S.2806 - Transportation, Treasury, and General Government Appropriations Act, 2005108th Congress (2003-2004)
Bill
Hide Overview| Sponsor: | Sen. Shelby, Richard C. [R-AL] (Introduced 09/15/2004) |
|---|---|
| Committees: | Senate - Appropriations |
| Committee Reports: | S. Rept. 108-342 |
| Latest Action: | Senate - 09/15/2004 Placed on Senate Legislative Calendar under General Orders. Calendar No. 696. (All Actions) |
| Notes: | Transportation/Treasury appropriations are Division H in the H.R. 4818 conference report. H.R. 4818, the Consolidated Appropriations Act, 2005, became Public Law 108-447 on 12/8/2004. |
Tracker:
This bill has the status Introduced
Here are the steps for Status of Legislation:
- Introduced
Subject — Policy Area:
- Economics and Public Finance
- View subjects
Text: S.2806 — 108th Congress (2003-2004)All Information (Except Text)
There is one version of the bill.
Text available as:
- TXT
- PDF (PDF provides a complete and accurate display of this text.) Tip?
Shown Here:
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