108th Congress

Appropriations for the Departments of Transportation and Treasury, and Independent Agencies Fiscal Year 2004

H.R. 2989/H. Rept. 108-243, S. 1589/S. Rept. 108-146, H.R. 2673/H. Rept. 108-401

Background

The fiscal year (FY) 2004 spending bill for the U.S. Departments of Transportation and Treasury, and Independent Agencies would provide general provisions for all Federal departments, agencies, and corporations. Although there are no provisions in this bill targeted to biomedical research, there are provisions of interest to the National Institutes of Health (NIH). Many of these items are inserted in the bill every year.

The FY 2004 Transportation/Treasury Appropriations bill was folded into the omnibus appropriations bill (H.R. 2673/H. Rept. 108-401), which is still awaiting final action. The House adopted the conference report on December 8, 2003, but the Senate delayed its vote until January 2004. Since this legislation was not passed and signed before Congress adjourned the first session of the 108th Congress, agencies included in the Transportation/Treasury Appropriations bill, along with all other non-defense related agencies, have been provided with funding for FY 2004 through a series of continuing resolutions at the current rate of spending for FY 2003, as follows:

(1) Continuing Resolution (through 10/31/03) P.L. 108-84 9/30/03
(2) Continuing Resolution (through 11/17/03) P.L. 108-104 10/31/03
(3) Continuing Resolution (through 11/21/03) P.L. 108-107 11/7/03
(4) Continuing Resolution (through 1/31/04) P.L. 108-135 11/22/03

Provisions of the Legislation/Impact on NIH

Division F—Departments of Transportation and Treasury, and Independent Agencies, FY 2004:

The conferees agreed to the following new provisions for FY 2004:

• A-76/Competitive Sourcing: The conference agreement includes language within a general provision that “prohibits the use of funds to convert an activity or function of an executive agency to contractor performance, with certain exceptions.” This measure would require agency heads to submit a detailed report to Congress on their agency’s competitive sourcing activities. It would allow agencies to use appropriated funds to monitor and carry out A-76 activities and would prohibit agencies from selecting a contractor at a location outside the United States. The provision also includes the following: “The head of an executive agency may not be required, under Office of Management and Budget Circular A-76 or any other policy, directive, or regulation, to automatically limit to 5 years or less the performance period in a letter of obligation, or other agreement, issued to executive agency employees, if such a letter or other agreement was issued as the result of a public-private competition conducted in accordance with the circular.”
• Online Employment Applications/Processing: Would prohibit the use of funds to limit the options of Federal agencies in selecting the online employment information service of their choice
• Government Charge Cards: Would require each agency to evaluate the creditworthiness of an individual before issuing the individual a specific charge card
• Locality Pay Areas: Would prohibit the use of funds to implement or enforce regulations for locality pay areas that are inconsistent with Federal Salary Council recommendations
• International Acquisitions: Would require a report from each Federal agency on acquisitions from entities that manufacture the articles, materials, or supplies outside the United States
• Details: Would prohibit the use of appropriated funds to implement, administer, or enforce the Office of Personnel Management (OPM) proposed regulations relating to the detail of executive branch employees to the legislative branch. The proposed regulations seek to set forth guidelines for executive branch detailees to the legislative branch and would require that all detailees be reviewed and approved by OPM, limit the tenure of details to 180 days (renewable only once), and require agencies to submit a semiannual report describing each detail, assignment, or instance of making available an agency employee for the performance of functions within or under the supervision of the legislative branch.
• COLA/Pay Raises for Federal Employees: Would provide for a 4.1-percent increase in the adjustment of rates of basic pay for the statutory pay systems that would take effect in FY 2004 and be effective as of the first day of the first applicable pay period beginning on or after January 1, 2004. Funds to carry out this requirement would be paid from each applicable department for salaries and expenses for FY 2004.

The conferees agreed to continue the following provisions in FY 2004:

• Prohibition of Abortion Under the Federal Employees Health Benefits Program (FEHBP): Continuation of the prohibition of the use of Federal funds for Federal employees’ health benefits programs that provide any benefits or coverage for abortions
• Exception in the Case of the Life of the Mother: Continuation of the exception to the above provision when the life of the mother is endangered or the pregnancy is the result of an act of rape or incest
• Drug-Free Workplace: Continuation of the prohibition of the use of appropriated funds, unless the department, agency, or instrumentality has in place and will continue to administer in good faith a written policy designed to ensure that all its workplaces are free from the illegal use, possession, or distribution of controlled substances as defined in the Controlled Substances Act
• Prohibition of Hiring Noncitizens: Continuation of the prohibition of hiring noncitizens of the United States
• Adjustment in Salaries for Prevailing Rate Employees: Continuation of the prohibition of paying Federal employees at a rate in excess of the rate in the OPM schedule
• Prohibition of Hiring Nominees Not Approved by the Senate: Continuation of the prohibition of hiring nominees after the Senate has voted not to approve the nomination of the person
• Training: Continuation of the prohibition of the use of Federal funds to pay for employee training unless the training bears directly upon the performance of official duties
• Schedule C Appointees and White House Details: Continuation of the prohibition of hiring anyone under a Schedule C appointment mechanism without certification to OPM from the head of the Federal department, agency, or instrumentality that the Schedule C position was not created solely or primarily to detail the employee to the White House
• Discrimination-Free Workplace: Continuation of the prohibition of the use of appropriated funds, unless the department, agency, or instrumentality has in place and will continue to administer in good faith a written policy designed to ensure that all its workplaces are free from discrimination and sexual harassment and that all 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
• Disclosure and Cooperation in Testimonies Before Congress and/or Congressional Committees: This provision would ensure that any agreement that is made with the Government (including agreements with employees) does not prevent or discourage full disclosure and cooperation in testimonies before Congress and/or Congressional Committees. The specific citation would be required to be included in any written agreement that precludes individuals from releasing certain information so that they are fully informed with regard to how their knowledge and such an agreement relates to the specifically cited acts.
• Agency Prohibition of Providing a Federal Employee’s Home Address to Labor Organizations: Continuation of the prohibition of the use of Federal funds to provide a Federal employee’s home address to labor organizations
• Official Time Regulations: Continuation of the requirement that Federal employees use official time in an honest effort to perform official duties
• Abortion and Contraception Coverage Under FEHBP: Continuation of the prohibition of the use of Federal funds for Federal employees’ health benefits programs that include a provision providing prescription drug coverage, except where the contract also includes a provision for contraceptive coverage. It would not require coverage of abortion or abortion-related services.
• Renovation and Alteration of Buildings and Facilities: Under this section, in addition to any specific appropriations for public improvements, NIH’s general “lump-sum” appropriations could also be used to reimburse the General Services Administration for public improvements performed on buildings occupied by NIH.
• Recycling and Waste Prevention: Would provide agencies with authorization to receive and use funds to finance the cost of recycling and waste prevention programs
• Breast-Feeding in Federal Buildings: Would provide authorization for a woman to breast-feed her child at any location in a Federal building or on Federal property
• Prohibition of Contributing to Commissions, Councils, Committees, or Similar Groups: Continuation of the prohibition of contributing to Commissions, Councils, Committees, or similar groups. Before FY 1999, there was a specific exception for the National Bioethics Advisory Council (NBAC). For FYs 1999 and 2000, the exceptions for NBAC and the National Science and Technology Council were not included.
• Providing Nonpublic Information to Non-Government Entities: Continuation of the prohibition of providing nonpublic information to non-Government entities
• Nonapproved Publicity: Continuation of the prohibition of the use of funds for propaganda and publicity purposes not authorized by Congress
• Monitoring of Personal Information on Use of the Internet: Continuation of the prohibition of Federal agencies’ monitoring of personal information on use of the Internet
• Government Motor Vehicles: Continuation of the provision regarding price limitations on vehicles purchased by the Federal Government
• Furniture or Redecoration of Offices of Presidential Appointees: Continuation of the provision providing limits on expenditures for furniture or redecoration of offices of Presidential appointees. Executive officers would ensure that the expenditure limit is not exceeded.
• Communications With Congress: Continuation of the prohibition of agencies’ prohibiting or preventing an employee of the Federal Government from having any direct oral or written communication with any Member, committee, or subcommittee of Congress in connection with any matter pertaining to the employment of another officer or employee or pertaining to the department or agency of another officer or employee in any way
• Federal Government Antilobbying Provision: Continuation of the prohibition on the use of Federal funds for any activities designed to support or defeat legislation pending before Congress or any State legislature. Funds could not be used for the salary or expenses of any grant or contract recipient related to any activity designed to influence legislation.
• Federal Funds Identified: Would require that any request for proposals, solicitation, grant application, form, notification, press release, or other publication involving the distribution of Federal funds indicate the agency providing the funds, the Catalog of Federal Domestic Assistance Number, as applicable, and the amount provided

For information on other appropriations legislation, refer to the articles entitled “Appropriations for the National Institutes of Health, Fiscal Year 2004” and “Appropriations for the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies, Fiscal Year 2004.”

Status and Outlook

H.R. 2989 was introduced by Representative Ernest Istook, Jr. (R-OK) on July 30, 2003, and was reported out of the House Appropriations Committee. The bill was passed by the House on September 9. H.R. 2989 was incorporated into the conference report for H.R. 2673, the Agriculture Appropriations, FY 2004 (now known as the Omnibus Appropriations, FY 2004). This bill contains Governmentwide funding provisions for seven separate appropriations bills and was passed by the House on December 8. Other bills in this omnibus measure include Labor, Health and Human Services (H.R. 2660), which funds NIH; Veterans Affairs, Housing and Urban Development (H.R. 2861); Foreign Operations (H.R. 2800); Commerce-Justice-State (H.R. 2799); District of Columbia (H.R. 2765); and Agriculture (H.R. 2673). Majority Leader Bill Frist (R-TN) filed a cloture motion to limit debate on the measure; a vote is set for 2:30 p.m. on January 20, 2004, the day Congress reconvenes for the second session. In the interim, Federal agencies that would be funded through this omnibus measure will operate at FY 2003 levels through January 31, 2004, as provided for in P.L. 108-135.

S. 1589 was introduced by Senator Richard C. Shelby (R-AL) on September 8, 2003, after being reported out of the Senate Committee on Appropriations on September 4. No further action has occurred on this legislation.