128,000,000 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 $37,500,000 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, $6,764,976,000, to remain available until expended, and to 
be derived from the Mass Transit Account of the Highway Trust Fund: 
Provided, That $3,494,257,000 shall be paid to the Federal Transit 
Administration's formula grants account: Provided further, That 
$111,616,000 shall be paid to the Federal Transit Administration's 
transit planning and research account: Provided further, That 
$68,016,000 shall be paid to the Federal Transit Administration's 
administrative expenses account: Provided further, That $5,232,000 
shall be paid to the Federal Transit Administration's university 
transportation research account: Provided further, That $109,000,000 
shall be paid to the Federal Transit Administration's job access and 
reverse commute grants program: Provided further, That $2,976,855,000 
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, $436,970,000, to remain available until expended: Provided, That 
no more than $3,413,825,000 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, $725,000,000; 
and there shall be available for new fixed guideway systems, 
$1,474,425,000 to carry out section 3037 of Public Law 105-178, as 
amended.

                 job access and reverse commute grants

                     (including transfer of funds)

    For necessary expenses to carry out section 3037 of the Federal 
Transit Act of 1998, $16,000,000, 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. 160. 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. 161. Notwithstanding any other provision of law, and except 
for fixed guideway modernization projects, funds made available by this 
Act under ``Federal Transit Administration, Capital investment grants'' 
for projects specified in this Act or identified in reports 
accompanying this Act not obligated by September 30, 2007, and other 
recoveries, shall be made available for other projects under 49 U.S.C. 
5309.
    Sec. 162. Notwithstanding any other provision of law, any funds 
appropriated before October 1, 2004, under any section of chapter 53 of 
title 49, United States Code, that remain available for expenditure may 
be transferred to and administered under the most recent appropriation 
heading for any such section.
    Sec. 163. 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. 164. 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. 165. The Secretary shall continue the pilot program authorized 
under section 166 of the Consolidated Appropriations Act, 2004, Public 
Law 108-199, 118 STAT. 309, for cooperative procurement of major 
capital equipment under sections 5307, 5309, and 5311. The program 
shall be administered as required under subsections (b) through (g) of 
section 166, except that there shall be five pilot projects: Provided, 
That the Secretary shall evaluate all proposals based on selection 
criteria set forth in the announcement of the program and request for 
proposals (Federal Register Notice--Vol. 69, No. 120, Page 35127, June 
23, 2004). All proposed projects shall be evaluated and the proposing 
party shall receive notification of acceptance or denial by no later 
than 15 days after the Secretary receives a request for review of a 
proposed project: Provided further, That not later than 30 days after 
delivery of the base order under each of the five 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. 166. Amounts made available under Chapter 53 of title 49, 
United States Code and section 1108 of Public Law 102-240 to the Port 
Authority of Allegheny County for the Airport Busway/Wabash HOV 
Facility project that remain unexpended may be used by the Port 
Authority for the purchase of buses and bus-related equipment in 
accordance with 49 U.S.C. 5309.
    Sec. 167. Notwithstanding any other provision of law, any 
unobligated funds made available under the bus category of the Capital 
Investment Account in prior fiscal year Appropriations Act for the 
Greater New Haven Transit District Fuel Cell and Electric Bus project 
or CNG/alternative fuel vehicle project shall be transferred to and 
administered under the Transit Planning and Research account, subject 
to such terms and conditions as the Secretary deems appropriate.
    Sec. 168. Notwithstanding any other provision of law, any 
unobligated funds made available to the Matanuska Susitna Borough under 
``Federal Transit Administration, Buses and Bus Facilities'' shall be 
available for expenditure on ferry boat and ferry facilities and 
related expenses as part of the Port MacKenzie Intermodal Facility 
project.
    Sec. 169. Notwithstanding any other provision of law, $8,900,000 of 
the funds made available under the new fixed guideway systems category 
of the Capital Investment Grants account in Public Law 107-87 for the 
``Honolulu, Hawaii, bus rapid transit project'' shall be made available 
to the City and County of Honolulu for replacement, rehabilitation, and 
purchase of buses and related equipment and the construction of bus-
related facilities under 49 U.S.C. 5309 and shall remain available to 
the City and County of Honolulu for those purposes until expended: 
Provided, That any remaining unobligated balance from said project in 
Public Law 107-87 shall be transferred for any eligible activity under 
Title 23 of the United States Code, and administered under that Title, 
for use on improvements to the Kapolei Interchange Complex and shall 
remain available until expended: Provided further, That funds made 
available in Public Law 108-10 for ``Hawaii: BRT Systems, Appurtenances 
and Facilities'' shall be generally available for bus and bus 
facilities by the City and County of Honolulu.
    Sec. 170. Notwithstanding any other provision of law, the Navy may 
receive funds from the State of Hawaii for the procurement of passenger 
ferry boats to provide passenger ferry transportation services for the 
Arizona War Memorial.
    Sec. 171. The Federal Transit Administration is directed to comply 
with Section 3042 of the Federal Transit Act of 1998 (Public Law 105-
178, as amended; 112 Stat. 338) and is further directed to comply with 
the associated Committee report language contained in House Report 108-
401, accompanying H.R. 2673, pages 997-998.
    Sec. 172. 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 2005, 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. 173. Funds made available for the Burlington-Bennington, 
Vermont Commuter Rail project in Public Law 106-346, the Burlington-
Middlebury, Vermont Commuter Rail project and Vermont Transportation 
Authority Rolling Stock in Public Law 108-7 that remain unobligated, 
and funds made available for the Burlington-Essex, Vermont commuter 
rail project in Public Laws 105-277 and 105-66 that remain unexpended 
shall be transferred to the Federal Railroad Administration and made 
available to upgrade and improve the publicly-owned Vermont Rail 
Infrastructure from Bennington to Burlington with a northern terminus 
in Essex Junction: Provided, That the Federal share shall be 80 percent 
of the total cost of the project and funds shall remain available until 
expended.

             Saint Lawrence Seaway Development Corporation

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

                       operations and maintenance

                    (harbor maintenance trust fund)

    For necessary expenses for operations and maintenance of those 
portions of the Saint Lawrence Seaway operated and maintained by the 
Saint Lawrence Seaway Development Corporation, $15,900,000, to be 
derived from the Harbor Maintenance Trust Fund, pursuant to Public Law 
99-662.

                        Maritime Administration

                       maritime security program

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

                        operations and training

    For necessary expenses of operations and training activities 
authorized by law, $110,910,000, of which $23,753,000 shall remain 
available until September 30, 2005, for salaries and benefits of 
employees of the United States Merchant Marine Academy; of which 
$13,138,000 shall remain available until expended for capital 
improvements at the United States Merchant Marine Academy; and of which 
$8,090,000 shall remain available until expended for the State Maritime 
Schools Schoolship Maintenance and Repair.

                             ship disposal

    For necessary expenses related to the disposal of obsolete vessels 
in the National Defense Reserve Fleet of the Maritime Administration, 
$21,616,000, 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 $4,764,000, which shall be transferred to and 
merged with the appropriation for Operations and Training.

           national defense tank vessel construction program

    For necessary expenses to carry out the program of financial 
assistance for the construction of new product tank vessels as 
authorized by section 53101 of title 46, United States Code, as 
amended, $150,000,000, to remain available until expended.

                           ship construction

                              (rescission)

    Of the unobligated balances available under this heading, 
$1,900,000 are rescinded.

              general provisions--maritime administration

    Sec. 180. 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. 181. 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, $49,000,000, of which $645,000 
shall be derived from the Pipeline Safety Fund, and of which $2,884,000 
shall remain available until September 30, 2007: Provided, That up to 
$1,200,000 in fees collected under 49 U.S.C. 5108(g) shall be deposited 
in the general fund of the Treasury as offsetting receipts: Provided 
further, That there may be credited to this appropriation, to be 
available until expended, funds received from States, counties, 
municipalities, other public authorities, and private sources for 
expenses incurred for training, for reports publication and 
dissemination, and for travel expenses incurred in performance of 
hazardous materials exemptions and approvals functions.

                            pipeline safety

                         (pipeline safety fund)

                    (oil spill liability trust fund)

    For expenses necessary to conduct the functions of the pipeline 
safety program, for grants-in-aid to carry out a pipeline safety 
program, as authorized by 49 U.S.C. 60107, and to discharge the 
pipeline program responsibilities of the Oil Pollution Act of 1990, 
$71,073,000, of which $19,000,000 shall be derived from the Oil Spill 
Liability Trust Fund and shall remain available until September 30, 
2007; of which $52,073,000 shall be derived from the Pipeline Safety 
Fund, of which $23,285,000 shall remain available until September 30, 
2007.

                     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 2005 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), 5127(c), and 
5127(d) shall be made available for obligation by individuals other 
than the Secretary of Transportation, or his designee.

                      Office of Inspector General

                         salaries and expenses

    For necessary expenses of the Office of Inspector General to carry 
out the provisions of the Inspector General Act of 1978, as amended, 
$59,000,000: 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, $21,250,000: 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 2005, to 
result in a final appropriation from the general fund estimated at no 
more than $20,200,000.

            General Provisions--Department of Transportation

                     (including transfers of funds)

    Sec. 185. 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. 186. Appropriations contained in this Act for the Department 
of Transportation shall be available for services as authorized by 5 
U.S.C. 3109, but at rates for individuals not to exceed the per diem 
rate equivalent to the rate for an Executive Level IV.
    Sec. 187. None of the funds in this Act shall be available for 
salaries and expenses of more than 106 political and Presidential 
appointees in the Department of Transportation: Provided, That none of 
the personnel covered by this provision may be assigned on temporary 
detail outside the Department of Transportation.
    Sec. 188. None of the funds in this Act shall be used to implement 
section 404 of title 23, United States Code.
    Sec. 189. (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. 190. 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. 191. Notwithstanding any other provisions of law, rule or 
regulation, the Secretary of Transportation is authorized to allow the 
issuer of any preferred stock heretofore sold to the Department to 
redeem or repurchase such stock upon the payment to the Department of 
an amount determined by the Secretary.
    Sec. 192. None of the funds in this Act to the Department of 
Transportation may be used to make a grant unless the Secretary of 
Transportation notifies the House and Senate Committees on 
Appropriations not less than 3 full business days before any 
discretionary grant award, letter of intent, or full funding grant 
agreement totaling $1,000,000 or more is announced by the department or 
its modal administrations from: (1) any discretionary grant program of 
the Federal Highway Administration other than the emergency relief 
program; (2) the airport improvement program of the Federal Aviation 
Administration; or (3) any program of the Federal Transit 
Administration other than the formula grants and fixed guideway 
modernization programs: Provided, That no notification shall involve 
funds that are not available for obligation.
    Sec. 193. 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. 194. 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. 195. 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. 196. None of the funds made available in this Act to the 
Department of Transportation may be obligated for the Office of the 
Secretary of Transportation to approve assessments or reimbursable 
agreements pertaining to funds appropriated to the modal 
administrations in this Act, except for activities underway on the date 
of enactment of this Act, unless such assessments or agreements have 
completed the normal reprogramming process for Congressional 
notification.
    Sec. 197. Funds provided in this Act for the Working Capital Fund 
shall be reduced by $20,844,000, which limits fiscal year 2005 Working 
Capital Fund obligational authority for elements of the Department of 
Transportation funded in this Act to no more than $130,210,000: 
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. 198. For the purpose of any applicable law, for fiscal year 
2005, the city of Norman, Oklahoma, shall be considered to be part of 
the Oklahoma City Transportation Management Area.
    Sec. 199. None of the funds appropriated or otherwise made 
available by this Act may be obligated or expended to establish or 
implement section 41747 of title 49, United States Code, or any similar 
essential air service local participation program.

                                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, $161,313,000, of which not to exceed $7,355,243 for 
executive direction program activities; not to exceed $7,415,212 for 
general counsel program activities; not to exceed $31,907,453 for 
economic policies and programs activities; not to exceed $26,071,694 
for financial policies and programs activities; not to exceed 
$12,226,710 for terrorism and financial intelligence policies and 
programs activities; not to exceed $16,519,680 for Treasury-wide 
management policies and programs activities; not to exceed $59,817,008 
for administration programs activities: Provided, That the Secretary of 
the Treasury is authorized to transfer funds appropriated for any 
program activity of the Departmental Offices to any other program 
activity of the Departmental Offices upon notification to the House and 
Senate Committees on Appropriations: Provided further, That no 
appropriation for any program activity 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 the funds identified within the administration program 
activity to support the Office of Foreign Assets Control shall be 
transferred to ``Office of Foreign Assets Control'': Provided further, 
That this transfer authority shall be in addition to any other provided 
in this Act: Provided further, That of the amount appropriated under 
this heading, not to exceed $3,000,000, to remain available until 
September 30, 2006, 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: Provided further, That of the 
amount appropriated under this heading, $2,900,000 is for grants to 
State and local law enforcement groups to help fight money laundering; 
and $3,393,000, to remain available until September 30, 2006, is 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.

                    office of foreign assets control

    For necessary expenses of the Office of Foreign Assets Control, 
$22,291,000: Provided, That the funding available shall support no less 
than 144 full time equivalent positions.

        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, 
$30,260,000, to remain available until September 30, 2007: Provided, 
That these funds shall be transferred to accounts and in amounts as 
necessary to satisfy the requirements of the Department's offices, 
bureaus, and other organizations: Provided further, That this transfer 
authority shall be in addition to any other transfer authority provided 
in this Act: Provided further, That none of the funds appropriated 
shall be used to support or supplement 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, $16,158,000, 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, $129,126,000; and of which not to exceed $1,500 
shall be available for official reception and representation expenses.

            air transportation stabilization program account

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

           treasury building and annex repair and restoration

    For the repair, alteration, and improvement of the Treasury 
Building and Annex, $12,316,000, to remain available until September 
30, 2007.

                 expanded access to financial services

                              (rescission)

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

                    violent crime reduction program

                              (rescission)

    Of the unobligated balances available under this heading, 
$1,200,000 is rescinded.

                  Financial Crimes Enforcement Network

                         salaries and expenses

    For necessary expenses of the Financial Crimes Enforcement Network, 
including hire of passenger motor vehicles; travel expenses of non-
Federal law enforcement personnel to attend meetings concerned with 
financial intelligence activities, law enforcement, and financial 
regulation; not to exceed $14,000 for official reception and 
representation expenses; and for assistance to Federal law enforcement 
agencies, with or without reimbursement, $72,502,000, of which 
$5,000,000 shall be available for BSA Direct; of which not to exceed 
$7,000,000 shall remain available until September 30, 2007; and of 
which $8,354,000 shall remain available until September 30, 2006: 
Provided, That funds appropriated in this account may be used to 
procure personal services contracts.

                      Financial Management Service

                         salaries and expenses

    For necessary expenses of the Financial Management Service, 
$230,930,000, of which not to exceed $9,220,000 shall remain available 
until September 30, 2007, for information systems modernization 
initiatives; 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, 
$83,000,000; 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 2005 
under such section 5136 for circulating coinage and protective service 
capital investments of the United States Mint shall not exceed 
$41,100,000.

                       Bureau of the Public Debt

                     administering the public debt

    For necessary expenses connected with any public-debt issues of the 
United States, $179,566,000, of which not to exceed $2,500 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 2005 shall be reduced by not more 
than $4,400,000 as definitive security issue fees and Treasury Direct 
Investor Account Maintenance fees are collected, so as to result in a 
final fiscal year 2005 appropriation from the general fund estimated at 
$175,166,000. In addition, $60,000 to be derived from the Oil Spill 
Liability Trust Fund to reimburse the Bureau for administrative and 
personnel expenses for financial management of the Fund, as authorized 
by section 1012 of Public Law 101-380.

                        Internal Revenue Service

                 processing, assistance, and management

    For necessary expenses of the Internal Revenue Service for pre-
filing taxpayer assistance and education, filing and account services, 
shared services support, general management and administration; and 
services as authorized by 5 U.S.C. 3109, at such rates as may be 
determined by the Commissioner, $4,107,325,000, of which up to 
$4,100,000 shall be for the Tax Counseling for the Elderly Program, of 
which $7,500,000 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: Provided, That, pursuant to 39 
U.S.C. 3206(a), funds shall continue to be provided to the United 
States Postal Service for postage due: Provided further, That of the 
amount provided, $126,000,000 shall not be available for obligation 
until September 30, 2005 and shall remain available until September 30, 
2006.

                          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; expanded customer service and 
public outreach programs, strengthened enforcement activities, and 
enhanced research efforts to reduce erroneous filings associated with 
the earned income tax credit; compiling statistics of income and 
conducting compliance research; purchase (for police-type use, not to 
exceed 850) and hire of passenger motor vehicles (31 U.S.C. 1343(b)); 
and services as authorized by 5 U.S.C. 3109, at such rates as may be 
determined by the Commissioner, $4,519,350,000, of which not to exceed 
$1,000,000 shall remain available until September 30, 2007, for 
research.

                          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, $1,606,768,000, of which $200,000,000 shall remain 
available until September 30, 2006.

                     business systems modernization

    For necessary expenses of the Internal Revenue Service, 
$125,000,000, to remain available until September 30, 2007, for the 
capital asset acquisition of information technology systems, including 
management and related contractual costs of said acquisitions, 
including contractual costs associated with operations authorized by 5 
U.S.C. 3109: Provided, That none of these funds may be obligated until 
the Internal Revenue Service submits to the Committees on 
Appropriations, and such Committees approve, a plan for expenditure 
that: (1) meets the capital planning and investment control review 
requirements established by the Office of Management and Budget, 
including Circular A-11 part 3; (2) complies with the Internal Revenue 
Service's enterprise architecture, including the modernization 
blueprint; (3) conforms with the Internal Revenue Service's enterprise 
life cycle methodology; (4) is approved by the Internal Revenue 
Service, the Department of the Treasury, and the Office of Management 
and Budget; (5) has been reviewed by the General Accounting Office; and 
(6) complies with the acquisition rules, requirements, guidelines, and 
systems acquisition management practices of the Federal Government.

                              (rescission)

    Of the funds made available under this heading in Public Law 108-
199, $140,000,000 are rescinded.

               health insurance tax credit administration

    For expenses necessary to implement the health insurance tax credit 
included in the Trade Act of 2002 (Public Law 107-210), $34,841,000.

              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 or not to exceed 
3 percent of appropriations under the heading ``Tax Law Enforcement'' 
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.

             General Provisions--Department of the Treasury

    Sec. 210. Appropriations to the Department of the Treasury in this 
Act shall be available for uniforms or allowances therefor, as 
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and 
cleaning; purchase of insurance for official motor vehicles operated in 
foreign countries; purchase of motor vehicles without regard to the 
general purchase price limitations for vehicles purchased and used 
overseas for the current fiscal year; entering into contracts with the 
Department of State for the furnishing of health and medical services 
to employees and their dependents serving in foreign countries; and 
services authorized by 5 U.S.C. 3109.
    Sec. 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 ``6 years'' and inserting ``7 
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. None of the funds appropriated or otherwise made 
available by this or any other Act may be used by the United States 
Mint or the Bureau of Engraving and Printing to consolidate any program 
or administrative activities of the two Bureaus without the explicit 
approval of the House Committee on Financial Services, the Senate 
Committee on Banking, Housing, and Urban Affairs, and the House of 
Representatives and Senate Committees on Appropriations.
    Sec. 219. Section 101(f) of the Treasury Department Appropriations 
Act, 1997 (division A of Public Law 104-208), as amended, is further 
amended by striking ``hereby'' and ``until October 1, 2004,'' and 
inserting ``Hereafter'' before the phrase ``there is established''.
    Sec. 220. (a) Section 3333 of title 31, United States Code, is 
amended as follows:
            (1) By revising paragraph (a)(1) to read as follows:
    ``(a)(1) The Secretary of the Treasury is not liable for a payment 
made by the Secretary or depositary in due course and without 
negligence, of--
            ``(A) a check, draft, or warrant drawn on the Treasury or 
        the depositary;
            ``(B) an electronic payment issued by the Treasury or the 
        depositary; and
            ``(C) a debt obligation guaranteed or assumed by the United 
        States Government.'';
    (2) By inserting after paragraph (a)(2) the following new 
paragraph:
    ``(3) The amount of the relief shall be charged to the Check 
Forgery Insurance Fund (31 U.S.C. 3343). A recovery or repayment of a 
loss for which replacement is made out of the fund shall be credited to 
the fund and is available for the purposes for which the fund was 
established.''.
    (b) The Check Forgery Insurance Fund (31 U.S.C. 3343) shall be 
available to fund amounts relating to the payment of items listed in 31 
U.S.C. 3333(a)(1), as amended above, prior to the enactment of this 
Act.
    Sec. 221. Not later than December 1, 2004, the Secretary of the 
Treasury shall submit to the Committee a report describing how 
statutory provisions addressing currency manipulation by America's 
trading partners contained in, and relating to, Title 22 U.S.C. 5304, 
5305, and 286y can be better clarified administratively to provide for 
improved and more predictable evaluation, and to enable the problem of 
currency manipulation to be better understood by the American people 
and the Congress.
    Sec. 222. (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.
    Sec. 223. (a) From the unobligated balances available under the 
heading ``Departmental Offices, Salaries and Expenses'', the Secretary 
of the Treasury may use up to $2,000,000 to establish the Office of 
Terrorism and Financial Intelligence.
    (b) Subchapter I of chapter 3 of title 31, United States Code, is 
amended by adding at the end the following:
``Sec. 312. Terrorism and financial intelligence
    ``(a) Office of Terrorism and Financial Intelligence.--
            ``(1) Establishment.--There is established within the 
        Department of the Treasury the Office of Terrorism and 
        Financial Intelligence (in this section referred to as `TFI').
            ``(2) Leadership.--The Under Secretary for Enforcement 
        shall be the head of TFI, and shall report to the Secretary of 
        the Treasury (in this section referred to as the `Secretary') 
        through the Deputy Secretary of the Treasury.
            ``(3) Assignments.--
                    ``(A) Assistant secretaries.--The positions of 
                Assistant Secretary for Terrorist Financing and 
                Assistant Secretary for Intelligence and Analysis shall 
                be within TFI, and shall each report directly to the 
                Under Secretary for Enforcement.
                    ``(B) Office of terrorist financing.--The Office of 
                Terrorist Financing shall be within TFI, and shall 
                report to the Assistant Secretary for Terrorist 
                Financing.
                    ``(C) OIA.--The Office of Intelligence and Analysis 
                (in this section referred to as `OIA') shall be within 
                TFI, and shall report to the Assistant Secretary for 
                Intelligence and Analysis.
                    ``(D) OFAC.--The Office of Foreign Assets Control 
                of the Department (in this section referred to as 
                `OFAC') and the Executive Office for Asset Forfeiture 
                shall be within TFI, and shall report to the Under 
                Secretary for Enforcement, who may redelegate such 
                responsibility to the Assistant Secretary for Terrorist 
                Financing.
                    ``(E) FinCEN.--The Financial Crimes Enforcement 
                Network (in this section referred to as `FinCEN'), a 
                bureau of the Department of the Treasury, shall report 
                to the Under Secretary for Enforcement, who may 
                redelegate such responsibility to the Assistant 
                Secretary for Terrorist Financing.
            ``(4) Functions.--The functions of TFI include providing 
        policy, strategic, and operational direction to the Department 
        on issues relating to--
                    ``(A) terrorist financing;
                    ``(B) financial crimes, including money laundering, 
                counterfeiting, and other offenses threatening the 
                integrity of the financial system;
                    ``(C) United States economic sanctions programs;
                    ``(D) implementation of titles I and II of the Bank 
                Secrecy Act;
                    ``(E) other enforcement matters;
                    ``(F) the intelligence analysis and coordination 
                functions of the Office of Intelligence Analysis; and
                    ``(G) the security functions and programs of the 
                Department of the Treasury.
    ``(b) No Affect on Other Delegations of Authority.--Except as 
otherwise specifically provided in this section, nothing in this 
section is intended to affect any delegation of duties or authority in 
accordance with Department of Treasury Order No. 105-17 (relating to 
the establishment of the Office of Terrorism and Financial 
Intelligence), issued on April 28, 2004.
    ``(c) Designation as Enforcement Organization.--The Office of 
Terrorism and Financial Intelligence (including any components thereof) 
is designated as a law enforcement organization of the Department of 
the Treasury for purposes of section 9703 of title 31, United States 
Code, and other relevant authorities.
    ``(d) References.--References in this section to the `Secretary', 
`Under Secretary', `Deputy Secretary', `Deputy Assistant Secretary', 
`Office', `Assistant Secretary', and `Department' are references to 
positions and offices of the Department of the Treasury, unless 
otherwise specified.''.

                               TITLE III

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                               PRESIDENT

                     Compensation of the President

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

                           White House Office

                         salaries and expenses

    For necessary expenses for the White House as authorized by law, 
including not to exceed $3,850,000 for services as authorized by 5 
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3 
U.S.C. 105, which shall be expended and accounted for as provided in 
that section; hire of passenger motor vehicles, newspapers, 
periodicals, teletype news service, and travel (not to exceed $100,000 
to be expended and accounted for as provided by 3 U.S.C. 103); and not 
to exceed $19,000 for official entertainment expenses, to be available 
for allocation within the Executive Office of the President, 
$63,698,000: Provided, That of the funds appropriated under this 
heading, up to $9,975,000 shall be available for reimbursements to the 
White House Communications Agency.

                 Executive Residence at the White House

                           operating expenses

    For the care, maintenance, repair and alteration, refurnishing, 
improvement, heating, and lighting, including electric power and 
fixtures, of the Executive Residence at the White House and official 
entertainment expenses of the President, $12,760,000, to be expended 
and accounted for as provided by 3 U.S.C. 105, 109, 110, and 112-114.

                         reimbursable expenses

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

                   white house repair and restoration

    For the repair, alteration, and improvement of the Executive 
Residence at the White House, $1,900,000, to remain available until 
expended, for required maintenance, safety and health issues, and 
continued preventative maintenance.

                      Council of Economic Advisers

                         salaries and expenses

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

                      Office of Policy Development

                         salaries and expenses

    For necessary expenses of the Office of Policy Development, 
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, 
$2,392,000.

                       National Security Council

                         salaries and expenses

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

                        Office of Administration

                         salaries and expenses

    For necessary expenses of the Office of Administration, including 
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of 
passenger motor vehicles, $92,869,000, of which $12,075,000 shall 
remain available until expended for the Capital Investment Plan for 
continued modernization of the information technology infrastructure 
within the Executive Office of the President.

                    Office of Management and Budget

                         salaries and expenses

    For necessary expenses of the Office of Management and Budget, 
including hire of passenger motor vehicles and services as authorized 
by 5 U.S.C. 3109 and to carry out the provisions of chapter 35 of title 
44, United States Code, $68,411,000, 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: Provided 
further, That none of the funds provided in this, prior, or subsequent 
Acts shall be used, directly or indirectly, by the Office of Management 
and Budget, for evaluating or determining if water resource project or 
study reports submitted by the Chief of Engineers acting through the 
Secretary of the Army are in compliance with all applicable laws, 
regulations, and requirements relevant to the Civil Works water 
resource planning process: Provided further, That the Office of 
Management and Budget shall have not more than 60 days in which to 
perform budgetary policy reviews of water resource matters on which the 
Chief of Engineers has reported. The Director of the Office of 
Management and Budget shall notify the appropriate authorizing and 
Appropriations Committees when the 60-day review is initiated. If water 
resource reports have not been transmitted to the appropriate 
authorizing and appropriating committees within 15 days of the end of 
the OMB review period based on the notification from the Director, 
Congress shall assume OMB concurrence with the report and act 
accordingly.

                 Office of National Drug Control Policy

                         salaries and expenses

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

                counterdrug technology assessment center

                     (including transfer of funds)

    For necessary expenses for the Counterdrug Technology Assessment 
Center for research activities pursuant to the Office of National Drug 
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.), 
$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, $228,350,000, 
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, 2006, may be 
transferred to Federal agencies and departments at a rate to be 
determined by the Director, of which not less than $2,050,000 shall be 
used for auditing services and associated activities, and at least 
$500,000 of the $2,050,000 shall be used to develop and implement a 
data collection system to measure the performance of the High Intensity 
Drug Trafficking Areas Program: Provided further, That High Intensity 
Drug Trafficking Areas Programs designated as of September 30, 2003, 
shall be funded at no less than the fiscal year 2004 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 in compliance with the 
reprogramming guidelines to the Committees on Appropriations for 
approval prior to the obligation of funds of an amount in excess of the 
fiscal year 2005 budget request: Provided further, That none of the 
funds made available under this heading shall be available to support 
the Consolidated Priority Organization Target program.

                  other federal drug control programs

                     (including transfer of funds)

    For activities to support a national anti-drug campaign for youth, 
and for other purposes, authorized by the Office of National Drug 
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.), 
$195,500,000, 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; $80,000,000 to continue a program of matching grants to 
drug-free communities, of which $2,000,000 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; $3,050,000 
for the Counterdrug Intelligence Executive Secretariat; $1,000,000 for 
the National Drug Court Institute; $1,500,000 for the National Alliance 
for Model State Drug Laws; $7,500,000 for the United States Anti-Doping 
Agency for anti-doping activities; $1,450,000 for the United States 
membership dues to the World Anti-Doping Agency; and $1,000,000 for 
evaluations and research related to National Drug Control Program 
performance measures: Provided, That such funds may be transferred to 
other Federal departments and agencies to carry out such activities: 
Provided further, That of the amounts appropriated for a national media 
campaign, not to exceed 10 percent shall be for administering the 
national media campaign.

                          Unanticipated Needs

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

                  Special Assistance to the President

                         salaries and expenses

    For necessary expenses to enable the Vice President to provide 
assistance to the President in connection with specially assigned 
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106, 
including subsistence expenses as authorized by 3 U.S.C. 106, which 
shall be expended and accounted for as provided in that section; and 
hire of passenger motor vehicles, $4,571,000.

                Official Residence of the Vice President

                           operating expenses

                     (including transfer of funds)

    For the care, operation, refurnishing, improvement, and to the 
extent not otherwise provided for, heating and lighting, including 
electric power and fixtures, of the official residence of the Vice 
President; the hire of passenger motor vehicles; and not to exceed 
$90,000 for official entertainment expenses of the Vice President, to 
be accounted for solely on his certificate, $333,000: Provided, That 
advances or repayments or transfers from this appropriation may be made 
to any department or agency for expenses of carrying out such 
activities.

                                TITLE IV

                          INDEPENDENT AGENCIES

       Architectural and Transportation Barriers Compliance Board

                         salaries and expenses

    For expenses necessary for the Architectural and Transportation 
Barriers Compliance Board, as authorized by section 502 of the 
Rehabilitation Act of 1973, as amended $5,686,000: Provided, That, 
notwithstanding any other provision of law, there may be credited to 
this appropriation funds received for publications and training 
expenses.

 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, 
$4,672,000.

                     Election Assistance Commission

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses to carry out the Help America Vote Act of 
2002, $10,000,000, of which $2,800,000 shall be transferred to the 
National Institutes of Standards and Technology for election reform 
activities authorized under the Help America Vote Act of 2002.

                      Federal Election Commission

                         salaries and expenses

    For necessary expenses to carry out the provisions of the Federal 
Election Campaign Act of 1971, as amended, $52,159,000, of which no 
less than $4,700,000 shall be available for internal automated data 
processing systems, and of which not to exceed $5,000 shall be 
available for reception and representation expenses.

                   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, $25,673,000: Provided, 
That public members of the Federal Service Impasses Panel may be paid 
travel expenses and per diem in lieu of subsistence as authorized by 
law (5 U.S.C. 5703) for persons employed intermittently in the 
Government service, and compensation as authorized by 5 U.S.C. 3109: 
Provided further, That notwithstanding 31 U.S.C. 3302, funds received 
from fees charged to non-Federal participants at labor-management 
relations conferences shall be credited to and merged with this 
account, to be available without further appropriation for the costs of 
carrying out these conferences.

                              (rescission)

    Of the unobligated balances under this heading from prior year 
appropriations, $3,000,000 are rescinded.

                      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, $19,496,000: Provided, That not to exceed $2,000 
shall be available for official reception and representation expenses.

                    General Services Administration

                        real property activities

                         federal buildings fund

                 limitations on availability of revenue

                     (including transfer of funds)

    To carry out the purposes of the Fund established pursuant to 
section 210(f) of the Federal Property and Administrative Services Act 
of 1949, as amended (40 U.S.C. 592), the revenues and collections 
deposited into the Fund shall be available for necessary expenses of 
real property management and related activities not otherwise provided 
for, including operation, maintenance, and protection of federally 
owned and leased buildings; rental of buildings in the District of 
Columbia; restoration of leased premises; moving governmental agencies 
(including space adjustments and telecommunications relocation 
expenses) in connection with the assignment, allocation and transfer of 
space; contractual services incident to cleaning or servicing 
buildings, and moving; repair and alteration of federally owned 
buildings including grounds, approaches and appurtenances; care and 
safeguarding of sites; maintenance, preservation, demolition, and 
equipment; acquisition of buildings and sites by purchase, 
condemnation, or as otherwise authorized by law; acquisition of options 
to purchase buildings and sites; conversion and extension of federally 
owned buildings; preliminary planning and design of projects by 
contract or otherwise; construction of new buildings (including 
equipment for such buildings); and payment of principal, interest, and 
any other obligations for public buildings acquired by installment 
purchase and purchase contract; in the aggregate amount of 
$7,159,324,000, of which: (1) $710,823,000 shall remain available until 
expended for construction (including funds for sites and expenses and 
associated design and construction services) of additional projects at 
the following locations:
    New Construction:
            California:
                    Los Angeles, Federal Bureau of Investigation 
                Facility, $14,054,000
                    Los Angeles, United States Courthouse, $314,385,000
                    San Diego, United States Courthouse, $3,068,000
            District of Columbia:
                    Southeast Federal Center Site Remediation, 
                $2,650,000
            Illinois:
                    Chicago, 10 West Jackson Place (Purchase), 
                $53,170,000
            Maine:
                    Calais, Border Station, $5,550,000
                    Madawaska, Border Station, $1,760,000
            Maryland:
                    Montgomery County, FDA Consolidation, $88,710,000
            Minnesota:
                    Warroad, Border Station, $1,837,000
            New York:
                    Alexandria Bay, Border Station, $8,884,000
                    Massena, Border Station, $15,000,000
            New Mexico:
                    Las Cruces, United States Courthouse, $60,600,000
            North Dakota:
                    Dunseith, Border Station, $2,301,000
                    Portal, Border Station, $22,351,000
            Texas:
                    El Paso, Paso Del Norte Border Station, $26,191,000
                    El Paso, United States Courthouse, $63,462,000
                    El Paso, Ysleta Border Station, $2,491,000
            Vermont:
                    Derby Line, Border Station, $3,190,000
                    Norton, Border Station, $580,000
                    Richford, Border Station, $589,000
            Nonprospectus Construction, $10,000,000
            Judgment Fund repayment, $10,000,000:
Provided, That each of the foregoing limits of costs on new 
construction projects may be exceeded to the extent that savings are 
effected in other such projects, but not to exceed 10 percent of the 
amounts included in an approved prospectus, if required, unless advance 
approval is obtained from the Committees on Appropriations of a greater 
amount: Provided further, That all funds for direct construction 
projects shall expire on September 30, 2006, and remain in the Federal 
Buildings Fund except for funds for projects as to which funds for 
design or other funds have been obligated in whole or in part prior to 
such date; (2) $980,222,000 shall remain available until expended for 
repairs and alterations, which includes associated design and 
construction services:
    Repairs and Alterations:
            District of Columbia:
                    Eisenhower Executive Office Building, $5,000,000
                    Federal Office Building 6, $8,267,000
                    Hoover FBI Building, $10,242,000
                    Mary E. Switzer Building, $80,335,000
                    New Executive Office Building, $6,262,000
                    Theodore Roosevelt Building, $9,730,000
            Georgia:
                    Atlanta, Martin Luther King, Jr. Federal Building, 
                $14,800,000
                    Atlanta, United States Court of Appeals, 
                $32,004,000
            Hawaii:
                    Hilo, Federal Building, $5,133,000
            Louisiana:
                    New Orleans, Boggs Federal Building, $22,581,000
                    New Orleans, Wisdom Courthouse of Appeals, 
                $8,005,000
            Maryland:
                    Baltimore, George H. Fallon Federal Building, 
                $46,163,000
                    Suitland, National Record Center, $7,989,000
                    Woodlawn, SSA Altmeyer Building, $6,300,000
            Minnesota:
                    St. Paul, Warren E. Burger Federal Building--
                Courthouse, $36,644,000
            Missouri:
                    Kansas City, Richard Bolling Federal Building, 
                $40,048,000
            New York:
                    New York, Foley Square Courthouse, $2,505,000
                    Queens, Joseph P. Addabbo Federal Building, 
                $5,455,000
            Ohio:
                    Cincinnati, Potter Stewart Courthouse, $37,975,000
                    Cleveland, Celebreeze Federal Building, $37,375,000
            Washington:
                    Seattle, William Nakamura Courthouse, $50,210,000
            Special Emphasis Programs:
                    Chlorofluorocarbons Program, $13,000,000
                    Energy Program, $30,000,000
                    Glass Fragment Retention, $20,000,000
            Design Program, $49,699,000
            Basic Repairs and Alterations, $394,500,000:
Provided further, That funds made available in this or any previous Act 
in the Federal Buildings Fund for Repairs and Alterations shall, for 
prospectus projects, be limited to the amount identified for each 
project, except each project in this or any previous Act may be 
increased by an amount not to exceed 10 percent unless advance approval 
is obtained from the Committees on Appropriations of a greater amount: 
Provided further, That additional projects for which prospectuses have 
been fully approved may be funded under this category only if advance 
approval is obtained from the Committees on Appropriations: Provided 
further, That the amounts provided in this or any prior Act for 
``Repairs and Alterations'' may be used to fund costs associated with 
implementing security improvements to buildings necessary to meet the 
minimum standards for security in accordance with current law and in 
compliance with the reprogramming guidelines of the appropriate 
Committees of the House and Senate: Provided further, That the 
difference between the funds appropriated and expended on any projects 
in this or any prior Act, under the heading ``Repairs and 
Alterations'', may be transferred to Basic Repairs and Alterations or 
used to fund authorized increases in prospectus projects: Provided 
further, That all funds for repairs and alterations prospectus projects 
shall expire on September 30, 2006 and remain in the Federal Buildings 
Fund except funds for projects as to which funds for design or other 
funds have been obligated in whole or in part prior to such date: 
Provided further, That the amount provided in this or any prior Act for 
Basic Repairs and Alterations may be used to pay claims against the 
Government arising from any projects under the heading ``Repairs and 
Alterations'' or used to fund authorized increases in prospectus 
projects; (3) $161,442,000 for installment acquisition payments 
including payments on purchase contracts which shall remain available 
until expended; (4) $3,597,315,000 for rental of space which shall 
remain available until expended; and (5) $1,709,522,000 for building 
operations which shall remain available until expended: Provided 
further, That funds available to the General Services Administration 
shall not be available for expenses of any construction, repair, 
alteration and acquisition project for which a prospectus, if required 
by the Public Buildings Act of 1959, as amended, has not been approved, 
except that necessary funds may be expended for each project for 
required expenses for the development of a proposed prospectus: 
Provided further, That funds available in the Federal Buildings Fund 
may be expended for emergency repairs when advance approval is obtained 
from the Committees on Appropriations: Provided further, That 
notwithstanding any other provision of law, the Administrator of 
General Services is authorized and directed to proceed with site 
acquisition and design of a new Federal Building in Tuscaloosa, Alabama 
for which funds were provided in Public Law 108-199: Provided further, 
That amounts necessary to provide reimbursable special services to 
other agencies under section 210(f)(6) of the Federal Property and 
Administrative Services Act of 1949, as amended (40 U.S.C. 592(b)(2)) 
and amounts to provide such reimbursable fencing, lighting, guard 
booths, and other facilities on private or other property not in 
Government ownership or control as may be appropriate to enable the 
United States Secret Service to perform its protective functions 
pursuant to 18 U.S.C. 3056, shall be available from such revenues and 
collections: Provided further, That revenues and collections and any 
other sums accruing to this Fund during fiscal year 2005, excluding 
reimbursements under section 210(f)(6) of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 592(b)(2)) in excess of 
the aggregate new obligational authority authorized for Real Property 
Activities of the Federal Buildings Fund in this Act shall remain in 
the Fund and shall not be available for expenditure except as 
authorized in appropriations Acts.

                           general activities

                         government-wide policy

    For expenses authorized by law, not otherwise provided for, for 
Government-wide policy and evaluation activities associated with the 
management of real and personal property assets and certain 
administrative services; Government-wide policy support 
responsibilities relating to acquisition, telecommunications, 
information technology management, and related technology activities; 
and services as authorized by 5 U.S.C. 3109, $62,100,000.

                           operating expenses

    For expenses authorized by law, not otherwise provided for, for 
Government-wide activities associated with utilization and donation of 
surplus personal property; disposal of real property; providing 
Internet access to Federal information and services; agency-wide policy 
direction and management, and Board of Contract Appeals; accounting, 
records management, and other support services incident to adjudication 
of Indian Tribal Claims by the United States Court of Federal Claims; 
services as authorized by 5 U.S.C. 3109; and not to exceed $7,500 for 
official reception and representation expenses, $85,175,000.

                      office of inspector general

    For necessary expenses of the Office of Inspector General and 
services authorized by 5 U.S.C. 3109, $42,351,000: Provided, That not 
to exceed $15,000 shall be available for payment for information and 
detection of fraud against the Government, including payment for 
recovery of stolen Government property: Provided further, That not to 
exceed $2,500 shall be available for awards to employees of other 
Federal agencies and private citizens in recognition of efforts and 
initiatives resulting in enhanced Office of Inspector General 
effectiveness.

                   electronic government (e-gov) fund

                     (including transfer of funds)

    For necessary expenses in support of interagency projects that 
enable the Federal Government to expand its ability to conduct 
activities electronically, through the development and implementation 
of innovative uses of the Internet and other electronic methods, 
$3,000,000, 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, $3,106,000: 
Provided, That the Administrator of General Services shall transfer to 
the Secretary of the Treasury such sums as may be necessary to carry 
out the provisions of such Acts.

                   expenses, presidential transition

    For expenses necessary to carry out the Presidential Transition Act 
of 1963, as amended, $7,700,000, of which not to exceed $1,000,000 is 
for activities authorized by sections 3(a)(8) and (9) of the 
Presidential Transition Act of 2000.

          general provisions--general services administration

    Sec. 401. The appropriate appropriation or fund available to the 
General Services Administration shall be credited with the cost of 
operation, protection, maintenance, upkeep, repair, and improvement, 
included as part of rentals received from Government corporations 
pursuant to law (40 U.S.C. 129).
    Sec. 402. Funds available to the General Services Administration 
shall be available for the hire of passenger motor vehicles.
    Sec. 403. Funds in the Federal Buildings Fund made available for 
fiscal year 2005 for Federal Buildings Fund activities may be 
transferred between such activities only to the extent necessary to 
meet program requirements: Provided, That any proposed transfers shall 
be approved in advance by the Committees on Appropriations.
    Sec. 404. No funds made available by this Act shall be used to 
transmit a fiscal year 2006 request for United States Courthouse 
construction that: (1) does not meet the design guide standards for 
construction as established and approved by the General Services 
Administration, the Judicial Conference of the United States, and the 
Office of Management and Budget; and (2) does not reflect the 
priorities of the Judicial Conference of the United States as set out 
in its approved 5-year construction plan: Provided, That the fiscal 
year 2006 request must be accompanied by a standardized courtroom 
utilization study of each facility to be constructed, replaced, or 
expanded.
    Sec. 405. None of the funds provided in this Act may be used to 
increase the amount of occupiable square feet, provide cleaning 
services, security enhancements, or any other service usually provided 
through the Federal Buildings Fund, to any agency that does not pay the 
rate per square foot assessment for space and services as determined by 
the General Services Administration in compliance with the Public 
Buildings Amendments Act of 1972 (Public Law 92-313).
    Sec. 406. From funds made available under the heading ``Federal 
Buildings Fund, Limitations on Availability of Revenue'', claims 
against the Government of less than $250,000 arising from direct 
construction projects and acquisition of buildings may be liquidated 
from savings effected in other construction projects with prior 
notification to the Committees on Appropriations.
    Sec. 407. Notwithstanding 40 U.S.C. 524, 571, and 572, the 
Administrator of General Services may sell the Middle River Depot at 
Middle River, Maryland, and credit the proceeds of such sale as 
offsetting collections to the Federal Buildings Fund, to be available, 
in addition to amounts otherwise appropriated for such Fund, for such 
capital activities of the Fund as the Administrator may deem 
appropriate: Provided, That the Administrator shall, to the maximum 
extent practicable, cooperate and consult with Baltimore County, 
Maryland officials and other interested persons in communities located 
near the Middle River Depot so that the sale and use of the property is 
compatible with local economic development plans and is not 
inconsistent with local land use, environmental and zoning laws.
    Sec. 408. Section 572(a)(2)(ii) of title 40, United States Code, is 
amended by inserting the following before the period: ``, highest and 
best use of property studies, utilization of property studies, deed 
compliance inspection, and the expenses incurred in a relocation''.
    Sec. 409. Of the amounts made available under the heading ``Federal 
Buildings Fund'' for New Construction and Repairs and Alterations in 
this or any prior Act, a total amount of $106,000,000 are rescinded: 
Provided, That the Administrator of General Services shall notify the 
Appropriations Committees of the House of Representatives and Senate of 
the specific projects, or parts thereof, from which funds have been 
rescinded within 30 days of enactment of this Act.
    Sec. 410. In order to address heightened security requirements for 
the proposed Moss United States Courthouse Annex project, the 
Administrator of General Services is authorized to acquire and demolish 
the real property, including land and improvements, located in Salt 
Lake City, Utah, at the corner of 400 South Street and West Temple, 
said land and improvements commonly known as the Shubrick Building; to 
use previously appropriated project funds to immediately initiate 
compliance procedures in accordance with the National Historic 
Preservation Act and the National Environmental Policy Act; and to 
redesign the proposed courthouse expansion to incorporate this new 
site.
    Sec. 411. Section 3712 of title 22, U.S.C., is amended by adding 
the following new subsection at the end:
    ``(e) Termination; Transfer of Revolving Fund.--
            ``(1) The Panama Canal Commission and the Office of 
        Transition Administration (Public Law 106-65, division C, title 
        XXXV, section 3504(b), (c)) shall terminate on October 1, 2004.
            ``(2) Upon termination pursuant to paragraph (1), the 
        Revolving Fund shall be transferred to the General Services 
        Administration (GSA), to be available to GSA for payments of 
        any outstanding liabilities of the Commission, as well as 
        reimbursing the Department of Justice for expenditures 
        necessary to defend litigation arising out of the operating of 
        the Panama Canal by the Panama Canal Commission and to GSA for 
        expenses associated with the termination of the Office of 
        Transition Administration and the Commission. The fund shall be 
        the exclusive source available for payment of any outstanding 
        liabilities of the Commission. Any balances after such payment 
        shall be paid to the Panama Canal Authority.''.
    Sec. 412. Conveyance of Land to the Recreation and Park Commission 
for the Parish of East Baton Rouge, Louisiana. (a) Conveyance.--Not 
later than 60 days after the date of enactment of this Act, the 
Postmaster General of the United States Postal Service shall convey, 
for the consideration specified in subsection (b), the land described 
in subsection (d), including any improvements thereon, to the General 
Services Administration.
    (b) Purchase Price.--Upon the conveyance described in subsection 
(a), the Administrator of General Services shall pay the United States 
Postal Service a purchase price equaling the fair market value not to 
exceed $975,000, which price may be paid by cash or credited to the 
existing USPS/GSA property swap program.
    (c) Reconveyance.--Not later than 10 days after the conveyance 
described in subsection (a), the Administrator of General Services 
shall convey, without consideration by quitclaim deed and without 
recourse, the land described in subsection (d), including any 
improvements thereon, to the Recreation and Park Commission for the 
Parish of East Baton Rouge, Louisiana, for use as a downtown park or 
for other public purposes.
    (d) Description of Property.--The land referred to in subsections 
(a) and (c) is the property formerly used as the Main Postal Office 
Carrier Annex in Baton Rouge, Louisiana and located at 750 Florida 
Street. This land is situated north of Convention Street, south of 
Florida Street and west of 7th Street. This land comprises 
approximately 27,500 square feet and is improved by a one-story 
building.
    Sec. 413. None of the funds appropriated by this Act or any other 
Act may be used after July 1, 2005 for the provision of any 
telecommunications service for any federal government owned building, 
unless such building is in compliance with a regulation or Executive 
Order issued after the date of enactment of this section that requires, 
to the extent deemed appropriate by the President or his designee, the 
provision of telecommunications services using redundant and physically 
separate entry points to those buildings, and the use of physically 
diverse local network facilities for the provision of such 
telecommunications services.

                     Merit Systems Protection Board

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses to carry out functions of the Merit Systems 
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978 and 
the Civil Service Reform Act of 1978, including services as authorized 
by 5 U.S.C. 3109, rental of conference rooms in the District of 
Columbia and elsewhere, hire of passenger motor vehicles, and direct 
procurement of survey printing, $34,677,000 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

   federal payment to 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 of which up to $50,000 
shall be used to conduct financial audits pursuant to the 
Accountability of Tax Dollars Act of 2002 (Public Law 107-289) 
notwithstanding sections 8 and 9 of Public Law 102-259: Provided, That 
up to 60 percent of such funds may be transferred by the Morris K. 
Udall Scholarship and Excellence in National Environmental Policy 
Foundation for the necessary expenses of the Native Nations Institute.

                 environmental dispute resolution fund

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

              National Archives and Records Administration

                           operating expenses

    For necessary expenses in connection with the administration of the 
National Archives and Records Administration (including the Information 
Security Oversight Office) and archived Federal records and related 
activities, as provided by law, and for expenses necessary for the 
review and declassification of documents, and for the hire of passenger 
motor vehicles, $266,945,000: Provided, That the Archivist of the 
United States is authorized to use any excess funds available from the 
amount borrowed for construction of the National Archives facility, for 
expenses necessary to provide adequate storage for holdings.

                      electronic records archives

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

                        repairs and restoration

    For the repair, alteration, and improvement of archives facilities, 
and to provide adequate storage for holdings, $12,182,000, to remain 
available until expended, of which $3,000,000 is for site preparation 
and construction management to construct a new regional archives and 
records facility in Anchorage, Alaska, and of which $2,000,000 is for 
the repair and restoration of the plaza that surrounds the Lyndon 
Baines Johnson Presidential Library 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.

        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) 
$76,425,000, of which not to exceed $2,000 may be used for official 
reception and representation expenses.

                              (rescission)

    Of the available unobligated balances made available under Public 
Law 106-246, $8,000,000 are rescinded.

                      Office of Government Ethics

                         salaries and expenses

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

                     Office of Personnel Management

                         salaries and expenses

                  (including transfer of trust funds)

    For necessary expenses to carry out functions of the Office of 
Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978 
and the Civil Service Reform Act of 1978, including services as 
authorized by 5 U.S.C. 3109; medical examinations performed for 
veterans by private physicians on a fee basis; rental of conference 
rooms in the District of Columbia and elsewhere; hire of passenger 
motor vehicles; not to exceed $2,500 for official reception and 
representation expenses; advances for reimbursements to applicable 
funds of the Office of Personnel Management and the Federal Bureau of 
Investigation for expenses incurred under Executive Order No. 10422 of 
January 9, 1953, as amended; and payment of per diem and/or subsistence 
allowances to employees where Voting Rights Act activities require an 
employee to remain overnight at his or her post of duty, $130,600,000, 
of which $1,870,000 shall remain available until expended for the cost 
of the enterprise human resources integration project; $6,219,000 shall 
remain available until expended for the cost of leading the government-
wide initiative to modernize the Federal payroll systems and service 
delivery; $748,000 shall remain available until expended for the cost 
of the e-human resources information system project; $1,887,000 shall 
remain available until expended for the cost of the e-clearance 
project; and $5,000,000 shall remain available through September 30, 
2006 to coordinate and conduct program evaluation and performance 
measurement; and in addition $128,462,000 for administrative expenses, 
to be transferred from the appropriate trust funds of the Office of 
Personnel Management without regard to other statutes, including direct 
procurement of printed materials, for the retirement and insurance 
programs, of which $27,640,000 shall remain available until expended 
for the cost of automating the retirement recordkeeping systems: 
Provided, That the provisions of this appropriation shall not affect 
the authority to use applicable trust funds as provided by sections 
8348(a)(1)(B), and 9004(f)(1)(A) and (2)(A) of title 5, United States 
Code: Provided further, That no part of this appropriation shall be 
available for salaries and expenses of the Legal Examining Unit of the 
Office of Personnel Management established pursuant to Executive Order 
No. 9358 of July 1, 1943, or any successor unit of like purpose: 
Provided further, That the President's Commission on White House 
Fellows, established by Executive Order No. 11183 of October 3, 1964, 
may, during fiscal year 2005, accept donations of money, property, and 
personal services: Provided further, That such donations, including 
those from prior years, may be used for the development of publicity 
materials to provide information about the White House Fellows, except 
that no such donations shall be accepted for travel or reimbursement of 
travel expenses, or for the salaries of employees of such Commission.

                      office of inspector general

                         salaries and expenses

                  (including transfer of trust funds)

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act, as amended, 
including services as authorized by 5 U.S.C. 3109, hire of passenger 
motor vehicles, $1,627,000, and in addition, not to exceed $16,461,000 
for administrative expenses to audit, investigate, and provide other 
oversight of the Office of Personnel Management's retirement and 
insurance programs, to be transferred from the appropriate trust funds 
of the Office of Personnel Management, as determined by the Inspector 
General: Provided, That the Inspector General is authorized to rent 
conference rooms in the District of Columbia and elsewhere.

      government payment for annuitants, employees health benefits

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

       government payment for annuitants, employee life insurance

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

        payment to civil service retirement and disability fund

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

           general provision--office of personnel management

    Sec. 420. Notwithstanding any other provision of law, none of the 
funds appropriated or made available under this Act or any other 
appropriations Act may be used to implement or enforce restrictions or 
limitations on the Coast Guard Congressional Fellowship Program, or to 
implement the proposed regulations of the Office of Personnel 
Management to add sections 300.311 through 300.316 to part 300 of title 
5 of the Code of Federal Regulations, published in the Federal 
Register, volume 68, number 174, on September 9, 2003 (relating to the 
detail of executive branch employees to the legislative branch): 
Provided, That if such proposed regulations are final regulations on 
the date of enactment of this Act, none of the funds appropriated or 
made available under this Act may be used to implement, administer, or 
enforce such final regulations.

                       Office of Special Counsel

                         salaries and expenses

    For necessary expenses to carry out functions of the Office of 
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the 
Civil Service Reform Act of 1978 (Public Law 95-454), as amended, the 
Whistleblower Protection Act of 1989 (Public Law 101-12), as amended, 
Public Law 103-424, and the Uniformed Services Employment and 
Reemployment Act of 1994 (Public Law 103-353), including services as 
authorized by 5 U.S.C. 3109, payment of fees and expenses for 
witnesses, rental of conference rooms in the District of Columbia and 
elsewhere, and hire of passenger motor vehicles; $15,449,000.

                      United States Postal Service

                   payment to the postal service fund

    For payment to the Postal Service Fund for revenue forgone on free 
and reduced rate mail, pursuant to subsections (c) and (d) of section 
2401 of title 39, United States Code, $90,709,000, of which $61,709,000 
shall not be available for obligation until October 1, 2005: Provided, 
That mail for overseas voting and mail for the blind shall continue to 
be free: Provided further, That 6-day delivery and rural delivery of 
mail shall continue at not less than the 1983 level: Provided further, 
That none of the funds made available to the Postal Service by this Act 
shall be used to implement any rule, regulation, or policy of charging 
any officer or employee of any State or local child support enforcement 
agency, or any individual participating in a State or local program of 
child support enforcement, a fee for information requested or provided 
concerning an address of a postal customer: Provided further, That none 
of the funds provided in this Act shall be used to consolidate or close 
small rural and other small post offices in fiscal year 2005.

                         emergency preparedness

    For an additional amount for ``Payment to the Postal Service Fund'' 
for emergency expenses to enable the Postal Service to protect postal 
employees and postal customers from exposure to hazardous materials in 
the mail, $507,000,000, to remain available until expended: Provided, 
That the entire amount is designated as an emergency requirement 
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made 
applicable to the House of Representatives by H. Res. 649 (108th 
Congress) and applicable to the Senate by section 14007 of Public Law 
108-287.

                        United States Tax Court

                         salaries and expenses

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

      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. Such sums as may be necessary for fiscal year 2005 pay 
raises for programs funded in this Act shall be absorbed within the 
levels appropriated in this Act or previous appropriations Acts.
    Sec. 502. None of the funds in this Act shall be used for the 
planning or execution of any program to pay the expenses of, or 
otherwise compensate, non-Federal parties intervening in regulatory or 
adjudicatory proceedings funded in this Act.
    Sec. 503. None of the funds appropriated in this Act shall remain 
available for obligation beyond the current fiscal year, nor may any be 
transferred to other appropriations, unless expressly so provided 
herein.
    Sec. 504. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract pursuant to section 
3109 of title 5, United States Code, shall be limited to those 
contracts where such expenditures are a matter of public record and 
available for public inspection, except where otherwise provided under 
existing law, or under existing Executive order issued pursuant to 
existing law.
    Sec. 505. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 506. None of the funds made available by this Act shall be 
available for any activity or for paying the salary of any Government 
employee where funding an activity or paying a salary to a Government 
employee would result in a decision, determination, rule, regulation, 
or policy that would prohibit the enforcement of section 307 of the 
Tariff Act of 1930.
    Sec. 507. No part of any appropriation contained in this Act shall 
be available to pay the salary for any person filling a position, other 
than a temporary position, formerly held by an employee who has left to 
enter the Armed Forces of the United States and has satisfactorily 
completed his period of active military or naval service, and has 
within 90 days after his release from such service or from 
hospitalization continuing after discharge for a period of not more 
than 1 year, made application for restoration to his former position 
and has been certified by the Office of Personnel Management as still 
qualified to perform the duties of his former position and has not been 
restored thereto.
    Sec. 508. 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. 509. 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. 510. Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 2005 from appropriations made available for salaries 
and expenses for fiscal year 2005 in this Act, shall remain available 
through September 30, 2006, for each such account for the purposes 
authorized: Provided, That a request shall be submitted to the 
Committees on Appropriations for approval prior to the expenditure of 
such funds: Provided further, That these requests shall be made in 
compliance with reprogramming guidelines.
    Sec. 511. None of the funds provided in this Act, provided by 
previous appropriations Acts to the agencies or entities funded in this 
Act that remain available for obligation or expenditure in fiscal year 
2005, or provided from any accounts in the Treasury derived by the 
collection of fees and available to the agencies funded by this Act, 
shall be available for obligation or expenditure through a 
reprogramming of funds that: (1) creates a new program; (2) eliminates 
a program, project, or activity; (3) increases funds or personnel for 
any program, project, or activity for which funds have been denied or 
restricted by the Congress; (4) proposes to use funds directed for a 
specific activity by either the House or Senate Committees on 
Appropriations for a different purpose; (5) augments existing programs, 
projects, or activities in excess of $5,000,000 or 10 percent, 
whichever is less; (6) reduces existing programs, projects, or 
activities by $5,000,000 or 10 percent, whichever is less; or (7) 
creates, reorganizes, or restructures offices different from the budget 
justifications submitted to the Committees on Appropriations or the 
table accompanying the Committee Report accompanying this Act, 
whichever is more detailed, unless prior approval is received from the 
House and Senate Committees on Appropriations: Provided, That not later 
than 60 days after the date of enactment of this Act, each agency 
funded by this Act shall submit a report to the Committee on 
Appropriations of the Senate and of the House of Representatives to 
establish the baseline for application of reprogramming and transfer 
authorities for the current fiscal year: Provided further, That the 
report shall include (1) a table for each appropriation with a separate 
column to display the President's budget request, adjustments made by 
Congress, adjustments due to enacted rescissions, if appropriate, and 
the fiscal year enacted level; (2) a delineation in the table for each 
appropriation both by object class and program, project, and activity 
as detailed in the budget appendix for the respective appropriation; 
and (3) an identification of items of special congressional interest: 
Provided further, That the amount appropriated or limited for salaries 
and expenses for an agency shall be reduced by $100,000 per day for 
each day after the required date that the report has not been submitted 
to the Congress.
    Sec. 512. 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. 513. 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. 514. 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. 515. In order to promote Government access to commercial 
information technology, the restriction on purchasing nondomestic 
articles, materials, and supplies set forth in the Buy American Act (41 
U.S.C. 10a et seq.), shall not apply to the acquisition by the Federal 
Government of information technology (as defined in section 11101 of 
title 40, United States Code, that is a commercial item (as defined in 
section 4(12) of the Office of Federal Procurement Policy Act (41 
U.S.C. 403(12)).
    Sec. 516. Public Law 108-199 is amended in Division H, section 161, 
by inserting ``and all Federal agencies'' after ``Office of Management 
and Budget''.
    Sec. 517. Prohibition on Determination. Notwithstanding any other 
provision of law, neither the Board of Governors of the Federal Reserve 
System nor the Secretary of the Treasury may determine, by rule, 
regulation, order, or otherwise, for purposes of section 4(K) of the 
Bank Holding Company Act of 1956, or section 5136A of the Revised 
Statutes of the United States, that real estate brokerage activity or 
real estate management activity (which, for purposes of this paragraph 
shall be defined to mean ``real estate brokerage'' and ``property 
management'' respectively, as those terms were understood by the 
Federal Reserve Board prior to March 11, 2000) is an activity that is 
financial in nature, is incidental to any financial activity, or is 
complementary to a financial activity. For purposes of this paragraph, 
``real estate brokerage activity'' shall mean ``real estate 
brokerage,'' and ``real estate management activity'' shall mean 
``property management,'' as those terms were understood by the Federal 
Reserve Board prior to March 11, 2000.
    Sec. 518. Treatment of the Tennessee Valley Authority. (a) 
Securities Act of 1933.--The Securities Act of 1933 (15 U.S.C. 77a et 
seq.) is amended--
            (1) in section 3(a)(2) (15 U.S.C. 77c(a)(2)), by inserting 
        ``(other than the Tennessee Valley Authority)'' after 
        ``Congress of the United States'';
            (2) in section 3 (15 U.S.C. 77c), by adding at the end the 
        following:
    ``(d) Tennessee Valley Authority Bonds not Exempt.--Notwithstanding 
any provision of this title, no bond issued or sold by the Tennessee 
Valley Authority pursuant to section 15d of the Tennessee Valley 
Authority Act (16 U.S.C. 831n-3(d)) shall be exempt from the 
requirements of this title.''; and
            (3) in section 28 (15 U.S.C. 77z-3)--
                    (A) by inserting ``(a) In General.--'' before 
                ``The''; and
                    (B) by adding at the end the following:
    ``(b) Applicability.--Notwithstanding subsection (a), the 
Commission may not exempt from any provision of this title, or any rule 
or regulation issued under this title any bond issued or sold by the 
Tennessee Valley Authority pursuant to section 15d of the Tennessee 
Valley Authority Act (16 U.S.C. 831n-3(d)).''.
    (b) Securities Exchange Act of 1934.--The Securities Exchange Act 
of 1934 (15 U.S.C. 78a et seq.) is amended--
            (1) in section 3(c) (15 U.S.C. 78c(c)), by inserting 
        ``(other than the Tennessee Valley Authority)'' after 
        ``establishment of the United States'';
            (2) in section 3 (15 U.S.C. 78c), by adding at the end the 
        following:
    ``(h) Tennessee Valley Authority.--Notwithstanding any other 
provision of this title, no bond issued or sold by the Tennessee Valley 
Authority pursuant to section 15d of the Tennessee Valley Authority Act 
(16 U.S.C. 831n-3(d)) shall be exempt from the requirements of this 
title or the rules or regulations issued under this title.''; and
            (3) in section 36(b) (15 U.S.C. 78mm(b))--
                    (A) by striking ``exempt any'' and inserting 
                ``exempt--
            ``(1) any'';
                    (B) by striking the period at the end and inserting 
                ``; or''; and
                    (C) by adding at the end the following:
            ``(2) any bond issued by the Tennessee Valley Authority 
        pursuant to section 15d of the Tennessee Valley Authority Act 
        (16 U.S.C. 831n-3(d)).''.
    Sec. 519. Section 307 of the Denali Commission Act of 1998 (42 
U.S.C. 3121 note) is amended by adding at the end the following new 
subsection:
    ``(e) Docks, Waterfront Transportation Development, and Related 
Infrastructure Projects.--The Secretary of Transportation is authorized 
to make direct lump sum payments to the Commission to construct docks, 
waterfront development projects, and related transportation 
infrastructure, provided the local community provides a ten percent 
non-federal match in the form of any necessary land or planning and 
design funds. To carry out this section, there is authorized to be 
appropriated such sums as may be necessary.''.
    Sec. 520. (a) Privacy Officer.--Each agency shall have a Chief 
Privacy Officer to assume primary responsibility for privacy and data 
protection policy, including--
            (1) assuring that the use of technologies sustain, and do 
        not erode, privacy protections relating to the use, collection, 
        and disclosure of information in an identifiable form;
            (2) assuring that technologies used to collect, use, store, 
        and disclose information in identifiable form allow for 
        continuous auditing of compliance with stated privacy policies 
        and practices governing the collection, use and distribution of 
        information in the operation of the program;
            (3) assuring that personal information contained in Privacy 
        Act systems of records is handled in full compliance with fair 
        information practices as defined in the Privacy Act of 1974;
            (4) evaluating legislative and regulatory proposals 
        involving collection, use, and disclosure of personal 
        information by the Federal Government;
            (5) conducting a privacy impact assessment of proposed 
        rules of the Department on the privacy of information in an 
        identifiable form, including the type of personally 
        identifiable information collected and the number of people 
        affected;
            (6) preparing a report to Congress on an annual basis on 
        activities of the Department that affect privacy, including 
        complaints of privacy violations, implementation of section 
        552a of title 5, 11 United States Code, internal controls, and 
        other relevant matters;
            (7) ensuring that the Department protects information in an 
        identifiable form and information systems from unauthorized 
        access, use, disclosure, disruption, modification, or 
        destruction;
            (8) training and educating employees on privacy and data 
        protection policies to promote awareness of and compliance with 
        established privacy and data protection policies; and
            (9) ensuring compliance with the Departments established 
        privacy and data protection policies.
    (b) Establishing Privacy and Data Protection Procedures and 
Policies.--
            (1) In general.--Within 12 months of enactment of this Act, 
        each agency shall establish and implement comprehensive privacy 
        and data protection procedures governing the agency's 
        collection, use, sharing, disclosure, transfer, storage and 
        security of information in an identifiable form relating to the 
        agency employees and the public. Such procedures shall be 
        consistent with legal and regulatory guidance, including OMB 
        regulations, the Privacy Act of 1974, and section 208 of the E-
        Government Act of 2002.
    (c) Recording.--Each agency shall prepare a written report of its 
use of information in an identifiable form, along with its privacy and 
data protection policies and procedures and record it with the 
Inspector General of the agency to serve as a benchmark for the agency. 
Each report shall be signed by the agency privacy officer to verify 
that the agency intends to comply with the procedures in the report. By 
signing the report the privacy officer also verifies that the agency is 
only using information in identifiable form as detailed in the report.
    (d) Independent, Third-party Review.--
            (1) In general.--At least every 2 years, each agency shall 
        have performed an independent, third party review of the use of 
        information in identifiable form as the privacy and data 
        protection procedures of the agency to--
                    (A) determine the accuracy of the description of 
                the use of information in identifiable form;
                    (B) determine the effectiveness of the privacy and 
                data protection procedures;
                    (C) ensure compliance with the stated privacy and 
                data protection policies of the agency and applicable 
                laws and regulations; and
                    (D) ensure that all technologies used to collect, 
                use, store, and disclose information in identifiable 
                form allow for continuous auditing of compliance with 
                stated privacy policies and practices governing the 
                collection, use and distribution of information in the 
                operation of the program.
            (2) Purposes.--The purposes of reviews under this 
        subsection are to--
                    (A) ensure the agency's description of the use of 
                information in an identifiable form is accurate and 
                accounts for the agency's current technology and its 
                processing of information in an identifiable form.
                    (B) measure actual privacy and data protection 
                practices against the agency's recorded privacy and 
                data protection procedures;
                    (C) ensure compliance and consistency with both 
                online and offline stated privacy and data protection 
                policies; and
                    (D) provide agencies with ongoing awareness and 
                recommendations regarding privacy and data protection 
                procedures.
            (3) Requirements of review.--The Inspector General of each 
        agency shall contract with an independent, third party that is 
        a recognized leader in privacy consulting, privacy technology, 
        data collection and data use management, and global privacy 
        issues, to--
                    (A) evaluate the agency's use of information in 
                identifiable form;
                    (B) evaluate the privacy and data protection 
                procedures of the agency; and
                    (C) recommend strategies and specific steps to 
                improve privacy and data protection management.
            (4) Content.--Each review under this subsection shall 
        include--
                    (A) a review of the agency's technology, practices 
                and procedures with regard to the collection, use, 
                sharing, disclosure, transfer and storage of 
                information in identifiable form;
                    (B) a review of the agency's stated privacy and 
                data protection procedures with regard to the 
                collection, use, sharing, disclosure, transfer, and 
                security of personal information in identifiable form 
                relating to agency employees and the public;
                    (C) a detailed analysis of agency intranet, network 
                and Websites for privacy vulnerabilities, including--
                            (i) noncompliance with stated practices, 
                        procedures and policies; and
                            (ii) risks for inadvertent release of 
                        information in an identifiable form from the 
                        website of the agency.
                    (D) a review of agency compliance with this act.
    (e) Report.--
            (1) In general.--Upon completion of a review, the Inspector 
        General of an agency shall submit to the head of that agency a 
        detailed report on the review, including recommendations for 
        improvements or enhancements to management of information in 
        identifiable form, and the privacy and data protection 
        procedures of the agency.
            (2) Internet availability.--Each agency shall make each 
        independent third party review, and each report of the 
        Inspector General relating to that review available to the 
        public.
    (f) Definition.--In this section, the definition of ``identifiable 
form'' is consistent with Public Law 107-347, the E-Government Act of 
2002, and means any representation of information that permits the 
identity of an individual to whom the information applies to be 
reasonably inferred by either direct or indirect means.
    Sec. 521. Section 312a(a) of the Federal Election Campaign Act of 
1971 (2 U.S.C. 439a(a)) is amended--
            (1) by striking the ``or'' at the end of paragraph (a)(3);
            (2) by striking the period, and adding a semi-colon at the 
        end of paragraph (a)(4);
            (3) by adding a new paragraph (a)(5) to read as follows: 
        ``(5) for donations to State and local candidates subject to 
        the provisions of State law; or''; and
            (4) by adding a new paragraph (a)(6) to read as follows: 
        ``(6) for any other lawful purpose unless prohibited by 
        subsection (b) of this section.''.
    Sec. 522. Section 302(e)(3)(B) of the Federal Election Campaign Act 
of 1971 (2 U.S.C. 432(e)(3)(B)) is amended by striking ``$1,000'' and 
inserting in its place ``$2,000''.
    Sec. 523. The Former Presidents Act, 3 U.S.C. 102, note, is amended 
to add the following at the end of Section 1(b): ``Amounts provided for 
`Allowances and Office Staff for Former Presidents' may be used to pay 
fees of an independent contractor who is not a member of the staff of 
the office of a former President for the review of Presidential records 
of a former President in connection with the transfer of such records 
to the National Archives and Records Administration or a Presidential 
Library without regard to the limitation on staff compensation set 
forth herein.''.

                                TITLE VI

                           GENERAL PROVISIONS

                Departments, Agencies, and Corporations

    Sec. 601. Funds appropriated in this or any other Act may be used 
to pay travel to the United States for the immediate family of 
employees serving abroad in cases of death or life threatening illness 
of said employee.
    Sec. 602. No department, agency, or instrumentality of the United 
States receiving appropriated funds under this or any other Act for 
fiscal year 2005 shall obligate or expend any such funds, unless such 
department, agency, or instrumentality has in place, and will continue 
to administer in good faith, a written policy designed to ensure that 
all of its workplaces are free from the illegal use, possession, or 
distribution of controlled substances (as defined in the Controlled 
Substances Act) by the officers and employees of such department, 
agency, or instrumentality.
    Sec. 603. Unless otherwise specifically provided, the maximum 
amount allowable during the current fiscal year in accordance with 
section 16 of the Act of August 2, 1946 (60 Stat. 810), for the 
purchase of any passenger motor vehicle (exclusive of buses, 
ambulances, law enforcement, and undercover surveillance vehicles), is 
hereby fixed at $8,100 except station wagons for which the maximum 
shall be $9,100: Provided, That these limits may be exceeded by not to 
exceed $3,700 for police-type vehicles, and by not to exceed $4,000 for 
special heavy-duty vehicles: Provided further, That the limits set 
forth in this section may not be exceeded by more than 5 percent for 
electric or hybrid vehicles purchased for demonstration under the 
provisions of the Electric and Hybrid Vehicle Research, Development, 
and Demonstration Act of 1976: Provided further, That the limits set 
forth in this section may be exceeded by the incremental cost of clean 
alternative fuels vehicles acquired pursuant to Public Law 101-549 over 
the cost of comparable conventionally fueled vehicles.
    Sec. 604. Appropriations of the executive departments and 
independent establishments for the current fiscal year available for 
expenses of travel, or for the expenses of the activity concerned, are 
hereby made available for quarters allowances and cost-of-living 
allowances, in accordance with 5 U.S.C. 5922-5924.
    Sec. 605. Unless otherwise specified during the current fiscal 
year, no part of any appropriation contained in this or any other Act 
shall be used to pay the compensation of any officer or employee of the 
Government of the United States (including any agency the majority of 
the stock of which is owned by the Government of the United States) 
whose post of duty is in the continental United States unless such 
person: (1) is a citizen of the United States; (2) is a person in the 
service of the United States on the date of the enactment of this Act 
who, being eligible for citizenship, has filed a declaration of 
intention to become a citizen of the United States prior to such date 
and is actually residing in the United States; (3) is a person who owes 
allegiance to the United States; (4) is an alien from Cuba, Poland, 
South Vietnam, the countries of the former Soviet Union, or the Baltic 
countries lawfully admitted to the United States for permanent 
residence; (5) is a South Vietnamese, Cambodian, or Laotian refugee 
paroled in the United States after January 1, 1975; or (6) is a 
national of the People's Republic of China who qualifies for adjustment 
of status pursuant to the Chinese Student Protection Act of 1992: 
Provided, That for the purpose of this section, an affidavit signed by 
any such person shall be considered prima facie evidence that the 
requirements of this section with respect to his or her status have 
been complied with: Provided further, That any person making a false 
affidavit shall be guilty of a felony, and, upon conviction, shall be 
fined no more than $4,000 or imprisoned for not more than 1 year, or 
both: Provided further, That the above penal clause shall be in 
addition to, and not in substitution for, any other provisions of 
existing law: Provided further, That any payment made to any officer or 
employee contrary to the provisions of this section shall be 
recoverable in action by the Federal Government. This section shall not 
apply to citizens of Ireland, Israel, or the Republic of the 
Philippines, or to nationals of those countries allied with the United 
States in a current defense effort, or to international broadcasters 
employed by the United States Information Agency, or to temporary 
employment of translators, or to temporary employment in the field 
service (not to exceed 60 days) as a result of emergencies.
    Sec. 606. Appropriations available to any department or agency 
during the current fiscal year for necessary expenses, including 
maintenance or operating expenses, shall also be available for payment 
to the General Services Administration for charges for space and 
services and those expenses of renovation and alteration of buildings 
and facilities which constitute public improvements performed in 
accordance with the Public Buildings Act of 1959 (73 Stat. 749), the 
Public Buildings Amendments of 1972 (87 Stat. 216), or other applicable 
law.
    Sec. 607. In addition to funds provided in this or any other Act, 
all Federal agencies are authorized to receive and use funds resulting 
from the sale of materials, including Federal records disposed of 
pursuant to a records schedule recovered through recycling or waste 
prevention programs. Such funds shall be available until expended for 
the following purposes:
            (1) Acquisition, waste reduction and prevention, and 
        recycling programs as described in Executive Order No. 13101 
        (September 14, 1998), including any such programs adopted prior 
        to the effective date of the Executive order.
            (2) Other Federal agency environmental management programs, 
        including, but not limited to, the development and 
        implementation of hazardous waste management and pollution 
        prevention programs.
            (3) Other employee programs as authorized by law or as 
        deemed appropriate by the head of the Federal agency.
    Sec. 608. Funds made available by this or any other Act for 
administrative expenses in the current fiscal year of the corporations 
and agencies subject to chapter 91 of title 31, United States Code, 
shall be available, in addition to objects for which such funds are 
otherwise available, for rent in the District of Columbia; services in 
accordance with 5 U.S.C. 3109; and the objects specified under this 
head, all the provisions of which shall be applicable to the 
expenditure of such funds unless otherwise specified in the Act by 
which they are made available: Provided, That in the event any 
functions budgeted as administrative expenses are subsequently 
transferred to or paid from other funds, the limitations on 
administrative expenses shall be correspondingly reduced.
    Sec. 609. No part of any appropriation for the current fiscal year 
contained in this or any other Act shall be paid to any person for the 
filling of any position for which he or she has been nominated after 
the Senate has voted not to approve the nomination of said person.
    Sec. 610. No part of any appropriation contained in this or any 
other Act shall be available for interagency financing of boards 
(except Federal Executive Boards), commissions, councils, committees, 
or similar groups (whether or not they are interagency entities) which 
do not have a prior and specific statutory approval to receive 
financial support from more than one agency or instrumentality.
    Sec. 611. Funds made available by this or any other Act to the 
Postal Service Fund (39 U.S.C. 2003) shall be available for employment 
of guards for all buildings and areas owned or occupied by the Postal 
Service and under the charge and control of the Postal Service, and 
such guards shall have, with respect to such property, the powers of 
special policemen provided by the first section of the Act of June 1, 
1948, as amended (62 Stat. 281; 40 U.S.C. 318), and, as to property 
owned or occupied by the Postal Service, the Postmaster General may 
take the same actions as the Administrator of General Services may take 
under the provisions of sections 2 and 3 of the Act of June 1, 1948, as 
amended (62 Stat. 281; 40 U.S.C. 318a and 318b), attaching thereto 
penal consequences under the authority and within the limits provided 
in section 4 of the Act of June 1, 1948, as amended (62 Stat. 281; 40 
U.S.C. 318c).
    Sec. 612. None of the funds made available pursuant to the 
provisions of this Act shall be used to implement, administer, or 
enforce any regulation which has been disapproved pursuant to a 
resolution of disapproval duly adopted in accordance with the 
applicable law of the United States.
    Sec. 613. (a) Notwithstanding any other provision of law, and 
except as otherwise provided in this section, no part of any of the 
funds appropriated for fiscal year 2005, by this or any other Act, may 
be used to pay any prevailing rate employee described in section 
5342(a)(2)(A) of title 5, United States Code--
            (1) during the period from the date of expiration of the 
        limitation imposed by the comparable section for previous 
        fiscal years until the normal effective date of the applicable 
        wage survey adjustment that is to take effect in fiscal year 
        2005, in an amount that exceeds the rate payable for the 
        applicable grade and step of the applicable wage schedule in 
        accordance with such section; and
            (2) during the period consisting of the remainder of fiscal 
        year 2005, in an amount that exceeds, as a result of a wage 
        survey adjustment, the rate payable under paragraph (1) by more 
        than the sum of--
                    (A) the percentage adjustment taking effect in 
                fiscal year 2005 under section 5303 of title 5, United 
                States Code, in the rates of pay under the General 
                Schedule; and
                    (B) the difference between the overall average 
                percentage of the locality-based comparability payments 
                taking effect in fiscal year 2005 under section 5304 of 
                such title (whether by adjustment or otherwise), and 
                the overall average percentage of such payments which 
                was effective in the previous fiscal year under such 
                section.
    (b) Notwithstanding any other provision of law, no prevailing rate 
employee described in subparagraph (B) or (C) of section 5342(a)(2) of 
title 5, United States Code, and no employee covered by section 5348 of 
such title, may be paid during the periods for which subsection (a) is 
in effect at a rate that exceeds the rates that would be payable under 
subsection (a) were subsection (a) applicable to such employee.
    (c) For the purposes of this section, the rates payable to an 
employee who is covered by this section and who is paid from a schedule 
not in existence on September 30, 2004, shall be determined under 
regulations prescribed by the Office of Personnel Management.
    (d) Notwithstanding any other provision of law, rates of premium 
pay for employees subject to this section may not be changed from the 
rates in effect on September 30, 2004, except to the extent determined 
by the Office of Personnel Management to be consistent with the purpose 
of this section.
    (e) This section shall apply with respect to pay for service 
performed after September 30, 2004.
    (f) For the purpose of administering any provision of law 
(including any rule or regulation that provides premium pay, 
retirement, life insurance, or any other employee benefit) that 
requires any deduction or contribution, or that imposes any requirement 
or limitation on the basis of a rate of salary or basic pay, the rate 
of salary or basic pay payable after the application of this section 
shall be treated as the rate of salary or basic pay.
    (g) Nothing in this section shall be considered to permit or 
require the payment to any employee covered by this section at a rate 
in excess of the rate that would be payable were this section not in 
effect.
    (h) The Office of Personnel Management may provide for exceptions 
to the limitations imposed by this section if the Office determines 
that such exceptions are necessary to ensure the recruitment or 
retention of qualified employees.
    Sec. 614. During the period in which the head of any department or 
agency, or any other officer or civilian employee of the Government 
appointed by the President of the United States, holds office, no funds 
may be obligated or expended in excess of $5,000 to furnish or 
redecorate the office of such department head, agency head, officer, or 
employee, or to purchase furniture or make improvements for any such 
office, unless advance notice of such furnishing or redecoration is 
expressly approved by the Committees on Appropriations. For the 
purposes of this section, the term ``office'' shall include the entire 
suite of offices assigned to the individual, as well as any other space 
used primarily by the individual or the use of which is directly 
controlled by the individual.
    Sec. 615. Notwithstanding section 1346 of title 31, United States 
Code, or section 610 of this Act, funds made available for the current 
fiscal year by this or any other Act shall be available for the 
interagency funding of national security and emergency preparedness 
telecommunications initiatives which benefit multiple Federal 
departments, agencies, or entities, as provided by Executive Order No. 
12472 (April 3, 1984).
    Sec. 616. (a) None of the funds appropriated by this or any other 
Act may be obligated or expended by any Federal department, agency, or 
other instrumentality for the salaries or expenses of any employee 
appointed to a position of a confidential or policy-determining 
character excepted from the competitive service pursuant to section 
3302 of title 5, United States Code, without a certification to the 
Office of Personnel Management from the head of the Federal department, 
agency, or other instrumentality employing the Schedule C appointee 
that the Schedule C position was not created solely or primarily in 
order to detail the employee to the White House.
    (b) The provisions of this section shall not apply to Federal 
employees or members of the armed services detailed to or from--
            (1) the Central Intelligence Agency;
            (2) the National Security Agency;
            (3) the Defense Intelligence Agency;
            (4) the offices within the Department of Defense for the 
        collection of specialized national foreign intelligence through 
        reconnaissance programs;
            (5) the Bureau of Intelligence and Research of the 
        Department of State;
            (6) any agency, office, or unit of the Army, Navy, Air 
        Force, and Marine Corps, the Department of Homeland Security, 
        the Federal Bureau of Investigation and the Drug Enforcement 
        Administration of the Department of Justice, the Department of 
        Transportation, the Department of the Treasury, and the 
        Department of Energy performing intelligence functions; and
            (7) the Director of Central Intelligence.
    Sec. 617. No department, agency, or instrumentality of the United 
States receiving appropriated funds under this or any other Act for the 
current fiscal year shall obligate or expend any such funds, unless 
such department, agency, or instrumentality has in place, and will 
continue to administer in good faith, a written policy designed to 
ensure that all of its workplaces are free from discrimination and 
sexual harassment and that all of its workplaces are not in violation 
of title VII of the Civil Rights Act of 1964, as amended, the Age 
Discrimination in Employment Act of 1967, and the Rehabilitation Act of 
1973.
    Sec. 618. No part of any appropriation contained in this or any 
other Act shall be available for the payment of the salary of any 
officer or employee of the Federal Government, who--
            (1) prohibits or prevents, or attempts or threatens to 
        prohibit or prevent, any other officer or employee of the 
        Federal Government from having any direct oral or written 
        communication or contact with any Member, committee, or 
        subcommittee of the Congress in connection with any matter 
        pertaining to the employment of such other officer or employee 
        or pertaining to the department or agency of such other officer 
        or employee in any way, irrespective of whether such 
        communication or contact is at the initiative of such other 
        officer or employee or in response to the request or inquiry of 
        such Member, committee, or subcommittee; or
            (2) removes, suspends from duty without pay, demotes, 
        reduces in rank, seniority, status, pay, or performance of 
        efficiency rating, denies promotion to, relocates, reassigns, 
        transfers, disciplines, or discriminates in regard to any 
        employment right, entitlement, or benefit, or any term or 
        condition of employment of, any other officer or employee of 
        the Federal Government, or attempts or threatens to commit any 
        of the foregoing actions with respect to such other officer or 
        employee, by reason of any communication or contact of such 
        other officer or employee with any Member, committee, or 
        subcommittee of the Congress as described in paragraph (1).
    Sec. 619. (a) None of the funds made available in this or any other 
Act may be obligated or expended for any employee training that--
            (1) does not meet identified needs for knowledge, skills, 
        and abilities bearing directly upon the performance of official 
        duties;
            (2) contains elements likely to induce high levels of 
        emotional response or psychological stress in some 
        participants;
            (3) does not require prior employee notification of the 
        content and methods to be used in the training and written end 
        of course evaluation;
            (4) contains any methods or content associated with 
        religious or quasi-religious belief systems or ``new age'' 
        belief systems as defined in Equal Employment Opportunity 
        Commission Notice N-915.022, dated September 2, 1988; or
            (5) is offensive to, or designed to change, participants' 
        personal values or lifestyle outside the workplace.
    (b) Nothing in this section shall prohibit, restrict, or otherwise 
preclude an agency from conducting training bearing directly upon the 
performance of official duties.
    Sec. 620. No funds appropriated in this or any other Act may be 
used to implement or enforce the agreements in Standard Forms 312 and 
4414 of the Government or any other nondisclosure policy, form, or 
agreement if such policy, form, or agreement does not contain the 
following provisions: ``These restrictions are consistent with and do 
not supersede, conflict with, or otherwise alter the employee 
obligations, rights, or liabilities created by Executive Order No. 
12958; section 7211 of title 5, United States Code (governing 
disclosures to Congress); section 1034 of title 10, United States Code, 
as amended by the Military Whistleblower Protection Act (governing 
disclosure to Congress by members of the military); section 2302(b)(8) 
of title 5, United States Code, as amended by the Whistleblower 
Protection Act (governing disclosures of illegality, waste, fraud, 
abuse or public health or safety threats); the Intelligence Identities 
Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures 
that could expose confidential Government agents); and the statutes 
which protect against disclosure that may compromise the national 
security, including sections 641, 793, 794, 798, and 952 of title 18, 
United States Code, and section 4(b) of the Subversive Activities Act 
of 1950 (50 U.S.C. 783(b)). The definitions, requirements, obligations, 
rights, sanctions, and liabilities created by said Executive order and 
listed statutes are incorporated into this agreement and are 
controlling.'': Provided, That notwithstanding the preceding paragraph, 
a nondisclosure policy form or agreement that is to be executed by a 
person connected with the conduct of an intelligence or intelligence-
related activity, other than an employee or officer of the United 
States Government, may contain provisions appropriate to the particular 
activity for which such document is to be used. Such form or agreement 
shall, at a minimum, require that the person will not disclose any 
classified information received in the course of such activity unless 
specifically authorized to do so by the United States Government. Such 
nondisclosure forms shall also make it clear that they do not bar 
disclosures to Congress or to an authorized official of an executive 
agency or the Department of Justice that are essential to reporting a 
substantial violation of law.
    Sec. 621. No part of any funds appropriated in this or any other 
Act shall be used by an agency of the executive branch, other than for 
normal and recognized executive-legislative relationships, for 
publicity or propaganda purposes, and for the preparation, distribution 
or use of any kit, pamphlet, booklet, publication, radio, television or 
film presentation designed to support or defeat legislation pending 
before the Congress, except in presentation to the Congress itself.
    Sec. 622. None of the funds appropriated by this or any other Act 
may be used by an agency to provide a Federal employee's home address 
to any labor organization except when the employee has authorized such 
disclosure or when such disclosure has been ordered by a court of 
competent jurisdiction.
    Sec. 623. None of the funds made available in this Act or any other 
Act may be used to provide any non-public information such as mailing 
or telephone lists to any person or any organization outside of the 
Federal Government without the approval of the Committees on 
Appropriations.
    Sec. 624. No part of any appropriation contained in this or any 
other Act shall be used for publicity or propaganda purposes within the 
United States not heretofore authorized by the Congress.
    Sec. 625. (a) In this section the term ``agency''--
            (1) means an Executive agency as defined under section 105 
        of title 5, United States Code;
            (2) includes a military department as defined under section 
        102 of such title, the Postal Service, and the Postal Rate 
        Commission; and
            (3) shall not include the General Accounting Office.
    (b) Unless authorized in accordance with law or regulations to use 
such time for other purposes, an employee of an agency shall use 
official time in an honest effort to perform official duties. An 
employee not under a leave system, including a Presidential appointee 
exempted under section 6301(2) of title 5, United States Code, has an 
obligation to expend an honest effort and a reasonable proportion of 
such employee's time in the performance of official duties.
    Sec. 626. Notwithstanding 31 U.S.C. 1346 and section 610 of this 
Act, funds made available for the current fiscal year by this or any 
other Act to any department or agency, which is a member of the Joint 
Financial Management Improvement Program (JFMIP), shall be available to 
finance an appropriate share of JFMIP administrative costs, as 
determined by the JFMIP, but not to exceed a total of $800,000 
including the salary of the Executive Director and staff support.
    Sec. 627. Notwithstanding 31 U.S.C. 1346 and section 610 of this 
Act, the head of each Executive department and agency is hereby 
authorized to transfer to or reimburse the ``Government-wide Policy'' 
account, General Services Administration, with the approval of the 
Director of the Office of Management and Budget, funds made available 
for the current fiscal year by this or any other Act, including rebates 
from charge card and other contracts. These funds shall be administered 
by the Administrator of General Services to support Government-wide 
financial, information technology, procurement, and other management 
innovations, initiatives, and activities, as approved by the Director 
of the Office of Management and Budget, in consultation with the 
appropriate interagency groups designated by the Director (including 
the Chief Financial Officers Council and the Joint Financial Management 
Improvement Program for financial management initiatives, the Chief 
Information Officers Council for information technology initiatives, 
the Chief Human Capital Officers Council for human capital initiatives, 
and the Federal Acquisition Council for procurement initiatives). The 
total funds transferred or reimbursed shall not exceed $17,000,000. 
Such transfers or reimbursements may only be made 15 days following 
notification of the Committees on Appropriations by the Director of the 
Office of Management and Budget.
    Sec. 628. None of the funds made available in this or any other Act 
may be used by the Office of Personnel Management or any other 
department or agency of the Federal Government to prohibit any agency 
from using appropriated funds as they see fit to independently contract 
with private companies to provide online employment applications and 
processing services.
    Sec. 629. 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), as amended, is further amended by striking ``October 
1, 2004'' and inserting ``October 1, 2005''.
    Sec. 633. (a) Prohibition of Federal Agency Monitoring of 
Individuals' Internet Use.--None of the funds made available in this or 
any other Act may be used by any Federal agency--
            (1) to collect, review, or create any aggregation of data, 
        derived from any means, that includes any personally 
        identifiable information relating to an individual's access to 
        or use of any Federal Government Internet site of the agency; 
        or
            (2) to enter into any agreement with a third party 
        (including another government agency) to collect, review, or 
        obtain any aggregation of data, derived from any means, that 
        includes any personally identifiable information relating to an 
        individual's access to or use of any nongovernmental Internet 
        site.
    (b) Exceptions.--The limitations established in subsection (a) 
shall not apply to--
            (1) any record of aggregate data that does not identify 
        particular persons;
            (2) any voluntary submission of personally identifiable 
        information;
            (3) any action taken for law enforcement, regulatory, or 
        supervisory purposes, in accordance with applicable law; or
            (4) any action described in subsection (a)(1) that is a 
        system security action taken by the operator of an Internet 
        site and is necessarily incident to the rendition of the 
        Internet site services or to the protection of the rights or 
        property of the provider of the Internet site.
    (c) Definitions.--For the purposes of this section:
            (1) The term ``regulatory'' means agency actions to 
        implement, interpret or enforce authorities provided in law.
            (2) The term ``supervisory'' means examinations of the 
        agency's supervised institutions, including assessing safety 
        and soundness, overall financial condition, management 
        practices and policies and compliance with applicable standards 
        as provided in law.
    Sec. 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. None of the funds made available under this or any other 
Act for fiscal year 2005 and each fiscal year thereafter shall be 
expended for the purchase of a product or service offered by Federal 
Prison Industries, Inc. unless the agency making such purchase 
determines that such offered product or service provides the best value 
to the buying agency pursuant to governmentwide procurement 
regulations, issued pursuant to section 25(c)(1) of the Office of 
Federal Procurement Act (41 U.S.C. 421(c)(1)) that impose procedures, 
standards, and limitations of section 2410n of title 10, United States 
Code.
    Sec. 637. Each Executive department and agency shall evaluate the 
creditworthiness of an individual before issuing the individual a 
government purchase charge card or government travel charge card. The 
department or agency may not issue a government purchase charge card or 
government travel charge card to an individual that either lacks a 
credit history or is found to have an unsatisfactory credit history as 
a result of this evaluation: Provided, That this restriction shall not 
preclude issuance of a restricted-use charge, debit, or stored value 
card made in accordance with agency procedures to (a) an individual 
with an unsatisfactory credit history where such card is used to pay 
travel expenses and the agency determines there is no suitable 
alternative payment mechanism available before issuing the card, or (b) 
an individual who lacks a credit history. Each Executive department and 
agency shall establish guidelines and procedures for disciplinary 
actions to be taken against agency personnel for improper, fraudulent, 
or abusive use of government charge cards, which shall include 
appropriate disciplinary actions for use of charge cards for purposes, 
and at establishments, that are inconsistent with the official business 
of the Department or agency or with applicable standards of conduct.
    Sec. 638. 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. 639. (a) Not later than 180 days after the enactment of this 
Act, the head of each Federal agency shall submit a report to Congress 
on the amount of the acquisitions made by the agency from entities that 
manufacture the articles, materials, or supplies outside of the United 
States in that fiscal year.
    (b) The report required by subsection (a) shall separately 
indicate--
            (1) the dollar value of any articles, materials, or 
        supplies purchased that were manufactured outside of the United 
        States;
            (2) an itemized list of all waivers granted with respect to 
        such articles, materials, or supplies under the Buy American 
        Act (41 U.S.C. 10a et seq.); and
            (3) a summary of the total procurement funds spent on goods 
        manufactured in the United States versus funds spent on goods 
        manufactured outside of the United States.
    (c) The head of each Federal agency submitting a report under 
subsection (a) shall make the report publicly available to the maximum 
extent practicable.
    Sec. 640. (a) The adjustment in rates of basic pay for employees 
under the statutory pay systems that takes effect in fiscal year 2005 
under sections 5303 and 5304 of title 5, United States Code, shall be 
an increase of 3.5 percent, and this adjustment shall apply to civilian 
employees in the Department of Defense and the Department of Homeland 
Security and such adjustments shall be effective as of the first day of 
the first applicable pay period beginning on or after January 1, 2005.
    (b) Notwithstanding section 613 of this Act, the adjustment in 
rates of basic pay for the statutory pay systems that take place in 
fiscal year 2005 under sections 5344 and 5348 of title 5, United States 
Code, shall be no less than the percentage in paragraph (a) as 
employees in the same location whose rates of basic pay are adjusted 
pursuant to the statutory pay systems under section 5303 and 5304 of 
title 5, United States Code. Prevailing rate employees at locations 
where there are no employees whose pay is increased pursuant to 
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 2005.
    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. Subsection (e) of section 3716 of title 31, United States 
Code, is amended to read as follows:
    ``(e)(1) Notwithstanding any other provision of law (including 42 
U.S.C. 407 and 1383(d)(1), 30 U.S.C. 923(b), and 45 U.S.C. 231(m), 
regulation, or administrative limitation, no limitation shall terminate 
the period within which an offset may be initiated or taken pursuant to 
this section.
    ``(2) This section does not apply when a statute explicitly 
prohibits using administrative offset or setoff to collect the claim or 
type of claim involved.''.
    Sec. 643. Section 653(j) of title 42, United States Code, is 
amended by adding at the end the following new paragraph:
            ``(7) Information comparisons and disclosure to assist in 
        federal debt collection.--
                    ``(A) Furnishing of information by the secretary of 
                the treasury.--The Secretary of the Treasury shall 
                furnish to the Secretary, on such periodic basis as 
                determined by the Secretary of the Treasury in 
                consultation with the Secretary, information in the 
                custody of the Secretary of the Treasury for comparison 
                with information in the National Directory of New 
                Hires, in order to obtain information in such Directory 
                with respect to persons--
                            ``(i) who owe delinquent nontax debt to the 
                        United States; and
                            (ii) whose debt has been referred to the 
                        Secretary of the Treasury in accordance with 31 
                        U.S.C. 3711(g).
                    ``(B) Requirement to seek minimum information.--The 
                Secretary of the Treasury shall seek information 
                pursuant to this section only to the extent necessary 
                to improve collection of the debt described in 
                subparagraph (A).
                    ``(C) Duties of the secretary.--
                            ``(i) Information disclosure.--The 
                        Secretary, in cooperation with the Secretary of 
                        the Treasury, shall compare information in the 
                        National Directory of New Hires with 
                        information provided by the Secretary of the 
                        Treasury with respect to persons described in 
                        subparagraph (A) and shall disclose information 
                        in such Directory regarding such persons to the 
                        Secretary of the Treasury in accordance with 
                        this paragraph, for the purposes specified in 
                        this paragraph. Such comparison of information 
                        shall not be considered a matching program as 
                        defined in 5 U.S.C. 552a.
                            ``(ii) Condition on disclosure.--The 
                        Secretary shall make disclosures in accordance 
                        with clause (i) only to the extent that the 
                        Secretary determines that such disclosures do 
                        not interfere with the effective operation of 
                        the program under this part. Support collection 
                        under section 466(b) of this title shall be 
                        given priority over collection of any 
                        delinquent federal nontax debt against the same 
                        income.
                    ``(D) Use of information by the secretary of the 
                treasury.--The Secretary of the Treasury may use 
                information provided under this paragraph only for 
                purposes of collecting the debt described in 
                subparagraph (A).
                    ``(E) Disclosure of information by the secretary of 
                the treasury.--
                            ``(i) Purpose of disclosure.--The Secretary 
                        of the Treasury may make a disclosure under 
                        this subparagraph only for purposes of 
                        collecting the debt described in subparagraph 
                        (A).
                            ``(ii) Disclosures permitted.--Subject to 
                        clauses (iii) and (iv), the Secretary of the 
                        Treasury may disclose information resulting 
                        from a data match pursuant to this paragraph 
                        only to the Attorney General in connection with 
                        collecting the debt described in subparagraph 
                        (A).
                            ``(iii) Conditions on disclosure.--
                        Disclosures under this subparagraph shall be--
                                    ``(I) made in accordance with data 
                                security and control policies 
                                established by the Secretary of the 
                                Treasury and approved by the Secretary;
                                    ``(II) subject to audit in a manner 
                                satisfactory to the Secretary; and
                                    ``(III) subject to the sanctions 
                                under subsection (l)(2).
                            ``(iv) Additional disclosures.--
                                    ``(I) Determination by 
                                secretaries.--The Secretary of the 
                                Treasury and the Secretary shall 
                                determine whether to permit disclosure 
                                of information under this paragraph to 
                                persons or entities described in 
                                subclause (II), based on an evaluation 
                                made by the Secretary of the Treasury 
                                (in consultation with and approved by 
                                the Secretary), of the costs and 
                                benefits of such disclosures and the 
                                adequacy of measures used to safeguard 
                                the security and confidentiality of 
                                information so disclosed.
                                    ``(II) Permitted persons or 
                                entities.--If the Secretary of the 
                                Treasury and the Secretary determine 
                                pursuant to subclause (I) that 
                                disclosures to additional persons or 
                                entities shall be permitted, 
                                information under this paragraph may be 
                                disclosed by the Secretary of the 
                                Treasury, in connection with collecting 
                                the debt described in subparagraph (A), 
                                to a contractor or agent of either 
                                Secretary and to the Federal agency 
                                that referred such debt to the 
                                Secretary of the Treasury for 
                                collection, subject to the conditions 
                                in clause (iii) and such additional 
                                conditions as agreed to by the 
                                Secretaries.
                            ``(v) Restrictions on redisclosure.--A 
                        person or entity to which information is 
                        disclosed under this subparagraph may use or 
                        disclose such information only as needed for 
                        collecting the debt described in subparagraph 
                        (A), subject to the conditions in clause (iii) 
                        and such additional conditions as agreed to by 
                        the Secretaries.
                    ``(F) Reimbursement of hhs costs.--The Secretary of 
                the Treasury shall reimburse the Secretary, in 
                accordance with subsection (k)(3), for the costs 
                incurred by the Secretary in furnishing the information 
                requested under this paragraph. Any such costs paid by 
                the Secretary of the Treasury shall be considered costs 
                of implementing 31 U.S.C. 3711(g) in accordance with 31 
                U.S.C. 3711(g)(6) and may be paid from the account 
                established pursuant to 31 U.S.C. 3711(g)(7).''.
    Sec. 644. (a) In General.--Section 6402 of title 26, United States 
Code, is amended by redesignating subsections (f) through (k) as 
subsections (g) through (l), respectively, and by inserting after 
subsection (e) the following new subsection:
    ``(f) Collection of Past-due, Legally Enforceable State 
Unemployment Compensation Debts.--
            ``(1) In general.--Upon receiving notice from any State 
        that a person owes a past-due, legally enforceable State 
        unemployment compensation debt to such State, the Secretary 
        shall, under such conditions as may be prescribed by the 
        Secretary--
                    ``(A) reduce the amount of any overpayment payable 
                to such person by the amount of such unemployment 
                compensation debt;
                    ``(B) pay the amount by which such overpayment is 
                reduced under subparagraph (A) to such State and notify 
                such State of such person's name, taxpayer 
                identification number, address, and the amount 
                collected; and
                    ``(C) notify the person making such overpayment 
                that the overpayment has been reduced by an amount 
                necessary to satisfy a past-due, legally enforceable 
                State unemployment compensation debt. If an offset is 
                made pursuant to a joint return, the notice under 
                subparagraph (B) shall include the names, taxpayer 
                identification numbers, and addresses of each person 
                filing such return.
            ``(2) Priorities for offset.--Any overpayment by a person 
        shall be reduced pursuant to this subsection--
                    ``(A) after such overpayment is reduced pursuant 
                to--
                            ``(i) subsection (a) with respect to any 
                        liability for any internal revenue tax on the 
                        part of the person who made the ove8payment;
                            ``(ii) subsection (c) with respect to past-
                        due support;
                            ``(iii) subsection (d) with respect to any 
                        past-due, legally enforceable debt owed to a 
                        Federal agency; and
                    ``(B) before such overpayment is credited to the 
                future liability for any Federal internal revenue tax 
                of such person pursuant to subsection (b). If the 
                Secretary receives notice from a State or States of 
                more than one debt subject to paragraph (1) and/or 
                subsection (e) that is owed by a person to such State 
                or States, any overpayment by such person shall be 
                applied against such debts in the order in which such 
                debts accrued.
            ``(3) Notice; consideration of evidence.--No State may take 
        action under this subsection until such State--
                    ``(A) notifies the person owing the past-due 
                legally enforceable State unemployment compensation 
                debt that the State proposes to take action pursuant to 
                this section;
                    ``(B) gives such person at least 60 days to present 
                evidence that all or part of such liability is not 
                past-due or not legally enforceable;
                    ``(C) considers any evidence presented by such 
                person and determines that an amount of such debt is 
                past-due and legally enforceable; and
                    ``(D) satisfies such other conditions as the 
                Secretary may prescribe to ensure that the 
                determination made under subparagraph (C) is valid and 
                that the State has made reasonable efforts to obtain 
                payment of such unemployment compensation debt.
            ``(4) Past-due, legally enforceable state unemployment 
        compensation debt.--For purposes of this subsection, the term 
        `past-due, legally enforceable State unemployment compensation 
        debt' means overpayments of unemployment compensation assessed 
        under the law of a State certified by the Secretary of Labor 
        pursuant to section 3304 of the Internal Revenue Code, which 
        have become final under State law and remain uncollected.
            ``(5) Regulations.--The Secretary shall issue regulations 
        prescribing the time and manner in which States must submit 
        notices of past-due, legally enforceable State unemployment 
        compensation debt and the necessary information that must be 
        contained in or accompany such notices. The regulations shall 
        specify the minimum amount of debt to which the reduction 
        procedure established by paragraph (1) may be applied. The 
        regulations may require States to pay a fee to the Secretary, 
        which may be deducted from amounts collected, to reimburse the 
        Secretary for the cost of applying such procedure. Any fee paid 
        to the Secretary pursuant to the preceding sentence shall be 
        used to reimburse appropriations which bore all or part of the 
        cost of applying such procedure. The regulations may include a 
        requirement that States submit notices of past-due, legally 
        enforceable State unemployment compensation debt to the 
        Secretary via the Secretary of Labor in accordance with 
        procedures established by the Secretary of Labor. Such 
        procedures may require States to pay a fee to the Secretary of 
        Labor to reimburse the Secretary of Labor for the costs of 
        applying this subsection. Any such fee shall be established in 
        consultation with the Secretary of the Treasury. Any fee paid 
        to the Secretary of Labor may be deducted from amounts 
        collected and shall be used to reimburse the appropriation 
        account which bore all or part of the cost of applying this 
        subsection.
            ``(6) Erroneous payment to state.--Any State receiving 
        notice from the Secretary that an erroneous payment has been 
        made to such State under paragraph (1) shall pay promptly to 
        the Secretary, in accordance with such regulations as the 
        Secretary may prescribe, an amount equal to the amount of such 
        erroneous payment (without regard to whether any other amounts 
        payable to such State under such paragraph have been paid to 
        such State).''.
    (b) Disclosure of certain information to States requesting refund 
offsets for past-due legally enforceable State unemployment 
compensation debt.
            (1) Paragraph (10) of section 6103(l) is amended by 
        striking ``(c), (d), or (e)'' each place it appears and 
        inserting ``(c), (d), (e) or (f).''
            (2) Paragraph (10)(A) of section 6103(l) is amended by 
        inserting ``and to officers and employees of the Department of 
        Labor in connection with a reduction under subsection (f) of 
        section 6402'' after the words ``section 6402''.
            (3) The heading of paragraph (10) is amended by striking 
        ``subsection (c), (d), or (e) of section 6402 and inserting 
        ``subsection (c), (d), (e) or (f) of section 6402.''.
    (c) Conforming Amendments.--
            (1) Subsection (a) of section 6402 is amended by striking 
        ``(c), (d), and (e),'' and inserting ``(c), (d), (e) and (f)''.
            (2) Paragraph (2) of section 6402(d) is amended by striking 
        ``and before such overpayment is reduced pursuant to subsection 
        (e)'' and inserting ``and before such overpayment is reduced 
        pursuant to subsections (e) and (f)''.
            (3) Subsection (g) of section 6402, as redesignated by 
        subsection (a), is amended by striking ``(c), (d) or (e)'' and 
        inserting ``(c), (d), (e) or (f)''.
            (4) Subsection (i) of section 6402, as redesignated by 
        subsection (a), is amended by striking ``subsection (c) or 
        (e)'' and inserting ``subsection (c), (e) or (f)''.
    (d) Effective Date.--The amendments made by this section shall be 
effective as to refunds payable under section 6402 of the Internal 
Revenue Code on or after the date of enactment.
    Sec. 645. Notwithstanding section 1346 of title 31, United States 
Code, and section 610 of this Act, the head of each executive 
department and agency shall transfer to or reimburse the Federal 
Aviation Administration, with the approval of the Director of the 
Office of Management and Budget, funds made available by this or any 
other Act for the purposes described below, and shall submit budget 
requests for such purposes. These funds shall be administered by the 
Federal Aviation Administration as approved by the Director of the 
Office of Management and Budget, in consultation with the appropriate 
interagency groups designated by the Director to ensure the operation 
of the Midway Atoll Airfield by the Federal Aviation Administration 
pursuant to an operational agreement with the Department of the 
Interior. The total funds transferred or reimbursed shall not exceed 
$6,000,000 and shall not be available for activities other than the 
operation of the airfield. The Director of the Office of Management and 
Budget shall notify the Committees on Appropriations of such transfers 
or reimbursements within 15 days of this Act. Such transfers or 
reimbursements shall begin within 30 days of enactment of this Act.
    Sec. 646. None of the funds made available by this Act or any other 
Act may be used to implement the revision to Office of Management and 
Budget Circular A-76 made on May 29, 2003.
    This Act may be cited as the ``Transportation, Treasury, and 
General Government Appropriations Act, 2005''.


                                                       Calendar No. 696

108th CONGRESS

  2d Session

                                S. 2806

                          [Report No. 108-342]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           September 15, 2004

                 Read twice and placed on the calendar