103D CONGRESS

2D SESSION H. R. 4539

AMENDMENTS
★

In the Senate of the United States,

June 22 (legislative day, June 7), 1994.

Resolved, That the bill from the House of Representatives (H.R. 4539) entitled ‘‘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’’, do pass with the following

AMENDMENTS:

1 Ω1æPage 2, line 10, strike out all after ‘‘business;’’ down

2 to and including ‘‘requirements;’’ in line 16 and insert:

3 of which not less than $6,443,000 and 92 full-time equiva4 lent positions shall be available for enforcement activities,

5 and of which not less than $3,040,000 shall be available

6 for the Office of Foreign Assets Control; not to exceed

7 $150,000 for official reception and representation expenses;

8 Ω2æPage 2, strike out all after line 22 down to and in9 cluding ‘‘celed’’ in line 25 and insert: $104,400,000

10 Ω3æPage 3, line 10, strike out ø$28,897,000¿ and insert:

11 $30,497,000
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1 Ω4æPage 3, line 16, strike out all after ‘‘expenses;’’ down

2 to and including ‘‘canceled’’ in line 18 and insert:

3 $20,690,000

4 Ω5æPage 4, line 14, strike out ø$9,000¿ and insert:

5 $7,000

6 Ω6æPage 5, line 7, after ‘‘Director’’ insert: on a space

7 available basis with reimbursement of actual costs to this

8 appropriation

9 Ω7æPage 5, line 23, strike out øshort term¿ and insert:

10 first-aid and emergency

11 Ω8æPage 5, line 24, strike out ø$46,713,000¿ and insert:

12 $47,114,000

13 Ω9æPage 6, line 8, strike out ø$9,815,000¿ and insert:

14 $16,815,000

15 Ω10æPage 6, line 13, strike out ø$185,389,000¿ and in16 sert: $183,697,000

17 Ω11æPage 6, line 19, strike out all after ‘‘101–380’’

18 down to and including ‘‘canceled’’ in line 21

19 Ω12æPage 7, line 15, strike out ø$376,181,000¿ and in20 sert: 385,315,000, of which no less than $134,847,000 and

21 1,140 full-time equivalent positions shall be available for

22 enforcing the Armed Career Criminal Act
3

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1 Ω13æPage 8, line 19, strike out all after ‘‘licensees’’ down

2 to and including ‘‘canceled’’ in line 21 and insert: : Pro3 vided, That funds made available shall be used to achieve

4 a minimum staffing level of 4,215 full-time equivalent posi5 tions during fiscal year 1995

6 Ω14æPage 9, line 6, strike out ø$1,391,700,000¿ and in7 sert: $1,378,914,000

8 Ω15æPage 9, line 19, strike out all after ‘‘District’’ down

9 to and including ‘‘canceled’’ in line 24

10 Ω16æPage 9, line 24, after ‘‘canceled’’ insert: : Provided

11 further, That Customs shall achieve a minimum full-time

12 equivalent staffing level of 17,524 during fiscal year 1995:

13 Provided further, That $500,000 shall remain available

14 until expended for construction of a replacement fence with15 in the city limits of Nogales, Arizona, under the authority

16 of section 69, title 19, United States Code: Provided further,

17 That any fee increases currently authorized or authorized

18 in the future, by amendments to section 13031 of the Com19 prehensive Omnibus Budget Reconciliation Act of 1985

20 hereafter shall be charged and collected

21 Ω17æPage 10, line 9, strike out ø$78,991,000¿ and in22 sert: $91,891,000
4

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1 Ω18æPage 10, line 10, after ‘‘1997’’ insert: : Provided,

2 That no aircraft or other related equipment, with the excep3 tion of aircraft which is one of a kind and has been identi4 fied as excess to Customs requirements, and aircraft which

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

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

7 Department of the Treasury, during fiscal year 1995, with8 out the prior approval of the House and Senate Committees

9 on Appropriations

10 Ω19æPage 10, after line 10, insert:

11 CUSTOMS FACILITIES, CONSTRUCTION, IMPROVEMENTS

12 AND RELATED EXPENSES

13 For acquisition of necessary additional real property,

14 facilities, construction, improvements, and related expenses

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

16 available until expended.

17 Ω20æPage 11, line 4, strike out ø$54,770,000¿ and in18 sert: $55,740,000

19 Ω21æPage 12, line 22, strike out ø$225,632,000¿ and

20 insert: $163,431,000

21 Ω22æPage 13, line 8, strike out ø$1,616,295,000, of

22 which $3,500,000¿ and insert: $1,586,028,000, of which

23 $3,700,000
5

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1 Ω23æPage 14, line 4, strike out ø$4,412,580,000¿ and

2 insert: $4,358,180,000

3 Ω24æPage 14, line 6, after ‘‘1997’’ insert: for research:

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

5 made available for the fiscal year 1995 tax compliance ini6 tiative shall not be expended for any other purposes: Pro7 vided further, That no funds shall be transferred from this

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

9 less than $442,148,000 and 5,002 full-time equivalent posi10 tions shall be available for tax fraud investigations

11 Ω25æPage 14, line 16, strike out ø$1,240,357,000 of

12 which $185,000,000¿ and insert: $1,388,000,000 of which

13 no less than $700,000,000 shall be available for tax systems

14 modernization, of which up to $185,000,000 for tax and in15 formation systems development projects

16 Ω26æPage 14, line 22, after ‘‘Modernization’’ insert: :

17 Provided further, That in the event that fee increases are

18 charged and collected as a result of amendments enacted

19 after December 8, 1993 to section 13031 of the Comprehen20 sive Omnibus Budget Reconciliation Act of 1985, the

21 amount appropriated shall be $1,523,000,000

22 Ω27æPage 15, line 3, after ‘‘the’’ the first time it appears

23 insert: advance
6

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1 Ω28æPage 15, line 4 after ‘‘Appropriations’’ insert: : Pro2 vided, That no funds shall be transferred from the ‘‘Tax

3 law enforcement’’ account during fiscal year 1995

4 Ω29æPage 15, after line 9 insert:

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

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

7 Internal Revenue Service to increase receipts, where such

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

9 Treasury may spend the new or increased fee receipts to

10 supplement appropriations made available to the Internal

11 Revenue Service appropriations accounts in fiscal years

12 1995 and thereafter: Provided, That the Secretary shall pro13 vide quarterly reports to the Congress on the collection of

14 such fees and how they are being expended by the Service.

15 Ω30æPage 16, line 20, strike out all after ‘‘year;’’ down

16 to and including ‘‘canceled’’ in line 22 and insert:

17 $474,988,000

18 Ω31æPage 20, after line 14, insert:

19 SEC. 110. (a) The Secretary of the Treasury shall im20 plement the plan announced by the Bureau of the Public

21 Debt on March 19, 1991, to consolidate such Bureau’s oper22 ations in Parkersburg, West Virginia.
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1 (b) The consolidation referred to in subsection (a) shall

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

3 plan of the Bureau of the Public Debt.

4 Ω32æPage 20, after line 14, insert:

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

6 Customs personnel funded through reimbursement from the

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

8 of workforce reductions required under Executive Order or

9 other guidance to Executive branch agencies in fiscal year

10 1995 and hereafter.

11 Ω33æPage 20, after line 14, insert:

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

13 United States Code, is amended—

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

15 of paragraph (2) as (I) and (J) of paragraph (1), re16 spectively; and

17 (b) by redesignating in paragraph (2) subpara18 graphs (H) and (I) as subparagraphs (G) and (H),

19 respectively.

20 Ω34æPage 20, after line 14, insert:

21 SEC. 113. (a) The Director of the United States Secret

22 Service shall direct and apply appropriate agency person23 nel and resources for the purpose of conducting a security

24 survey of the Bureau of Engraving and Printing.
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1 (b) Such security survey shall include a review of all

2 general security provisions, including:

3 (1) The security and safeguarding of currency.

4 (2) Personnel screening and employee back5 ground check procedures.

6 (3) Access control and identification procedures.

7 (4) The security and safeguarding of currency

8 materials, supplies and related items.

9 (5) Other security areas of concern as deemed

10 relative and appropriate by the agency.

11 (c) The Bureau of Engraving and Printing and the

12 Federal agencies which participated in any investigations

13 or arrest of person(s) for theft of currency from the Bureau

14 of Engraving and Printing are directed to—

15 (1) provide any assistance and cooperation to

16 the United States Secret Service for the purpose of the

17 security survey; and

18 (2) provide Secret Service personnel, in accord19 ance with all laws, with access to person(s) arrested

20 in connection with theft or removal of currency from

21 the Bureau of Engraving and Printing; and

22 (3) provide access to all relevant investigative re23 ports and materials: Provided, That access to such

24 persons is approved by the appropriate United States

25 Attorney.
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1 (d) The Director of the United States Secret Service

2 shall provide a preliminary report to the Congress no later

3 than 30 days from the date of enactment of this Act, and

4 a final report containing specific findings and rec5 ommendations to the Congress within 90 days of enactment

6 of this Act.

7 Ω35æPage 20, after line 14, insert:

8 SEC. 114. CUSTOMS SERVICE INSPECTORS AND CANINE EN9 FORCEMENT OFFICERS AS LAW ENFORCE10 MENT OFFICERS FOR FEDERAL RETIREMENT

11 SYSTEMS.

12 (a) SHORT TITLE.—This section may be cited as the

13 ‘‘Customs Service Inspectors and Customs Canine Enforce14 ment Officers Retirement Act of 1994’’.

15 (b) CIVIL SERVICE RETIREMENT SYSTEM.—

16 (1) DEFINITIONS.—Section 8331 of title 5, Unit17 ed States Code, is amended—

18 (A) by striking out ‘‘and’’ at the end of

19 paragraph (25);

20 (B) by striking out the period at the end of

21 paragraph (26) and inserting in lieu thereof a

22 semicolon; and

23 (C) by adding at the end thereof the follow24 ing new paragraphs:
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1 ‘‘(27) ‘customs inspector’ means an employee of

2 the United States Customs Service—

3 ‘‘(A) who—

4 ‘‘(i) elects to make contributions and be

5 covered in accordance with section 4 of the

6 Customs Service Inspectors and Customs

7 Canine Enforcement Officers Retirement

8 Act of 1994; or

9 ‘‘(ii) is hired after the effective date of

10 such Act; and

11 ‘‘(B) the duties of whose position are pri12 marily to—

13 ‘‘(i) enforce laws and regulations gov14 erning the importing and exporting of mer15 chandise;

16 ‘‘(ii) process and control passengers

17 and baggage;

18 ‘‘(iii) interdict smuggled merchandise

19 and contraband; and

20 ‘‘(iv) apprehend (if warranted) persons

21 involved in violations of customs laws,

22 including an employee engaged in this activity who

23 is transferred to a supervisory or administrative posi24 tion; and
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1 ‘‘(28) ‘customs canine enforcement officer’ means

2 an employee of the United States Customs Service—

3 ‘‘(A) who—

4 ‘‘(i) elects to make contributions and be

5 covered in accordance with section 4 of the

6 Customs Service Inspectors and Customs

7 Canine Enforcement Officers Retirement

8 Act of 1994; or

9 ‘‘(ii) is hired after the effective date of

10 such Act; and

11 ‘‘(B) the duties of whose position are pri12 marily to work directly with a dog in an effort

13 to—

14 ‘‘(i) enforce laws and regulations gov15 erning the importing and exporting of mer16 chandise;

17 ‘‘(ii) process and control passengers

18 and baggage;

19 ‘‘(iii) interdict smuggled merchandise

20 and contraband; and

21 ‘‘(iv) apprehend (if warranted) persons

22 involved in violations of customs laws,

23 including an employee engaged in this activity who

24 is transferred to a supervisory or administrative posi25 tion.’’.
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1 (2) DEDUCTIONS, CONTRIBUTIONS, AND DEPOS2 ITS.—Section 8334 of title 5, United States Code, is

3 amended—

4 (A) in subsection (a)(1), by striking out ‘‘a

5 law enforcement officer,’’ and inserting in lieu

6 thereof ‘‘a law enforcement officer, a customs in7 spector, a customs canine enforcement officer,’’;

8 and

9 (B) in the table in subsection (c), by strik10 ing out ‘‘and firefighter for firefighter service.’’

11 and inserting in lieu thereof ‘‘, firefighter for

12 firefighter service, customs inspector for customs

13 inspector service, and customs canine enforce14 ment officer for customs canine enforcement offi15 cer service’’.

16 (3) MANDATORY SEPARATION.—Section 8335(b)

17 of title 5, United States Code, is amended in the sec18 ond sentence by striking out ‘‘law enforcement officer’’

19 and inserting in lieu thereof ‘‘law enforcement officer,

20 a customs inspector, or a customs canine enforcement

21 officer’’.

22 (4) IMMEDIATE RETIREMENT.—Section

23 8336(c)(1) of such title is amended by striking out

24 ‘‘law enforcement officer or firefighter,’’ and inserting
13

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1 ‘‘law enforcement officer, a firefighter, a customs in2 spector, or a customs canine enforcement officer,’’.

3 (c) FEDERAL EMPLOYEES RETIREMENT SYSTEM.—

4 (1) DEFINITIONS.—Section 8401 of title 5, Unit5 ed States Code, is amended—

6 (A) by striking out ‘‘and’’ at the end of

7 paragraph (31);

8 (B) by striking out the period at the end of

9 paragraph (32) and inserting in lieu thereof a

10 semicolon; and

11 (C) by adding at the end thereof the follow12 ing new paragraphs:

13 ‘‘(33) ‘customs inspector’ means an employee of

14 the United States Customs Service—

15 ‘‘(A) who—

16 ‘‘(i) elects to make contributions and be

17 covered in accordance with section 4 of the

18 Customs Service Inspectors and Customs

19 Canine Enforcement Officers Retirement

20 Act of 1994; or

21 ‘‘(ii) is hired after the effective date of

22 such Act; and

23 ‘‘(B) the duties of whose position are pri24 marily to—
14

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1 ‘‘(i) enforce laws and regulations gov2 erning the importing and exporting of mer3 chandise;

4 ‘‘(ii) process and control passengers

5 and baggage;

6 ‘‘(iii) interdict smuggled merchandise

7 and contraband; and

8 ‘‘(iv) apprehend (if warranted) persons

9 involved in violations of customs laws,

10 including an employee engaged in this activity who

11 is transferred to a supervisory or administrative posi12 tion; and

13 ‘‘(34) ‘customs canine enforcement officer’ means

14 an employee of the United States Customs Service—

15 ‘‘(A) who—

16 ‘‘(i) elects to make contributions and be

17 covered in accordance with section 4 of the

18 Customs Service Inspectors and Customs

19 Canine Enforcement Officers Retirement

20 Act of 1994; or

21 ‘‘(ii) is hired after the effective date of

22 such Act; and

23 ‘‘(B) the duties of whose position are pri24 marily to work directly with a dog in an effort

25 to—
15

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1 ‘‘(i) enforce laws and regulations gov2 erning the importing and exporting of mer3 chandise;

4 ‘‘(ii) process and control passengers

5 and baggage;

6 ‘‘(iii) interdict smuggled merchandise

7 and contraband; and

8 ‘‘(iv) apprehend (if warranted) persons

9 involved in violations of customs laws,

10 including an employee engaged in this activity who

11 is transferred to a supervisory or administrative posi12 tion.’’.

13 (2) IMMEDIATE RETIREMENT.—Section 8412(d)

14 of title 5, United States Code, is amended—

15 (A) in paragraph (1) by striking out ‘‘or

16 firefighter,’’ and inserting in lieu thereof ‘‘fire17 fighter, customs inspector, or customs canine en18 forcement officer,’’; and

19 (B) in paragraph (2) by striking out ‘‘or

20 firefighter,’’ and inserting in lieu thereof ‘‘fire21 fighter, customs inspector, or customs canine en22 forcement officer,’’.

23 (3) COMPUTATION OF BASIC ANNUITY.—Section

24 8415(g)(2) of title 5, United States Code, is amended

25 in the sentence following subparagraph (B) by insert-
16

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1 ing ‘‘customs inspector, customs canine enforcement

2 officer,’’ after ‘‘firefighter,’’.

3 (4) DEDUCTIONS.—Section 8422(a)(2) of title 5,

4 United States Code, is amended—

5 (A) in subparagraph (A) by inserting ‘‘customs

6 inspector, customs canine enforcement officer,’’ after

7 ‘‘air traffic controller,’’; and

8 (B) in subparagraph (B) by inserting ‘‘cus9 toms inspector, customs canine enforcement offi10 cer,’’ after ‘‘air traffic controller,’’.

11 (5) GOVERNMENT CONTRIBUTIONS.—Section

12 8423(a) of title 5, United States Code, is amended—

13 (A) in paragraph (1)(B)(i) by inserting

14 ‘‘customs inspectors, customs canine enforcement

15 officers,’’ after ‘‘law enforcement officers,’’; and

16 (B) in paragraph (3)(A) by inserting ‘‘cus17 toms inspectors, customs canine enforcement offi18 cers,’’ after ‘‘law enforcement officers,’’.

19 (6) MANDATORY SEPARATION.—Section 8425(b)

20 of title 5, United States Code, is amended in the sec21 ond sentence by inserting ‘‘, customs inspector, or cus22 toms canine enforcement officer’’ after ‘‘law enforce23 ment officer’’.

24 (e) INCLUSION OF OVERTIME PAY AS BASE PAY FOR

25 CUSTOMS INSPECTORS AND CUSTOMS CANINE ENFORCE-
17

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1 MENT OFFICERS.—Section 8331(3) of title 5, United States

2 Code, is amended—

3 (1) in subparagraph (D) by striking out ‘‘and’’

4 after the semicolon;

5 (2) in subparagraph (E) by adding ‘‘and’’ after

6 the semicolon;

7 (3) by inserting after subparagraph (E) the fol8 lowing new subparagraph:

9 ‘‘(F) with respect to a customs inspector or

10 customs canine enforcement officer as defined

11 under paragraphs (27) and (28), compensation

12 for overtime under section 5542(a), but not to ex13 ceed 50 percent of any statutory maximum in

14 overtime pay for customs inspectors or customs

15 canine enforcement officers which is in effect for

16 the year involved;’’; and

17 (4) in the matter following subparagraph (F) (as

18 added by paragraph (3) of this section) by striking

19 out ‘‘and (E)’’ and inserting in lieu thereof ‘‘(E), and

20 (F)’’.

21 (f) AGENCY CONTRIBUTIONS FOR CUSTOMS INSPEC22 TORS AND CUSTOMS CANINE ENFORCEMENT OFFICERS.—

23 Section 13031(f)(3)(A)(i) of the Consolidated Omnibus

24 Budget Reconciliation Act of 1985 (19 U.S.C.

25 58c(f)(3)(A)(i) is amended—
18

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1 (1) by redesignating subclauses (IV) and (V) as

2 subclauses (V) and (VI), respectively; and

3 (2) by inserting after subclause (III) the follow4 ing new subclause:

5 ‘‘(IV) paying agency contributions

6 to the Civil Service Retirement and

7 Disability Fund to match contribu8 tions for customs inspectors and cus9 toms canine enforcement officers as de10 fined under section 8331 (27) and

11 (28), respectively, in accordance with

12 the Customs Inspectors and Customs

13 Canine Enforcement Officers Retire14 ment Act of 1994;’’.

15 (g) OVERTIME AND PREMIUM PAY FOR CUSTOMS IN16 SPECTORS AND CUSTOMS CANINE ENFORCEMENT OFFI17 CERS.—

18 (1) OVERTIME PAY.—Section 5542(a)(4) of title

19 5, United States Code, is amended by inserting after

20 ‘‘law enforcement officer’’ the following: ‘‘as defined

21 under section 8331(20) or 8401(17), a customs inspec22 tor as defined under section 8331(27), and a customs

23 canine enforcement officer as defined under section

24 8331(28)’’.
19

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1 (2) LIMITATION ON PREMIUM PAY.—Section

2 5547(c) of title 5, United States Code, is amended—

3 (A) in paragraph (1) by inserting ‘‘a cus4 toms inspector as defined under section 8331(27)

5 and customs canine enforcement officer as de6 fined under section 8331(28)’’ after ‘‘law enforce7 ment officer’’; and

8 (B) in paragraph (2) by inserting ‘‘a cus9 toms inspector as defined under section 8331(27)

10 and customs canine enforcement officer as de11 fined under section 8331(28)’’ after ‘‘law enforce12 ment officer’’.

13 (h) ADMINISTRATIVE PROVISIONS.—

14 (1) EMPLOYEE COVERAGE.—No later than 90

15 days after the effective date of this section, each cus16 toms inspector or customs canine enforcement officer

17 shall make an irrevocable election to be covered under

18 chapter 83 or 84 (as the case may be) as amended by

19 this section.

20 (2) EMPLOYEE CONTRIBUTIONS.—Any individ21 ual who has served as a customs inspector or customs

22 canine enforcement officer before the effective date of

23 this section, shall have such service credited and an24 nuities determined in accordance with the amend25 ments made by this section, if such individual makes
20

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1 payment into the Civil Service Retirement and Dis2 ability Fund of an amount, determined by the Office

3 of Personnel Management, which would have been de4 ducted and withheld from the basic pay of such indi5 vidual (including interest thereon) under chapters 83

6 and 84 of title 5, United States Code, as if such

7 amendments had been in effect during the periods of

8 such service.

9 (3) AGENCY CONTRIBUTIONS.—No later than 90

10 days after a payment made by an individual under

11 paragraph (1), the Department of the Treasury shall

12 make a payment into the Civil Service Retirement

13 and Disability Fund of an amount, determined by the

14 Office of Personnel Management, which would have

15 been contributed as a Government contribution (in16 cluding interest thereon) under chapters 83 and 84 of

17 title 5, United States Code, for the service credited

18 and annuities determined for such individual, as if

19 the amendments made by this section had been in ef20 fect during the applicable periods of service.

21 (4) REGULATIONS.—The Office of Personnel

22 Management shall determine the amount of interest to

23 be paid under this section and may promulgate regu24 lations to carry out the provisions of this section.
21

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1 (i) RULE OF CONSTRUCTION.—No provision of this

2 section or amendment made by this section shall be con3 strued to provide for treatment of customs inspectors or ca4 nine enforcement officers of the United States Customs

5 Service as law enforcement officers for any purpose other

6 than as specifically provided in such provision or amend7 ment.

8 (j) EFFECTIVE DATE.—The provisions of this section

9 and amendments made by this section shall take effect on

10 the date occurring 90 days after the date of enactment of

11 this Act.

12 Ω36æPage 20, line 23, strike out ø$85,717,000¿ and in13 sert: $102,317,000

14 Ω37æPage 23, line 2, strike out ø$38,754,000¿ and in15 sert: $40,193,000

16 Ω38æPage 24, line 5, strike out ø$3,270,000¿ and insert:

17 $3,280,000

18 Ω39æPage 24, line 10, strike out all after ‘‘1021),’’ down

19 to and including ‘‘$3,420,000’’ and insert: $3,439,000

20 Ω40æPage 24, line 21, strike out ø$6,648,000¿ and in21 sert: $8,222,000

22 Ω41æPage 24, line 25, strike out ø$24,850,000¿ and in23 sert: $26,217,000
22

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1 Ω42æPage 25, line 16, strike out ø$56,272,000¿ and in2 sert: $55,081,000

3 Ω43æPage 27, line 16, strike out ø$43,000,000¿ and in4 sert: $55,000,000

5 Ω44æPage 27, line 18, after ‘‘tor’’ insert: : Provided, That

6 an additional $12,000,000 shall be made available for drug

7 control activities in Puerto Rico and the U.S. Virgin Is8 lands only if the Director of the Office of National Drug

9 Control Policy designates such area as a High Intensity

10 Drug Trafficking Area: Provided further, That the funds

11 made available under this head shall be obligated within

12 90 days of the date of enactment of this Act

13 Ω45æPage 27, strike out all after line 21 down to and

14 including ‘‘$8,000,000’’ in line 25 and insert: $52,500,000,

15 which shall be derived from deposits in the Special Forfeit16 ure Fund; of which $20,000,000 shall be retained by the

17 Director of the Office of National Drug Control Policy for

18 enhancing U.S. Customs Service air and marine interdic19 tion activities should air and marine smuggling activity

20 increase; of which $25,000,000 shall be transferred to the

21 Substance Abuse and Mental Health Services Administra22 tion, and of which $13,000,000 shall be available for drug

23 treatment block grants to the States, and of which

24 $10,000,000 shall be available to the Center for Substance
23

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1 Abuse Treatment for the residential women and children’s

2 program, and of which $2,000,000 shall be available to the

3 Center for Substance Abuse Treatment for a comprehensive

4 outpatient program; of which $7,500,000

5 Ω46æPage 28, after line 7, insert:

6 ADMINISTRATIVE CONFERENCE OF THE UNITED STATES

7 SALARIES AND EXPENSES

8 For necessary expenses of the Administrative Con9 ference of the United States, established by the Administra10 tive Conference Act, as amended (5 U.S.C. 571 et seq.), in11 cluding not to exceed $1,000 for official reception and rep12 resentation expenses, $1,800,000.

13 Ω47æPage 28, after line 7, insert:

14 ADVISORY COMMISSION ON INTERGOVERNMENTAL

15 RELATIONS

16 SALARIES AND EXPENSES

17 For expenses necessary to carry out the provisions of

18 the Advisory Commission on Intergovernmental Relations

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

20 and additional amounts collected from the sale of publica21 tions shall be credited to and used for the purposes of this

22 appropriation.

23 Ω48æPage 28, line 19, strike out ø$23,564,000¿ and in24 sert: $27,106,000
24

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1 Ω49æPage 29, line 5, strike out ø$21,341,000¿ and in2 sert: $21,540,000

3 Ω50æPage 29, line 22, strike out ø$361,615,520¿ and

4 insert: $500,000,000

5 Ω51æPage 30, line 22, strike out ø$4,973,825,520¿ and

6 insert: $5,057,841,000

7 Ω52æPage 30, line 22, strike out ø$502,709,520¿ and

8 insert: $721,129,000

9 Ω53æPage 31, strike out all after line 3 over to and in10 cluding line 4 on page 33 and insert:

11 Alabama:

12 Montgomery, U.S. Courthouse Annex,

13 $40,547,000

14 Arizona:

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

16 $98,625,000: Provided, That construction funds shall

17 only be obligated upon the approval of the House

18 Committee on Public Works and Transportation and

19 the Senate Committee on Environment and Public

20 Works

21 California:

22 Santa Ana, Federal Building and U.S. Court23 house, $25,193,000

24 Colorado:
25

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1 Lakewood, Denver Federal Center, U.S. Geologi2 cal Survey Lab Building, $25,802,000

3 Florida:

4 Jacksonville, U.S. Courthouse, $4,666,000: Pro5 vided, That such funds shall only be obligated upon

6 the approval of the House Committee on Public Works

7 and Transportation and the Senate Committee on

8 Environment and Public Works

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

10 Georgia:

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

12 Hawaii:

13 Consolidation, University of Hawaii-Hilo,

14 $12,000,000: Provided, That such funds shall only be

15 obligated upon the approval of the House Committee

16 on Public Works and Transportation and the Senate

17 Committee on Environment and Public Works

18 Kentucky:

19 Covington, U.S. Courthouse, $3,108,000: Pro20 vided, That such funds shall only be obligated upon

21 the approval of the House Committee on Public Works

22 and Transportation and the Senate Committee on

23 Environment and Public Works

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

25 That such funds shall only be obligated upon the ap-
26

HR 4539 EAS1S

1 proval of the House Committee on Public Works and

2 Transportation and the Senate Committee on Envi3 ronment and Public Works

4 Louisiana:

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

6 Maryland:

7 Beltsville, U.S. Secret Service, training adminis8 tration building, $2,400,000: Provided, That such

9 funds shall only be obligated upon the approval of the

10 House Committee on Public Works and Transpor11 tation and the Senate Committee on Environment

12 and Public Works

13 Montgomery and Prince Georges Counties, Food

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

15 Missouri:

16 Kansas City, Federal Building and U.S. Court17 house, $84,895,000

18 St. Louis, Federal Building and U.S. Court19 house, $176,863,000

20 Montana:

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

22 New Mexico:

23 Albuquerque, U.S. Courthouse, $49,300,000: Pro24 vided, That such funds shall only be obligated upon

25 the approval of the House Committee on Public Works
27

HR 4539 EAS1S

1 and Transportation and the Senate Committee on

2 Environment and Public Works

3 New York:

4 Long Island, U.S. Courthouse, $30,000,000: Pro5 vided, That such funds shall only be obligated upon

6 the approval of the House Committee on Public Works

7 and Transportation and the Senate Committee on

8 Environment and Public Works

9 Nevada:

10 Las Vegas, U.S. Courthouse, $4,500,000: Pro11 vided, That such funds shall only be obligated upon

12 the approval of the House Committee on Public Works

13 and Transportation and the Senate Committee on

14 Environment and Public Works

15 North Dakota:

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

17 Ohio:

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

19 Pennsylvania:

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

21 Tennessee:

22 Greeneville, U.S. Courthouse, $3,234,000: Pro23 vided, That such funds shall only be obligated upon

24 the approval of the House Committee on Public Works
28

HR 4539 EAS1S

1 and Transportation and the Senate Committee on

2 Environment and Public Works

3 Texas:

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

5 Brownsville, Federal Building and U.S. Court6 house, $6,361,000

7 El Paso, Federal Office Building, Claim,

8 $327,000

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

10 $24,341,000

11 Virginia:

12 Charlottesville, U.S. Army Foreign Service Tech13 nology Center, $4,178,000

14 Washington:

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

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

17 Point Roberts, Border Station, $698,000

18 West Virginia:

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

20 Ω54æPage 33, line 23, strike out ø$815,268,000¿ and

21 insert: $714,556,000

22 Ω55æPage 34, strike out all after line 9 over to and in23 cluding ‘‘$301,168,000’’ in line 22 on page 36 and insert:

24 California:

25 Los Angeles, U.S. Courthouse, $22,420,000
29

HR 4539 EAS1S

1 Menlo Park, USGS Building #3, $6,868,000

2 Sacramento, Federal Building, $14,914,000

3 San Pedro, Custom House, $4,887,000

4 Colorado:

5 Denver, Federal Building and Custom House,

6 $8,006,000

7 District of Columbia:

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

9 Customs/ICC/Connecting Wing Complex (phase

10 I), $8,696,000

11 National Courts, $4,129,000

12 Illinois:

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

14 Maryland:

15 Baltimore, George H. Fallon Federal Building

16 (phase 3), $15,459,000

17 Woodlawn, SSA East High-Low Rise Buildings,

18 $17,292,000

19 New Jersey:

20 Trenton, Clarkson S. Fisher Courthouse,

21 $14,107,000

22 New York:

23 Holtsville, IRS Service Center, $19,183,000

24 New York City, Jacob K. Javits Federal Build25 ing, $2,602,000
30

HR 4539 EAS1S

1 New York City, Silvio V. Mollo Federal Build2 ing, $953,000

3 North Carolina:

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

5 $6,347,000

6 Ohio:

7 Cleveland, Anthony J. Celebreeze Federal Build8 ing, $10,972,000

9 Oklahoma:

10 Oklahoma City, Alfred P. Murrah Federal

11 Building, $5,290,000

12 Pennsylvania:

13 Harrisburg, Federal Building and Courthouse,

14 $15,213,000

15 Philadelphia, Byrne-Green Complex, $30,628,000

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

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

18 Texas:

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

20 $12,167,000

21 Virginia:

22 Richmond, U.S. Courthouse and Annex,

23 $12,509,000

24 Washington:
31

HR 4539 EAS1S

1 Walla Walla, Corps of Engineers, demolition,

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

3 obligated upon the approval of the House Committee

4 on Public Works and Transportation and the Senate

5 Committee on Environment and Public Works

6 Nationwide:

7 Chlorofluorocarbons Program, $90,035,000

8 Energy Program, $45,723,000

9 Advance Design, $19,515,000

10 Minor Repairs and Alterations, $257,151,000

11 Ω56æPage 37, line 20, strike out ø$2,204,628,000¿ and

12 insert: $2,173,000,000

13 Ω57æPage 37, line 22, strike out ø$1,323,689,000¿ and

14 insert: $1,309,525,000

15 Ω58æPage 37, line 23, strike out all after ‘‘expended’’

16 over to and including ‘‘prospectus’’ in line 13 on page 38

17 Ω59æPage 38, line 24, strike out all after ‘‘buildings’’

18 over to and including ‘‘prospectus’’ in line 8 on page 39

19 Ω60æPage 40, line 2, strike out ø$4,973,825,520¿ and

20 insert: $5,057,841,000

21 Ω61æPage 40, strike out all after line 7 over to and in22 cluding line 20 on page 42 and insert:
32

HR 4539 EAS1S

1 Of the funds made available under this heading in

2 Public Law 101–136, Public Law 101–509, Public Law

3 102–141, Public Law 102–393; and Public Law 103–123,

4 $88,658,000 are rescinded from the following projects in the

5 following amounts:

6 California:

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

8 Laboratory Buildings, $783,000

9 Sacramento, U.S. Courthouse and Federal

10 Building, $3,391,000

11 District of Columbia:

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

13 Federal Bureau of Investigation, Field office,

14 $5,679,000

15 White House remote delivery and vehicle mainte16 nance facility, $4,152,000

17 Florida:

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

19 Hollywood, Federal Building, $1,000,000

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

21 Tampa, U.S. Courthouse, $7,511,000

22 Indiana:

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

24 Iowa:

25 Burlington, Parking Facility, $2,400,000
33

HR 4539 EAS1S

1 Maryland:

2 Bowie, Bureau of Census, Computer Center,

3 $660,000

4 New Carrollton, Internal Revenue Service, Head5 quarters, $30,100,000

6 Minnesota:

7 Minneapolis, Federal Building and U.S. Court8 house, $4,197,000

9 New Hampshire:

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

11 New Jersey:

12 Newark, Federal Building, 20 Washington Plaza,

13 $327,000

14 North Dakota:

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

16 Pennsylvania:

17 Philadelphia, Veterans Affairs Federal Building,

18 $1,276,000

19 Tennessee:

20 Knoxville, U.S. Courthouse, $800,000

21 United States Virgin Islands:

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

23 and Annex, $2,184,000.

24 Ω62æPage 43, line 3, strike out all after ‘‘activities;’’

25 down to and including ‘‘12356;’’ in line 5
34

HR 4539 EAS1S

1 Ω63æPage 43, line 14, strike out all after ‘‘expenses;’’

2 down to and including ‘‘canceled’’ in line 16 and insert:

3 $130,036,000: Provided, That not less than $825,000 shall

4 be available for personnel and associated costs in support

5 of Congressional District and Senate State offices without

6 reimbursement from these offices

7 Ω64æPage 45, strike out all after line 23 over to and

8 including line 5 on page 46

9 Ω65æPage 48, after line 6 insert:

10 SEC. 11. The Administrator of General Services is au11 thorized hereafter to accept and retain any sponsor refunds,

12 rebates, volume discount payments, lump sum payments,

13 and other similar payments from contractors or other ven14 dors paid on or after October 1, 1993 which are related

15 to personal property or services provided or to be provided

16 through the General Supply Fund established under section

17 109 of the Federal Property and Administrative Services

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

19 the life of the program activity which generated the pay20 ment. Such payments are to be used to fund the direct and

21 indirect costs of providing personal property and

22 nonpersonal services related to that program activity.

23 Ω66æPage 48, line 17, strike out ø$2,420,000¿ and in24 sert: $1,989,000
35

HR 4539 EAS1S

1 Ω67æPage 48, after line 21, insert:

2 MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN

3 NATIONAL ENVIRONMENTAL POLICY FOUNDATION

4 FEDERAL PAYMENT TO MORRIS K. UDALL SCHOLARSHIP

5 AND EXCELLENCE IN NATIONAL ENVIRONMENTAL POL6 ICY FOUNDATION

7 For payment by the Secretary of the Treasury to the

8 Morris K. Udall Scholarship and Excellence in National

9 Environmental Trust Fund, to be available for purposes as

10 authorized by the Morris K. Udall Scholarship and Excel11 lence in National Environmental and Native American

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

13 $10,000,000, to remain available until expended.

14 Ω68æPage 49, line 2, strike out ø$194,638,000¿ and in15 sert: $200,238,000, of which $5,250,000 for allocations and

16 grants for historical publications and records as authorized

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

18 until expended

19 Ω69æPage 49, line 16, strike out all after ‘‘403(2)’’ down

20 to and including ‘‘canceled’’ in line 18

21 Ω70æPage 49, strike out lines 19 to 25

22 Ω71æPage 50, strike out lines 1 to 6
36

HR 4539 EAS1S

1 Ω72æPage 51, line 10, strike out all after ‘‘amended;’’

2 down to and including ‘‘$93,934,000’’ in line 11 and in3 sert: $111,778,000, of which not to exceed $1,000,000 shall

4 be made available for the establishment of health promotion

5 and disease prevention programs for Federal employees,

6 and in addition $92,504,000

7 Ω73æPage 56, line 1, strike out ø$33,650,000¿ and in8 sert: $34,427,000

9 Ω74æPage 60, line 25, strike out ø1994¿ and insert:

10 1995

11 Ω75æPage 62, strike out lines 4 to 7

12 Ω76æPage 65, strike out lines 10 to 13

13 Ω77æPage 65, strike out all after line 13 over to and

14 including line 2 on page 66

15 Ω78æPage 66, after line 2 insert:

16 SEC. 526. Where appropriations in this Act are ex17 pendable for travel expenses of employees and no specific

18 limitation has been placed thereon, the expenditures for

19 such travel expenses may not exceed the amount set forth

20 therefor in the budget estimates submitted for appropria21 tions without the advance approval of the House and Senate

22 Committees on Appropriations: Provided, That this section

23 shall not apply to travel performed by uncompensated offi-
37

HR 4539 EAS1S

1 cials of local boards and appeal boards in the Selective

2 Service System; to travel performed directly in connection

3 with care and treatment of medical beneficiaries of the De4 partment of Veterans Affairs; to travel of the Office of Per5 sonnel Management in carrying out its observation respon6 sibilities of the Voting Rights Act; or to payments to inter7 agency motor pools separately set forth in the budget sched8 ules.

9 Ω79æPage 66, after line 2 insert:

10 SEC. 527. LAW ENFORCEMENT EXCLUSION FROM

11 WORKFORCE RESTRUCTURING.

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

13 1, 1994, no reductions pursuant to Section 5(b) of the Fed14 eral Workforce Restructuring Act of 1994 (Public Law 103–

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

16 employees classified as law enforcement and law enforce17 ment support personnel in the Department of the Treasury.

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

19 law, regulation, Executive Order, guidance, or other direc20 tive imposing a restriction on hiring by executive agencies

21 for the purpose of achieving workforce reductions shall

22 apply to employees classified as law enforcement and law

23 enforcement support personnel in the Department of the

24 Treasury.
38

HR 4539 EAS1S

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

2 Workforce Restructuring Act shall not apply with respect

3 to any instances of voluntary separation incentive pay4 ments made to Treasury law enforcement personnel.

5 Ω80æPage 66, after line 2 insert:

6 SEC. 528. (a) Section 3056 paragraph(a), subpara7 graph (3) of Title 18, United States Code is amended by

8 adding to subparagraph (3) following the word ‘‘remar9 riage’’, ‘‘Unless the former President did not serve as Presi10 dent prior to January 1, 1997, in which case, former Presi11 dents and their spouses for a period of not more than ten

12 years from the date a former President leaves office, except

13 that—

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

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

16 a former President; and

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

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

19 spouse shall receive protection for one year from the

20 time of such death:

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

22 authority to direct the Secret Service to provide temporary

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

24 Secretary of Treasury or designee determines that informa25 tion or conditions warrant such protection’’.
39

HR 4539 EAS1S

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

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

3 text of paragraph (4), following the word ‘‘age’’ the follow4 ing, ‘‘for a period not to exceed ten years or upon the child

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

6 Ω81æPage 66, after line 2 insert:

7 SEC. 529. The Act entitled ‘‘an Act to provide retire8 ment, clerical assistants, and free mailing privileges to

9 former Presidents of the United States, and for other pur10 poses’’, approved August 25, 1958. (Public Law 85–745; 72

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

12 adding at the end thereof the following new subsection:

13 ‘‘(g) There are authorized to be appropriated to the

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

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

16 former President each fiscal year for security and travel

17 related expenses: Provided, That under the provisions set

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

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

20 spouse was not receiving protection for a lifetime provided

21 by the United States Secret Service under Section 3056

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

23 Code; the protection provided by the United States Secret

24 Service expired at its designated time; or the protection pro-
40

HR 4539 EAS1S

1 vided by the United States Secret Service was declined

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

3 Ω82æPage 66, after line 2 insert:

4 SEC. 530. CONTINUATION OF ALLOWANCE RATES FOR FED5 ERAL EMPLOYEES STATIONED OUTSIDE THE

6 CONTINENTAL UNITED STATES OR IN ALAS7 KA.

8 The allowances provided to employees at rates set

9 under section 5941 of title 5, United States Code, and Exec10 utive Order Numbered 10000 as in effect on the date of the

11 enactment of this Act may not be reduced during the period

12 beginning on the date of the enactment of this Act through

13 December 31, 1996: Provided, That no later than March

14 1, 1996, the Office of Personnel Management shall conduct

15 a study and submit a report to the Congress proposing ap16 propriate changes in the method of fixing compensation for

17 affected employees, including any necessary legislative

18 changes. Such study shall include—

19 (1) an examination of the pay practices of other

20 employers in the affected areas;

21 (2) a consideration of alternative approaches to

22 dealing with the unusual and unique circumstances of

23 the affected areas, including modifications to the cur24 rent methodology for calculating allowances to take
41

HR 4539 EAS1S

1 into account all costs of living in the geographic areas

2 of the affected employees; and

3 (3) an evaluation of the likely impact of the dif4 ferent approaches on the Government’s ability to re5 cruit and retain a well-qualified workforce.

6 For the purpose of conducting such study and preparing

7 such report, the Office may accept and utilize funds made

8 available to the Office pursuant to court approval.

9 Ω83æPage 70, after line 25 insert:

10 (3) Other employee programs as authorized by

11 law or as deemed appropriate by the head of the Fed12 eral agency.

13 Ω84æPage 74, strike out all after line 21 over to and

14 including line 18 on page 77 and insert:

15 SEC. 617. (a)(1) Notwithstanding any other provision

16 of law, no part of any of the funds appropriated for the

17 fiscal year ending on September 30, 1995, by this or any

18 other Act, may be used to pay any prevailing rate employee

19 described in section 5342(a)(2)(A) of title 5, United States

20 Code—

21 (A) during that portion of fiscal year 1995

22 which precedes the normal effective date of the appli23 cable wage survey adjustment, in an amount that ex24 ceeds the rate payable for the applicable grade and

25 step of the applicable wage schedule in accordance
42

HR 4539 EAS1S

1 with section 615 of the Treasury, Postal Service, and

2 General Government Appropriations Act, 1994, on the

3 last day of the limitation imposed by such section

4 615; and

5 (B) during the period from the normal effective

6 date of the applicable wage survey adjustment until

7 the end of fiscal year 1995, in an amount that exceeds

8 the maximum rate allowable under subparagraph (A)

9 by more than the amount determined under para10 graph (2).

11 (2)(A) If, during fiscal year 1995, employees under the

12 General Schedule receive an increase in the amount of local13 ity-based comparability payments under section 5304 of

14 title 5, United States Code, but do not receive a pay adjust15 ment under section 5303 of such title, the applicable

16 amount under this paragraph shall be equal to the dif17 ference, if any, between the overall percentage of the local18 ity-based comparability payments taking effect in fiscal

19 year 1995 under that section (whether by adjustment or oth20 erwise), and the overall percentage of such payments which

21 was effective in fiscal year 1994 under such section.

22 (B) If, during fiscal year 1995, employees under the

23 General Schedule receive a pay adjustment under section

24 5303 of title 5, United States Code, and an increase in the

25 amount of locality-based comparability payments under
43

HR 4539 EAS1S

1 section 5304 of such title, the applicable amount under this

2 paragraph shall be equal to—

3 (i) the amount determined under subparagraph

4 (A); and

5 (ii) the amount resulting from an increase of an

6 equal percentage to the increase under such section

7 5303.

8 (C) If, during fiscal year 1995, employees under the

9 General Schedule receive a pay adjustment under section

10 5303 of title 5, United States Code, but do not receive an

11 increase in the amount of locality-based comparability pay12 ments under section 5304 of such title, the applicable

13 amount shall be equal to the amount resulting from an in14 crease of an equal percentage to the increase under such

15 section 5303.

16 (D) The applicable amount under this paragraph shall

17 be zero if neither subparagraph (A), subparagraph (B), nor

18 subparagraph (C) applies.

19 (3) The Office of Personnel Management shall discuss

20 with and consider the views of the Federal Prevailing Rate

21 Advisory Committee in carrying out the Offices’s respon22 sibilities with respect to this paragraph.

23 (b) Notwithstanding any other provision of law, no

24 prevailing rate employee described in subparagraph (B) or

25 (C) of section 5342(a)(2) of title 5, United States Code, and
44

HR 4539 EAS1S

1 no employee covered by section 5348 of such title, may be

2 paid during the periods for which subsection (e) is in effect

3 at a rate that exceeds the rates that would be payable under

4 subsection (a) were subsection (a) applicable to such em5 ployee.

6 (c) For the purposes of this section, the rates payable

7 to an employee who is covered by this section and who is

8 paid from a schedule that was not in existence on Septem9 ber 30, 1994, shall be determined under regulations pre10 scribed by the Office of Personnel Management.

11 (d) Notwithstanding any other provision of law, rates

12 of premium pay for employees subject to this section may

13 not be changed from the rates in effect on September 30,

14 1994, except to the extent determined by the Office of Per15 sonnel Management to be consistent with the purpose of this

16 section.

17 (e) The provisions of this section shall apply with re18 spect to pay for services performed by any affected employee

19 on or after October 1, 1994.

20 (f) For the purpose of administering any provision of

21 law (including section 5342(a)(2) of title 5, United States

22 Code, and any rule or regulation, that provides premium

23 pay, retirement, life insurance, or any other employee bene24 fit) that requires any deduction or contribution, or that im25 poses any requirement or limitation, on the basis of a rate
45

HR 4539 EAS1S

1 of salary or basic pay, the rate of salary or basic pay pay2 able after the application of this section shall be treated as

3 the rate of salary or basic pay.

4 (g) Nothing in this section shall be considered to per5 mit or require the payment in any employee covered by this

6 section at a rate in excess of the rate that would be payable

7 were this section not in effect.

8 (h) The Office of Personnel Management may provide

9 for exceptions to the limitations imposed by this section if

10 the Office determines that such exceptions are necessary to

11 ensure the recruitment and retention of qualified employees.

12 (i) The Office of Personnel Management may prescribe

13 any regulations which may be necessary to carry out this

14 section.

15 Ω85æPage 81, strike out all after line 12 over to and

16 including line 12 on page 82

17 Ω86æPage 85, after line 23 insert:

18 SEC. 628A. (a) Beginning in fiscal year 1995 and

19 thereafter, for each Federal agency, except the Department

20 of Defense, and except as provided in Public Law 102–393,

21 Title IV, section 13 (40 U.S.C. sec 490g) with respect to

22 the Fund established pursuant to 40 U.S.C. 490(f) an

23 amount equal to 50 percent of—

24 (1) the amount of each utility rebate received by

25 the agency for energy efficiency and water conserva-
46

HR 4539 EAS1S

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 Ω87æPage 88, strike out all after line 10 over to and

21 including line 7 on page 89

22 Ω88æPage 89, strike out all after line 7 over to and in23 cluding line 7 on page 90

24 Ω89æPage 90, line 10, strike out øin¿ and insert: on
47

HR 4539 EAS1S

1 Ω90æPage 90, line 15, after ‘‘(SF–86)’’ insert: or equiva2 lent form

3 Ω91æPage 90, line 16, after ‘‘not,’’ insert: within

4 Ω92æPage 90, line 21, strike out øWhite House¿ and in5 sert: access

6 Ω93æPage 90, after line 24 insert:

7 SEC. 633. SPECIAL PAY ADJUSTMENTS FOR CERTAIN MEM8 BERS OF THE SECRET SERVICE.

9 Any pay adjustment under section 5305 of title 5,

10 United States Code, to an individual who is employed as

11 a law enforcement officer by the United States Secret Serv12 ice Uniformed Division shall be considered to be a perma13 nent part of basic pay for all purposes, including the com14 putation of locality-based comparability payments under

15 section 5304 of such title and making special pay adjust16 ments for law enforcement officers in selected cities under

17 section 404 of the Federal Law Enforcement Pay Reform

18 Act of 1990 (5 U.S.C. 5305 note; Public Law 101–509; 104

19 Stat. 1467).

20 Ω94æPage 90, after line 24 insert:

21 SEC. 634. LAW ENFORCEMENT OFFICERS AVAILABILITY PAY.

22 (a) SHORT TITLE.—This section may be cited as the

23 ‘‘Law Enforcement Officers Availability Pay Act of 1994’’.

24 (b) LAW ENFORCEMENT AVAILABILITY PAY.—
48

HR 4539 EAS1S

1 (1) IN GENERAL.—Chapter 55 of title 5, United

2 States Code, is amended by inserting after section

3 5545 the following new section:

4 ‘‘§ 5545a. Law enforcement availability pay

5 ‘‘(a) For purposes of this section—

6 ‘‘(1) the term ‘available’ refers to the availability

7 of a law enforcement officer and means that an officer

8 shall be considered generally and reasonably accessible

9 by the agency employing such officer to perform du10 ties based on the needs of an agency;

11 ‘‘(2) the term ‘law enforcement officer’ means a

12 law enforcement officer as defined under section

13 5541(3) (other than a special agent in the Diplomatic

14 Security Service) who is required to—

15 ‘‘(A) possess a knowledge of investigative

16 techniques, laws of evidence, rules of criminal

17 procedure, and precedent court decisions concern18 ing admissibility of evidence, constitutional

19 rights, search and seizure, and related issues;

20 ‘‘(B) recognize, develop, and present evi21 dence that reconstructs events sequences and time

22 elements for presentation in various legal hear23 ings and court proceedings;

24 ‘‘(C) demonstrate skills in applying surveil25 lance techniques, undercover work, and advising
49

HR 4539 EAS1S

1 and assisting the United States Attorney in and

2 out of court;

3 ‘‘(D) demonstrate the ability to apply the

4 full range of knowledge, skills, and abilities nec5 essary for cases which are complex and unfold

6 over a long period of time (as distinguished from

7 certain other occupations that require the use of

8 some investigative techniques in short-term situ9 ations that may end in arrest or detention);

10 ‘‘(E) possess knowledge of criminal laws

11 and Federal rules of procedure which apply to

12 cases involving crimes against the United States,

13 including—

14 ‘‘(i) knowledge of the elements of a

15 crime;

16 ‘‘(ii) evidence required to prove the

17 crime;

18 ‘‘(iii) decisions involving arrest au19 thority;

20 ‘‘(iv) methods of criminal operations;

21 and

22 ‘‘(v) availability of detection devices;

23 and

24 ‘‘(F) possess the ability to follow leads that

25 indicate a crime will be committed rather than
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1 initiate an investigation after a crime is com2 mitted;

3 ‘‘(3) the term ‘unscheduled duty hours’ means

4 duty hours a law enforcement officer works, or is de5 termined to be available for work, that are not—

6 ‘‘(A) hours that are part of the 40 hours in

7 an administrative work week of the officer; or

8 ‘‘(B) overtime hours paid under section

9 5542; and

10 ‘‘(4) the term ‘work day’ means each day in the

11 officer’s administrative work week during which the

12 officer works at least 4 hours that are not overtime

13 hours paid under section 5542 or hours considered

14 part of section 5545(a).

15 ‘‘(b) The purpose of this section is to provide premium

16 pay to law enforcement officers to ensure the availability

17 of law enforcement officers for unscheduled duty in excess

18 of a 40-hour work week based on the needs of the employing

19 agency.

20 ‘‘(c) Each law enforcement officer shall be paid law

21 enforcement availability pay as provided under this section.

22 Availability pay shall be paid to ensure the availability of

23 the officer for all hours of duty in excess of a 40-hour work

24 week, except for regularly scheduled overtime as computed

25 under section 5542, night duty, Sunday duty, and holiday
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1 duty. The officer is generally responsible for recognizing,

2 without supervision, circumstances which require the officer

3 to be on duty or be available for duty for more than 40

4 hours in each work week agency based on the needs of the

5 agency. Availability pay provided to a law enforcement of6 ficer for such unscheduled duty shall be instead of premium

7 pay provided by other provisions of this subchapter.

8 ‘‘(d)(1) A law enforcement officer shall be paid avail9 ability pay, if the average of hours described under para10 graph (2) (A) and (B) is equal to or greater than 2 hours.

11 ‘‘(2) The hours referred to under paragraph (1) are—

12 ‘‘(A) the annual average of unscheduled hours

13 worked by the officer in excess of each regular 8-hour

14 work day; and

15 ‘‘(B) the annual average of unscheduled hours

16 such officer is available to work in excess of each reg17 ular 8-hour work day upon the request of the employ18 ing agency.

19 ‘‘(3) Unscheduled duty hours as described under this

20 subsection, which are worked by an officer on days that are

21 not regular work days shall be considered in the calculation

22 of the annual average of unscheduled duty hours worked or

23 available for purposes of certification.

24 ‘‘(4) An officer shall be considered to be available when

25 the officer cannot be reasonably and generally accessible due
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1 to a status or assignment which is the result of an agency

2 direction, order, or approval as provided under subsection

3 (f)(1).

4 ‘‘(e)(1) Each officer receiving availability pay under

5 this section and the appropriate supervisory officer, to be

6 designated by the head of the agency, shall make an annual

7 certification to the head of the agency that the officer has

8 met the requirements of subsection (d). The head of a law

9 enforcement agency may prescribe regulations necessary to

10 administer this subsection.

11 ‘‘(2) Involuntary reduction in pay resulting from a de12 nial of certification under paragraph (1) shall be a reduc13 tion in pay for purposes of section 7512(4) of this title.

14 ‘‘(f)(1) A law enforcement officer who is eligible for

15 availability pay shall receive such pay during any period

16 such officer is—

17 ‘‘(A) attending agency sanctioned training;

18 ‘‘(B) on agency approved sick leave or annual

19 leave;

20 ‘‘(C) on agency ordered travel status;

21 ‘‘(D) on agency approved relocation status; or

22 ‘‘(E) on relocation leave.

23 ‘‘(2) Agencies or departments may provide availability

24 pay to officers during training which is considered initial,
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1 basic training usually provided in the first year of service

2 or when on administrative leave with pay.

3 ‘‘(g) Section 5545(c) shall not apply to any law en4 forcement officer who is paid availability pay.

5 ‘‘(h) Availability pay under this section shall be—

6 ‘‘(1) 25 percent of the rate of basic pay on an

7 annual basis for the position; and

8 ‘‘(2) treated as part of basic pay for purposes

9 of—

10 ‘‘(A) sections 5595(c), 8114(e), 8331(3),

11 8431, and 8704(c); and

12 ‘‘(B) such other purposes as may be ex13 pressly provided for by law or as the Office of

14 Personnel Management may by regulation pre15 scribe.’’.

16 (2) LIMITATION ON PREMIUM PAY.—Section

17 5547(a) of title 5, United States Code, is amended in

18 the first sentence by inserting ‘‘5545a,’’ after ‘‘5545

19 (a), (b), and (c),’’.

20 (3) TECHNICAL AND CONFORMING AMEND21 MENT.—The table of sections for chapter 55 of title 5,

22 United States Code, is amended by inserting after the

23 item relating to section 5545 the following new item:

‘‘5545a. Law enforcement availability pay.’’.

24 (c) COMPUTATION OF OVERTIME RATES.—Section

25 5542 of title 5, United States Code, is amended—
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1 (1) in subsection (a) in the first sentence by in2 serting ‘‘(or in excess of 10 hours a day as provided

3 under subsection (d))’’ after ‘‘excess of 8 hours a day’’;

4 and

5 (2) by adding at the end thereof the following

6 new subsection:

7 ‘‘(d)(1) In the case of any law enforcement officer who

8 is paid availability pay under section 5545a, overtime pay

9 shall be paid as computed under subsection (a) and in ac10 cordance with paragraph (4). All other overtime work by

11 a law enforcement officer shall be compensated under sec12 tion 5545a.

13 ‘‘(2) In any work week in which a law enforcement

14 officer who is paid availability pay under section 5545a

15 works a 40-hour regular work week, the officer shall be paid

16 scheduled overtime pay for each hour such officer is sched17 uled to work—

18 ‘‘(A) on a regularly scheduled work day in excess

19 of 10 hours; and

20 ‘‘(B) on a day on which such officer was sched21 uled not to work and which is not part of the officer’s

22 basic 40-hour work week.’’.

23 (d) EXEMPTIONS FROM CERTAIN FAIR LABOR STAND24 ARDS.—Section 13 of the Fair Labor Standards Act of 1938

25 (29 U.S.C. 213) is amended—
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1 (1) in subsection (a)—

2 (A) in paragraph (15) by striking out the

3 period and inserting in lieu thereof a semicolon

4 and ‘‘or’’; and

5 (B) by adding at the end thereof the follow6 ing new paragraph:

7 ‘‘(16) a law enforcement officer as defined under

8 section 5545a(a) of title 5, United States Code.’’; and

9 (2) in subsection (b)—

10 (A) in paragraph (28) by striking out ‘‘or’’

11 after the semicolon;

12 (B) in paragraph (29) by striking out the

13 period and inserting in lieu thereof a semicolon

14 and ‘‘or’’; and

15 (C) by adding at the end thereof the follow16 ing new paragraph:

17 ‘‘(30) a law enforcement officer as defined under

18 section 5545a(a) of title 5, United States Code.’’.

19 (e) EFFECTIVE DATE.—The provisions of this section

20 and the amendments made by this section shall take effect

21 on the first day of the first applicable pay period beginning

22 on or after October 1, 1994.

23 Ω95æPage 90, after line 24 insert:

24 SEC. 635. (a) Beginning in fiscal year 1995 and there25 after, for each Federal agency, except the Department of De-
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1 fense, and except as provided in Public Law 102–393, title

2 IV, section 13 (40 U.S.C. 490g) with respect to the Fund

3 established pursuant to 40 U.S.C. 490(f) an amount equal

4 to 50 percent of—

5 (1) the amount of each utility rebate received by

6 the agency for energy efficiency and water conserva7 tion measures, which the agency has implemented;

8 and

9 (2) the amount of the agency’s share of the meas10 ured energy savings resulting from energy savings

11 performance contracts

12 may be retained and credited to accounts that fund energy

13 and water conservation activities at the agency’s facilities,

14 and shall remain available until expended for additional

15 specific energy efficiency or water conservation projects or

16 activities, including improvements and retrofits, facility

17 surveys, additional or improved utility metering, and em18 ployee training and awareness programs, as authorized by

19 section 152(f) of the Energy Policy Act (Public Law 102–

20 486).

21 (b) The remaining 50 percent of each rebate, and the

22 amount of the agency’s share of savings from energy savings

23 performance contracts shall be transferred to the general

24 fund of the treasury at the end of the fiscal year in which

25 received.
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1 Ω96æPage 90, after line 24 insert:

2 SEC. 636. (a) Section 5704 of title 5, United States

3 Code, is amended to read as follows:

4 ‘‘(a)(1) Under regulations prescribed under section

5 5707 of this title, an employee who is engaged on official

6 business for the Government is entitled to a rate per mile

7 established by the Administrator of General Services, in8 stead of the actual expenses of transportation, for the use

9 of a privately owned automobile when that mode of trans10 portation is authorized or approved as more advantageous

11 to the Government. In any year in which the Internal Reve12 nue Service establishes a single standard mileage rate for

13 optional use by taxpayers in computing the deductible costs

14 of operating their automobiles for business purposes, the

15 rate per mile established by the Administrator shall not ex16 ceed the single standard mileage rate established by the In17 ternal Revenue Service.

18 ‘‘(2) Under regulations prescribed under section 5707

19 of this title, an employee who is engaged on official business

20 for the Government is entitled to a rate per mile established

21 by the Administrator of General Services, instead of the ac22 tual expenses of transportation, for the use of a privately

23 owned airplane or a privately owned motorcycle when that

24 mode of transportation is authorized or approved as more

25 advantageous to the Government.
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1 ‘‘(b) A determination that travel by a privately owned

2 vehicle is more advantageous to the Government is not re3 quired under subsection (a) of this section when payment

4 on a mileage basis is limited to the cost of travel by common

5 carrier including per diem.

6 ‘‘(c) Notwithstanding the provisions of subsections (a)

7 and (b) of this section, in any case in which an employee

8 who is engaged on official business for the Government

9 chooses to use a privately owned vehicle in lieu of a Govern10 ment vehicle, payment on a mileage basis is limited to the

11 cost of travel by a Government vehicle.

12 ‘‘(d) In addition to the rate per mile authorized under

13 subsection (a) of this section, the employee may be reim14 bursed for—

15 ‘‘(1) parking fees;

16 ‘‘(2) ferry fees;

17 ‘‘(3) bridge, road, and tunnel costs; and

18 ‘‘(4) airplane landing and tie-down fees.’’.

19 (b) Section 5707(b) of title 5, United States Code, is

20 amended to read as follows:

21 ‘‘(b) The Administrator of General Services shall pre22 scribe the mileage reimbursement rates for use on official

23 business of privately owned airplanes, privately owned

24 automobiles, and privately owned motorcycles while en-
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1 gaged on official business as provided for in section 5704

2 of this title as follows:

3 ‘‘(1)(A) The Administrator of General Services,

4 in consultation with the Comptroller General of the

5 United States, the Secretary of Transportation, the

6 Secretary of Defense, and representatives of organiza7 tions of employees of the Government, shall conduct

8 periodic investigations of the cost of travel and the

9 operation of privately owned vehicles to employees

10 while engaged on official business, and shall report

11 the results of such investigations to Congress at least

12 once a year.

13 ‘‘(B) In conducting the periodic investigations,

14 the Administrator shall review and analyze among

15 other factors—

16 ‘‘(i) depreciation of original vehicle cost;

17 ‘‘(ii) gasoline and oil (excluding taxes);

18 ‘‘(iii) maintenance, accessories, parts, and

19 tires;

20 ‘‘(iv) insurance; and

21 ‘‘(v) State and Federal taxes.

22 ‘‘(2)(A) The Administrator shall issue regula23 tions under this section which—

24 ‘‘(i) shall prescribe a mileage reimburse25 ment rate which reflects the current costs as de-
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1 termined by the Administrator of operating pri2 vately owned automobiles, and which shall not

3 exceed, as provided in section 5704(a)(1) of this

4 title, the single standard mileage rate established

5 by the Internal Revenue Service, and

6 ‘‘(ii) shall prescribe mileage reimbursement

7 rates which reflect the current costs as deter8 mined by the Administrator of operating pri9 vately owned airplanes and motorcycles.

10 ‘‘(B) At least once each year after the issuance

11 of the regulations described in subparagraph (A) of

12 this paragraph, the Administrator shall determine,

13 based upon the results of the cost investigation, spe14 cific figures, each rounded to the nearest half cent, of

15 the average, actual cost per mile during the period for

16 the use of a privately owned airplane, automobile,

17 and motorcycle.

18 ‘‘(C) The Administrator shall report the specific

19 figures to Congress not later than five working days

20 after the Administrator makes the cost determination.

21 Each such report shall be printed in the Federal Reg22 ister.

23 ‘‘(D) The mileage reimbursement rates contained

24 in the regulations prescribed under this section shall

25 be adjusted within thirty days following the submis-
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1 sion of the report under subparagraph (C) of this

2 paragraph.’’.

3 (c) Section 5707 of title 5, United States Code, is

4 amended by striking paragraph (c)(2), and redesignating

5 (c)(1) as subsection (c).

6 Ω97æPage 90, after line 24 insert:

7 SEC. 637. SENSE OF THE SENATE REGARDING CANADA’S RE8 STRICTIONS ON IMPORTS OF UNITED STATES

9 CHICKENS.

10 (a) FINDINGS.—The Senate makes the following find11 ings:

12 (1) The United States chicken industry is a

13 highly competitive and growing industry which em14 ploys over 200,000 people, has over 25,000 family

15 farms, and has significant production in over 28

16 States.

17 (2) United States exports of chickens grew by 32

18 percent in volume in 1993 and exports are increas19 ingly important to the continued economic vitality of

20 the chicken industry.

21 (3) Canada’s chicken supply management system

22 has severely limited the importation of United States

23 chickens to Canada since it was imposed over 15

24 years ago, and its elimination would lead to between

25 $350,000,000 and $700,000,000 in new exports to
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1 Canada and between 7,000 and 14,000 new jobs in

2 the United States.

3 (4) Canada’s chicken supply management system

4 protects Canadian chicken growers while seriously

5 hurting both United States and Canadian food proc6 essors, retailers, and consumers.

7 (5) The United States and Canada have a free

8 trade agreement which calls for the elimination of all

9 tariffs and prohibits the imposition of new tariffs on

10 any goods traded bilaterally.

11 (6) The goals of the Uruguay Round Agreement

12 on Agriculture are to liberalize and expand trade in

13 agriculture and to eliminate distortions to such trade.

14 (7) Canada refused to negotiate the issue of

15 elimination of its severe trade restrictions on the im16 portation of United States chickens as part of the

17 North American Free Trade Agreement (hereafter re18 ferred to as ‘‘NAFTA’’) because the issue was part of

19 the global trade negotiations under the Uruguay

20 Round.

21 (8) The Uruguay Round has now concluded and

22 the former and current United States Trade Rep23 resentative, as well as other key cabinet-level officials,

24 have stated that Canada will be in violation of its
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1 NAFTA obligations if it does not eliminate its newly

2 imposed tariffs on chickens.

3 (9) The United States chicken industry has wait4 ed patiently for access to Canadian markets, which

5 would be the United States largest export market for

6 chickens if it were fully open.

7 (10) NAFTA should lead to free and completely

8 open trade for the chicken industry between the Unit9 ed States and Canada, as it will between the United

10 States and Mexico.

11 (11) The United States and Canada are cur12 rently holding discussions to resolve this and other bi13 lateral agricultural matters.

14 (b) SENSE OF THE SENATE.—It is the sense of the Sen15 ate that—

16 (1) the United States should reserve all current

17 and future rights to bring Canada into compliance

18 with its tariff obligations under NAFTA, including

19 the use of bilateral or multilateral dispute settlement

20 proceedings; and

21 (2) any agreement that is negotiated between the

22 United States and Canada on chickens should lead

23 to—

24 (A) substantial and immediate new market

25 access opportunities for United States chicken
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1 exports in excess of the levels that have already

2 been achieved; and

3 (B) a commitment from Canada before the

4 effective date of the Uruguay Round Agreements

5 which—

6 (i) establishes a timeframe for the

7 elimination of all of Canada’s tariffs on

8 chickens; and

9 (ii) provides for growth in market ac10 cess levels for United States chicken exports

11 to Canada during the period such tariffs

12 are being phased out.

13 Ω98æPage 90, after line 24 insert:

14 SEC. 638. No part of any appropriation contained in

15 this Act may be used to pay for the expenses of travel of

16 employees, including employees of the Executive Office of

17 the President, or other individuals, not directly responsible

18 for the discharge of the official Governmental tasks and du19 ties for which the travel is undertaken: Provided, That this

20 restriction shall not apply to the family of the President,

21 Members of Congress, Heads of State of a foreign country

22 or their designee(s), persons providing assistance to the

23 President for official purposes, or other individuals so des24 ignated by the President. The name and expense of travel
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1 of anyone so designated by the President shall be disclosed

2 to the Congress.

3 Ω99æPage 90, after line 24 insert:

4 SEC. 639. CONGRESSIONAL AWARD PROGRAM MEDALS.

5 Section 3 of the Congressional Award Act (2 U.S.C.

6 802) is amended—

7 (1) in subsection (a)—

8 (A) by striking ‘‘gold, silver, and bronze’’;

9 and

10 (B) by striking the last sentence and insert11 ing the following: ‘‘Each medal shall consist of

12 gold-plate over bronze, rhodium over bronze, or

13 bronze and shall be struck in accordance with

14 subsection (f).’’; and

15 (2) by adding at the end the following new sub16 section:

17 ‘‘(f) CONGRESSIONAL AWARD PROGRAM MEDALS.—

18 ‘‘(1) DESIGN AND STRIKING.—The Secretary of

19 the Treasury shall strike the medals described in sub20 section (a) and awarded by the Board under this Act.

21 Subject to subsection (a), the medals shall be of such

22 quantity, design, and specifications as the Secretary

23 of the Treasury may determine, after consultation

24 with the Board.
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1 ‘‘(2) NATIONAL MEDALS.—The medals struck

2 pursuant to this Act are national medals for purposes

3 of chapter 51 of title 31, United States Code.

4 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—

5 There are authorized to be charged against the Nu6 mismatic Public Enterprise Fund such amounts as

7 may be necessary to pay for the cost of the medals

8 struck pursuant to this Act.’’.

9 Ω100æPage 90, after line 24 insert:

10 SEC. 640. Notwithstanding any provision of law, the

11 President, or his designee, must certify to Congress, annu12 ally, that no person or persons with direct or indirect re13 sponsibility for administering the Executive Office of the

14 President’s Drug-Free Workplace Plan are themselves sub15 ject to a program of individual random drug testing.

16 Ω101æPage 90, after line 24 insert:

17 SEC. 641. Section 3626, paragraph (j)(1), subpara18 graph (D), of Title 39, United States Code is amended by—

19 (a) deleting the final ‘‘.’’ from (II) and adding

20 ‘‘; and’’;

21 (b) and adding ‘‘(III) clause (i) shall not apply

22 to space advertising in mail matter that otherwise

23 qualifies for rates under former section 4452(b) or

24 4452(c) of this title, and satisfies the content require25 ments established by the Postal Service for periodical
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1 publications: Provided, That such changes in law

2 shall take effect if the Congress does not enact legisla3 tion on this subject matter prior to October 1, 1995:

4 Provided further, That the Postal Service shall not

5 implement any rule or regulation to enforce section

6 3626(j)(1)(D)(i) of title 39, United States Code, prior

7 to September 30, 1995.’’.

8 Ω102æPage 90, after line 24 insert:

9 SEC. 642. (a) The Office of Management and Budget

10 shall report to the Congress no later than October 1, 1994,

11 for each agency for which the budgetary resources available

12 to the agency in fiscal year 1995 would be canceled in an

13 appropriations Act to achieve savings in procurement and

14 procurement-related expenses, of the manner in which these

15 savings are to be achieved.

16 (b) Notwithstanding any other provision of law, each

17 agency for which the budgetary resources available to the

18 agency in fiscal year 1995 would be canceled in an appro19 priations Act to achieve savings in procurement and pro20 curement-related expenses, such cancellation shall occur on

21 October 31, 1994, or 30 days after the Office of Management

22 and Budget submits the report required by subsection (a)

23 of this section, whichever date is earlier.

24 Ω103æPage 90, after line 24 insert:
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1 SEC. 643. No part of any appropriation contained in

2 this Act shall be made available for leases, line-item con3 struction, repairs, or alterations projects in this Act that

4 are subject to section 7(a) of the Public Buildings Act of

5 1959 (40 U.S.C. 606(a)) unless the Administrator of the

6 General Services Administration certifies to the Committee

7 on Environment and Public Works of the Senate and the

8 Committee on Public Works of the House of Representatives

9 that such expenditures are prudent, reasonable, and nec10 essary.

Attest:

Secretary.
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HR 4539 EAS1S——3

HR 4539 EAS1S——4

HR 4539 EAS1S——5

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