II

Calendar No. 470

103D CONGRESS

2D SESSION H. R. 4539

[Report No. 103–286]

IN THE SENATE OF THE UNITED STATES

JUNE 16 (legislative day, JUNE 7), 1994

Received; read twice and referred to the Committee on Appropriations

JUNE 16 (legislative day, JUNE 7), 1994

Reported by Mr. DECONCINI, with amendments

[Omit the part struck through and insert the part printed in italic]

AN ACT

Making appropriations for the Treasury Department, the

United States Postal Service, the Executive Office of

the President, and certain Independent Agencies, for the

fiscal year ending September 30, 1995, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 Treasury Department, the United States Postal Service,

6 the Executive Office of the President, and certain Inde-
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1 pendent Agencies, for the fiscal year ending September 30,

2 1995, and for other purposes, namely:

3 TITLE I—DEPARTMENT OF THE TREASURY

4 DEPARTMENTAL OFFICES

5 SALARIES AND EXPENSES

6 For necessary expenses of the Departmental Offices

7 including operation and maintenance of the Treasury

8 Building and Annex; hire of passenger motor vehicles;

9 maintenance, repairs, and improvements of, and purchase

10 of commercial insurance policies for, real properties leased

11 or owned overseas, when necessary for the performance

12 of official business; not to exceed $2,900,000 for official

13 travel expenses; not to exceed $100,000 for official recep14 tion and representation expenses, of which $75,000 is for

15 such expenses of the international affairs function of the

16 Offices; not to exceed $3,101,000 to remain available until

17 September 30, 1997, shall be available for information

18 technology modernization requirements; of which not less

19 than $6,443,000 and 92 full-time equivalent positions shall

20 be available for enforcement activities, and of which not less

21 than $3,040,000 shall be available for the Office of Foreign

22 Assets Control; not to exceed $150,000 for official reception

23 and representation expenses; not to exceed $258,000 for

24 unforeseen emergencies of a confidential nature, to be allo25 cated and expended under the direction of the Secretary
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1 of the Treasury and to be accounted for solely on his cer2 tificate; not to exceed $490,000, to remain available until

3 September 30, 1997, for repairs and improvements to the

4 Main Treasury Building and Annex; $105,150,000: Pro5 vided, That of the offsetting collections credited to this

6 account, $79,000 are permanently canceled $104,400,000.

7 OFFICE OF INSPECTOR GENERAL

8 SALARIES AND EXPENSES

9 For necessary expenses of the Office of Inspector

10 General in carrying out the provisions of the Inspector

11 General Act of 1978, as amended, hire of passenger motor

12 vehicles; not to exceed $2,000,000 for official travel ex13 penses; not to exceed $100,000 for unforeseen emer14 gencies of a confidential nature, to be allocated and ex15 pended under the direction of the Inspector General of the

16 Treasury; $28,897,000 $30,497,000.

17 FINANCIAL CRIMES ENFORCEMENT NETWORK

18 SALARIES AND EXPENSES

19 For necessary expenses of the Financial Crimes En20 forcement Network, including hire of passenger motor ve21 hicles; not to exceed $4,000 for official reception and rep22 resentation expenses; $18,280,000: Provided, That of the

23 offsetting collections credited to this account, $1,000 are

24 permanently canceled $20,690,000.
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1 TREASURY FORFEITURE FUND

2 (LIMITATION OF AVAILABILITY OF DEPOSITS)

3 For necessary expenses of the Treasury Forfeiture

4 Fund, as authorized by Public Law 102–393, not to ex5 ceed $15,000,000, to be derived from deposits in the

6 Fund.

7 FEDERAL LAW ENFORCEMENT TRAINING CENTER

8 SALARIES AND EXPENSES

9 For necessary expenses of the Federal Law Enforce10 ment Training Center, as a bureau of the Department of

11 the Treasury, including materials and support costs of

12 Federal law enforcement basic training; purchase (not to

13 exceed fifty-two for police-type use) and hire of passenger

14 motor vehicles; for expenses for student athletic and relat15 ed activities; uniforms without regard to the general pur16 chase price limitation for the current fiscal year; the con17 ducting of and participating in firearms matches and pres18 entation of awards; for public awareness and enhancing

19 community support of law enforcement training; not to ex20 ceed $9,000 $7,000 for official reception and representa21 tion expenses; room and board for student interns; and

22 services as authorized by 5 U.S.C. 3109: Provided, That

23 the Center is authorized to accept and use gifts of prop24 erty, both real and personal, and to accept services, for

25 authorized purposes, including funding of a gift of intrin-
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1 sic value which shall be awarded annually by the Director

2 of the Center to the outstanding student who graduated

3 from a basic training program at the Center during the

4 previous fiscal year, which shall be funded only by gifts

5 received through the Center’s gift authority: Provided fur6 ther, That notwithstanding any other provision of law, stu7 dents attending training at any Federal Law Enforcement

8 Training Center site shall reside in on-Center or Center9 provided housing, insofar as available and in accordance

10 with Center policy: Provided further, That funds appro11 priated in this account shall be available for training

12 United States Postal Service law enforcement personnel

13 and Postal police officers, at the discretion of the Director

14 on a space available basis with reimbursement of actual

15 costs to this appropriation; State and local government law

16 enforcement training on a space-available basis; training

17 of foreign law enforcement officials on a space-available

18 basis with reimbursement of actual costs to this appropria19 tion; training of private sector security officials on a space20 available basis with reimbursement of actual costs to this

21 appropriation; travel expenses of non-Federal personnel to

22 attend State and local course development meetings at the

23 Center: Provided further, That the Center is authorized

24 to obligate funds in anticipation of reimbursements from

25 agencies receiving training at the Federal Law Enforce-
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1 ment Training Center, except that total obligations at the

2 end of the fiscal year shall not exceed total budgetary re3 sources available at the end of the fiscal year: Provided

4 further, That the Federal Law Enforcement Training Cen5 ter is authorized to provide short term first-aid and emer6 gency medical services for students undergoing training at

7 the Center; $46,713,000 $47,114,000, of which $8,821,000

8 for materials and support costs of Federal law enforce9 ment basic training shall remain available until September

10 30, 1997.

11 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

12 RELATED EXPENSES

13 For expansion of the Federal Law Enforcement

14 Training Center, for acquisition of necessary additional

15 real property and facilities, and for ongoing maintenance,

16 facility improvements, and related expenses, $9,815,000

17 $16,815,000, to remain available until expended.

18 FINANCIAL MANAGEMENT SERVICE

19 SALARIES AND EXPENSES

20 For necessary expenses of the Financial Management

21 Service, $185,389,000 $183,697,000, of which not to ex22 ceed $13,459,000 shall remain available until expended for

23 systems modernization initiatives. In addition, $90,000, to

24 be derived from the Oil Spill Liability Trust Fund, to re25 imburse the Service for administrative and personnel ex26 penses for financial management of the Fund, as author-
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1 ized by section 1012 of Public Law 101–380: Provided,

2 That of the offsetting collections credited to this account,

3 $192,000 are permanently canceled.

4 BUREAU OF ALCOHOL, TOBACCO AND FIREARMS

5 SALARIES AND EXPENSES

6 For necessary expenses of the Bureau of Alcohol, To7 bacco and Firearms, including purchase of not to exceed

8 six hundred and fifty vehicles for police-type use for re9 placement only and hire of passenger motor vehicles; hire

10 of aircraft; and services of expert witnesses at such rates

11 as may be determined by the Director; for payment of per

12 diem and/or subsistence allowances to employees where an

13 assignment to the National Response Team during the in14 vestigation of a bombing or arson incident requires an em15 ployee to work 16 hours or more per day or to remain

16 overnight at his or her post of duty; not to exceed $10,000

17 for official reception and representation expenses; for

18 training of State and local law enforcement agencies with

19 or without reimbursement; provision of laboratory assist20 ance to State and local agencies, with or without reim21 bursement; of which $22,000,000 shall be available solely

22 for the enforcement of the Federal Alcohol Administration

23 Act during fiscal year 1995; $376,181,000 $385,315,000,

24 of which no less than $134,847,000 and 1,140 full-time

25 equivalent positions shall be available for enforcing the
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1 Armed Career Criminal Act, of which not to exceed

2 $1,000,000 shall be available for the payment of attor3 neys’ fees as provided by 18 U.S.C. 924(d)(2); and of

4 which $1,000,000 shall be available for the equipping of

5 any vessel, vehicle, equipment, or aircraft available for of6 ficial use by a State or local law enforcement agency if

7 the conveyance will be used in drug-related joint law en8 forcement operations with the Bureau of Alcohol, Tobacco

9 and Firearms and for the payment of overtime salaries,

10 travel, fuel, training, equipment, and other similar costs

11 of State and local law enforcement officers that are in12 curred in joint operations with the Bureau of Alcohol, To13 bacco and Firearms: Provided, That none of the funds ap14 propriated herein shall be available to investigate or act

15 upon applications for relief from Federal firearms disabil16 ities under 18 U.S.C. 925(c): Provided further, That such

17 funds shall be available to investigate and act upon appli18 cations filed by corporations for relief from Federal fire19 arms disabilities under 18 U.S.C. section 925(c): Provided

20 further, That no funds made available by this or any other

21 Act may be used to implement any reorganization of the

22 Bureau of Alcohol, Tobacco and Firearms or transfer of

23 the Bureau’s functions, missions, or activities to other

24 agencies or Departments in the fiscal year ending on Sep25 tember 30, 1995: Provided further, That no funds appro-
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1 priated herein shall be available for salaries or administra2 tive expenses in connection with consolidating or centraliz3 ing, within the Department of the Treasury, the records,

4 or any portion thereof, of acquisition and disposition of

5 firearms maintained by Federal firearms licensees:–Pro6 vided, That of the offsetting collections credited to this

7 account, $4,000 are permanently canceled: Provided, That

8 funds made available shall be used to achieve a minimum

9 staffing level of 4,215 full-time equivalent positions during

10 fiscal year 1995.

11 UNITED STATES CUSTOMS SERVICE

12 SALARIES AND EXPENSES

13 For necessary expenses of the United States Customs

14 Service, including purchase of up to 1,000 motor vehicles

15 of which 960 are for replacement only, including 990 for

16 police-type use and commercial operations; hire of motor

17 vehicles; not to exceed $20,000 for official reception and

18 representation expenses; and awards of compensation to

19 informers, as authorized by any Act enforced by the

20 United States Customs Service; $1,391,700,000

21 $1,378,914,000, of which such sums as become available

22 in the Customs User Fee Account, except sums subject

23 to section 13031(f)(3) of the Consolidated Omnibus Rec24 onciliation Act of 1985, as amended (19 U.S.C. 58c(f)(3)),

25 shall be derived from that Account; of the total, not to
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1 exceed $150,000 shall be available for payment for rental

2 space in connection with preclearance operations, and not

3 to exceed $4,000,000 shall be available until expended for

4 research: Provided, That uniforms may be purchased with5 out regard to the general purchase price limitation for the

6 current fiscal year: Provided further, That $750,000 shall

7 be available for additional part-time and temporary posi8 tions in the Honolulu Customs District:–Provided further,

9 That $10,000,000 shall be available for the Center for

10 Study of Western Hemispheric Trade as authorized by

11 Public Law 103–182: Provided further, That of the offset12 ting collections credited to this account, $410,000 are per13 manently canceled: Provided further, That Customs shall

14 achieve a minimum full-time equivalent staffing level of

15 17,524 during fiscal year 1995: Provided further, That

16 $500,000 shall remain available until expended for con17 struction of a replacement fence within the city limits of

18 Nogales, Arizona, under the authority of section 69, title

19 19, United States Code: Provided further, That any fee in20 creases currently authorized or authorized in the future, by

21 amendments to section 13031 of the Comprehensive Omni22 bus Budget Reconciliation Act of 1985 hereafter shall be

23 charged and collected.
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1 OPERATION AND MAINTENANCE, AIR AND MARINE

2 INTERDICTION PROGRAMS

3 For expenses, not otherwise provided for, necessary

4 for the operation and maintenance of marine vessels, air5 craft, and other related equipment of the Air and Marine

6 Programs, including operational training and mission-re7 lated travel, and rental payments for facilities occupied by

8 the air or marine interdiction and demand reduction pro9 grams; $78,991,000 $91,891,000 of which $7,233,000

10 shall remain available until September 30, 1997: Provided,

11 That no aircraft or other related equipment, with the excep12 tion of aircraft which is one of a kind and has been identi13 fied as excess to Customs requirements, and aircraft which

14 has been damaged beyond repair, shall be transferred to any

15 other Federal agency, Department, or office outside of the

16 Department of the Treasury, during fiscal year 1995, with17 out the prior approval of the House and Senate Committees

18 on Appropriations.

19 CUSTOMS FACILITIES, CONSTRUCTION, IMPROVEMENTS

20 AND –––– RELATED EXPENSES

21 For acquisition of necessary additional real property,

22 facilities, construction, improvements, and related expenses

23 of the United States Customs Service, $1,000,000, to remain

24 available until expended.
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1 CUSTOMS SERVICES AT SMALL AIRPORTS

2 (TO BE DERIVED FROM FEES COLLECTED)

3 Such sums as may be necessary, not to exceed

4 $1,406,000, for expenses for the provision of Customs

5 services at certain small airports or other facilities when

6 authorized by law and designated by the Secretary of the

7 Treasury, including expenditures for the salary and ex8 penses of individuals employed to provide such services,

9 to be derived from fees collected by the Secretary of the

10 Treasury pursuant to section 236 of Public Law 98–573

11 for each of these airports or other facilities when author12 ized by law and designated by the Secretary of the Treas13 ury, and to remain available until expended.

14 UNITED STATES MINT

15 SALARIES AND EXPENSES

16 For necessary expenses of the United States Mint;

17 $54,770,000 $55,740,000, of which $1,540,000 shall re18 main available until September 30, 1997, for expansion

19 and improvements.

20 BUREAU OF THE PUBLIC DEBT

21 ADMINISTERING THE PUBLIC DEBT

22 For necessary expenses connected with any public23 debt issues of the United States; $183,458,000: Provided,

24 That in fiscal year 1995 and thereafter, the Secretary is

25 authorized to collect fees of not less than $46 for each
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1 definitive security issue provided to customers, and an an2 nual maintenance fee of not less than $25 for each Treas3 ury Direct Investor Account exceeding $100,000 in par

4 value: Provided further, That in fiscal year 1995 and

5 thereafter, of the definitive security fees collected, not to

6 exceed $600,000, and of the annual maintenance fees for

7 Treasury Direct Investor Account collected, not to exceed

8 $2,500,000, shall be retained and used in the current fis9 cal year for the specific purpose of offsetting costs of Bu10 reau of the Public Debt’s marketable security activities,

11 and any fees collected in excess of said amounts shall be

12 deposited as miscellaneous receipts in the Treasury: Pro13 vided further, That the sum appropriated herein from the

14 General Fund for fiscal year 1995 shall be reduced by not

15 more than $600,000 as definitive security issue fees are

16 collected and not more than $2,500,000 as Treasury Di17 rect Investor Account Maintenance fees are collected, so

18 as to result in a final fiscal year 1995 appropriation from

19 the General Fund estimated at $180,358,000.

20 PAYMENT OF GOVERNMENT LOSSES IN SHIPMENT

21 Beginning in fiscal year 1995 and thereafter, there

22 are appropriated such sums as may be necessary to make

23 payments for the replacement of valuables, or the value

24 thereof, lost, destroyed, or damaged in the course of ship25 ments effected pursuant to section 1 of the Government

26 Losses in Shipment Act, as amended.
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1 INTERNAL REVENUE SERVICE

2 ADMINISTRATION AND MANAGEMENT

3 For necessary expenses of the Internal Revenue Serv4 ice, not otherwise provided for; management services, and

5 inspection; including purchase (not to exceed 125 for re6 placement only, for police-type use) and hire of passenger

7 motor vehicles (31 U.S.C. 1343(b)); and services as au8 thorized by 5 U.S.C. 3109, at such rates as may be deter9 mined by the Commissioner; $225,632,000 $163,431,000,

10 of which not to exceed $25,000 for official reception and

11 representation expenses.

12 PROCESSING TAX RETURNS AND ASSISTANCE

13 For necessary expenses of the Internal Revenue Serv14 ice, not otherwise provided for; including processing tax

15 returns; revenue accounting; providing assistance to tax16 payers; hire of passenger motor vehicles (31 U.S.C.

17 1343(b)); and services as authorized by 5 U.S.C. 3109,

18 at such rates as may be determined by the Commissioner;

19 $1,616,295,000, of which $3,500,000 $1,586,028,000, of

20 which $3,700,000 shall be for the Tax Counseling for the

21 Elderly Program, no amount of which shall be available

22 for IRS administrative costs.

23 TAX LAW ENFORCEMENT

24 For necessary expenses of the Internal Revenue Serv25 ice for determining and establishing tax liabilities; tax and

26 enforcement litigation; technical rulings; examining em-
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1 ployee plans and exempt organizations; investigation and

2 enforcement activities; securing unfiled tax returns; col3 lecting unpaid accounts; statistics of income and compli4 ance research; the purchase (for police-type use, not to

5 exceed 600, of which not to exceed 450 shall be for re6 placement only), and hire of passenger motor vehicles (31

7 U.S.C. 1343(b)); and services as authorized by 5 U.S.C.

8 3109, at such rates as may be determined by the Commis9 sioner: Provided, That additional amounts above fiscal

10 year 1994 levels for international tax enforcement shall

11 be used for the continued operation of a task force com12 prised of senior Internal Revenue Service Attorneys, ac13 countants, and economists dedicated to enforcement ac14 tivities related to United States subsidiaries of foreign15 controlled corporations that are in non-compliance with

16 the Internal Revenue Code of 1986; $4,412,580,000

17 $4,358,180,000, of which not to exceed $1,000,000 shall

18 remain available until September 30, 1997 for research:

19 Provided further, That $405,000,000 of the $426,300,000

20 made available for the fiscal year 1995 tax compliance ini21 tiative shall not be expended for any other purposes: Pro22 vided further, That no funds shall be transferred from this

23 account during fiscal year 1995: Provided further, That no

24 less than $442,148,000 and 5,002 full-time equivalent posi25 tions shall be available for tax fraud investigations.
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1 INFORMATION SYSTEMS

2 For necessary expenses for data processing and tele3 communications support for Internal Revenue Service ac4 tivities, including: tax systems modernization (modernized

5 developmental systems), modernized operational systems,

6 services and compliance, and support systems; and for the

7 hire of passenger motor vehicles (31 U.S.C. 1343(b)); and

8 services as authorized by 5 U.S.C. 3109, at such rates

9 as may be determined by the Commissioner:

10 $1,240,357,000 of which $185,000,000 $1,372,614,000 of

11 which no less than $700,000,000 shall be available for tax

12 systems modernization, of which up to $185,000,000 for tax

13 and information systems development projects shall remain

14 available until September 30, 1997: Provided, That none

15 of the funds appropriated for tax systems modernization

16 may be obligated until the Commissioner of the Internal

17 Revenue Service reports to the Committees on Appropria18 tions of the House and Senate on the implementation of

19 Tax Systems Modernization: Provided further, That in the

20 event that fee increases are charged and collected as a result

21 of amendments enacted after December 8, 1993 to section

22 13031 of the Comprehensive Omnibus Budget Reconcili23 ation Act of 1985, the amount appropriated shall be

24 $1,507,614,000.
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1 ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE

2 SERVICE

3 SECTION 1. Not to exceed 4 per centum of any appro4 priation made available to the Internal Revenue Service

5 for the current fiscal year by this Act may be transferred

6 to any other Internal Revenue Service appropriation upon

7 the advance approval of the House and Senate Committees

8 on Appropriations: Provided, That no funds shall be trans9 ferred from the ‘‘Tax law enforcement’’ account during fis10 cal year 1995.

11 SEC. 2. The Internal Revenue Service shall institute

12 and maintain a training program to insure that Internal

13 Revenue Service employees are trained in taxpayers’

14 rights, in dealing courteously with the taxpayers, and in

15 cross-cultural relations.

16 SEC. 3. The Secretary of the Treasury may establish

17 new fees or raise existing fees for services provided by the

18 Internal Revenue Service to increase receipts, where such

19 fees are authorized by another law. The Secretary of the

20 Treasury may spend the new or increased fee receipts to

21 supplement appropriations made available to the Internal

22 Revenue Service appropriations accounts in fiscal years

23 1995 and thereafter: Provided, That the Secretary shall pro24 vide quarterly reports to the Congress on the collection of

25 such fees and how they are being expended by the Service.
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1 UNITED STATES SECRET SERVICE

2 SALARIES AND EXPENSES

3 For necessary expenses of the United States Secret

4 Service, including purchase (not to exceed three hundred

5 and forty-three vehicles for police-type use for replacement

6 only) and hire of passenger motor vehicles; hire of aircraft;

7 training and assistance requested by State and local gov8 ernments, which may be provided without reimbursement;

9 services of expert witnesses at such rates as may be deter10 mined by the Director; rental of buildings in the District

11 of Columbia, and fencing, lighting, guard booths, and

12 other facilities on private or other property not in Govern13 ment ownership or control, as may be necessary to per14 form protective functions; for payment of per diem and/

15 or subsistence allowances to employees where a protective

16 assignment during the actual day or days of the visit of

17 a protectee require an employee to work 16 hours per day

18 or to remain overnight at his or her post of duty; the con19 ducting of and participating in firearms matches; presen20 tation of awards; and for travel of Secret Service employ21 ees on protective missions without regard to the limita22 tions on such expenditures in this or any other Act: Pro23 vided, That approval is obtained in advance from the

24 House and Senate Committees on Appropriations; for re25 pairs, alterations, and minor construction at the James
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1 J. Rowley Secret Service Training Center; for research

2 and development; for making grants to conduct behavioral

3 research in support of protective research and operations;

4 not to exceed $12,500 for official reception and represen5 tation expenses; not to exceed $50,000 to provide technical

6 assistance and equipment to foreign law enforcement orga7 nizations in counterfeit investigations; for payment in ad8 vance for commercial accommodations as may be nec9 essary to perform protective functions; and for uniforms

10 without regard to the general purchase price limitation for

11 the current fiscal year; $476,931,000: Provided further,

12 That of the offsetting collections credited to this account,

13 $43,000 are permanently canceled $474,988,000.

14 GENERAL PROVISIONS—DEPARTMENT OF THE

15 TREASURY

16 SECTION 101. Of the funds appropriated by this or

17 any other Act to the Internal Revenue Service, amounts

18 attributable to efficiency savings for fiscal year 1995 shall

19 be identified as such by the Commissioner during that fis20 cal year: Provided, That in the fiscal year when the sav21 ings are realized, the amount of efficiency savings shall

22 be non-recurred from the Internal Revenue Service budget

23 base: Provided further, That on an annual basis, the Inter24 nal Revenue Service shall report to the House and Senate

25 Appropriations Committees on the status of the program.
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1 SEC. 102. Any obligation or expenditure by the Sec2 retary in connection with law enforcement activities of a

3 Federal agency or a Department of the Treasury law en4 forcement organization in accordance with 31 U.S.C.

5 9703(g)(4)(B) from unobligated balances remaining in the

6 Fund on September 30, 1995, shall be made in compliance

7 with the reprogramming guidelines contained in the House

8 and Senate reports accompanying this Act.

9 SEC. 103. Appropriations to the Treasury Depart10 ment in this Act shall be available for uniforms or allow11 ances therefor, as authorized by law (5 U.S.C. 5901), in12 cluding maintenance, repairs, and cleaning; purchase of

13 insurance for official motor vehicles operated in foreign

14 countries; purchase of motor vehicles without regard to the

15 general purchase price limitation for vehicles purchased

16 and used overseas for the current fiscal year; entering into

17 contracts with the Department of State for the furnishing

18 of health and medical services to employees and their de19 pendents serving in foreign countries; and services author20 ized by 5 U.S.C. 3109.

21 SEC. 104. Not to exceed 2 per centum of any appro22 priations in this Act for the Department of the Treasury

23 may be transferred between such appropriations. Notwith24 standing any authority to transfer funds between appro25 priations contained in this or any other Act, no transfer
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1 may increase or decrease any appropriation in this Act by

2 more than 2 per centum and any such proposed transfers

3 shall be approved in advance by the Committees on Appro4 priations of the House and Senate.

5 SEC. 105. Notwithstanding any other provision of

6 law, beginning in fiscal year 1995 and thereafter, the Fi7 nancial Management Service (FMS) shall be reimbursed,

8 for postage incurred by FMS to make check payments on

9 their behalf, by: the Department of Veterans Affairs, for

10 the mailing of Compensation and Pension benefit pay11 ments; the Department of Health and Human Services,

12 for the mailing of Supplemental Security Income pay13 ments; and the Office of Personnel Management, for the

14 mailing of Retirement payments. Such reimbursement

15 shall be due beginning with checks mailed on October 1,

16 1994, and such reimbursement shall occur on a monthly

17 basis.

18 SEC. 106. (a) Of the budgetary resources available

19 to the Department of the Treasury during fiscal year

20 1995, $33,437,000 are permanently canceled.

21 (b) The Secretary of the Treasury shall allocate the

22 amount of budgetary resources canceled among the De23 partment’s accounts available for procurement and pro24 curement-related expenses. Amounts available for procure25 ment and procurement-related expenses in each such ac-
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1 count shall be reduced by the amount allocated to such

2 account.

3 (c) For the purposes of this section, the definition

4 of ‘‘procurement’’ includes all stages of the process of ac5 quiring property or services, beginning with the process

6 of determining a need for a product or services and ending

7 with contract completion and closeout, as specified in 41

8 U.S.C. 403(2).

9 SEC. 107. None of the funds appropriated by this

10 title shall be used in connection with the collection of any

11 underpayment of any tax imposed by the Internal Revenue

12 Code of 1986 unless the conduct of officers and employees

13 of the Internal Revenue Service in connection with such

14 collection complies with subsection (a) of section 805 (re15 lating to communications in connection with debt collec16 tion), and section 806 (relating to harassment or abuse),

17 of the Fair Debt Collection Practices Act (15 U.S.C.

18 1692).

19 SEC. 108. The Internal Revenue Service shall insti20 tute policies and procedures which will safeguard the con21 fidentiality of taxpayer information.

22 SEC. 109. The funds provided to the Bureau of Alco23 hol, Tobacco and Firearms for fiscal year 1995 in this

24 Act for the enforcement of the Federal Alcohol Adminis25 tration Act shall be expended in a manner so as not to
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1 diminish enforcement efforts with respect to section 105

2 of the Federal Alcohol Administration Act.

3 SEC. 110. (a) The Secretary of the Treasury shall im4 plement the plan announced by the Bureau of the Public

5 Debt on March 19, 1991, to consolidate such Bureau’s oper6 ations in Parkersburg, West Virginia.

7 (b) The consolidation referred to in subsection (a) shall

8 be completed by December 31, 1995, in accordance with the

9 plan of the Bureau of the Public Debt.

10 SEC. 111. Notwithstanding any other provision of law,

11 Customs personnel funded through reimbursement from the

12 Puerto Rico Trust Fund shall not be reduced as the result

13 of workforce reductions required under Executive Order or

14 other guidance to Executive branch agencies in fiscal year

15 1995 and hereafter.

16 SEC. 112. Subsection (a) of section 9703 of title 31,

17 United States Code, is amended—

18 (a) by redesignating subparagraphs (G) and (J)

19 of paragraph (2) as (I) and (J) of paragraph (1), re20 spectively; and

21 (b) by redesignating in paragraph (2) subpara22 graphs (H) and (I) as subparagraphs (G) and (H),

23 respectively.

24 This title may be cited as the ‘‘Treasury Department

25 Appropriations Act, 1995’’.
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1 TITLE II—POSTAL SERVICE

2 PAYMENTS TO THE POSTAL SERVICE

3 PAYMENT TO THE POSTAL SERVICE FUND

4 For payment to the Postal Service Fund for revenue

5 forgone on free and reduced rate mail, pursuant to sub6 sections (c) and (d) of section 2401 of title 39, United

7 States Code; $85,717,000 $102,317,000: Provided, That

8 mail for overseas voting and mail for the blind shall con9 tinue to be free: Provided further, That six-day delivery

10 and rural delivery of mail shall continue at not less than

11 the 1983 level: Provided further, That none of the funds

12 made available to the Postal Service by this Act shall be

13 used to implement any rule, regulation, or policy of charg14 ing any officer or employee of any State or local child sup15 port enforcement agency, or any individual participating

16 in a State or local program of child support enforcement,

17 a fee for information requested or provided concerning an

18 address of a postal customer: Provided further, That none

19 of the funds provided in this Act shall be used to consoli20 date or close small rural and other small post offices in

21 the fiscal year ending on September 30, 1995.

22 PAYMENT TO THE POSTAL SERVICE FUND FOR

23 NONFUNDED LIABILITIES

24 For payment to the Postal Service Fund for meeting

25 the liabilities of the former Post Office Department to the
25

HR 4539 RS

1 Employees’ Compensation Fund pursuant to 39 U.S.C.

2 2004, $37,776,000.

3 This title may be cited as the ‘‘Postal Service Appro4 priations Act, 1995’’.

5 TITLE III—EXECUTIVE OFFICE OF THE PRESI6 DENT AND FUNDS APPROPRIATED TO THE

7 PRESIDENT

8 COMPENSATION OF THE PRESIDENT

9 For compensation of the President, including an ex10 pense allowance at the rate of $50,000 per annum as au11 thorized by 3 U.S.C. 102; $250,000: Provided, That none

12 of the funds made available for official expenses shall be

13 expended for any other purpose and any unused amount

14 shall revert to the Treasury pursuant to section 1552 of

15 title 31 of the United States Code: Provided further, That

16 none of the funds made available for official expenses shall

17 be considered as taxable to the President.

18 THE WHITE HOUSE OFFICE

19 SALARIES AND EXPENSES

20 For necessary expenses for the White House as au21 thorized by law, including not to exceed $3,850,000 for

22 services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105;

23 including subsistence expenses as authorized by 3 U.S.C.

24 105, which shall be expended and accounted for as pro25 vided in that section; hire of passenger motor vehicles,
26

HR 4539 RS

1 newspapers, periodicals, teletype news service, and travel

2 (not to exceed $100,000 to be expended and accounted

3 for as provided by 3 U.S.C. 103); not to exceed $19,000

4 for official entertainment expenses, to be available for allo5 cation within the Executive Office of the President;

6 $38,754,000. $40,193,000.

7 EXECUTIVE RESIDENCE AT THE WHITE HOUSE

8 OPERATING EXPENSES

9 For the care, maintenance, repair and alteration, re10 furnishing, improvement, heating and lighting, including

11 electric power and fixtures, of the Executive Residence at

12 the White House and official entertainment expenses of

13 the President; $7,827,000, to be expended and accounted

14 for as provided by 3 U.S.C. 105, 109–110, 112–114.

15 OFFICIAL RESIDENCE OF THE VICE PRESIDENT

16 OPERATING EXPENSES

17 For the care, operation, refurnishing, improvement,

18 heating and lighting, including electric power and fixtures,

19 of the official residence of the Vice President, the hire of

20 passenger motor vehicles, and not to exceed $90,000 for

21 official entertainment expenses of the Vice President, to

22 be accounted for solely on his certificate; $324,000: Pro23 vided, That advances or repayments or transfers from this

24 appropriation may be made to any department or agency

25 for expenses of carrying out such activities.
27

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1 SPECIAL ASSISTANCE TO THE PRESIDENT

2 SALARIES AND EXPENSES

3 For necessary expenses to enable the Vice President

4 to provide assistance to the President in connection with

5 specially assigned functions, services as authorized by 5

6 U.S.C. 3109 and 3 U.S.C. 106, including subsistence ex7 penses as authorized by 3 U.S.C. 106, which shall be ex8 pended and accounted for as provided in that section; and

9 hire of passenger motor vehicles; $3,270,000 $3,280,000.

10 COUNCIL OF ECONOMIC ADVISERS

11 SALARIES AND EXPENSES

12 For necessary expenses of the Council in carrying out

13 its functions under the Employment Act of 1946 (15

14 U.S.C. 1021), including not to exceed $2,500 for official

15 reception and representation expenses; $3,420,000

16 $3,439,000.

17 OFFICE OF POLICY DEVELOPMENT

18 SALARIES AND EXPENSES

19 For necessary expenses of the Office of Policy Devel20 opment, including services as authorized by 5 U.S.C.

21 3109, and 3 U.S.C. 107; $5,058,000.
28

HR 4539 RS

1 NATIONAL SECURITY COUNCIL

2 SALARIES AND EXPENSES

3 For necessary expenses of the National Security

4 Council, including services as authorized by 5 U.S.C.

5 3109; $6,648,000 $8,222,000.

6 OFFICE OF ADMINISTRATION

7 SALARIES AND EXPENSES

8 For necessary expenses of the Office of Administra9 tion; $24,850,000 $26,217,000, including services as au10 thorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire

11 of passenger motor vehicles: Provided, That of the budg12 etary resources available in fiscal year 1995 in this ac13 count, $117,000 are permanently canceled: Provided fur14 ther, That amounts available for procurement and pro15 curement-related expenses in this account are reduced by

16 such amount: Provided further, That as used herein, ‘‘pro17 curement’’ includes all stages of the process of acquiring

18 property or services, beginning with the process of deter19 mining a need for a product or services and ending with

20 contract completion and closeout, as specified in 41 U.S.C.

21 403(2).

22 OFFICE OF MANAGEMENT AND BUDGET

23 SALARIES AND EXPENSES

24 For necessary expenses of the Office of Management

25 and Budget, including hire of passenger motor vehicles,
29

HR 4539 RS

1 services as authorized by 5 U.S.C. 3109; $56,272,000

2 $55,081,000, of which not to exceed $5,000,000, shall be

3 available to carry out the provisions of 44 U.S.C. chapter

4 35: Provided, That, as provided in 31 U.S.C. 1301(a), ap5 propriations shall be applied only to the objects for which

6 appropriations were made except as otherwise provided by

7 law: Provided further, That none of the funds appropriated

8 in this Act for the Office of Management and Budget may

9 be used for the purpose of reviewing any agricultural mar10 keting orders or any activities or regulations under the

11 provisions of the Agricultural Marketing Agreement Act

12 of 1937 (7 U.S.C. 601 et seq.): Provided further, That

13 none of the funds made available for the Office of Manage14 ment and Budget by this Act may be expended for the

15 altering of the transcript of actual testimony of witnesses,

16 except for testimony of officials of the Office of Manage17 ment and Budget, before the Committee on Appropria18 tions or the Committee on Veterans’ Affairs or their sub19 committees: Provided further, That this proviso shall not

20 apply to printed hearings released by the Committee on

21 Appropriations or the Committee on Veterans’ Affairs.

22 OFFICE OF NATIONAL DRUG CONTROL POLICY

23 SALARIES AND EXPENSES

24 For necessary expenses of the Office of National

25 Drug Control Policy; for research activities pursuant to
30

HR 4539 RS

1 title I of Public Law 100–690; not to exceed $8,000 for

2 official reception and representation expenses; for partici3 pation in joint projects or in the provision of services on

4 matters of mutual interest with nonprofit, research, or

5 public organizations or agencies, with or without reim6 bursement; $9,942,000: Provided, That the Office is au7 thorized to accept, hold, administer, and utilize gifts, both

8 real and personal, for the purpose of aiding or facilitating

9 the work of the Office.

10 UNANTICIPATED NEEDS

11 For expenses necessary to enable the President to

12 meet unanticipated needs, in furtherance of the national

13 interest, security, or defense which may arise at home or

14 abroad during the current fiscal year; $1,000,000.

15 FEDERAL DRUG CONTROL PROGRAMS

16 HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

17 (INCLUDING TRANSFER OF FUNDS)

18 For necessary expenses of the Office of National

19 Drug Control Policy’s High Intensity Drug Trafficking

20 Areas Program, $98,000,000, for drug control activities

21 consistent with the approved strategy for each of the des22 ignated High Intensity Drug Trafficking Areas, of which

23 no less than $55,000,000 shall be transferred to State and

24 local entities for drug control activities; and of which up

25 to $43,000,000 $55,000,000 may be transferred to Federal

26 agencies and departments at a rate to be determined by
31

HR 4539 RS

1 the Director: Provided, That an additional $12,000,000

2 shall be made available for drug control activities in Puerto

3 Rico and the U.S. Virgin Islands only if the Director of

4 the Office of National Drug Control Policy designates such

5 area as a High Intensity Drug Trafficking Area: Provided

6 further, That the funds made available under this head shall

7 be obligated within 90 days of the date of enactment of this

8 Act.

9 SPECIAL FORFEITURE FUND

10 (INCLUDING TRANSFER OF FUNDS)

11 For activities authorized by Public Law 100–690,

12 $14,800,000, which shall be derived from deposits in the

13 Special Forfeiture Fund; of which $1,800,000 shall be

14 transferred to the Drug Enforcement Administration for

15 the El Paso Intelligence Center, of which $8,000,000,

16 $52,500,000, which shall be derived from deposits in the

17 Special Forfeiture Fund; of which $20,000,000 shall be re18 tained by the Director of the Office of National Drug Con19 trol Policy for enhancing U.S. Customs Service air and ma20 rine interdiction activities should air and marine smug21 gling activity increase; of which $25,000,000 shall be trans22 ferred to the Substance Abuse and Mental Health Services

23 Administration, and of which $13,000,000 shall be avail24 able for drug treatment block grants to the States, and of

25 which $10,000,000 shall be available to the Center for Sub26 stance Abuse Treatment for the residential women and chil-
32

HR 4539 RS

1 dren’s program, and of which $2,000,000 shall be available

2 to the Center for Substance Abuse Treatment for a com3 prehensive outpatient program; of which $7,500,000, to re4 main available until expended, shall be transferred to the

5 Counter-Drug Technology Assessment Center for

6 counternarcotics research and development projects and

7 shall be available for transfer to other Federal depart8 ments or agencies.

9 This title may be cited as the ‘‘Executive Office Ap10 propriations Act, 1995’’.

11 TITLE IV—INDEPENDENT AGENCIES

12 ADVISORY COMMISSION ON INTERGOVERNMENTAL

13 RELATIONS

14 SALARIES AND EXPENSES

15 For expenses necessary to carry out the provisions of

16 the Advisory Commission on Intergovernmental Relations

17 Act of 1959, as amended (42 U.S.C. 4271–79); $1,000,000,

18 and additional amounts collected from the sale of publica19 tions shall be credited to and used for the purposes of this

20 appropriation.

21 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE

22 BLIND OR SEVERELY DISABLED

23 SALARIES AND EXPENSES

24 For necessary expenses of the Committee for Pur25 chase From People Who Are Blind or Severely Disabled
33

HR 4539 RS

1 established by the Act of June 23, 1971, Public Law 92–

2 28; $1,682,000.

3 FEDERAL ELECTION COMMISSION

4 SALARIES AND EXPENSES

5 For necessary expenses to carry out the provisions

6 of the Federal Election Campaign Act of 1971, as amend7 ed; $23,564,000 $27,106,000, of which not to exceed

8 $5,000 shall be available for reception and representation

9 expenses.

10 FEDERAL LABOR RELATIONS AUTHORITY

11 SALARIES AND EXPENSES

12 For necessary expenses to carry out functions of the

13 Federal Labor Relations Authority, pursuant to Reorga14 nization Plan Numbered 2 of 1978, and the Civil Service

15 Reform Act of 1978, including services as authorized by

16 5 U.S.C. 3109, including hire of experts and consultants,

17 hire of passenger motor vehicles, rental of conference

18 rooms in the District of Columbia and elsewhere;

19 $21,341,000 $21,540,000: Provided, That public members

20 of the Federal Service Impasses Panel may be paid travel

21 expenses and per diem in lieu of subsistence as authorized

22 by law (5 U.S.C. 5703) for persons employed intermit23 tently in the Government service, and compensation as au24 thorized by 5 U.S.C. 3109: Provided further, That not25 withstanding 31 U.S.C. 3302, funds received from fees
34

HR 4539 RS

1 charged to non-Federal participants at labor-management

2 relations conferences shall be credited to and merged with

3 this account, to be available without further appropriation

4 for the costs of carrying out these conferences.

5 GENERAL SERVICES ADMINISTRATION

6 FEDERAL BUILDINGS FUND

7 LIMITATIONS ON AVAILABILITY OF REVENUE

8 For additional expenses necessary to carry out the

9 purpose of the Fund established pursuant to section

10 210(f) of the Federal Property and Administrative Serv11 ices Act of 1949, as amended (40 U.S.C. 490(f)),

12 $361,615,000 $500,000,000, to be deposited into said

13 Fund. The revenues and collections deposited into the

14 Fund shall be available for necessary expenses of real

15 property management and related activities not otherwise

16 provided for, including operation, maintenance, and pro17 tection of Federally owned and leased buildings; rental of

18 buildings in the District of Columbia; restoration of leased

19 premises; moving governmental agencies (including space

20 adjustments and telecommunications relocation expenses)

21 in connection with the assignment, allocation and transfer

22 of space; contractual services incident to cleaning or serv23 icing buildings, and moving; repair and alteration of feder24 ally owned buildings including grounds, approaches and

25 appurtenances; care and safeguarding of sites; mainte-
35

HR 4539 RS

1 nance, preservation, demolition, and equipment; acquisi2 tion of buildings and sites by purchase, condemnation, or

3 as otherwise authorized by law; acquisition of options to

4 purchase buildings and sites; conversion and extension of

5 Federally owned buildings; preliminary planning and de6 sign of projects by contract or otherwise; construction of

7 new buildings (including equipment for such buildings);

8 and payment of principal, interest, taxes, and any other

9 obligations for public buildings acquired by installment

10 purchase and purchase contract, in the aggregate amount

11 of $4,973,825,520 $5,057,841,000, of which (1) not to ex12 ceed $502,709,520 $721,129,000 shall remain available

13 until expended for construction of additional projects at

14 locations and at maximum construction improvement costs

15 (including funds for sites and expenses and associated de16 sign and construction services) as follows:

17 New Construction:

18 Alabama:

19 Montgomery, Courthouse Annex, $40,547,000

20 Arizona:

21 Tucson, Courthouse, $11,506,540

22 California:

23 Santa Ana, Courthouse, $25,193,000

24 Colorado:
36

HR 4539 RS

1 Lakewood, U.S. Geological Survey Laboratory/

2 Building, $25,802,000

3 Florida:

4 Jacksonville, Courthouse, $4,600,000

5 Orlando, Courthouse Annex, $7,260,560

6 Georgia:

7 Albany, Courthouse, $5,640,000

8 Savannah, Courthouse Annex, $5,261,180

9 Kentucky:

10 Covington, Courthouse, $2,914,000

11 London, Courthouse, $1,522,800

12 Louisiana:

13 Lafayette, Courthouse, $5,041,220

14 Montana:

15 Babb, Border Station, $333,000

16 Missouri:

17 Kansas City, Federal Building-Courthouse,

18 $84,895,000

19 St. Louis, Courthouse, $176,863,000

20 North Dakota:

21 Pembina, Border Station, $11,113,000

22 Ohio:

23 Cleveland, Courthouse, $28,245,120

24 Steubenville, Courthouse, $2,820,000

25 Pennyslvania:
37

HR 4539 RS

1 Erie, Courts Complex, $3,134,900

2 Tennessee:

3 Greeneville, Courthouse, $2,935,620

4 Texas:

5 Austin, VA Annex, $1,430,000

6 Brownsville, Federal Building-Courthouse,

7 $5,979,340

8 Corpus Christi, Courthouse, $6,445,580

9 Laredo, Courthouse, $24,341,000

10 Virginia:

11 Charlottesville, U.S. Army Foreign Science &

12 Technology Center, $4,178,000

13 Washington:

14 Blaine, Border Station, $4,472,000

15 Oroville, Border Station, $1,483,000

16 Point Roberts, Border Station, $698,000

17 West Virginia:

18 Martinsburg, IRS Computer Center,

19 $7,547,000

20 Alabama:

21 Montgomery, U.S. Courthouse Annex,

22 $40,547,000

23 Arizona:

24 Tucson, Federal Building and U.S. Courthouse,

25 $98,625,000: Provided, That construction funds shall
38

HR 4539 RS

1 only be obligated upon the approval of the House

2 Committee on Public Works and Transportation and

3 the Senate Committee on Environment and Public

4 Works

5 California:

6 Santa Ana, Federal Building and U.S. Court7 house, $25,193,000

8 Colorado:

9 Lakewood, Denver Federal Center, U.S. Geologi10 cal Survey Lab Building, $25,802,000

11 Florida:

12 Jacksonville, U.S. Courthouse, $4,666,000: Pro13 vided, That such funds shall only be obligated upon

14 the approval of the House Committee on Public Works

15 and Transportation and the Senate Committee on

16 Environment and Public Works

17 Orlando, U.S. Courthouse Annex, $7,724,000

18 Georgia:

19 Savannah, U.S. Courthouse Annex, $5,597,000

20 Hawaii:

21 Consolidation, University of Hawaii-Hilo,

22 $12,000,000: Provided, That such funds shall only be

23 obligated upon the approval of the House Committee

24 on Public Works and Transportation and the Senate

25 Committee on Environment and Public Works
39

HR 4539 RS

1 Kentucky:

2 Covington, U.S. Courthouse, $3,108,000: Pro3 vided, That such funds shall only be obligated upon

4 the approval of the House Committee on Public Works

5 and Transportation and the Senate Committee on

6 Environment and Public Works

7 London, U.S. Courthouse, $1,620,000: Provided,

8 That such funds shall only be obligated upon the ap9 proval of the House Committee on Public Works and

10 Transportation and the Senate Committee on Envi11 ronment and Public Works

12 Louisiana:

13 Lafayette, U.S. Courthouse, $5,363,000

14 Maryland:

15 Beltsville, U.S. Secret Service, training adminis16 tration building, $2,400,000: Provided, That such

17 funds shall only be obligated upon the approval of the

18 House Committee on Public Works and Transpor19 tation and the Senate Committee on Environment

20 and Public Works

21 Montgomery and Prince Georges Counties, Food

22 and Drug Administration consolidation, $50,000,000

23 Missouri:

24 Kansas City, Federal Building and U.S. Court25 house, $84,895,000
40

HR 4539 RS

1 St. Louis, Federal Building and U.S. Court2 house, $176,863,000

3 Montana:

4 Babb, New Piegan Border Station, $333,000

5 New Mexico:

6 Albuquerque, U.S. Courthouse, $49,300,000: Pro7 vided, That such funds shall only be obligated upon

8 the approval of the House Committee on Public Works

9 and Transportation and the Senate Committee on

10 Environment and Public Works

11 New York:

12 Long Island, U.S. Courthouse, $30,000,000: Pro13 vided, That such funds shall only be obligated upon

14 the approval of the House Committee on Public Works

15 and Transportation and the Senate Committee on

16 Environment and Public Works

17 Nevada:

18 Las Vegas, U.S. Courthouse, $4,500,000: Pro19 vided, That such funds shall only be obligated upon

20 the approval of the House Committee on Public Works

21 and Transportation and the Senate Committee on

22 Environment and Public Works

23 North Dakota:

24 Pembina, Border Station, $11,113,000

25 Ohio:
41

HR 4539 RS

1 Cleveland, U.S. Courthouse, $30,048,000

2 Pennsylvania:

3 Erie, Federal Complex, $3,335,000

4 Tennessee:

5 Greeneville, U.S. Courthouse, $3,234,000: Pro6 vided, That such funds shall only be obligated upon

7 the approval of the House Committee on Public Works

8 and Transportation and the Senate Committee on

9 Environment and Public Works

10 Texas:

11 Austin, Veterans Affairs Annex, $1,430,000

12 Brownsville, Federal Building and U.S. Court13 house, $6,361,000

14 El Paso, Federal Office Building, Claim,

15 $327,000

16 Laredo, Federal Building and U.S. Courthouse,

17 $24,341,000

18 Virginia:

19 Charlottesville, U.S. Army Foreign Service Tech20 nology Center, $4,178,000

21 Washington:

22 Blaine, Border Station, $4,472,000

23 Oroville, Border Station, $1,483,000

24 Point Roberts, Border Station, $698,000

25 West Virginia:
42

HR 4539 RS

1 Martinsburg, IRS Computer Center, $7,547,000

2 Non-prospectus construction projects, $126,000: Pro3 vided, That each of the immediately foregoing limits of

4 costs on new construction projects may be exceeded to the

5 extent that savings are effected in other such projects, but

6 not to exceed 10 per centum unless advanced approval is

7 obtained from the Committees on Appropriations of the

8 House and Senate of a greater amount: Provided further,

9 That all funds for direct construction projects shall expire

10 on September 30, 1996, and remain in the Federal Build11 ings Fund except funds for projects as to which funds for

12 design or other funds have been obligated in whole or in

13 part prior to such date: Provided further, That claims

14 against the Government of less than $250,000 arising

15 from direct construction projects, acquisitions of buildings

16 and purchase contract projects pursuant to Public Law

17 92–313, be liquidated with prior notification to the Com18 mittees on Appropriations of the House and Senate to the

19 extent savings are effected in other such projects; (2) not

20 to exceed $815,268,000 $714,556,000, which shall remain

21 available until expended, for repairs and alterations which,

22 beginning with fiscal year 1995 and in subsequent fiscal

23 years, includes associated design and construction serv24 ices: Provided further, That funds in the Federal Buildings

25 Fund for Repairs and Alterations shall, for prospectus
43

HR 4539 RS

1 projects, be limited to the amount by project as follows,

2 except each project may be increased by an amount not

3 to exceed 10 per centum unless advance approval is ob4 tained from the Committees on Appropriations of the

5 House and Senate of a greater amount:

6 Repairs and Alterations:

7 California:

8 Los Angeles, U.S. Courthouse, $24,910,000

9 Menlo Park, USGS Building 3, $7,631,000

10 Sacramento, Federal Building, $16,574,000

11 San Pedro, Custom House, $5,429,000

12 Colorado:

13 Denver, Federal Building and Custom House,

14 $8,896,000

15 District of Columbia:

16 Ariel Rios-Facades, $3,946,000

17 Customs/ICC/Connecting Wing Complex (phase

18 1), $9,662,000

19 National Courts, $4,588,000

20 Illinois:

21 Chicago, Federal Center, $52,982,000

22 Maryland:

23 Baltimore, George H. Fallon Federal Building

24 (phase 3), $17,179,000
44

HR 4539 RS

1 Woodlawn, SSA East High-Low Rise Buildings,

2 $19,212,000

3 New Jersey:

4 Trenton, Clarkson S. Fisher Courthouse,

5 $15,675,000

6 New York:

7 Holtsville, IRS Service Center, $21,313,000

8 New York, Jacob K. Javits Federal Building,

9 $2,891,000

10 New York, Silvio V. Mollo Federal Building,

11 $963,000

12 North Carolina:

13 Asheville, Federal Building and U.S. Court14 house, $7,052,000

15 Ohio:

16 Cleveland, Anthony J. Celebreeze Federal

17 Building, $12,192,000

18 Oklahoma:

19 Oklahoma City, Alfred P. Murrah Federal

20 Building, $5,878,000

21 Pennsylvania:

22 Harrisburg, Federal Building and U.S. Court23 house, $16,903,000

24 Philadelphia, Byrne-Green Complex,

25 $34,028,000
45

HR 4539 RS

1 Philadelphia, R.N.C. Nix, Sr., Federal Building

2 and U.S. Courthouse (phase 3), $14,730,000

3 Rhode Island:

4 Providence, Kennedy Plaza Federal Courthouse,

5 $8,600,000

6 Texas:

7 Lubbock, Federal Building and U.S. Court8 house, $13,517,000

9 Virginia:

10 Richmond, U.S. Courthouse and Annex,

11 $13,899,000

12 Washington:

13 Walla Walla, Corps of Engineers Building,

14 $2,827,000

15 Nationwide:

16 Chlorofluorocarbons Program, $100,135,000

17 Energy Program, $50,803,000

18 Advance Design:

19 $21,685,000

20 Minor Repairs and Alternations, $301,168,000

21 California:–

22 Los Angeles, U.S. Courthouse, $22,420,000–

23 Menlo Park, USGS Building #3, $6,868,000–

24 Sacramento, Federal Building, $14,914,000–

25 San Pedro, Custom House, $4,887,000
46

HR 4539 RS

1 Colorado:–

2 Denver, Federal Building and Custom House,

3 $8,006,000

4 District of Columbia:–

5 Ariel-Rios Facades, $3,551,000

6 Customs/ICC/Connecting Wing Complex (phase

7 I), $8,696,000–

8 National Courts, $4,129,000

9 Illinois:–

10 Chicago, Federal Center, $47,682,000

11 Maryland:–

12 Baltimore, George H. Fallon Federal Building

13 (phase 3), $15,459,000–

14 Woodlawn, SSA East High-Low Rise Buildings,

15 $17,292,000

16 New Jersey:–

17 Trenton, Clarkson S. Fisher Courthouse,

18 $14,107,000

19 New York:–

20 Holtsville, IRS Service Center, $19,183,000–

21 New York City, Jacob K. Javits Federal Build22 ing, $2,602,000–

23 New York City, Silvio V. Mollo Federal Build24 ing, $953,000

25 North Carolina:–
47

HR 4539 RS

1 Asheville, Federal Building and U.S. Courthouse,

2 $6,347,000

3 Ohio:–

4 Cleveland, Anthony J. Celebreeze Federal Build5 ing, $10,972,000

6 Oklahoma:–

7 Oklahoma City, Alfred P. Murrah Federal

8 Building, $5,290,000

9 Pennsylvania:–

10 Harrisburg, Federal Building and Courthouse,

11 $15,213,000–

12 Philadelphia, Byrne-Green Complex,

13 $30,628,000–

14 Philadelphia, R.N.C. Nix, Sr. Federal Building

15 and U.S. Courthouse (phase 3), $13,257,000

16 Texas:–

17 Lubbock, Federal Building and U.S. Courthouse,

18 $12,167,000

19 Virginia:–

20 Richmond, U.S. Courthouse and Annex,

21 $12,509,000

22 Washington:–

23 Walla Walla, Corps of Engineers, demolition,

24 $2,800,000: Provided, That such funds shall only be

25 obligated upon the approval of the House Committee
48

HR 4539 RS

1 on Public Works and Transportation and the Senate

2 Committee on Environment and Public Works

3 Nationwide:–

4 Chlorofluorocarbons Program, $90,035,000–

5 Energy Program, $45,723,000

6 Advance Design, $19,515,000

7 Minor Repairs and Alterations, $259,351,000

8 Provided further, That additional projects for which

9 prospectuses have been fully approved may be funded

10 under this category only if advance approval is obtained

11 from the Committees on Appropriations of the House and

12 Senate: Provided further, That the difference between the

13 funds appropriated and expended on any projects in this

14 or any prior Act, under the heading ‘‘Repairs and Alter15 ations’’, may be transferred to Minor Repairs and Alter16 ations or used to fund authorized increases in prospectus

17 projects: Provided further, That all funds for repairs and

18 alterations prospectus projects shall expire on September

19 30, 1996, and remain in the Federal Buildings Fund ex20 cept funds for projects as to which funds for design or

21 other funds have been obligated in whole or in part prior

22 to such date: Provided further, That the amount provided

23 in this or any prior Act for Minor Repairs and Alterations

24 may be used to pay claims against the Government arising

25 from any projects under the heading ‘‘Repairs and Alter-
49

HR 4539 RS

1 ations’’ or used to fund authorized increases in prospectus

2 projects; (3) not to exceed $127,531,000 for installment

3 acquisition payments including payments on purchase con4 tracts which shall remain available until expended; (4) not

5 to exceed $2,204,628,000 $2,173,000,000 for rental of

6 space which shall remain available until expended and (5)

7 not to exceed $1,323,689,000 $1,309,525,000 for building

8 operations which shall remain available until expended of

9 which $3,400,000 shall be available for essential func10 tional requirements for primary structural, electrical, and

11 security systems of the Bureau of Census, New Computer

12 Center: Provided further, That of the funds available to

13 the General Services Administration for the Albany, Geor14 gia, Courthouse; Stuebenville, Ohio, Courthouse; Corpus

15 Christi, Texas, Courthouse; Providence, Rhode Island,

16 Kennedy Plaza Federal Courthouse; and the Walla Walla,

17 Washington, Corps of Engineers Building, shall not be

18 available for expenses in connection with any construction,

19 repair, alteration, and acquisition project for which a pro20 spectus, if required by the Public Buildings Act of 1959,

21 as amended, has not been approved, except that necessary

22 funds may be expended for each project for required ex23 penses in connection with the development of a proposed

24 prospectus: Provided further, That for the purposes of this

25 authorization, buildings constructed pursuant to the pur-
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1 chase contract authority of the Public Buildings Amend2 ments of 1972 (40 U.S.C. 602a), buildings occupied pur3 suant to installment purchase contracts, and buildings

4 under the control of another department or agency where

5 alterations of such buildings are required in connection

6 with the moving of such other department or agency from

7 buildings then, or thereafter to be, under the control of

8 the General Services Administration shall be considered

9 to be federally owned buildings:–Provided further, That

10 none of the funds available to the General Services Admin11 istration, except for the line-item construction and repairs

12 and alterations projects in this Act shall be available for

13 expenses in connection with any construction, repair and

14 alteration, and acquisition project for which a prospectus,

15 if required by the Public Buildings Act of 1959, as amend16 ed, has not been approved, except that necessary funds

17 may be expended for each project for required expenses

18 in connection with the development of a proposed prospec19 tus: Provided further, That funds available in the Federal

20 Buildings Fund may be expended for emergency repairs

21 when advance approval is obtained from the Committees

22 on Appropriations of the House and Senate: Provided fur23 ther, That amounts necessary to provide reimbursable spe24 cial services to other agencies under section 210(f)(6) of

25 the Federal Property and Administrative Services Act of
51

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1 1949, as amended (40 U.S.C. 490(f)(6)) and amounts to

2 provide such reimbursable fencing, lighting, guard booths,

3 and other facilities on private or other property not in

4 Government ownership or control as may be appropriate

5 to enable the United States Secret Service to perform its

6 protective functions pursuant to 18 U.S.C. 3056, as

7 amended, shall be available from such revenues and collec8 tions: Provided further, That revenues and collections and

9 any other sums accruing to this Fund during fiscal year

10 1995, excluding reimbursements under section 210(f)(6)

11 of the Federal Property and Administrative Services Act

12 of 1949 (40 U.S.C. 490(f)(6)) in excess of $4,973,825,520

13 $5,057,841,000 shall remain in the Fund and shall not be

14 available for expenditure except as authorized in appro15 priations Acts.

16 FEDERAL BUILDINGS FUND

17 LIMITATIONS ON AVAILABILITY OF REVENUE

18 (RESCISSION)

19 Of the funds made available under this heading for

20 new construction in Public Law 103–123, the Independent

21 Agencies Appropriations Act, 1994, $4,900,000 are re22 scinded for the following projects in the following

23 amounts:

24 Iowa:

25 Burlington, Federal Parking Facility,

26 $2,400,000
52

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1 Indiana:

2 Hammond, U.S. Courthouse, $2,500,000.

3 Of the funds made available under this heading for

4 new construction in Public Law 102–393, the Independent

5 Agencies Appropriations Act, 1993, $24,295,000 are re6 scinded for the following projects in the following

7 amounts:

8 District of Columbia:

9 United States Secret Service, Headquarters,

10 $13,958,000

11 White House Remote Delivery and Vehicle

12 Maintenance Facilities, $4,918,000

13 Federal Bureau of Investigation, Field Office,

14 $4,419,000

15 Florida:

16 Hollywood, Federal Building, $1,000,000.

17 Of the funds made available under this heading for

18 new construction in Public Law 101–509, the Independent

19 Agencies Appropriations Act, 1991, $30,100,000 are re20 scinded for the following project in the following amount:

21 Maryland:

22 Prince George’s County, Internal Revenue Serv23 ice, Headquarters, $30,100,000.

24 Of the funds made available under this heading for

25 new construction in Public Law 100–440, the Independent
53

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1 Agencies Appropriations Act, 1989, $4,400,000 is re2 scinded for the following project in the following amount:

3 Florida:

4 Lakeland, Federal Building, $4,400,000.

5 Of the funds made available under this heading for

6 repairs and alterations in Public Law 103–123, the Inde7 pendent Agencies Appropriations Act, 1994, $4,715,000

8 are rescinded for the following projects in the following

9 amounts:

10 Arizona:

11 Lukeville, Commercial Lot Expansion,

12 $1,219,000

13 San Luis, Primary lane expansion and adminis14 trative office space, $3,496,000.

15 Of the funds made available under this heading for

16 repairs and alterations in Public Law 101–509, the Inde17 pendent Agencies Appropriations Act, 1991, $7,707,000

18 are rescinded for the following projects in the following

19 amounts:

20 New Mexico:

21 Santa Teresa, New Border Station, $6,000,000

22 Texas:

23 Del Rio, Border Station, $1,707,000.

24 Of the funds made available under this heading for

25 repairs and alterations in Public Law 101–136, the Inde-
54

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1 pendent Agencies Appropriations Act, 1990, $2,088,000

2 are rescinded for the following project in the following

3 amount:

4 New Mexico:

5 Santa Teresa, New Border Station, $2,088,000.

6 Of the funds made available under this heading in

7 Public Law 101–136, Public Law 101–509, Public Law

8 102–141, Public Law 102–393; and Public Law 103–123,

9 $88,658,000 are rescinded from the following projects in the

10 following amounts:

11 California:

12 Menlo Park, U.S. Geological Survey Office and

13 Laboratory Buildings, $783,000

14 Sacramento, U.S. Courthouse and Federal

15 Building, $3,391,000

16 District of Columbia:

17 Federal Office Building No. 6, $8,583,000

18 Federal Bureau of Investigation, Field office,

19 $5,679,000

20 White House remote delivery and vehicle mainte21 nance facility, $4,152,000

22 Florida:

23 Fort Myers, U.S. Courthouse, $654,000

24 Hollywood, Federal Building, $1,000,000

25 Lakeland, Federal Building, $4,400,000
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1 Tampa, U.S. Courthouse, $7,511,000

2 Indiana:

3 Hammond, U.S. Courthouse, $5,223,000

4 Iowa:

5 Burlington, Parking Facility, $2,400,000

6 Maryland:

7 Bowie, Bureau of Census, Computer Center,

8 $660,000

9 New Carrollton, Internal Revenue Service, Head10 quarters, $30,100,000

11 Minnesota:

12 Minneapolis, Federal Building and U.S. Court13 house, $4,197,000

14 New Hampshire:

15 Concord, U.S. Courthouse, $867,000

16 New Jersey:

17 Newark, Federal Building, 20 Washington Plaza,

18 $327,000

19 North Dakota:

20 Fargo, U.S. Courthouse, $4,471,000

21 Pennsylvania:

22 Philadelphia, Veterans Affairs Federal Building,

23 $1,276,000

24 Tennessee:

25 Knoxville, U.S. Courthouse, $800,000
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1 United States Virgin Islands:

2 Charlotte Amalie, St. Thomas, U.S. Courthouse

3 and Annex, $2,184,000.

4 OPERATING EXPENSES

5 For expenses authorized by law, not otherwise pro6 vided for, necessary for asset management activities; utili7 zation of excess and disposal of surplus personal property;

8 transportation management activities; procurement and

9 supply management activities; Government-wide and in10 ternal responsibilities relating to automated data manage11 ment, telecommunications, information resources manage12 ment, and related activities; the Information Security

13 Oversight Office established pursuant to Executive Order

14 No. 12356; the utilization survey, deed compliance inspec15 tion, appraisal, environmental and cultural analysis, and

16 land use planning functions pertaining to excess and sur17 plus real property; agency-wide policy direction; Board of

18 Contract Appeals; accounting, records management, and

19 other support services incident to adjudication of Indian

20 Tribal Claims by the United States Court of Federal

21 Claims; services as authorized by 5 U.S.C. 3109; and not

22 to exceed $5,000 for official reception and representation

23 expenses; $123,020,000: Provided, That of the offsetting

24 collections credited to this account, $172,000 are perma25 nently canceled $130,036,000: Provided, That not less than

26 $825,000 shall be available for personnel and associated
57

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1 costs in support of Congressional District and Senate State

2 offices without reimbursement from these offices.

3 OFFICE OF INSPECTOR GENERAL

4 For necessary expenses of the Office of Inspector

5 General and services authorized by 5 U.S.C. 3109,

6 $33,090,000: Provided, That not to exceed $5,000 shall

7 be available for payment for information and detection of

8 fraud against the Government, including payment for re9 covery of stolen Government property: Provided further,

10 That not to exceed $2,500 shall be available for awards

11 to employees of other Federal agencies and private citizens

12 in recognition of efforts and initiatives resulting in en13 hanced Office of Inspector General effectiveness.

14 ALLOWANCES AND OFFICE STAFF FOR FORMER

15 PRESIDENTS

16 For carrying out the provisions of the Act of August

17 25, 1958, as amended (3 U.S.C. 102 note), and Public

18 Law 95–138; $2,215,000: Provided, That the Adminis19 trator of General Services shall transfer to the Secretary

20 of the Treasury such sums as may be necessary to carry

21 out the provisions of such Acts.

22 EXPENSES OF TRANSPORTATION AUDIT CONTRACTS AND

23 CONTRACT ADMINISTRATION

24 Amounts otherwise available for obligation in fiscal

25 year 1995 are reduced by $30,000.
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1 GENERAL SUPPLY FUND

2 Of the offsetting collections credited to this account,

3 $1,009,000 are permanently canceled.

4 INFORMATION RESOURCES MANAGEMENT SERVICE

5 INFORMATION TECHNOLOGY FUND

6 Of the offsetting collections credited to this account,

7 $609,000 are permanently canceled.

8 WORKING CAPITAL FUND

9 Amounts received for administrative support services

10 provided under this head shall be credited to and merged

11 with the Fund, to remain available until expended, for op12 erating costs and capital outlays of the Fund and for the

13 necessary expenses of administrative support services in14 cluding accounting, budget, personnel, legal support and

15 other related services; and the maintenance and operation

16 of printing and reproduction facilities in support of the

17 functions of the General Services Administration, other

18 Federal agencies, and other entities; and other such ad19 ministrative and management services that the Adminis20 trator of GSA deems appropriate and advantageous (sub21 ject to prior notice to the Office of Management and

22 Budget): Provided, That entities for which such services

23 are performed shall be charged at rates which will return

24 in full the cost of operations.
59

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1 GENERAL SERVICES ADMINISTRATION—GENERAL

2 PROVISIONS

3 SECTION 1. The appropriate appropriation or fund

4 available to the General Services Administration shall be

5 credited with the cost of operation, protection, mainte6 nance, upkeep, repair, and improvement, included as part

7 of rentals received from Government corporations pursu8 ant to law (40 U.S.C. 129).

9 SEC. 2. Funds available to the General Services Ad10 ministration shall be available for the hire of passenger

11 motor vehicles.

12 SEC. 3. Not to exceed 2 per centum of funds made

13 available in appropriations for operating expenses and sal14 aries and expenses, during the current fiscal year, may

15 be transferred between such appropriations for mandatory

16 program requirements. Any proposed transfers shall be

17 approved in advance by the Committees on Appropriations

18 of the House and Senate.

19 SEC. 4. Funds in the Federal Buildings Fund made

20 available for fiscal year 1995 for Federal Buildings Fund

21 activities may be transferred between such activities only

22 to the extent necessary to meet program requirements.

23 Any proposed transfers shall be approved in advance by

24 the Committees on Appropriations of the House and Sen25 ate.
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1 SEC. 5. (a) Of the budgetary resources available to

2 the General Services Administration during fiscal year

3 1995, $8,959,000 are permanently canceled.

4 (b) The Administrator of the General Services Ad5 ministration shall allocate the amount of budgetary re6 sources canceled among the agency’s accounts available

7 for procurement and procurement-related expenses.

8 Amounts available for procurement and procurement-re9 lated expenses in each such account shall be reduced by

10 the amount allocated to such account.

11 (c) For the purposes of this section, the definition

12 of ‘‘procurement’’ includes all stages of the process of ac13 quiring property or services, beginning with the process

14 of determining a need for a product or services and ending

15 with contract completion and closeout, as specified in 41

16 U.S.C. 403(2).

17 SEC. 6. Rent rates charged by the General Services

18 Administration for fiscal year 1995 shall reflect the reduc19 tions contained in the President’s budget amendment

20 dated March 16, 1994, Estimate No. 9, 103rd Congress,

21 2nd Session.

22 SEC. 7. None of the funds appropriated by this Act

23 may be obligated or expended in any way for the purpose

24 of the sale, excessing, surplusing, or disposal of lands in

25 the vicinity of Norfolk Lake, Arkansas, administered by
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1 the Corps of Engineers, Department of the Army, without

2 the specific approval of the Congress.

3 SEC. 8. None of the funds appropriated by this Act

4 may be obligated or expended in any way for the purpose

5 of the sale, excessing, surplusing, or disposal of lands in

6 the vicinity of Bull Shoals Lake, Arkansas, administered

7 by the Corps of Engineers, Department of the Army, with8 out the specific approval of the Congress.

9 SEC. 9. No funds made available by this Act shall

10 be used to transmit a fiscal year 1996 request for United

11 States Courthouse construction that does not meet the

12 standards for construction as established by the General

13 Services Administration and the Office of Management

14 and Budget.

15 SEC. 10. The Administrator of the General Services

16 Administration is directed to obligate the funds appro17 priated in Public Law 103–123 for the purposes stated

18 in section 804 of that Act.

19 SEC. 11. The Administrator of General Services is au20 thorized hereafter to accept and retain any sponsor refunds,

21 rebates, volume discount payments, lump sum payments,

22 and other similar payments from contractors or other ven23 dors paid on or after October 1, 1993 which are related

24 to personal property or services provided or to be provided

25 through the General Supply Fund established under section
62

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1 109 of the Federal Property and Administrative Services

2 Act of 1949, as amended. Such payments are available for

3 the life of the program activity which generated the pay4 ment. Such payments are to be used to fund the direct and

5 indirect costs of providing personal property and

6 nonpersonal services related to that program activity.

7 MERIT SYSTEMS PROTECTION BOARD

8 SALARIES AND EXPENSES

9 (INCLUDING TRANSFER OF FUNDS)

10 For necessary expenses to carry out functions of the

11 Merit Systems Protection Board pursuant to Reorganiza12 tion Plan Numbered 2 of 1978 and the Civil Service Re13 form Act of 1978, including services as authorized by 5

14 U.S.C. 3109, rental of conference rooms in the District

15 of Columbia and elsewhere, hire of passenger motor vehi16 cles, and direct procurement of survey printing,

17 $24,549,000, together with not to exceed $2,420,000

18 $1,989,000 for administrative expenses to adjudicate re19 tirement appeals to be transferred from the Civil Service

20 Retirement and Disability Fund in amounts determined

21 by the Merit Systems Protection Board.
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1 MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN

2 NATIONAL ENVIRONMENTAL POLICY FOUNDATION

3 FEDERAL PAYMENT TO MORRIS K. UDALL SCHOLARSHIP

4 AND EXCELLENCE IN NATIONAL ENVIRONMENTAL POL5 ICY FOUNDATION

6 For payment by the Secretary of the Treasury to the

7 Morris K. Udall Scholarship and Excellence in National

8 Environmental Trust Fund, to be available for purposes as

9 authorized by the Morris K. Udall Scholarship and Excel10 lence in National Environmental and Native American

11 Public Policy Act of 1992 (Public Law 102–259),

12 $10,000,000, to remain available until expended.

13 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

14 OPERATING EXPENSES

15 For necessary expenses in connection with National

16 Archives and Records Administration and related activi17 ties, as provided by law, and for expenses necessary for

18 the review and declassification of documents, and for the

19 hire of passenger motor vehicles, $194,638,000

20 $199,697,000, of which $5,000,000 for allocations and

21 grants for historical publications and records as authorized

22 by 44 U.S.C. 2504, as amended, shall remain available

23 until expended: Provided, That the Archivist of the United

24 States is authorized to use any excess funds available from

25 the amount borrowed for construction of the National Ar-
64

HR 4539 RS

1 chives facility, for expenses necessary to move into the fa2 cility: Provided further, That of the budgetary resources

3 available in fiscal year 1995 in this account, $325,000 are

4 permanently canceled: Provided further, That amounts

5 available for procurement and procurement-related ex6 penses in this account are reduced by such amount: Pro7 vided further, That as used herein, ‘‘procurement’’ in8 cludes all stages of the process of acquiring property or

9 services, beginning with the process of determining a need

10 for a product or services and ending with contract comple11 tion and closeout, as specified in 41 U.S.C. 403(2):–Pro12 vided further, That of the offsetting collections credited

13 to this account, $441,000 are permanently canceled.

14 NATIONAL HISTORICAL PUBLICATIONS AND RECORDS

15 COMMISSION

16 For necessary expenses for allocations and grants for

17 historical publications and records as authorized by 44

18 U.S.C. 2504, as amended, $7,000,000 to remain available

19 until expended: Provided, That $2,000,000 shall be a

20 grant to the Thomas P. O’Neill, Jr. Library.

21 JOHN F. KENNEDY ASSASSINATION RECORDS REVIEW

22 BOARD

23 SALARIES AND EXPENSES

24 For expenses necessary to carry out the John F. Ken25 nedy Assassination Records Collection Act of 1992,

26 $2,418,000, to remain available until expended.
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1 NATIONAL ARCHIVES TRUST FUND

2 Amounts otherwise available for obligation in fiscal year

3 1995 are reduced by $16,000.

4 OFFICE OF GOVERNMENT ETHICS

5 SALARIES AND EXPENSES

6 For necessary expenses to carry out functions of the

7 Office of Government Ethics pursuant to the Ethics in

8 Government Act of 1978, as amended by Public Law 100–

9 598, and the Ethics Reform Act of 1989, Public Law 101–

10 194, including services as authorized by 5 U.S.C. 3109,

11 rental of conference rooms in the District of Columbia and

12 elsewhere, hire of passenger motor vehicles, and not to ex13 ceed $1,500 for official reception and representation ex14 penses; $8,104,000.

15 OFFICE OF PERSONNEL MANAGEMENT

16 SALARIES AND EXPENSES

17 (INCLUDING TRANSFER OF TRUST FUNDS)

18 For necessary expenses to carry out functions of the

19 Office of Personnel Management pursuant to Reorganiza20 tion Plan Numbered 2 of 1978 and the Civil Service Re21 form Act of 1978, including services as authorized by 5

22 U.S.C. 3109, medical examinations performed for veterans

23 by private physicians on a fee basis, rental of conference

24 rooms in the District of Columbia and elsewhere, hire of

25 passenger motor vehicles, not to exceed $2,500 for official

26 reception and representation expenses, and advances for
66

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1 reimbursements to applicable funds of the Office of Per2 sonnel Management and the Federal Bureau of Investiga3 tion for expenses incurred under Executive Order 10422

4 of January 9, 1953, as amended; $115,139,000, and in

5 addition $93,934,000 $111,778,000, of which not to exceed

6 $1,000,000 shall be made available for the establishment of

7 health promotion and disease prevention programs for Fed8 eral employees, and in addition $92,504,000 for adminis9 trative expenses, to be transferred from the appropriate

10 trust funds of the Office of Personnel Management with11 out regard to other statutes, including direct procurement

12 of health benefits printing, for the retirement and insur13 ance programs, of which $10,956,000 shall be transferred

14 at such times as the Office of Personnel Management

15 deems appropriate, and shall remain available until ex16 pended for the costs of automating the retirement record17 keeping systems, together with remaining amounts au18 thorized in previous Acts for the recordkeeping systems:

19 Provided, That the provisions of this appropriation shall

20 not affect the authority to use applicable trust funds as

21 provided by section 8348(a)(1)(B) of title 5, United States

22 Code: Provided further, That, except as may be consistent

23 with 5 U.S.C. 8902a(f)(1) and (i), no payment may be

24 made from the Employees Health Benefits Fund to any

25 physician, hospital, or other provider of health care serv-
67

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1 ices or supplies who is, at the time such services or sup2 plies are provided to an individual covered under chapter

3 89 of title 5, United States Code, excluded, pursuant to

4 section 1128 or 1128A of the Social Security Act (42

5 U.S.C. 1320a–7–1320a–7a), from participation in any

6 program under title XVIII of the Social Security Act (42

7 U.S.C. 1395 et seq.): Provided further, That no part of

8 this appropriation shall be available for salaries and ex9 penses of the Legal Examining Unit of the Office of Per10 sonnel Management established pursuant to Executive

11 Order 9358 of July 1, 1943, or any successor unit of like

12 purpose: Provided further, That the President’s Commis13 sion on White House Fellows, established by Executive

14 Order 11183 of October 3, 1964, may, during the fiscal

15 year ending September 30, 1995, accept donations of

16 money, property, and personal services in connection with

17 the development of a publicity brochure to provide infor18 mation about the White House Fellows, except that no

19 such donations shall be accepted for travel or reimburse20 ment of travel expenses, or for the salaries of employees

21 of such Commission.
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1 OFFICE OF INSPECTOR GENERAL

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF TRUST FUNDS)

4 For necessary expenses of the Office of Inspector

5 General in carrying out the provisions of the Inspector

6 General Act, as amended, including services as authorized

7 by 5 U.S.C. 3109, hire of passenger motor vehicles;

8 $4,009,000, and in addition, not to exceed $6,156,000 for

9 administrative expenses to audit the Office of Personnel

10 Management’s retirement and insurance programs, to be

11 transferred from the appropriate trust funds of the Office

12 of Personnel Management, as determined by the Inspector

13 General: Provided, That the Inspector General is author14 ized to rent conference rooms in the District of Columbia

15 and elsewhere.

16 GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES

17 HEALTH BENEFITS

18 For payment of Government contributions with re19 spect to retired employees, as authorized by chapter 89

20 of title 5, United States Code, and the Retired Federal

21 Employees Health Benefits Act (74 Stat. 849), as amend22 ed, $4,210,560,000 to remain available until expended.

23 GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE

24 LIFE INSURANCE

25 For payment of Government contributions with re26 spect to employees retiring after December 31, 1989, as
69

HR 4539 RS

1 required by chapter 87 of title 5, United States Code,

2 $19,159,000, to remain available until expended.

3 PAYMENT TO CIVIL SERVICE RETIREMENT AND

4 DISABILITY FUND

5 For financing the unfunded liability of new and in6 creased annuity benefits becoming effective on or after Oc7 tober 20, 1969, as authorized by 5 U.S.C. 8348, and an8 nuities under special Acts to be credited to the Civil Serv9 ice Retirement and Disability Fund, such sums as may

10 be necessary: Provided, That annuities authorized by the

11 Act of May 29, 1944, as amended, and the Act of August

12 19, 1950, as amended (33 U.S.C. 771–75), may hereafter

13 be paid out of the Civil Service Retirement and Disability

14 Fund.

15 REVOLVING FUND

16 Of the offsetting collections credited to this account,

17 $649,000 are permanently canceled.

18 OFFICE OF PERSONNEL MANAGEMENT

19 GENERAL PROVISIONS

20 SECTION 1. (a) Of the budgetary resources available

21 to the Office of Personnel Management during fiscal year

22 1995, $1,256,000 are permanently canceled.

23 (b) The Director of the Office of Personnel Manage24 ment shall allocate the amount of budgetary resources

25 canceled among the agency’s accounts available for pro26 curement and procurement-related expenses. Amounts
70

HR 4539 RS

1 available for procurement and procurement-related ex2 penses in each such account shall be reduced by the

3 amount allocated to such account.

4 (c) For the purposes of this section, the definition

5 of ‘‘procurement’’ includes all stages of the process of ac6 quiring property or services, beginning with the process

7 of determining a need for a product or services and ending

8 with contract completion and closeout, as specified in 41

9 U.S.C. 403(2).

10 OFFICE OF SPECIAL COUNSEL

11 SALARIES AND EXPENSES

12 For necessary expenses to carry out functions of the

13 Office of Special Counsel pursuant to Reorganization Plan

14 Numbered 2 of 1978, the Civil Service Reform Act of

15 1978 (Public Law 95–454), and the Whistleblower Protec16 tion Act of 1989 (Public Law 101–12), including services

17 as authorized by 5 U.S.C. 3109, payment of fees and ex18 penses for witnesses, rental of conference rooms in the

19 District of Columbia and elsewhere, and hire of passenger

20 motor vehicles; $7,955,000.

21 UNITED STATES TAX COURT

22 SALARIES AND EXPENSES

23 For necessary expenses, including contract reporting

24 and other services as authorized by 5 U.S.C. 3109;

25 $33,650,000 $34,427,000: Provided, That travel expenses
71

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1 of the judges shall be paid upon the written certificate of

2 the judge.

3 This title may be cited as the ‘‘Independent Agencies

4 Appropriations Act, 1995’’.

5 TITLE V—GENERAL PROVISIONS

6 THIS ACT

7 SECTION 501. No part of any appropriation made

8 available in this Act shall be used for the purchase or sale

9 of real estate or for the purpose of establishing new offices

10 inside or outside the District of Columbia: Provided, That

11 this limitation shall not apply to programs which have

12 been approved by the Congress and appropriations made

13 therefor.

14 SEC. 502. No part of any appropriation contained in

15 this Act shall remain available for obligation beyond the

16 current fiscal year unless expressly so provided herein.

17 SEC. 503. The expenditure of any appropriation

18 under this Act for any consulting service through procure19 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

20 to those contracts where such expenditures are a matter

21 of public record and available for public inspection, except

22 where otherwise provided under existing law, or under ex23 isting Executive Order issued pursuant to existing law.

24 SEC. 504. No part of any appropriation contained in

25 this Act shall be available for the procurement of, or for
72

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1 the payment of, the salary of any person engaged in the

2 procurement of any hand or measuring tool(s) not pro3 duced in the United States or its possessions except to

4 the extent that the Administrator of General Services or

5 his designee shall determine that a satisfactory quality and

6 sufficient quantity of hand or measuring tools produced

7 in the United States or its possessions cannot be procured

8 as and when needed from sources in the United States

9 and its possessions, or except in accordance with proce10 dures prescribed by section 6–104.4(b) of Armed Services

11 Procurement Regulation dated January 1, 1969, as such

12 regulation existed on June 15, 1970: Provided, That a fac13 tor of 75 per centum in lieu of 50 per centum shall be

14 used for evaluating foreign source end products against

15 a domestic source end product. This section shall be appli16 cable to all solicitations for bids opened after its enact17 ment.

18 SEC. 505. None of the funds made available to the

19 General Services Administration pursuant to section

20 210(f) of the Federal Property and Administrative Serv21 ices Act of 1949 shall be obligated or expended after the

22 date of enactment of this Act for the procurement by con23 tract of any guard, elevator operator, messenger or custo24 dial services if any permanent veterans preference em25 ployee of the General Services Administration at said date,
73

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1 would be terminated as a result of the procurement of

2 such services, except that such funds may be obligated or

3 expended for the procurement by contract of the covered

4 services with sheltered workshops employing the severely

5 handicapped under Public Law 92–28. Only if such work6 shops decline to contract for the provision of the covered

7 services may the General Services Administration procure

8 the services by competitive contract, for a period not to

9 exceed 5 years. At such time as such competitive contract

10 expires or is terminated for any reason, the General Serv11 ices Administration shall again offer to contract for the

12 services from a sheltered workshop prior to offering such

13 services for competitive procurement.

14 SEC. 506. None of the funds made available by this

15 Act shall be available for any activity or for paying the

16 salary of any Government employee where funding an ac17 tivity or paying a salary to a Government employee would

18 result in a decision, determination, rule, regulation, or pol19 icy that would prohibit the enforcement of section 307 of

20 the Tariff Act of 1930.

21 SEC. 507. None of the funds made available by this

22 Act shall be available for the purpose of transferring con23 trol over the Federal Law Enforcement Training Center

24 located at Glynco, Georgia, Tucson, Arizona, and Artesia,

25 New Mexico, out of the Treasury Department.
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1 SEC. 508. No part of any appropriation contained in

2 this Act shall be used for publicity or propaganda purposes

3 within the United States not heretofore authorized by the

4 Congress.

5 SEC. 509. No part of any appropriation contained in

6 this Act shall be available for the payment of the salary

7 of any officer or employee of the United States Postal

8 Service, who—

9 (1) prohibits or prevents, or attempts or threat10 ens to prohibit or prevent, any officer or employee

11 of the United States Postal Service from having any

12 direct oral or written communication or contact with

13 any Member or committee of Congress in connection

14 with any matter pertaining to the employment of

15 such officer or employee or pertaining to the United

16 States Postal Service in any way, irrespective of

17 whether such communication or contact is at the ini18 tiative of such officer or employee or in response to

19 the request or inquiry of such Member or committee;

20 or

21 (2) removes, suspends from duty without pay,

22 demotes, reduces in rank, seniority, status, pay, or

23 performance of efficiency rating, denies promotion

24 to, relocates, reassigns, transfers, disciplines, or dis25 criminates in regard to any employment right, enti-
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1 tlement, or benefit, or any term or condition of em2 ployment of, any officer or employee of the United

3 States Postal Service, or attempts or threatens to

4 commit any of the foregoing actions with respect to

5 such officer or employee, by reason of any commu6 nication or contact of such officer or employee with

7 any Member or committee of Congress as described

8 in paragraph (1) of this subsection.

9 SEC. 510. Funds under this Act shall be available as

10 authorized by sections 4501–4506 of title 5, United States

11 Code, when the achievement involved is certified, or when

12 an award for such achievement is otherwise payable, in

13 accordance with such sections. Such funds may not be

14 used for any purpose with respect to which the preceding

15 sentence relates beyond fiscal year 1995.

16 SEC. 511. None of the funds appropriated or other17 wise made available to the Department of the Treasury

18 by this or any other Act shall be obligated or expended

19 to contract out positions in, or downgrade the position

20 classifications of, members of the United States Mint Po21 lice Force and the Bureau of Engraving and Printing Po22 lice Force, or for studying the feasibility of contracting

23 out such positions.

24 SEC. 512. The Office of Personnel Management may,

25 during the fiscal year ending September 30, 1994 1995,
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1 accept donations of supplies, services, land and equipment

2 for the Federal Executive Institute, the Federal Quality

3 Institute, and Management Development Centers to assist

4 in enhancing the quality of Federal management.

5 SEC. 513. No part of any appropriation contained in

6 this Act shall be available for the procurement of, or for

7 the payment of, the salary of any person engaged in the

8 procurement of stainless steel flatware not produced in the

9 United States or its possessions, except to the extent that

10 the Administrator of General Services or his designee shall

11 determine that a satisfactory quality and sufficient quan12 tity of stainless steel flatware produced in the United

13 States or its possessions, cannot be procured as and when

14 needed from sources in the United States or its posses15 sions or except in accordance with procedures provided by

16 section 6–104.4(b) of Armed Services Procurement Regu17 lations, dated January 1, 1969. This section shall be appli18 cable to all solicitations for bids issued after its enactment.

19 SEC. 514. The United States Secret Service may,

20 during the fiscal year ending September 30, 1995, accept

21 donations of money to off-set costs incurred while protect22 ing former Presidents and spouses of former Presidents

23 when the former President or spouse travels for the pur24 pose of making an appearance or speech for a payment

25 of money or anything of value.
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1 SEC. 515. None of the funds made available by this

2 Act for ‘‘Allowances and Office Staff for Former Presi3 dents’’ may be used for partisan political activities.

4 SEC. 516. None of the funds made available by this

5 Act may be used to withdraw the designation of the Vir6 ginia Inland Port at Front Royal, Virginia, as a United

7 States Customs Service port of entry.

8 SEC. 517. Such sums as may be necessary for fiscal

9 year 1995 pay raises for programs funded by this Act shall

10 be absorbed within the levels appropriated by this Act.

11 SEC. 518. None of the funds made available to the

12 Postal Service by this Act shall be used to transfer mail

13 processing capabilities from the Las Cruces, New Mexico

14 postal facility, and that every effort will be made by the

15 Postal Service to recognize the rapid rate of population

16 growth in Las Cruces and to automate the Las Cruces,

17 New Mexico postal facility in order that mail processing

18 can be expedited and handled in Las Cruces.

19 SEC. 519. None of the funds in this Act may be used

20 to reduce the rank or rate of pay of a career appointee

21 in the SES upon reassignment or transfer.

22 SEC. 520. No part of any appropriation contained in

23 this Act shall be available to pay the salary for any person

24 filling a position, other than a temporary position, for25 merly held by an employee who has left to enter the Armed
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1 Forces of the United States and has satisfactorily com2 pleted his period of active military or naval service and

3 has within ninety days after his release from such service

4 or from hospitalization continuing after discharge for a

5 period of not more than one year made application for res6 toration to his former position and has been certified by

7 the Office of Personnel Management as still qualified to

8 perform the duties of his former position and has not been

9 restored thereto.

10 SEC. 521. (a) None of the funds appropriated by this

11 Act may, with respect to an individual employed by the

12 Bureau of the Public Debt in the Washington Metropoli13 tan Region on April 10, 1991, be used to separate, reduce

14 the grade or pay of, or carry out any other adverse person15 nel action against such individual for declining to accept

16 a directed reassignment to a position outside such region,

17 pursuant to a transfer of any such Bureau’s operations

18 or functions to Parkersburg, West Virginia.

19 (b) Subsection (a) shall not apply with respect to any

20 individual who, on or after the date of enactment of this

21 Act, declines an offer of another position in the Depart22 ment of the Treasury which is of at least equal pay and

23 which is within the Washington Metropolitan Region.

24 SEC. 522. None of the funds made available in this

25 Act may be used to provide any non-public information
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1 such as mailing or telephone lists to any person or any

2 organization outside of the Federal Government without

3 the approval of the House and Senate Committees on Ap4 propriations.

5 SEC. 523. COMPLIANCE WITH BUY AMERICAN

6 ACT.—No funds appropriated pursuant to this Act may

7 be expended by an entity unless the entity agrees that in

8 expending the assistance the entity will comply with sec9 tions 2 through 4 of the Act of March 3, 1993 (41 U.S.C.

10 10a–10c, popularly known as the ‘‘Buy American Act’’).

11 SEC. 524. SENSE OF CONGRESS; REQUIREMENT RE12 GARDING NOTICE.—(a) PURCHASE OF AMERICAN-MADE

13 EQUIPMENT AND PRODUCTS.—In the case of any equip14 ment or products that may be authorized to be purchased

15 with financial assistance provided under this Act, it is the

16 sense of the Congress that entities receiving such assist17 ance should, in expending the assistance, purchase only

18 American-made equipment and products.

19 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In

20 providing financial assistance under this Act, the Sec21 retary of the Treasury shall provide to each recipient of

22 the assistance a notice describing the statement made in

23 subsection (a) by the Congress.

24 SEC. 525. PROHIBITION OF CONTRACTS.—If it has

25 been finally determined by a court or Federal agency that
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1 any person intentionally affixed a label bearing a ‘‘Made

2 in America’’ inscription, or any inscription with the same

3 meaning, to any product sold in or shipped to the United

4 States that is not made in the United States, such person

5 shall be ineligible to receive any contract or subcontract

6 made with funds provided pursuant to this Act, pursuant

7 to the debarment, suspension, and ineligibility procedures

8 described in section 9.400 through 9.409 of title 48, Code

9 of Federal Regulations.

10 SEC. 526. No funds appropriated by this Act may be

11 used to relocate any Federal agency, bureau, office or

12 other entity funded in this Act if the sole reason for the

13 relocation is that locality pay was increased.

14 SEC. 527. Except as otherwise specifically provided

15 by law, not to exceed 50 percent of unobligated balances

16 remaining available at the end of fiscal year 1995 from

17 appropriations made available for salaries and expenses

18 for fiscal year 1995 in this Act, shall remain available

19 through September 30, 1996 for each such account for

20 the purposes authorized: Provided, That notice of the

21 amounts available pursuant to this section shall be given

22 to the House and Senate Committees on Appropriations:

23 Provided further, That not to exceed 2 percent of the funds

24 so carried over may be used to pay cash awards to employ25 ees, as authorized by law, and not to exceed 3 percent
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1 of the funds so carried over may be used for employee

2 training programs.

3 SEC. 526. None of the funds made available to the

4 United States Customs Service may be used to collect or

5 impose any land border processing fee at ports of entry

6 along the United States-Mexico border.

7 SEC. 527. Where appropriations in this Act are ex8 pendable for travel expenses of employees and no specific

9 limitation has been placed thereon, the expenditures for

10 such travel expenses may not exceed the amount set forth

11 therefor in the budget estimates submitted for appropria12 tions without the advance approval of the House and Senate

13 Committees on Appropriations: Provided, That this section

14 shall not apply to travel performed by uncompensated offi15 cials of local boards and appeal boards in the Selective

16 Service System; to travel performed directly in connection

17 with care and treatment of medical beneficiaries of the De18 partment of Veterans Affairs; to travel of the Office of Per19 sonnel Management in carrying out its observation respon20 sibilities of the Voting Rights Act; or to payments to inter21 agency motor pools separately set forth in the budget sched22 ules.
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1 SEC. 528. LAW ENFORCEMENT EXCLUSION FROM

2 WORKFORCE RESTRUCTURING.

3 (a) During the five-year period beginning on October

4 1, 1994, no reductions pursuant to Section 5(b) of the Fed5 eral Workforce Restructuring Act of 1994 (Public Law 103–

6 226) may be made in the number of full-time equivalent

7 employees classified as law enforcement and law enforce8 ment support personnel in the Department of the Treasury.

9 (b) During the period specified in subsection (a), no

10 law, regulation, Executive Order, guidance, or other direc11 tive imposing a restriction on hiring by executive agencies

12 for the purpose of achieving workforce reductions shall

13 apply to employees classified as law enforcement and law

14 enforcement support personnel in the Department of the

15 Treasury.

16 (c) Section 5(f) Paragraph (3) of the Federal

17 Workforce Restructuring Act shall not apply with respect

18 to any instances of voluntary separation incentive pay19 ments made to Treasury law enforcement personnel.

20 SEC. 529. (a) Section 3056 paragraph(a), subpara21 graph (3) of Title 18, United States Code is amended by

22 adding to subparagraph (3) following the word ‘‘remar23 riage’’, ‘‘Unless the former President did not serve as Presi24 dent prior to January 1, 1997, in which case, former Presi25 dents and their spouses for a period of not more than ten
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1 years from the date a former President leaves office, except

2 that—

3 (1) protection of a spouse shall terminate in the

4 event of remarriage or the divorce from, or death of

5 a former President; and

6 (2) should the death of a President occur while

7 in office or within one year after leaving office, the

8 spouse shall receive protection for one year from the

9 time of such death:

10 Provided, That the Secretary of the Treasury shall have the

11 authority to direct the Secret Service to provide temporary

12 protection for any of these individuals at any time if the

13 Secretary of Treasury or designee determines that informa14 tion or conditions warrant such protection’’.

15 (b) Section 3056, paragraph (a) subparagraph (4) of

16 title 18, United States Code is amended by inserting to the

17 text of paragraph (4), following the word ‘‘age’’ the follow18 ing, ‘‘for a period not to exceed ten years or upon the child

19 becoming 16 years of age, which ever comes first’’.

20 SEC. 530. The Act entitled ‘‘an Act to provide retire21 ment, clerical assistants, and free mailing privileges to

22 former Presidents of the United States, and for other pur23 poses’’, approved August 25, 1958. (Public Law 85–745; 72

24 State 838; 3 United States Code 102 note) is amended by

25 adding at the end thereof the following new subsection:
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1 ‘‘(g) There are authorized to be appropriated to the

2 Administrator of General Services up to $1,000,000 for each

3 former President and up to $500,000 for the spouse of each

4 former President each fiscal year for security and travel

5 related expenses: Provided, That under the provisions set

6 forth in Section 3056, paragraph (a), subparagraph (3) of

7 Title 18, United States Code, the former President and/or

8 spouse was not receiving protection for a lifetime provided

9 by the United States Secret Service under Section 3056

10 paragraph (a) subparagraph (3) of Title 18, United States

11 Code; the protection provided by the United States Secret

12 Service expired at its designated time; or the protection pro13 vided by the United States Secret Service was declined

14 prior to authorized expiration in lieu of these funds.’’

15 SEC. 531. CONTINUATION OF ALLOWANCE RATES FOR FED16 ERAL EMPLOYEES STATIONED OUTSIDE THE

17 CONTINENTAL UNITED STATES OR IN

18 ALASKA.

19 Section 1 under the subheading ‘‘GENERAL PROVI20 SION’’ under the heading ‘‘OFFICE OF PERSONNEL MANAGE21 MENT’’ under title IV of the Treasury, Postal Service and

22 General Government Appropriations Act, 1992 (Public Law

23 102–141; 105 Stat. 861; 5 U.S.C. 5941 note), is amended—

24 (1) by striking ‘‘1995’’ both places it appears

25 and inserting in lieu thereof ‘‘1996’’; and
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1 (2) by striking ‘‘adjustments’’ and the remainder

2 of the sentence and inserting in lieu thereof ‘‘appro3 priate changes in the method of fixing compensation

4 for affected employees, including any necessary legis5 lative changes. Such study shall include—

6 ‘‘(1) an examination of the pay practices of other

7 employers in the affected areas;

8 ‘‘(2) a consideration of alternative approaches to

9 dealing with the unusual and unique circumstances of

10 the affected areas; and

11 ‘‘(3) an evaluation of the likely impact of the dif12 ferent approaches on the Government’s ability to re13 cruit and retain a well-qualified workforce.’’.

14 TITLE VI—GOVERNMENTWIDE GENERAL

15 PROVISIONS

16 DEPARTMENTS, AGENCIES, AND CORPORATIONS

17 SECTION 601. Funds appropriated in this or any

18 other Act may be used to pay travel to the United States

19 for the immediate family of employees serving abroad in

20 cases of death or life threatening illness of said employee.

21 SEC. 602. No department, agency, or instrumentality

22 of the United States receiving appropriated funds under

23 this or any other Act for fiscal year 1995 shall obligate

24 or expend any such funds, unless such department, agen25 cy, or instrumentality has in place, and will continue to
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1 administer in good faith, a written policy designed to en2 sure that all of its workplaces are free from the illegal

3 use, possession, or distribution of controlled substances

4 (as defined in the Controlled Substances Act) by the offi5 cers and employees of such department, agency, or instru6 mentality.

7 SEC. 603. Notwithstanding 31 U.S.C. 1345, any

8 agency, department or instrumentality of the United

9 States which provides or proposes to provide child care

10 services for Federal employees may reimburse any Federal

11 employee or any person employed to provide such services

12 for travel, transportation, and subsistence expenses in13 curred for training classes, conferences or other meetings

14 in connection with the provision of such services: Provided,

15 That any per diem allowance made pursuant to this sec16 tion shall not exceed the rate specified in regulations pre17 scribed pursuant to section 5707 of title 5, United States

18 Code.

19 SEC. 604. Unless otherwise specifically provided, the

20 maximum amount allowable during the current fiscal year

21 in accordance with section 16 of the Act of August 2, 1946

22 (60 Stat. 810), for the purchase of any passenger motor

23 vehicle (exclusive of buses, ambulances, law enforcement,

24 and undercover surveillance vehicles), is hereby fixed at

25 $8,100 except station wagons for which the maximum
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1 shall be $9,100: Provided, That these limits may be ex2 ceeded by not to exceed $3,700 for police-type vehicles,

3 and by not to exceed $4,000 for special heavy-duty vehi4 cles: Provided further, That the limits set forth in this sec5 tion may not be exceeded by more than five percent for

6 electric or hybrid vehicles purchased for demonstration

7 under the provisions of the Electric and Hybrid Vehicle

8 Research, Development, and Demonstration Act of 1976:

9 Provided further, That the limits set forth in this section

10 may be exceeded by the incremental cost of clean alter11 native fuels vehicles acquired pursuant to Public Law

12 101–549 over the cost of comparable conventionally fueled

13 vehicles.

14 SEC. 605. Appropriations of the executive depart15 ments and independent establishments for the current fis16 cal year available for expenses of travel or for the expenses

17 of the activity concerned, are hereby made available for

18 quarters allowances and cost-of-living allowances, in ac19 cordance with 5 U.S.C. 5922–24.

20 SEC. 606. Unless otherwise specified during the cur21 rent fiscal year no part of any appropriation contained in

22 this or any other Act shall be used to pay the compensa23 tion of any officer or employee of the Government of the

24 United States (including any agency the majority of the

25 stock of which is owned by the Government of the United
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1 States) whose post of duty is in the continental United

2 States unless such person (1) is a citizen of the United

3 States, (2) is a person in the service of the United States

4 on the date of enactment of this Act who, being eligible

5 for citizenship, has filed a declaration of intention to be6 come a citizen of the United States prior to such date and

7 is actually residing in the United States, (3) is a person

8 who owes allegiance to the United States, (4) is an alien

9 from Cuba, Poland, South Vietnam, the countries of the

10 former Soviet Union, or the Baltic countries lawfully ad11 mitted to the United States for permanent residence, or

12 (5) South Vietnamese, Cambodian, and Laotian refugees

13 paroled in the United States after January 1, 1975, or

14 (6) nationals of the People’s Republic of China that qual15 ify for adjustment of status pursuant to the Chinese Stu16 dent Protection Act of 1992: Provided, That for the pur17 pose of this section, an affidavit signed by any such person

18 shall be considered prima facie evidence that the require19 ments of this section with respect to his or her status have

20 been complied with: Provided further, That any person

21 making a false affidavit shall be guilty of a felony, and,

22 upon conviction, shall be fined no more than $4,000 or

23 imprisoned for not more than one year, or both: Provided

24 further, That the above penal clause shall be in addition

25 to, and not in substitution for, any other provisions of ex-
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1 isting law: Provided further, That any payment made to

2 any officer or employee contrary to the provisions of this

3 section shall be recoverable in action by the Federal Gov4 ernment. This section shall not apply to citizens of Ire5 land, Israel, the Republic of the Philippines or to nationals

6 of those countries allied with the United States in the cur7 rent defense effort, or to international broadcasters em8 ployed by the United States Information Agency, or to

9 temporary employment of translators, or to temporary em10 ployment in the field service (not to exceed sixty days) as

11 a result of emergencies.

12 SEC. 607. Appropriations available to any depart13 ment or agency during the current fiscal year for nec14 essary expenses, including maintenance or operating ex15 penses, shall also be available for payment to the General

16 Services Administration for charges for space and services

17 and those expenses of renovation and alteration of build18 ings and facilities which constitute public improvements

19 performed in accordance with the Public Buildings Act of

20 1959 (73 Stat. 749), the Public Buildings Amendments

21 of 1972 (87 Stat. 216), or other applicable law.

22 SEC. 608. In addition to funds provided in this or

23 any other Act, all Federal agencies are authorized to re24 ceive and use funds resulting from the sale of materials

25 recovered through recycling or waste prevention programs.
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1 Such funds shall be available until expended for the follow2 ing purposes:

3 (1) Acquisition, waste reduction and prevention

4 and recycling programs as described in Executive

5 Order 12873 (October 20, 1993), including any such

6 programs adopted prior to the effective date of the

7 Executive Order.

8 (2) Other Federal agency environmental man9 agement programs, including but not limited to, the

10 development and implementation of hazardous waste

11 management and pollution prevention programs.

12 (3) Other employee programs as authorized by

13 law or as deemed appropriate by the head of the Fed14 eral agency.

15 The Administrator of General Services or his des16 ignee is authorized to transfer funds received into the Fed17 eral Buildings Fund pursuant to section 11 of GSA—Gen18 eral Provisions, Public Law 102–141, October 28, 1991,

19 105 Stat. 856, 40 U.S.C., sec. 490(f) (7) and (8), or sec.

20 490g, prior to the effective date of this legislation, to other

21 Federal agencies for use by those agencies for the pur22 poses set forth in those statutes. Such funds shall be avail23 able until expended and shall be in addition to any

24 amounts appropriated for such purposes.
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1 SEC. 609. Funds made available by this or any other

2 Act for administrative expenses in the current fiscal year

3 of the corporations and agencies subject to chapter 91 of

4 title 31, United States Code, shall be available, in addition

5 to objects for which such funds are otherwise available,

6 for rent in the District of Columbia; services in accordance

7 with 5 U.S.C. 3109; and the objects specified under this

8 head, all the provisions of which shall be applicable to the

9 expenditure of such funds unless otherwise specified in the

10 Act by which they are made available: Provided, That in

11 the event any functions budgeted as administrative ex12 penses are subsequently transferred to or paid from other

13 funds, the limitations on administrative expenses shall be

14 correspondingly reduced.

15 SEC. 610. No part of any appropriation for the cur16 rent fiscal year contained in this or any other Act shall

17 be paid to any person for the filling of any position for

18 which he or she has been nominated after the Senate has

19 voted not to approve the nomination of said person.

20 SEC. 611. Any department or agency to which the

21 Administrator of General Services has delegated the au22 thority to operate, maintain or repair any building or facil23 ity pursuant to section 205(d) of the Federal Property and

24 Administrative Services Act of 1949, as amended, shall

25 retain that portion of the GSA rental payment available
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1 for operation, maintenance or repair of the building or fa2 cility, as determined by the Administrator, and expend

3 such funds directly for the operation, maintenance or re4 pair of the building or facility. Any funds retained under

5 this section shall remain available until expended for such

6 purposes.

7 SEC. 612. Pursuant to section 1415 of the Act of

8 July 15, 1952 (66 Stat. 662), foreign credits (including

9 currencies) owed to or owned by the United States may

10 be used by Federal agencies for any purpose for which

11 appropriations are made for the current fiscal year (in12 cluding the carrying out of Acts requiring or authorizing

13 the use of such credits), only when reimbursement therefor

14 is made to the Treasury from applicable appropriations

15 of the agency concerned: Provided, That such credits re16 ceived as exchanged allowances or proceeds of sales of per17 sonal property may be used in whole or part payment for

18 acquisition of similar items, to the extent and in the man19 ner authorized by law, without reimbursement to the

20 Treasury.

21 SEC. 613. No part of any appropriation contained in

22 this or any other Act shall be available for interagency

23 financing of boards, commissions, councils, committees, or

24 similar groups (whether or not they are interagency enti25 ties) which do not have a prior and specific statutory ap-
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1 proval to receive financial support from more than one

2 agency or instrumentality.

3 SEC. 614. Funds made available by this or any other

4 Act to the ‘‘Postal Service Fund’’ (39 U.S.C. 2003) shall

5 be available for employment of guards for all buildings and

6 areas owned or occupied by the Postal Service and under

7 the charge and control of the Postal Service, and such

8 guards shall have, with respect to such property, the pow9 ers of special policemen provided by the first section of

10 the Act of June 1, 1948, as amended (62 Stat. 281; 40

11 U.S.C. 318), and, as to property owned or occupied by

12 the Postal Service, the Postmaster General may take the

13 same actions as the Administrator of General Services

14 may take under the provisions of sections 2 and 3 of the

15 Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C.

16 318a, 318b), attaching thereto penal consequences under

17 the authority and within the limits provided in section 4

18 of the Act of June 1, 1948, as amended (62 Stat. 281;

19 40 U.S.C. 318c).

20 SEC. 615. None of the funds made available pursuant

21 to the provisions of this Act shall be used to implement,

22 administer, or enforce any regulation which has been dis23 approved pursuant to a resolution of disapproval duly

24 adopted in accordance with the applicable law of the

25 United States.
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1 SEC. 616. No part of any appropriation contained in,

2 or funds made available by, this or any other Act, shall

3 be available for any agency to pay to the Administrator

4 of the General Services Administration a higher rate per

5 square foot for rental of space and services (established

6 pursuant to section 210(j) of the Federal Property and

7 Administrative Services Act of 1949, as amended) than

8 the rate per square foot established for the space and serv9 ices by the General Services Administration for the fiscal

10 year for which appropriations were granted.

11 SEC. 617. (a) Notwithstanding any other provision

12 of law, and except as otherwise provided in this section,

13 no part of any of the funds appropriated for the fiscal

14 year ending on September 30, 1995, by this or any other

15 Act, may be used to pay any prevailing rate employee de16 scribed in section 5342(a)(2)(A) of title 5, United States

17 Code—

18 (1) during the period from the date of expira19 tion of the limitation imposed by section 615 of the

20 Treasury, Postal Service and General Government

21 Appropriations Act, 1994, until the normal effective

22 date of the applicable wage survey adjustment that

23 is to take effect in fiscal year 1995, in an amount

24 that exceeds the rate payable for the applicable
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1 grade and step of the applicable wage schedule in

2 accordance with such section 615; and

3 (2) during the period consisting of the remain4 der of fiscal year 1995, in an amount that exceeds,

5 as a result of a wage survey adjustment, the rate

6 payable under paragraph (1) by more than the sum

7 of—

8 (A) the percentage adjustment taking ef9 fect in fiscal year 1995 under section 5303 of

10 title 5, United States Code, in the rates of pay

11 under the General Schedule; and

12 (B) the difference between the overall aver13 age percentage of the locality-based comparabil14 ity payments taking effect in fiscal year 1995

15 under section 5304 of such title (whether by

16 adjustment or otherwise), and the overall aver17 age percentage of such payments which was ef18 fective in fiscal year 1994 under such section.

19 (b) Notwithstanding any other provision of law, no

20 prevailing rate employee described in subparagraph (B) or

21 (C) of section 5342(a)(2) of title 5, United States Code,

22 and no employee covered by section 5348 of such title,

23 may be paid during the periods for which subsection (a)

24 is in effect at a rate that exceeds the rates that would
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1 be payable under subsection (a) were subsection (a) appli2 cable to such employee.

3 (c) For the purposes of this section, the rates payable

4 to an employee who is covered by this section and who

5 is paid from a schedule not in existence on September 30,

6 1994, shall be determined under regulations prescribed by

7 the Office of Personnel Management.

8 (d) Notwithstanding any other provision of law, rates

9 of premium pay for employees subject to this section may

10 not be changed from the rates in effect on September 30,

11 1994, except to the extent determined by the Office of

12 Personnel Management to be consistent with the purpose

13 of this section.

14 (e) This section shall apply with respect to pay for

15 service performed after September 30, 1994.

16 (f) For the purpose of administering any provision

17 of law (including section 8431 of title 5, United States

18 Code, and any rule or regulation that provides premium

19 pay, retirement, life insurance, or any other employee ben20 efit) that requires any deduction or contribution, or that

21 imposes any requirement or limitation on the basis of a

22 rate of salary or basic pay, the rate of salary or basic pay

23 payable after the application of this section shall be treat24 ed as the rate of salary or basic pay.
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1 (g) Nothing in this section shall be considered to per2 mit or require the payment to any employee covered by

3 this section at a rate in excess of the rate that would be

4 payable were this section not in effect.

5 (h) The Office of Personnel Management may provide

6 for exceptions to the limitations imposed by this section

7 if the Office determines that such exceptions are necessary

8 to ensure the recruitment or retention of qualified employ9 ees.

10 SEC. 617. (a)(1) Notwithstanding any other provision

11 of law, no part of any of the funds appropriated for the

12 fiscal year ending on September 30, 1995, by this or any

13 other Act, may be used to pay any prevailing rate employee

14 described in section 5342(a)(2)(A) of title 5, United States

15 Code—

16 (A) during that portion of fiscal year 1995

17 which precedes the normal effective date of the appli18 cable wage survey adjustment, in an amount that ex19 ceeds the rate payable for the applicable grade and

20 step of the applicable wage schedule in accordance

21 with section 615 of the Treasury, Postal Service, and

22 General Government Appropriations Act, 1994, on the

23 last day of the limitation imposed by such section

24 615; and
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1 (B) during the period from the normal effective

2 date of the applicable wage survey adjustment until

3 the end of fiscal year 1995, in an amount that exceeds

4 the maximum rate allowable under subparagraph (A)

5 by more than the amount determined under para6 graph (2).

7 (2)(A) If, during fiscal year 1995, employees under the

8 General Schedule receive an increase in the amount of local9 ity-based comparability payments under section 5304 of

10 title 5, United States Code, but do not receive a pay adjust11 ment under section 5303 of such title, the applicable

12 amount under this paragraph shall be equal to one-fifth the

13 difference, if any, between the overall percentage of the local14 ity-based comparability payments taking effect in fiscal

15 year 1995 under that section (whether by adjustment or oth16 erwise), and the overall percentage of such payments which

17 was effective in fiscal year 1994 under such section.

18 (B) If, during fiscal year 1995, employees under the

19 General Schedule receive a pay adjustment under section

20 5303 of title 5, United States Code, and an increase in the

21 amount of locality-based comparability payments under

22 section 5304 of such title, the applicable amount under this

23 paragraph shall be equal to—

24 (i) the amount determined under subparagraph

25 (A); and
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1 (ii) the amount resulting from an increase of an

2 equal percentage to the increase under such section

3 5303.

4 (C) If, during fiscal year 1995, employees under the

5 General Schedule receive a pay adjustment under section

6 5303 of title 5, United States Code, but do not receive an

7 increase in the amount of locality-based comparability pay8 ments under section 5304 of such title, the applicable

9 amount shall be equal to the amount resulting from an in10 crease of an equal percentage to the increase under such

11 section 5303.

12 SEC. 618. During the period in which the head of

13 any department or agency, or any other officer or civilian

14 employee of the Government appointed by the President

15 of the United States, holds office, no funds may be obli16 gated or expended in excess of $5,000 to furnish or re17 decorate the office of such department head, agency head,

18 officer or employee, or to purchase furniture or make im19 provements for any such office, unless advance notice of

20 such furnishing or redecoration is expressly approved by

21 the Committees on Appropriations of the House and Sen22 ate. For the purposes of this section the word ‘‘office’’

23 shall include the entire suite of offices assigned to the indi24 vidual, as well as any other space used primarily by the
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1 individual or the use of which is directly controlled by the

2 individual.

3 SEC. 619. (a) Notwithstanding the provisions of sec4 tions 112 and 113 of title 3, United States Code, each

5 Executive agency detailing any personnel shall submit a

6 report on an annual basis in each fiscal year to the Senate

7 and House Committees on Appropriations on all employ8 ees or members of the armed services detailed to Executive

9 agencies, listing the grade, position, and offices of each

10 person detailed and the agency to which each such person

11 is detailed.

12 (b) The provisions of this section shall not apply to

13 Federal employees or members of the armed services

14 detailed to or from—

15 (1) the Central Intelligence Agency;

16 (2) the National Security Agency;

17 (3) the Defense Intelligence Agency;

18 (4) the offices within the Department of De19 fense for the collection of specialized national foreign

20 intelligence through reconnaissance programs;

21 (5) the Bureau of Intelligence and Research of

22 the Department of State;

23 (6) any agency, office, or unit of the Army,

24 Navy, Air Force, and Marine Corps, the Federal Bu25 reau of Investigation and the Drug Enforcement Ad-
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1 ministration of the Department of Justice, the De2 partment of the Treasury, the Department of Trans3 portation, and the Department of Energy perform4 ing intelligence functions; and

5 (7) the Director of Central Intelligence.

6 (c) The exemptions in part (b) of this section are not

7 intended to apply to information on the use of personnel

8 detailed to or from the intelligence agencies which is cur9 rently being supplied to the Senate and House Intelligence

10 and Appropriations Committees by the executive branch

11 through budget justification materials and other reports.

12 (d) For the purposes of this section, the term ‘‘Exec13 utive agency’’ has the same meaning as defined under sec14 tion 105 of title 5, United States Code (except that the

15 provisions of section 104(2) of title 5, United States Code,

16 shall not apply), and includes the White House Office, the

17 Executive Residence, and any office, council, or organiza18 tional unit of the Executive Office of the President.

19 SEC. 620. No funds appropriated in this or any other

20 Act for fiscal year 1995 may be used to implement or en21 force the agreements in Standard Forms 312 and 4355

22 of the Government or any other nondisclosure policy, form

23 or agreement if such policy, form or agreement does not

24 contain the following provisions:
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1 ‘‘These restrictions are consistent with and do not su2 persede conflict with or otherwise alter the employee obli3 gations, rights or liabilities created by Executive Order

4 12356; section 7211 of title 5, United States Code (gov5 erning disclosures to Congress); section 1034 of title 10,

6 United States Code, as amended by the Military Whistle7 blower Protection Act (governing disclosure to Congress

8 by members of the military); section 2302(b)(8) of title

9 5, United States Code, as amended by the Whistleblower

10 Protection Act (governing disclosures of illegality, waste,

11 fraud, abuse or public health or safety threats); the Intel12 ligence Identities Protection Act of 1982 (50 U.S.C. 421

13 et seq.) (governing disclosures that could expose confiden14 tial Government agents), and the statutes which protect

15 against disclosure that may compromise the national secu16 rity, including sections 641, 793, 794, 798, and 952 of

17 title 18, United States Code, and section 4(b) of the Sub18 versive Activities Act of 1950 (50 U.S.C. section 783(b)).

19 The definitions, requirements, obligations, rights, sanc20 tions and liabilities created by said Executive Order and

21 listed statutes are incorporated into this Agreement and

22 are controlling.’’

23 SEC. 621. Notwithstanding any other provision of

24 law, no executive branch agency shall purchase, construct,

25 and/or lease any additional facilities, except within or con-
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1 tiguous to existing locations, to be used for the purpose

2 of conducting Federal law enforcement training without

3 the advance approval of the House and Senate Committees

4 on Appropriations.

5 SEC. 622. (a) None of the funds appropriated by this

6 or any other Act may be expended by any Federal agency

7 to procure any product or service that is subject to the

8 provisions of Public Law 89–306 and that will be available

9 under the procurement by the Administrator of General

10 Services known as ‘‘FTS2000’’ unless—

11 (1) such product or service is procured by the

12 Administrator of General Services as part of the

13 procurement known as ‘‘FTS2000’’; or

14 (2) that agency establishes to the satisfaction of

15 the Administrator of General Services that—

16 (A) the agency’s requirements for such

17 procurement are unique and cannot be satisfied

18 by property and service procured by the Admin19 istrator of General Services as part of the pro20 curement known as ‘‘FTS2000’’; and

21 (B) the agency procurement, pursuant to

22 such delegation, would be cost-effective and

23 would not adversely affect the cost-effectiveness

24 of the FTS2000 procurement.
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1 (b) After July 31, 1995, subsection (a) shall apply

2 only if the Administrator of General Services has reported

3 that the FTS2000 procurement is producing prices that

4 allow the Government to satisfy its requirements for such

5 procurement in the most cost-effective manner.

6 SEC. 623. (a) No amount of any grant made by a

7 Federal agency shall be used to finance the acquisition of

8 goods or services (including construction services) unless

9 the recipient of the grant agrees, as a condition for the

10 receipt of such grant, to—

11 (1) specify in any announcement of the award12 ing of the contract for the procurement of the goods

13 and services involved (including construction serv14 ices) the amount of Federal funds that will be used

15 to finance the acquisition; and

16 (2) express the amount announced pursuant to

17 paragraph (1) as a percentage of the total costs of

18 the planned acquisition.

19 (b) The requirements of subsection (a) shall not apply

20 to a procurement for goods or services (including construc21 tion services) that has an aggregate value of less than

22 $500,000.

23 SEC. 624. Notwithstanding section 1346 of title 31,

24 United States Code, funds made available for fiscal year

25 1995 by this or any other Act shall be available for the
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1 interagency funding of national security and emergency

2 preparedness telecommunications initiatives which benefit

3 multiple Federal departments, agencies, or entities, as

4 provided by Executive Order Numbered 12472 (April 3,

5 1984).

6 SEC. 625. Notwithstanding any provisions of this or

7 any other Act, during fiscal year ending September 30,

8 1995, any department, division, bureau, or office may use

9 funds appropriated by this or any other Act to install tele10 phone lines, and necessary equipment, and to pay monthly

11 charges, in any private residence or private apartment of

12 an employee who has been authorized to work at home

13 in accordance with guidelines issued by the Office of Per14 sonnel Management: Provided, That the head of the de15 partment, division, bureau, or office certifies that ade16 quate safeguards against private misuse exist, and that

17 the service is necessary for direct support of the agency’s

18 mission.

19 SEC. 626. (a) None of the funds appropriated by this

20 or any other Act may be obligated or expended by any

21 Federal department, agency, or other instrumentality for

22 the salaries or expenses of any employee appointed to a

23 position of a confidential or policy-determining character

24 excepted from the competitive service pursuant to section

25 3302 of title 5, United States Code, without a certification
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1 to the Office of Personnel Management from the head of

2 the Federal department, agency, or other instrumentality

3 employing the Schedule C appointee that the Schedule C

4 position was not created solely or primarily in order to

5 detail the employee to the White House.

6 (b) The provisions of this section shall not apply to

7 Federal employees or members of the armed services de8 tailed to or from—

9 (1) the Central Intelligence Agency;

10 (2) the National Security Agency;

11 (3) the Defense Intelligence Agency;

12 (4) the offices within the Department of De13 fense for the collection of specialized national foreign

14 intelligence through reconnaissance programs;

15 (5) the Bureau of Intelligence and Research of

16 the Department of State;

17 (6) any agency, office, or unit of the Army,

18 Navy, Air Force, and Marine Corps, the Federal Bu19 reau of Investigation and the Drug Enforcement Ad20 ministration of the Department of Justice, the De21 partment of Transportation, the Department of the

22 Treasury, and the Department of Energy perform23 ing intelligence functions; and

24 (7) the Director of Central Intelligence.
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1 SEC. 627. None of the funds appropriated by this or

2 any other Act may be used to relocate the Department

3 of Justice Immigration Judges from offices located in

4 Phoenix, Arizona to new quarters in Florence, Arizona

5 without the prior approval of the House and Senate Com6 mittees on Appropriations.

7 SEC. 628. No department, agency, or instrumentality

8 of the United States receiving appropriated funds under

9 this or any other Act for fiscal year 1995 shall obligate

10 or expend any such funds, unless such department, agency

11 or instrumentality has in place, and will continue to ad12 minister in good faith, a written policy designed to ensure

13 that all of its workplaces are free from discrimination and

14 sexual harassment and that all of its workplaces are not

15 in violation of title VII of the Civil Rights Act of 1964,

16 as amended, the Age Discrimination in Employment Act

17 of 1967, and the Rehabilitation Act of 1973.

18 SEC. 628. (a) Beginning in fiscal year 1995 and there19 after, for each Federal agency, except the Department of De20 fense, and except as provided in Public Law 102–393, Title

21 IV, section 13 (40 U.S.C. sec 490g) with respect to the Fund

22 established pursuant to 40 U.S.C. 490(f) an amount equal

23 to 50 percent of—

24 (1) the amount of each utility rebate received by

25 the agency for energy efficiency and water conserva-
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1 tion measures, which the agency has implemented;

2 and

3 (2) the amount of the agency’s share of the meas4 ured energy savings resulting from energy savings

5 performance contracts

6 may be retained and credited to accounts that fund energy

7 and water conservation activities at the agency’s facilities,

8 and shall remain available until expended for additional

9 specific energy efficiency or water conservation projects or

10 activities, including improvements and retrofits, facility

11 surveys, additional or improved utility metering, and em12 ployee training and awareness programs, as authorized by

13 section 152(f) of the Energy Policy Act (Public Law 102–

14 486).

15 (b) The remaining 50 percent of each rebate, and the

16 amount of the agency’s share of savings from energy savings

17 performance contracts shall be transferred to the General

18 Fund of the Treasury at the end of the fiscal year in which

19 received.

20 SEC. 629. (a)(1) Subchapter II of chapter 63 of title

21 5, United States Code, is amended by adding at the end

22 the following:
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1 ‘‘§ 6327. Absence in connection with serving as a

2 bone-marrow or organ donor

3 ‘‘(a) An employee in or under an Executive agency

4 is entitled to leave without loss of or reduction in pay,

5 leave to which otherwise entitled, credit for time or service,

6 or performance or efficiency rating, for the time necessary

7 to permit such employee to serve as a bone-marrow or

8 organ donor.

9 ‘‘(b) Not to exceed 7 days of leave may be used under

10 this section by an employee in a calendar year.

11 ‘‘(c) The Office of Personnel Management may pre12 scribe regulations for the administration of this section.’’.

13 (2)(A) Section 6129 of title 5, United States Code,

14 is amended by inserting ‘‘6327,’’ after ‘‘6326,’’.

15 (B) The table of sections for chapter 63 of title 5,

16 United States Code, is amended by adding after the item

17 relating to section 6326 the following:

‘‘6327. Absence in connection with serving as a bone-marrow or organ donor.’’.

18 (b)(1) Section 6307 of title 5, United States Code,

19 is amended—

20 (A) by redesignating subsection (c) as sub21 section (d);

22 (B) by inserting after subsection (b) the follow23 ing:

24 ‘‘(c) Sick leave provided by this section may be used

25 for purposes relating to the adoption of a child.’’; and
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1 (C) in subsection (d) (as so redesignated by

2 subparagraph (A)) by inserting ‘‘or for purposes re3 lating to the adoption of a child,’’ after ‘‘ailment,’’.

4 (2) Section 6129 of title 5, United States Code, is

5 amended by striking ‘‘6307 (a) and (c),’’ and inserting

6 ‘‘6307 (a) and (d),’’.

7 (3)(A) The Office of Personnel Management shall

8 prescribe regulations under which any employee who used

9 or uses annual leave for an adoption-related purpose, after

10 September 30, 1991, and before the date as of which sick

11 leave first becomes available for such purpose as a result

12 of the enactment of this subsection may, upon appropriate

13 written application, elect to have such employee’s leave ac14 counts adjusted to reflect the amount of annual leave and

15 sick leave, respectively, which would remain had sick leave

16 been used instead of all or any portion of the annual leave

17 actually used, as designated by the employee.

18 (B) An application under this paragraph may not be

19 approved unless it is submitted—

20 (i) within 1 year after the date of the enact21 ment of this Act or such later date as the Office

22 may prescribe;

23 (ii) in such form and manner as the Office shall

24 require; and
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1 (iii) by an individual who is an employee as of

2 the time of application.

3 (C) For the purpose of this paragraph, the term ‘‘em4 ployee’’ has the meaning given such term by section

5 6301(2) of title 5, United States Code.

6 SEC. 630. (a)(1) The adjustment in rates of basic pay

7 for the statutory pay systems that takes effect in fiscal

8 year 1995 under section 5303 of title 5, United States

9 Code, shall be an increase of 2 percent.

10 (2) For purposes of each provision of law amended

11 by section 704(a)(2) of the Ethics Reform Act of 1989

12 (5 U.S.C. 5318 note), no adjustment under section 5303

13 of title 5, United States Code, shall be considered to have

14 taken effect in fiscal year 1995 in the rates of basic pay

15 for the statutory pay systems.

16 (3) For purposes of this subsection, the term ‘‘statu17 tory pay system’’ shall have the meaning given such term

18 by section 5302(1) of title 5, United States Code.

19 (b) For purposes of any locality-based comparability

20 payments taking effect in fiscal year 1995 under sub21 chapter I of chapter 53 of title 5, United States Code

22 (whether by adjustment or otherwise)—

23 (1) section 5304(a)(3)(B) of such title shall be

deemed to be amended by striking ‘‘3 24 ⁄10’’ and inserting ‘‘1 25 ⁄4’’; and
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1 (2) section 5304a of such title shall be deemed

2 to be without force or effect.

3 SEC. 631. Section 5(f) of the Federal Workforce Re4 structuring Act of 1994 (Public Law 103–226) is amend5 ed by adding at the end the following new paragraph:

6 ‘‘(3) APPLICABILITY OF BACKFILL PREVENTION

7 PROVISIONS TO AGENCIES OTHERWISE EXEMPTED

8 FROM FTE REDUCTION.—

9 ‘‘(A) IN GENERAL.—If any agency is oth10 erwise exempted by any law from the limita11 tions on full-time equivalent positions or the re12 strictions on hiring established by this section—

13 ‘‘(i) paragraph (1) shall apply to va14 cancies created in such agency; and

15 ‘‘(ii) the reductions required pursuant

16 to clause (i) shall be made in the number

17 of funded employee positions in such agen18 cy.

19 ‘‘(B) WAIVER AUTHORITY.—In the case of

20 a particular position in an agency, subpara21 graph (A) may be waived upon a determination

22 by the head of the agency that the performance

23 of a critical agency mission requires the waiver.

24 ‘‘(C) RELATION TO OTHER LAW.—No law

25 may be construed as suspending or modifying
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1 this paragraph unless such law specifically

2 amends this paragraph.’’.

3 SEC. 632. (a) IN GENERAL.—Hereafter, the employ4 ment of any individual within the Executive Office of the

5 President shall be placed in leave without pay status if

6 the individual—

7 (1) has not, within 30 days of commencing such

8 employment or by October 31, 1994 (whichever oc9 curs later), submitted a completed questionnaire for

10 sensitive positions (SF–86); or

11 (2) has not, 6 months of commencing such em12 ployment or by October 31, 1994 (whichever occurs

13 later), had his or her background investigation, if

14 completed, forwarded by the counsel to the President

15 to the United States Secret Service for issuance of

16 the appropriate White House pass.

17 (b) EXEMPTION.—Subsection (a) shall not apply to

18 any individual specifically exempted from such subsection

19 by the President or his designee.

20 SEC. 633. SPECIAL PAY ADJUSTMENTS FOR CERTAIN MEM21 BERS OF THE SECRET SERVICE.

22 Any pay adjustment under section 5305 of title 5,

23 United States Code, to an individual who is employed as

24 a law enforcement officer by the United States Secret Serv25 ice Uniformed Division shall be considered to be a perma-
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1 nent part of basic pay for all purposes, including the com2 putation of locality-based comparability payments under

3 section 5304 of such title and making special pay adjust4 ments for law enforcement officers in selected cities under

5 section 404 of the Federal Law Enforcement Pay Reform

6 Act of 1990 (5 U.S.C. 5305 note; Public Law 101–509; 104

7 Stat. 1467).

8 SEC. 634. LAW ENFORCEMENT OFFICERS AVAILABILITY PAY.

9 (a) SHORT TITLE.—This section may be cited as the

10 ‘‘Law Enforcement Officers Availability Pay Act of 1994’’.

11 (b) LAW ENFORCEMENT AVAILABILITY PAY.—

12 (1) IN GENERAL.—Chapter 55 of title 5, United

13 States Code, is amended by inserting after section

14 5545 the following new section:

15 ‘‘§ 5545a. Law enforcement availability pay

16 ‘‘(a) For purposes of this section—

17 ‘‘(1) the term ‘available’ refers to the availability

18 of a law enforcement officer and means that an officer

19 shall be considered generally and reasonably accessible

20 by the agency employing such officer to perform du21 ties based on the needs of an agency;

22 ‘‘(2) the term ‘law enforcement officer’ means a

23 law enforcement officer as defined under section

24 5541(3) (other than a special agent in the Diplomatic

25 Security Service) who is required to—
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1 ‘‘(A) possess a knowledge of investigative

2 techniques, laws of evidence, rules of criminal

3 procedure, and precedent court decisions concern4 ing admissibility of evidence, constitutional

5 rights, search and seizure, and related issues;

6 ‘‘(B) recognize, develop, and present evi7 dence that reconstructs events sequences and time

8 elements for presentation in various legal hear9 ings and court proceedings;

10 ‘‘(C) demonstrate skills in applying surveil11 lance techniques, undercover work, and advising

12 and assisting the United States Attorney in and

13 out of court;

14 ‘‘(D) demonstrate the ability to apply the

15 full range of knowledge, skills, and abilities nec16 essary for cases which are complex and unfold

17 over a long period of time (as distinguished from

18 certain other occupations that require the use of

19 some investigative techniques in short-term situ20 ations that may end in arrest or detention);

21 ‘‘(E) possess knowledge of criminal laws

22 and Federal rules of procedure which apply to

23 cases involving crimes against the United States,

24 including—
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1 ‘‘(i) knowledge of the elements of a

2 crime;

3 ‘‘(ii) evidence required to prove the

4 crime;

5 ‘‘(iii) decisions involving arrest au6 thority;

7 ‘‘(iv) methods of criminal operations;

8 and

9 ‘‘(v) availability of detection devices;

10 and

11 ‘‘(F) possess the ability to follow leads that

12 indicate a crime will be committed rather than

13 initiate an investigation after a crime is com14 mitted;

15 ‘‘(3) the term ‘unscheduled duty hours’ means

16 duty hours a law enforcement officer works, or is de17 termined to be available for work, that are not—

18 ‘‘(A) hours that are part of the 40 hours in

19 an administrative work week of the officer; or

20 ‘‘(B) overtime hours paid under section

21 5542; and

22 ‘‘(4) the term ‘work day’ means each day in the

23 officer’s administrative work week during which the

24 officer works at least 4 hours that are not overtime
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1 hours paid under section 5542 or hours considered

2 part of section 5545(a).

3 ‘‘(b) The purpose of this section is to provide premium

4 pay to law enforcement officers to ensure the availability

5 of law enforcement officers for unscheduled duty in excess

6 of a 40-hour work week based on the needs of the employing

7 agency.

8 ‘‘(c) Each law enforcement officer shall be paid law

9 enforcement availability pay as provided under this section.

10 Availability pay shall be paid to ensure the availability of

11 the officer for all hours of duty in excess of a 40-hour work

12 week, except for regularly scheduled overtime as computed

13 under section 5542, night duty, Sunday duty, and holiday

14 duty. The officer is generally responsible for recognizing,

15 without supervision, circumstances which require the officer

16 to be on duty or be available for duty for more than 40

17 hours in each work week agency based on the needs of the

18 agency. Availability pay provided to a law enforcement of19 ficer for such unscheduled duty shall be instead of premium

20 pay provided by other provisions of this subchapter.

21 ‘‘(d)(1) A law enforcement officer shall be paid avail22 ability pay, if the average of hours described under para23 graph (2) (A) and (B) is equal to or greater than 2 hours.

24 ‘‘(2) The hours referred to under paragraph (1) are—
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1 ‘‘(A) the annual average of unscheduled hours

2 worked by the officer in excess of each regular 8-hour

3 work day; and

4 ‘‘(B) the annual average of unscheduled hours

5 such officer is available to work in excess of each reg6 ular 8-hour work day upon the request of the employ7 ing agency.

8 ‘‘(3) Unscheduled duty hours as described under this

9 subsection, which are worked by an officer on days that are

10 not regular work days shall be considered in the calculation

11 of the annual average of unscheduled duty hours worked or

12 available for purposes of certification.

13 ‘‘(4) An officer shall be considered to be available when

14 the officer cannot be reasonably and generally accessible due

15 to a status or assignment which is the result of an agency

16 direction, order, or approval as provided under subsection

17 (f)(1).

18 ‘‘(e)(1) Each officer receiving availability pay under

19 this section and the appropriate supervisory officer, to be

20 designated by the head of the agency, shall make an annual

21 certification to the head of the agency that the officer has

22 met the requirements of subsection (d). The head of a law

23 enforcement agency may prescribe regulations necessary to

24 administer this subsection.
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1 ‘‘(2) Involuntary reduction in pay resulting from a de2 nial of certification under paragraph (1) shall be a reduc3 tion in pay for purposes of section 7512(4) of this title.

4 ‘‘(f)(1) A law enforcement officer who is eligible for

5 availability pay shall receive such pay during any period

6 such officer is—

7 ‘‘(A) attending agency sanctioned training;

8 ‘‘(B) on agency approved sick leave or annual

9 leave;

10 ‘‘(C) on agency ordered travel status;

11 ‘‘(D) on agency approved relocation status; or

12 ‘‘(E) on relocation leave.

13 ‘‘(2) Agencies or departments may provide availability

14 pay to officers during training which is considered initial,

15 basic training usually provided in the first year of service

16 or when on administrative leave with pay.

17 ‘‘(g) Section 5545(c) shall not apply to any law en18 forcement officer who is paid availability pay.

19 ‘‘(h) Availability pay under this section shall be—

20 ‘‘(1) 25 percent of the rate of basic pay on an

21 annual basis for the position; and

22 ‘‘(2) treated as part of basic pay for purposes

23 of—

24 ‘‘(A) sections 5595(c), 8114(e), 8331(3),

25 8431, and 8704(c); and
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1 ‘‘(B) such other purposes as may be ex2 pressly provided for by law or as the Office of

3 Personnel Management may by regulation pre4 scribe.’’.

5 (2) LIMITATION ON PREMIUM PAY.—Section

6 5547(a) of title 5, United States Code, is amended in

7 the first sentence by inserting ‘‘5545a,’’ after ‘‘5545

8 (a), (b), and (c),’’.

9 (3) TECHNICAL AND CONFORMING AMEND10 MENT.—The table of sections for chapter 55 of title 5,

11 United States Code, is amended by inserting after the

12 item relating to section 5545 the following new item:

‘‘5545a. Law enforcement availability pay.’’.

13 (c) COMPUTATION OF OVERTIME RATES.—Section

14 5542 of title 5, United States Code, is amended—

15 (1) in subsection (a) in the first sentence by in16 serting ‘‘(or in excess of 10 hours a day as provided

17 under subsection (d))’’ after ‘‘excess of 8 hours a day’’;

18 and

19 (2) by adding at the end thereof the following

20 new subsection:

21 ‘‘(d)(1) In the case of any law enforcement officer who

22 is paid availability pay under section 5545a, overtime pay

23 shall be paid as computed under subsection (a) and in ac24 cordance with paragraph (2). All other overtime work by
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1 a law enforcement officer shall be compensated under sec2 tion 5545a.

3 ‘‘(2) In any work week in which a law enforcement

4 officer who is paid availability pay under section 5545a

5 works a 40-hour regular work week, the officer shall be paid

6 scheduled overtime pay for each hour such officer is sched7 uled to work—

8 ‘‘(A) on a regularly scheduled work day in excess

9 of 10 hours; and

10 ‘‘(B) on a day on which such officer was sched11 uled not to work and which is not part of the officer’s

12 basic 40-hour work week.’’.

13 (d) EXEMPTIONS FROM CERTAIN FAIR LABOR STAND14 ARDS.—Section 13 of the Fair Labor Standards Act of 1938

15 (29 U.S.C. 213) is amended—

16 (1) in subsection (a)—

17 (A) in paragraph (15) by striking out the

18 period and inserting in lieu thereof a semicolon

19 and ‘‘or’’; and

20 (B) by adding at the end thereof the follow21 ing new paragraph:

22 ‘‘(16) a law enforcement officer as defined under

23 section 5545a(a) of title 5, United States Code.’’; and

24 (2) in subsection (b)—
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1 (A) in paragraph (28) by striking out ‘‘or’’

2 after the semicolon;

3 (B) in paragraph (29) by striking out the

4 period and inserting in lieu thereof a semicolon

5 and ‘‘or’’; and

6 (C) by adding at the end thereof the follow7 ing new paragraph:

8 ‘‘(30) a law enforcement officer as defined under

9 section 5545a(a) of title 5, United States Code.’’.

10 (e) EFFECTIVE DATE.—The provisions of this section

11 and the amendments made by this section shall take effect

12 on the first day of the first applicable pay period beginning

13 on or after October 1, 1994.

14 SEC. 635. (a) Beginning in fiscal year 1995 and there15 after, for each Federal agency, except the Department of De16 fense, and except as provided in Public Law 102–393, title

17 IV, section 13 (40 U.S.C. 490g) with respect to the Fund

18 established pursuant to 40 U.S.C. 490(f) an amount equal

19 to 50 percent of—

20 (1) the amount of each utility rebate received by

21 the agency for energy efficiency and water conserva22 tion measures, which the agency has implemented;

23 and
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1 (2) the amount of the agency’s share of the meas2 ured energy savings resulting from energy savings

3 performance contracts

4 may be retained and credited to accounts that fund energy

5 and water conservation activities at the agency’s facilities,

6 and shall remain available until expended for additional

7 specific energy efficiency or water conservation projects or

8 activities, including improvements and retrofits, facility

9 surveys, additional or improved utility metering, and em10 ployee training and awareness programs, as authorized by

11 section 152(f) of the Energy Policy Act (Public Law 102–

12 486).

13 (b) The remaining 50 percent of each rebate, and the

14 amount of the agency’s share of savings from energy savings

15 performance contracts shall be transferred to the general

16 fund of the treasury at the end of the fiscal year in which

17 received.

18 This Act may be cited as the ‘‘Treasury, Postal Serv19 ice and General Government Appropriations Act, 1995’’.

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Calendar No. 470

103D CONGRESS

2D SESSION H.R. 4539

[Report No. 103–286]

AN ACT

Making appropriations for the Treasury Departtember 30, 1995, and for other purposes. pendent Agencies, for the fiscal year ending Sep- ecutive Office of the President, and certain Inde- ment, the United States Postal Service, the ExJUNE 16 (legislative day, JUNE 7), 1994

Received; read twice and referred to the Committee on

Appropriations

JUNE 16 (legislative day, JUNE 7), 1994

Reported with amendments