Treasury Department FY2005 Appropriations bill

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Transportation, Treasury, and General Government Appropriations Act, 2005 - Title I: Department of Transportation - Makes appropriations for FY 2005 for: (1) the Department of Transportation (DOT), Office of the Secretary; (2) the Federal Aviation Administration (FAA); (3) the Federal Highway Administration (FHA); (4) the Federal Motor Carrier Safety Administration; (5) the National Highway Traffic Safety Administration (NHTSA); (6) the Federal Railroad Administration (FRA); (7) the Federal Transit Administration (FTA); (8) the Saint Lawrence Seaway Development Corporation; (9) the Maritime Administration; (10) the Research and Special Programs Administration; (11) the Office of Inspector General; and (12) the Surface Transportation Board.

(Sec. 102) Limits to no more than 350 the maximum number of technical staff-years for whose compensation funds may be used under the federally funded research and development center contract between the FAA and the Center for Advanced Aviation Systems Development during FY 2005.

(Sec. 104) Authorizes the Administrator of the FAA, for airport projects that will add critical airport capacity to the national air transportation system, to accept funds from airport sponsors (including funds for grants-in-aid to airports) for the FAA to hire additional staff or obtain the services of consultants (provided such funds are used to facilitate the timely processing, review, and completion of environmental activities associated with such projects).

(Sec. 105) Extends the Secretary of Transportation's authority to issue war risk insurance through December 31, 2005.

(Sec. 112) Directs the Secretary of Transportation to deduct .8 percent of certain highway funds apportioned to States and make such amount available to provide grants to States for: (1) the development or enhancement of notification or communication systems along highways for alerts and other information for the recovery of abducted children; (2) planning, highway corridor development, and highway construction projects in the Delta Regional Authority area; and (3) environmental streamlining activities.

(Sec. 113) Rescinds $100 million in appropriations from the Highway Trust Fund.

(Sec. 115) Makes the intermodal marine facility at the Port of Anchorage, Alaska, eligible for certain funding purposes as a publicly owned intermodal surface freight transfer facility.

(Sec. 116) Directs DOT to 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.

(Sec. 117) Makes funds provided for the Utah-Colorado "Isolated Empire" Rail Connector Study that are unobligated as of October 1, 2004, available to the Central Utah Rail Line (Sigurd/Salina to Levan) Project.

(Sec. 118) Designates the Hoover Dam Bypass Bridge in the Lake Mead National Recreation Area between Nevada and Arizona as the Mike O'Callaghan-Pat Tillman Memorial Bridge.

(Sec. 131) Prohibits the use of funds under this Act to implement or enforce any provisions of the Final Rule, issued on April 16, 2003 (Docket No. FMCSA-97-2350), with respect to either: (1) the operators of utility service vehicles; or (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.

(Sec. 142) Authorizes the Secretary for FY 2005 to use amounts made available to States for safety incentive grants for use of seat belts for innovative project allocations (not to exceed the prior year's amounts for such allocations) before making such seat belt use incentive grants.

(Sec. 151) Amend Federal law to authorize the Alaska Railroad to take any necessary action to preserve, protect, or other modify its railroad tracks and right-of-way including establishing fire breaks. Declares that any activity that occurred before the transfer of the Alaska Railroad from the FRA to the State of Alaska shall remain the liability of the FRA.

(Sec. 152) Authorizes the Secretary to make grants from FRA next generation high-speed rail funds to the Illinois Department of Transportation for KBS Railroad track and grade crossing improvements in Kankakee County and Northeastern Illinois.

(Sec. 163) Authorizes the use of funds otherwise made available for Alaska or Hawaii ferry boats or ferry terminal facilities to: (1) 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; (2) initiate and operate a passenger ferryboat services demonstration project to test the viability of different intra- and inter-island ferry boat routes and technology; and (3) acquire passenger ferry boats and to provide passenger ferry transportation services within the areas of Hawaii under the control or use of the National Park Service.

(Sec. 165) Increases from three to five the number of pilot projects authorized under the Consolidated Approriations Act, 2004 for cooperative procurement of major capital equipment. Prescribes a procedure for evaluation of proposals.

(Sec. 166) Authorizes certain unexpended transportation funds for the Port Authority of Allegheny County (Pennsylvania) for the Airport Busway/Wabash HOV Facility project to be used by the Port Authority for the purchase of buses and bus-related equipment.

(Sec. 167) Transfers to the Transit Planning and Research account any unobligated funds made available under the bus category of the Capital Investment Account in a prior fiscal year Appropriations Act for the Greater New Haven (Connecticut) Transit District Fuel Cell and Electric Bus project or CNG/alternative fuel vehicle project.

(Sec. 168) Makes certain unobligated FTA, buses and bus facilities funds available to the Matanuska Susitna Borough (Alaska) for expenditure on ferry boat and ferry facilities and related expenses as part of the Port MacKenzie Intermodal Facility project.

(Sec. 169) Makes new fixed guideway systems funds otherwise available for the Honolulu, Hawaii, bus rapid transit project also 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. Transfers any unobligated funds from such project to any eligible entity for use on improvements to the Kapolei Interchange Complex. Makes funds for Hawaii BRT Systems, Appurtenances and Facilities available for bus and bus facilities by the City and County of Honolulu.

(Sec. 170) Authorizes the Navy to 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) Directs the TRA to comply with the requirements of the Federal Transit Act of 1998, as amended by the Transportation, Treasury, and Independent Agencies Appropriations Act, 2004 in the Consolidated Appropriations Act, 2004, with respect to the coordinated development and governmental funding of certain Utah transportation projects.

(Sec. 173) Transfers to the FRA unobligated funds made available for the Burlington-Bennington, Vermont Commuter Rail project, the Burlington-Middlebury, Vermont Commuter Rail project, the Vermont Transportation Authority Rolling Stock, and the Burlington-Essex, Vermont commuter rail project in order to upgrade and improve the publicly-owned Vermont Rail Infrastructure from Bennington to Burlington with a northern terminus in Essex Junction. Sets the Federal share of project costs at 80 percent.

(Sec. 186) Makes DOT appropriations contained in this Act available for the procurement by an agency head of temporary or intermittent services of experts or consultants, but at rates for individuals not to exceed the per diem rate equivalent to the rate for an Executive Level IV.

(Sec. 187) Prohibits funds under this Act from being: (1) made available for salaries and expenses of more than 106 DOT political and Presidential appointees; or (2) used to implement the establishment of a National Highway Safety Advisory Committee.

(Sec. 189) Prohibits a recipient of funds made available in this Act from disseminating personal information obtained by a State department of motor vehicles in connection with a motor vehicle record, except for specified permitted uses.

(Sec. 191) Authorizes the Secretary of Transportation to allow the issuer of preferred stock sold to DOT to redeem or repurchase it upon the payment to DOT of an amount determined by the Secretary.

(Sec. 192) Prohibits funds in this Act for DOT from being used to make a grant unless the Secretary notifies the House and Senate Committees on Appropriations at least three full business days before any discretionary grant award, letter of intent, or full funding grant agreement totaling $1 million or more is announced from: (1) any discretionary grant program of the Federal Highway Administration other than the emergency relief program; (2) the airport improvement program of the FAA; or (3) any program of the FTA other than the formula grants and fixed guideway modernization programs. Provides that no notification shall involve funds that are not available for obligation.

(Sec. 194) Makes recovered improper payments by DOT to a third party contractor under a financial assistance award available to: (1) reimburse the actual expenses incurred in recovering improper payments; and (2) pay contractors for services provided in recovering them.

(Sec. 195) Authorizes the Secretary to transfer unexpended balances available for the bonding assistance program from "Office of the secretary, salaries, and expenses" to "Minority business outreach".

(Sec. 196) Prohibits funds made available in this Act for DOT from being obligated for the Office of the Secretary to approve assessments or reimbursable agreements pertaining to funds appropriated to the modal administrations in this Act, except for activities underway on enactment of this Act, unless such assessments or agreements have completed the normal reprogramming process for congressional notification.

(Sec. 197) Reduces by $20.844 million the funds provided in this Act for the Working Capital Fund.

(Sec. 198) Considers for FY 2005 the city of Norman, Oklahoma, to be part of the Oklahoma City Transportation Management Area.

(Sec. 199) Prohibits the obligation of funds appropriated under this Act to establish or implement the Essential Air Service (EAS) local participation program, or any similar EAS local participation program.

Title II: Department of the Treasury - Authorizes appropriations for FY 2005 for the Department of the Treasury, including departmental offices and: (1) the Office of Foreign Assets Control; (2) department-wide systems and capital investments; (2) the Office of Inspector General; (3) Treasury Inspector General for Tax Administration; (4) the Air Transportation Stabilization Board; (5) the Financial Crimes Enforcement Network; (6) the Financial Management Service; (7) the Alcohol and Tobacco Tax and Trade Bureau; (8) the United States Mint; (9) the Bureau of the Public Debt; and (10) the Internal Revenue Service (IRS).

(Sec. 216) Amends Federal law to extend from six years to seven years the authorization for the personnel management demonstration project providing for the compensation and performance management of not more than a combined total of 950 employees who fill critical scientific, technical, engineering, intelligence analyst, language translator, and medical positions in the Bureau of Alcohol, Tobacco and Firearms.

(Sec. 218) Prohibits the use of funds appropriated by this Act or any other Act to merge the U.S. Mint and the Bureau of Engraving and Printing without the approval of specified congressional committees.

(Sec. 220) Amends Federal law to declare that the Secretary of the Treasury shall not be liable for a payment made by the Secretary or depository in due course and without negligence of an electronic payment issued by the Treasury or the depository. Requires the amount of liability relief to be charged to the Check Forgery Insurance Fund, and any recovery or repayment of a loss for which replacement is made out of the fund to be credited to such fund.

(Sec. 221) Directs the Secretary of the Treasury to report by December 1, 2004, to a specified congressional committee on how certain statutory provisions addressing currency manipulation by America's trading partners 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 Congress.

(Sec. 222) Prohibits the use of funds made available in this Act to administer or enforce Cuban Assets Control Regulations with respect to any travel or travel-related transaction, with specified exceptions, including the administration of general or specific licenses for travel or travel-related transactions and certain business travel transactions.

(Sec. 223) Authorizes the Secretary of the Treasury to use a certain amount of unobligated Department of the Treasury funds to establish the Office of Terrorism and Financial Intelligence (TFI) in the Department of the Treasury. Provides that the TFI shall be headed by the Under Secretary for Enforcement. Sets forth the functions of the TFI, including to provide policy, strategic, and operational direction to the Department of the Treasury on issues relating to: (1) terrorist financing; (2) financial crimes; (3) U.S. economic sanctions programs; (4) intelligence analysis and coordination functions of the Office of Intelligence Analysis; and (5) other enforcement matters.

Title III: Executive Office of the President and Funds Appropriated to the President - Authorizes appropriations for FY 2005 for compensation of the President and salaries and expenses of designated White House agencies, including: (1) the Council of Economic Advisers; (2) the National Security Council (NSC); (3) the Office of Administration; (4) the Office of Management and Budget (OMB); (5) the Office of National Drug Control Policy; (6) various Federal Drug Control Programs; and (7) special assistance to the President and the official residence of the Vice President.

Title IV: Independent Agencies - Authorizes appropriation for FY 2005 for independent agencies, including: (1) the Architectural and Transportation Barriers Compliance Board; (2) the Committee For Purchase From People Who Are Blind or Severely Disabled; (3) the Election Assistance Commission; (4) the Federal Election Commission; (5) the Federal Labor Relations Authority; (6) the Federal Maritime Commission; (7) the General Services Administration (GSA); (8) the Merit Systems Protection Board; (9) the Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation; (10) the Environmental Dispute Resolution Fund; (11) the National Archives and Records Administration; (12) the National Historical Publications and Records Commission; (13) the National Transportation Safety Board; (14) the Office of Government Ethics; (15) the Office of Personnel Management (OPM); (16) the Office of Inspector General; (17) the Office of Special Counsel; (18) the U.S. Postal Service; (19) the U.S. Tax Court; and (20) the White House Commission on the National Moment of Remembrance.

(Sec. 407) Authorizes the Administrator of General Services to sell the Middle River Depot at Middle River, Maryland, and credit the proceeds as offsetting collections to the Federal Buildings Fund for appropriate capital activities.

(Sec. 408) Amends Federal law to authorize the Administrator to pay direct expenses of highest and best use of property studies, utilization of property studies, deed compliance inspection, and relocation expenses among those incurred for the use of excess Federal property and the disposal of surplus Federal property..

(Sec. 409) Rescinds $106 million of the amounts made available under any Federal law from the Federal Buildings Fund for new construction and repairs and alterations.

(Sec. 410) Authorizes the GSA Administrator, in order to address heightened security requirements for the proposed Moss United States Courthouse Annex project, to: (1) 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, and known as the Shubrick Building; (2) use previously appropriated project funds to initiate compliance procedures immediately in accordance with the National Historic Preservation Act and the National Environmental Policy Act; and (2) redesign the proposed courthouse expansion to incorporate the new site.

(Sec. 411) Amends Federal law to terminate the Panama Canal Commission and the Office of Transition Administration on October 1, 2004. Transfers the Revolving Fund to GSA, to be available for payments of any outstanding liabilities of the Commission and for other specified expenditures.

(Sec. 412) Directs the Postmaster General of the U.S. Postal Service to convey to GSA, for specified consideration, the property formerly used as the Main Postal Office Carrier Annex in Baton Rouge, Louisiana, and located at 750 Florida Street. Directs the GSA Administrator, not later than ten days after such conveyance, to reconvey such land and improvements, without consideration by quitclaim deed and without recourse, 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.

(Sec. 413) Prohibits the use of funds after July 1, 2005, to provide telecommunications service for any Federal government-owned building, unless it complies with a regulation or Executive Order that requires: (1) the provision of telecommunications services using redundant and physically separate entry points to Federal buildings; and (2) the use of physically diverse local network facilities to provide such services.

(Sec. 420) Prohibits the use of funds to implement or enforce restrictions or limitations on the Coast Guard Congressional Fellowship Program, or to implement certain proposed OPM regulations to add to the Code of Federal Regulations provisions relating to the detail of executive branch employees to the legislative branch.

Title V: General Provisions (This Act) - Sets forth permissions for and restrictions upon the use of funds under this Act..

(Sec. 507) Prohibits payment of the salary from any appropriation under this Act for any person filling a permanent or indefinite position formerly held by an employee who has: (1) left to enter the U.S. Armed Forces; (2) satisfactorily completed his period of active military or naval service; (3) within 90 days after release from such service, or from hospitalization continuing after discharge for a period of not more than one year, applied for restoration to his former position; and (4) been certified by OPM as still qualified to perform the duties of his former position, but not been restored to it.

(Sec. 508) Sets forth Buy American requirements, and penalties for their violation.

(Sec. 516) Amends the Consolidated Appropriations Act, 2004 to require all Federal agencies to consult with Alaska Native corporations on the same basis as Indian tribes under Executive Order No. 13175.

(Sec. 517) Prohibits the Board of Governors of the Federal Reserve System and the Secretary of the Treasury, respectively, from determining that real estate brokerage activity or real estate management activity is financial in nature, is incidental to any any financial activity, or is complementary to a financial activity. (In effect, prohibits financial holding companies and national banks from engaging, directly or indirectly, in real estate brokerage or real estate management activities).

(Sec. 518) Amends the Securities Act of 1933 and the Securities Exchange Act of 1934 to provide that any bond issued or sold by the Tennessee Valley Authority shall not be exempt from regulation under the Act.

(Sec. 519) Amends the Denali Commission Act of 1998 to authorize the Secretary of Transportation to make lump sum payments to the Denali 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.

(Sec. 520) Requires each Federal agency to have a Chief Privacy Officer with primary responsibility for privacy and data protection policy. Requires each agency to 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.

(Sec. 521) Amends the Federal Election Campaign Act of 1971 to authorize the use of contributions accepted by a candidate, and any other donation received by an individual as support for activities as a Federal office holder, for: (1) donations to State and local candidates (subject to State law);or (2) any other lawful purpose not specifically prohibited by the Act.

(Sec. 522) Revises the prohibition against the designation as an authorized committee of any political committee which supports or has supported more than one candidate. Increases from $1,000 to $2,000 the ceiling amount of contributions such a committee may make to an authorized committee of any other candidate without violating the prohibition (that is, still be designated as an authorized committee of the first candidate).

(Sec. 523) Amends the Former Presidents Act to allow the use of allowance and office staff funds to pay fees of an independent contractor, who is not a staff member, for the review of the former President's Presidential records in connection with their transfer to the National Archives and Records Administration or a Presidential Library, without regard to such Act's limitation on staff compensation.

Title VI: General Provisions (Departments, Agencies, and Corporations) - Sets forth requirements for the use of appropriations by designated departments, agencies, and corporations.

(Sec. 617) Sets restrictions upon the use of appropriations by any Federal department, agency, or instrumentality unless it has in place, and will continue to administer in good faith, a written policy designed to ensure that all workplaces are free from discrimination and sexual harassment and 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. 632) Amends Federal law to extend from October 1, 2004, to October 1, 2005, the authorization for the franchise fund pilot programs in six executive agencies.

(Sec. 633) Prohibits funds from being used by any Federal agency to collect, review, or create any aggregation of data by any means of any personally identifiable information relating to an individual's access to or use of any Federal Government Internet site.

(Sec. 634) Prohibits the use of funds appropriated by this Act to enter into or renew a contract for a Federal employee health plan which includes a provision providing prescription drug coverage, except where the contract also includes a provision for contraceptive coverage. Exempts specified religious plans. Prohibits such a health plan, however, from discriminating against an individual on the basis that the individual refuses to prescribe contraceptives because such activities would be contrary to his or her religious beliefs or moral convictions.

(Sec. 640) Requires a pay increase of 3.5 percent for civilian Federal employees, including those of the Department of Defense and the Department of Homeland Security, and specified others, for FY 2005.

(Sec. 642) Prohibits any limitation under Federal law or regulations from terminating the period within which the head of a Federal agency may initiate or take an administrative offset to collect a Federal claim against a person for money or property, except when a statute explicitly prohibits using administrative offset or setoff to collect the claim or type of claim involved.

(Sec. 643) Amends Federal law with respect to the Federal Parent Locator Service to direct the Secretary of the Treasury to furnish to the Secretary of Health and Human Services (HHS) information in his or her custody for comparison with information in the National Directory of New Hires about persons who owe delinquent nontax debt to the United States and whose debt has been referred to the Secretary of the Treasury. Requires the Secretary of the Treasury to seek information only to the extent necessary to improve collection of such debt (including child support collection).

(Sec. 644) Amends the Internal Revenue Code to require the Secretary of HHS, upon notification by a State that a person owes a past-due, legally enforceable State unemployment compensation debt, to: (1) reduce the amount of any overpayment payable to such person by the amount of such debt; and (2) pay that amount to the State to satisfy the debt. Sets forth certain priority offset requirements with respect to such overpayments.

(Sec. 646) Prohibits the use of funds made available by this Act or any other Act to implement the revision to OMB Circular A-76 made on May 29, 2003 (conversion to contractor performance of any activity or function of an executive agency).