IB

104TH CONGRESS

1ST SESSION H. R. 2020

IN THE HOUSE OF REPRESENTATIVES

AUGUST 7, 1995

Ordered to be printed with the amendments of the Senate numbered

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, 1996, 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 Inde7 pendent Agencies, for the fiscal year ending September 30,

8 1996, and for other purposes, namely:
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1 TITLE I—DEPARTMENT OF THE TREASURY

2 DEPARTMENTAL OFFICES

3 SALARIES AND EXPENSES

4 For necessary expenses of the Departmental Offices

5 including operation and maintenance of the Treasury

6 Building and Annex; hire of passenger motor vehicles;

7 maintenance, repairs, and improvements of, and purchase

8 of commercial insurance policies for, real properties leased

9 or owned overseas, when necessary for the performance

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

11 travel expenses; not to exceed $2,950,000 to remain avail12 able until Ω1æSeptember 30, 1998, shall be available ex13 pended for information technology modernization require14 ments; not to exceed $150,000 for official reception and

15 representation expenses; not to exceed $258,000 for un16 foreseen emergencies of a confidential nature, to be allo17 cated and expended under the direction of the Secretary

18 of the Treasury and to be accounted for solely on his cer19 tificate; Ω2æ$104,000,500 $110,929,000, of which

20 $5,000,000 shall be transferred to States covered by the Na21 tional Voter Registration Act of 1993, to be expended by

22 such States for costs associated with the implementation of

23 the National Voter Registration Act of 1993, with such

24 funds disbursed to such States on the basis of the number

25 of registered voters in each State on July 1, 1995, in rela-
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1 tion to the number of registered voters in all States on such

2 date: Provided, That no further funds in addition to the

3 $5,000,000 so transferred, may be transferred by the Sec4 retary to the States for costs associated with the implemen5 tation of the National Voter Registration Act of 1993, dur6 ing fiscal year 1996.

7 Ω3æTREASURY BUILDING AND ANNEX REPAIR AND

8 RESTORATION

9 For the repair, alteration, and improvement of the

10 Treasury Building and annex, $7,684,000, to remain avail11 able until expended.

12 OFFICE OF INSPECTOR GENERAL

13 SALARIES AND EXPENSES

14 For necessary expenses of the Office of Inspector

15 General in carrying out the provisions of the Inspector

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

17 vehicles; not to exceed $2,000,000 for official travel ex18 penses; not to exceed $100,000 for unforeseen emer19 gencies of a confidential nature, to be allocated and ex20 pended under the direction of the Inspector General of the

21 Treasury; Ω4æ$29,319,000 $30,067,000.

22 Ω5æTREASURY FORFEITURE FUND

23 For necessary expenses of the Treasury Forfeiture

24 Fund, as authorized by Public Law 102–393, not to exceed

25 $15,000,000, to be derived from deposits in the Fund.
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1 FINANCIAL CRIMES ENFORCEMENT NETWORK

2 SALARIES AND EXPENSES

3 For necessary expenses of the Financial Crimes En4 forcement Network, including hire of passenger motor ve5 hicles; Ω6ætravel expenses of non-Federal personnel to at6 tend meetings concerned with financial intelligence activi7 ties, law enforcement, and financial regulation; not to ex8 ceed $14,000 for official reception and representation ex9 penses Ω7æ$20,273,000: Provided, That notwithstanding

10 any other provision of law, the Director of the Financial

11 Crimes Enforcement Network may procure up to

12 $500,000 in specialized, unique or novel automatic data

13 processing equipment, ancillary equipment, software, serv14 ices, and related resources from commercial vendors with15 out regard to otherwise applicable procurement laws and

16 regulations and without full and open competition, utiliz17 ing procedures best suited under the circumstances of the

18 procurement to efficiently fulfill the agency’s require19 ments: Provided further, That funds appropriated in this

20 account may be used to procure personal services con21 tracts $22,198,000.

22 FEDERAL LAW ENFORCEMENT TRAINING CENTER

23 SALARIES AND EXPENSES

24 For necessary expenses of the Federal Law Enforce25 ment Training Center, as a bureau of the Department of
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1 the Treasury, including materials and support costs of

2 Federal law enforcement basic training; purchase (not to

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

4 motor vehicles; for expenses for student athletic and relat5 ed activities; uniforms without regard to the general pur6 chase price limitation for the current fiscal year; the con7 ducting of and participating in firearms matches and pres8 entation of awards; for public awareness and enhancing

9 community support of law enforcement training; not to ex10 ceed $7,000 for official reception and representation ex11 penses; room and board for student interns; and services

12 as authorized by 5 U.S.C. 3109: Provided, That the Cen13 ter is authorized to accept and use gifts of property, both

14 real and personal, and to accept services, for authorized

15 purposes, including funding of a gift of intrinsic value

16 which shall be awarded annually by the Director of the

17 Center to the outstanding student who graduated from a

18 basic training program at the Center during the previous

19 fiscal year, which shall be funded only by gifts received

20 through the Center’s gift authority: Provided further, That

21 notwithstanding any other provision of law, students at22 tending training at any Federal Law Enforcement Train23 ing Center site shall reside in on-Center or Center-pro24 vided housing, insofar as available and in accordance with

25 Center policy: Provided further, That funds appropriated
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1 in this account shall be available for training United

2 States Postal Service law enforcement personnel and Post3 al police officers, at the discretion of the Director; State

4 and local government law enforcement training on a space5 available basis; training of foreign law enforcement offi6 cials on a space-available basis with reimbursement of ac7 tual costs to this appropriation Ω8æ(except that the Direc8 tor may waive reimbursement and may pay travel ex9 penses, not to exceed 75 percent of the total training and

10 travel cost, when the Director determines that it is in the

11 public interest to do so); training of private sector security

12 officials on a space-available basis with reimbursement of

13 actual costs to this appropriation; travel expenses of non14 Federal personnel to attend State and local course devel15 opment meetings at the Center: Provided further, That the

16 Center is authorized to obligate funds in anticipation of

17 reimbursements from agencies receiving training at the

18 Federal Law Enforcement Training Center, except that

19 total obligations at the end of the fiscal year shall not ex20 ceed total budgetary resources available at the end of the

21 fiscal yearΩ9æ:–Provided further, That the Center is au22 thorized to obligate funds to provide for site security and

23 expansion of antiterrorism training facilities: Provided fur24 ther, That the Federal Law Enforcement Training Center

25 is authorized to provide short term medical services for
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1 students undergoing training at the Center;

2 Ω10æ$36,070,000 $34,006,000, of which $8,666,000 for

3 materials and support costs of Federal law enforcement

4 basic training shall remain available until September 30,

5 1998.

6 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

7 RELATED EXPENSES

8 For expansion of the Federal Law Enforcement

9 Training Center, for acquisition of necessary additional

10 real property and facilities, and for ongoing maintenance,

11 facility improvements, and related expenses,

12 Ω11æ$8,163,000 $9,663,000, to remain available until ex13 pended.

14 FINANCIAL MANAGEMENT SERVICE

15 SALARIES AND EXPENSES

16 For necessary expenses of the Financial Management

17 Service, Ω12æ$181,837,000 $186,070,000, of which not to

18 exceed $14,277,000 shall remain available until

19 Ω13æSeptember 30, 1988 expended for systems mod20 ernization initiatives. In addition, $90,000, to be derived

21 from the Oil Spill Liability Trust Fund, to reimburse the

22 Service for administrative and personnel expenses for fi23 nancial management of the Fund, as authorized by section

24 1012 of Public Law 101–380.
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1 BUREAU OF ALCOHOL, TOBACCO AND FIREARMS

2 SALARIES AND EXPENSES

3 For necessary expenses of the Bureau of Alcohol, To4 bacco and Firearms, including purchase of not to exceed

5 six hundred and fifty vehicles for police-type use for re6 placement only and hire of passenger motor vehicles; hire

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

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

9 diem and/or subsistence allowances to employees where an

10 assignment to the National Response Team during the in11 vestigation of a bombing or arson incident requires an em12 ployee to work 16 hours or more per day or to remain

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

14 for official reception and representation expenses; for

15 training of State and local law enforcement agencies with

16 or without reimbursement; provision of laboratory assist17 ance to State and local agencies, with or without reim18 bursement; Ω14æ$391,035,000 $377,971,000, of which not

19 to exceed $1,000,000 shall be available for the payment

20 of attorneys’ fees as provided by 18 U.S.C. 924(d)(2); and

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

22 of any vessel, vehicle, equipment, or aircraft available for

23 official use by a State or local law enforcement agency

24 if the conveyance will be used in drug-related joint law

25 enforcement operations with the Bureau of Alcohol, To-
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1 bacco and Firearms and for the payment of overtime sala2 ries, travel, fuel, training, equipment, and other similar

3 costs of State and local law enforcement officers that are

4 incurred in joint operations with the Bureau of Alcohol,

5 Tobacco and Firearms: Provided, That no funds made

6 available by this or any other Act may be used to imple7 ment any reorganization of the Bureau of Alcohol, To8 bacco and Firearms or transfer of the Bureau’s functions,

9 missions, or activities to other agencies or Departments

10 in the fiscal year ending on September 30, 1996: Provided

11 further, That no funds appropriated herein shall be avail12 able for salaries or administrative expenses in connection

13 with consolidating or centralizing, within the Department

14 of the Treasury, the records, or any portion thereof, of

15 acquisition and disposition of firearms maintained by Fed16 eral firearms licenseesΩ15æ:–Provided further, That no

17 funds appropriated herein shall be used to pay administra18 tive expenses or the compensation of any officer or em19 ployee of the United States to implement an amendment

20 or amendments to 27 CFR 178.118 or to change the defi21 nition of ‘‘Curios or relics’’ in 27 CFR 178.11 or remove

22 any item from ATF Publication 5300.11 as it existed on

23 January 1, 1994 without publishing prior notice in the

24 Federal Register and allowing for public comment: Pro25 vided further, That none of the funds appropriated herein
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1 shall be available to investigate or act upon applications

2 for relief from Federal firearms disabilities under 18

3 U.S.C. 925(c): Provided further, That such funds shall be

4 available to investigate and act upon applications filed by

5 corporations for relief from Federal firearms disabilities

6 under 18 U.S.C. section 925(c).

7 UNITED STATES CUSTOMS SERVICE

8 SALARIES AND EXPENSES

9 For necessary expenses of the United States Customs

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

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

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

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

14 representation expenses; and awards of compensation to

15 informers, as authorized by any Act enforced by the

16 United States Customs Service; Ω16æ$1,392,429,000

17 $1,387,153,000, of which such sums as become available

18 in the Customs User Fee Account, except sums subject

19 to section 13031(f)(3) of the Consolidated Omnibus Rec20 onciliation Act of 1985, as amended (19 U.S.C. 58c(f)(3)),

21 shall be derived from that Account; of the total, not to

22 exceed $150,000 shall be available for payment for rental

23 space in connection with preclearance operations, and not

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

25 research: Provided, That uniforms may be purchased with-
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1 out regard to the general purchase price limitation for the

2 current fiscal yearΩ17æ:–Provided further, That the Com3 missioner of the Customs Service designate a single indi4 vidual to be port director of all United States Government

5 activities at two ports of entry, one on the southern border

6 and one on the northern border: Provided further, That

7 $750,000 shall be available for additional part-time and

8 temporary positions in the Honolulu Customs District.

9 HARBOR MAINTENANCE FEE COLLECTION

10 For administrative expenses related to the collection

11 of the Harbor Maintenance Fee, pursuant to Public Law

12 103–182, $3,000,000, to be derived from the Harbor

13 Maintenance Trust Fund and to be transferred to and

14 merged with the Customs ‘‘Salaries and Expenses’’ ac15 count for such purposes.

16 OPERATION AND MAINTENANCE, AIR AND MARINE

17 INTERDICTION PROGRAMS

18 For expenses, not otherwise provided for, necessary

19 for the operation and maintenance of marine vessels, air20 craft, and other related equipment of the Air and Marine

21 Programs, including operational training and mission-re22 lated travel, and rental payments for facilities occupied by

23 the air or marine interdiction or demand reduction pro24 grams, the operations of which include: the interdiction

25 of narcotics and other goods; the provision of support to

26 Customs and other Federal, State, and local agencies in
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1 the enforcement or administration of laws enforced by the

2 Customs Service; and, at the discretion of the Commis3 sioner of Customs, the provision of assistance to Federal,

4 State, and local agencies in other law enforcement and

5 emergency humanitarian efforts; Ω18æ$60,993,000

6 $68,543,000 which Ω19æof which $5,644,000 shall remain

7 available until expended; in addition, $19,733,000 shall be

8 transferred from the Customs Air and Marine Interdiction

9 Programs, Procurement Account to remain available until

10 expended: Provided, That no aircraft or other related

11 equipment, with the exception of aircraft which is one of

12 a kind and has been identified as excess to Customs re13 quirements, and aircraft which has been damaged beyond

14 repair, shall be transferred to any other Federal agency,

15 Department, or office outside of the Department of the

16 Treasury, during fiscal year 1996, without the prior ap17 proval of the House and Senate Committees on Appropria18 tions.

19 CUSTOMS SERVICES AT SMALL AIRPORTS

20 (TO BE DERIVED FROM FEES COLLECTED)

21 Such sums as may be necessary, not to exceed

22 $1,406,000, for expenses for the provision of Customs

23 services at certain small airports or other facilities when

24 authorized by law and designated by the Secretary of the

25 Treasury, including expenditures for the salary and ex26 penses of individuals employed to provide such services,
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1 to be derived from fees collected by the Secretary of the

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

3 for each of these airports or other facilities when author4 ized by law and designated by the Secretary of the Treas5 ury, and to remain available until expended.

6 BUREAU OF THE PUBLIC DEBT

7 ADMINISTERING THE PUBLIC DEBT

8 For necessary expenses connected with any public9 debt issues of the United States; $180,065,000: Provided,

10 That the sum appropriated herein from the General Fund

11 for fiscal year 1996 shall be reduced by not more than

12 $600,000 as definitive security issue fees are collected and

13 not more than $9,465,000 as Treasury Direct Investor Ac14 count Maintenance fees are collected, so as to result in

15 a final fiscal year 1996 appropriation from the General

16 Fund estimated at $170,000,000.

17 INTERNAL REVENUE SERVICE

18 PROCESSING, ASSISTANCE, AND MANAGEMENT

19 For necessary expenses of the Internal Revenue Serv20 ice, not otherwise provided for; including processing tax

21 returns; revenue accounting; providing assistance to tax22 payers, management services, and inspection; including

23 purchase (not to exceed 150 for replacement only, for po24 lice-type use) and hire of passenger motor vehicles (31

25 U.S.C. 1343(b)); and services as authorized by 5 U.S.C.
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1 3109, at such rates as may be determined by the Commis2 sioner: Ω20æ$1,682,742,000 $1,767,309,000, of which

3 $3,700,000 shall be for the Tax Counseling for the Elderly

4 Program, no amount of which shall be available for IRS

5 administrative costs, and of which not to exceed $25,000

6 shall be for official reception and representation expenses.

7 TAX LAW ENFORCEMENT

8 For necessary expenses of the Internal Revenue Serv9 ice for determining and establishing tax liabilities; tax and

10 enforcement litigation; technical rulings; examining em11 ployee plans and exempt organizations; investigation and

12 enforcement activities; securing unfiled tax returns; col13 lecting unpaid accounts; statistics of income and compli14 ance research; the purchase (for police-type use, not to

15 exceed 850), and hire of passenger motor vehicles (31

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

17 3109, at such rates as may be determined by the Commis18 sioner Ω21æ$4,254,476,000 $4,097,294,000, of which not

19 to exceed $1,000,000 shall remain available until Septem20 ber 30, 1998 for researchΩ22æ:–Provided, That

21 $13,000,000 shall be used to initiate a program to utilize

22 private sector debt collection agencies in the collection ac23 tivities of the Internal Revenue Service in compliance with

24 section 104 of this Act.
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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 Ω23æ$1,575,216,000 $1,442,605,000, of which no less than

11 $670,000,000 shall be available for tax systems moderniza12 tion activities, of which up to $185,000,000 for tax and

13 information systems development projects shall remain

14 available until September 30, 1998Ω24æ:–Provided, That

15 of the funds appropriated for tax systems modernization,

16 $70,000,000 may not be obligated until the Commissioner

17 of the Internal Revenue Service reports to the Committees

18 on Appropriations of the House and Senate on the imple19 mentation of Tax Systems Modernization: Provided, That

20 not later than 60 days after the date of enactment of this

21 Act the Commissioner of the Internal Revenue Service shall

22 provide to the Committees on Appropriations of the House

23 and the Senate a report that (1) identifies, evaluates, and

24 prioritizes all systems investments planned for fiscal year

25 1996, using explicit decision criteria, and (2) explains in
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1 detail and provides a completion schedule for all actions

2 being taken by the Internal Revenue Service to successfully

3 mitigate deficiencies recently identified by the General Ac4 counting Office in the Internal Revenue Service’s business

5 strategy, management and technical infrastructure, and the

6 management process in place to implement its tax system

7 modernization: Provided further, That not later than 30

8 days after the submission of the Commissioner’s report the

9 General Accounting Office shall provide the Committees on

10 Appropriations of the House and the Senate an independent

11 assessment of that report: Provided further, That none of

12 the funds appropriated for tax systems modernization, ex13 cept those funds needed to operate and maintain current

14 systems, shall be available for obligation until expressly ap15 proved by the Committees on Appropriations of the House

16 and the Senate.

17 ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE

18 SERVICE

19 SECTION 1. Not to exceed 2 per centum of any appro20 priation made available to the Internal Revenue Service

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

22 to any other Internal Revenue Service appropriation upon

23 the advance approval of the House and Senate Committees

24 on Appropriations: Provided, That notwithstanding any

25 other provision of this Act, the Internal Revenue Service

26 is authorized to transfer such sums as may be necessary
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1 between appropriations with advance approval of the

2 House and Senate Appropriations CommitteesΩ25æ:–Pro3 vided further, That no funds shall be transferred from the

4 ‘‘Tax Law Enforcement’’ account during fiscal year 1996.

5 SEC. 2. The Internal Revenue Service shall institute

6 and maintain a training program to insure that Internal

7 Revenue Service employees are trained in taxpayers’

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

9 cross-cultural relations.

10 UNITED STATES SECRET SERVICE

11 SALARIES AND EXPENSES

12 For necessary expenses of the United States Secret

13 Service, including purchase (not to exceed 665 vehicles for

14 police-type use for replacement only) and hire of passenger

15 motor vehicles; hire of aircraft; training and assistance re16 quested by State and local governments, which may be

17 provided without reimbursement; services of expert wit18 nesses at such rates as may be determined by the Director;

19 rental of buildings in the District of Columbia, and fenc20 ing, lighting, guard booths, and other facilities on private

21 or other property not in Government ownership or control,

22 as may be necessary to perform protective functions; for

23 payment of per diem and/or subsistence allowances to em24 ployees where a protective assignment during the actual

25 day or days of the visit of a protectee require an employee
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1 to work 16 hours per day or to remain overnight at his

2 or her post of duty; the conducting of and participating

3 in firearms matches; presentation of awards; and for trav4 el of Secret Service employees on protective missions with5 out regard to the limitations on such expenditures in this

6 or any other Act: Provided, That approval is obtained in

7 advance from the House and Senate Committees on Ap8 propriations; for repairs, alterations, and minor construc9 tion at the James J. Rowley Secret Service Training Cen10 ter; for research and development; for making grants to

11 conduct behavioral research in support of protective re12 search and operations; not to exceed $12,500 for official

13 reception and representation expenses; not to exceed

14 $50,000 to provide technical assistance and equipment to

15 foreign law enforcement organizations in counterfeit inves16 tigations; for payment in advance for commercial accom17 modations as may be necessary to perform protective func18 tions; and for uniforms without regard to the general pur19 chase price limitation for the current fiscal year;

20 Ω26æ$542,461,000 $534,502,000.

21 VIOLENT CRIME REDUCTION PROGRAMS

22 For activities authorized by Public Law 103–322, to

23 remain available until expended, which shall be derived

24 from the Violent Crime Reduction Trust Fund, as follows:
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1 Ω27æ(a) As authorized by section 190001(e),

2 $51,686,000, of which: $33,865,000 shall be available to

3 the United States Customs Service for expenses associated

4 with ‘‘Operation Hardline’’; $2,221,000 to the Financial

5 Crimes Enforcement Network; $3,100,000 to the Bureau

6 of Alcohol, Tobacco and Firearms for the development and

7 dissemination of ballistic technologies as part of the

8 ‘‘Ceasefire’’ program; $10,000,000 to the United States

9 Secret Service; and $2,500,000 to the Federal Law En10 forcement Training Center in Glynco, Georgia; and

11 (a) As authorized by section 190001(e), $68,300,000,

12 of which: $17,500,000 shall be available to the United States

13 Customs Service for expenses associated with ‘‘Operation

14 Hardline’’; of which $2,500,000 shall be available to the Fi15 nancial Crimes Enforcement Network; of which $24,700,000

16 shall be available to the Bureau of Alcohol, Tobacco and

17 Firearms, of which no less than $21,200,000 shall be avail18 able to annualize the salaries and related costs for the fiscal

19 year 1995 counter-terrorism initiative, and of which no less

20 than $3,500,000 shall be available for administering the

21 Gang Resistance Education and Training program; of

22 which $21,600,000 and up to an additional 150 full-time

23 equivalent positions which shall be in addition to those

24 funded in the ‘‘salaries and expenses’’ account and which

25 shall be available to the United States Secret Service to sup-
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1 port White House security and anti-counterfeiting activi2 ties, and of which no less than $1,600,000 shall be available

3 for enhancing forensics technology to aid missing and ex4 ploited children investigations; and of which $2,000,000

5 shall be available to the Federal Law Enforcement Training

6 Center; and

7 (b) As authorized by section 32401,

8 Ω28æ$12,200,000 $7,200,000, for disbursement through

9 grants, cooperative agreements or contracts, to local gov10 ernments for Gang Resistance Education and Training:

11 Provided, That notwithstanding sections 32401 and

12 310001, such funds shall be allocated only to the affected

13 State and local law enforcement and prevention organiza14 tions participating in such projects.

15 GENERAL PROVISIONS—DEPARTMENT OF THE

16 TREASURY

17 SECTION 101. Any obligation or expenditure by the

18 Secretary in connection with law enforcement activities of

19 a Federal agency or a Department of the Treasury law

20 enforcement organization in accordance with 31 U.S.C.

21 9703(g)(4)(B) from unobligated balances remaining in the

22 Fund on September 30, 1996, shall be made in compliance

23 with the reprogramming guidelines contained in the House

24 and Senate reports accompanying this Act.
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1 SEC. 102. Appropriations to the Treasury Depart2 ment in this Act shall be available for uniforms or allow3 ances therefor, as authorized by law (5 U.S.C. 5901), in4 cluding maintenance, repairs, and cleaning; purchase of

5 insurance for official motor vehicles operated in foreign

6 countries; purchase of motor vehicles without regard to the

7 general purchase price limitation for vehicles purchased

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

9 contracts with the Department of State for the furnishing

10 of health and medical services to employees and their de11 pendents serving in foreign countries; and services author12 ized by 5 U.S.C. 3109.

13 Ω29æSEC. 103. Not to exceed 2 per centum of any

14 appropriations in this Act for the Department of the

15 Treasury may be transferred between such appropriations.

16 Notwithstanding any authority to transfer funds between

17 appropriations contained in this or any other Act, no

18 transfer may increase or decrease any appropriation in

19 this Act by more than 2 per centum and any such pro20 posed transfers shall be approved in advance by the Com21 mittees on Appropriations of the House and Senate.

22 SEC. 104. None of the funds appropriated by this

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

24 underpayment of any tax imposed by the Internal Revenue

25 Code of 1986 unless the conduct of officers and employees
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1 of the Internal Revenue Service in connection with such

2 collection, including any private sector employees under

3 contract to the Internal Revenue Service, complies with

4 subsection (a) of section 805 (relating to communications

5 in connection with debt collection), and section 806 (relat6 ing to harassment or abuse), of the Fair Debt Collection

7 Practices Act (15 U.S.C. 1692).

8 SEC. 105. The Internal Revenue Service shall insti9 tute policies and procedures which will safeguard the con10 fidentiality of taxpayer information.

11 SEC. 106. The funds provided to the Bureau of Alco12 hol, Tobacco and Firearms for fiscal year 1996 in this

13 Act for the enforcement of the Federal Alcohol Adminis14 tration Act shall be expended in a manner so as not to

15 diminish enforcement efforts with respect to section 105

16 of the Federal Alcohol Administration Act.

17 Ω30æSEC. 107. Notwithstanding any other provision

18 of law, Customs personnel funded through reimbursement

19 from the Puerto Rico Trust Fund shall not be reduced as

20 the result of work force reductions required under Executive

21 order or other guidance to Executive branch agencies in fis22 cal year 1996.

23 Ω31æSEC. 108. The Secretary of the Treasury is au24 thorized in fiscal year 1996 and hereafter, to use Treasury

25 Department aircraft, with or without reimbursement, to as-
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1 sist bureaus within the Department of the Treasury or other

2 Federal agencies, Departments or offices outside of the De3 partment of the Treasury to provide emergency law enforce4 ment support to protect human life, property, public health,

5 or safety.

6 Ω32æSEC. 109. (a) Notwithstanding any other provi7 sion of law, of the funds made available to the Department

8 of the Treasury by this or any other act for obligation at

9 any time during the fiscal year ending September 30, 1995

10 or the fiscal year ending September 30, 1996, not to exceed

11 $500,000 shall be available to the Secretary of the Treasury

12 during the fiscal year ending September 30, 1996 to reim13 burse the District of Columbia Metropolitan Police Depart14 ment for personnel costs incurred by the Metropolitan Police

15 Department between May 19, 1995 and September 30, 1995

16 as a result of the closing to vehicular traffic of Pennsylvania

17 Avenue Northwest and other streets in vicinity of the White

18 House.

19 (b) The amount of reimbursement shall be determined

20 by the Secretary of the Treasury and shall be final and

21 not subject to review in any forum.

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

23 Appropriations Act, 1996’’.
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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; $85,080,000: Provided, That mail for over8 seas voting and mail for the blind shall continue to be free:

9 Provided further, That six-day delivery and rural delivery

10 of mail shall continue at not less than the 1983 level: Pro11 vided further, That none of the funds made available to

12 the Postal Service by this Act shall be used to implement

13 any rule, regulation, or policy of charging any officer or

14 employee of any State or local child support enforcement

15 agency, or any individual participating in a State or local

16 program of child support enforcement, a fee for informa17 tion requested or provided concerning an address of a

18 postal customer: Provided further, That none of the funds

19 provided in this Act shall be used to consolidate or close

20 small rural and other small post offices in the fiscal year

21 ending on September 30, 1996.

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

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

2 2004, $36,828,000.

3 This title may be cited as the ‘‘Postal Service Appro4 priations Act, 1996’’.

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,
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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 Ω33æ$39,459,000 $38,131,000.

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; Ω34æ$7,522,000 $7,827,000, to be expended

14 and accounted for as provided by 3 U.S.C. 105, 109–110,

15 112–114.

16 Ω35æWHITE HOUSE REPAIR AND RESTORATION

17 For the repair, alteration, and improvement of the Ex18 ecutive Residence at the White House, $2,200,000, to re19 main available until expended for replacement of the White

20 House roof, to be expended and accounted for as provided

21 by 3 U.S.C. 105, 109–110, 112–114.

22 OFFICIAL RESIDENCE OF THE VICE PRESIDENT

23 OPERATING EXPENSES

24 For the care, operation, refurnishing, improvement,

25 heating and lighting, including electric power and fixtures,
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1 of the official residence of the Vice President, the hire of

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

3 official entertainment expenses of the Vice President, to

4 be accounted for solely on his certificate; $324,000: Pro5 vided, That advances or repayments or transfers from this

6 appropriation may be made to any department or agency

7 for expenses of carrying out such activities.

8 SPECIAL ASSISTANCE TO THE PRESIDENT

9 SALARIES AND EXPENSES

10 For necessary expenses to enable the Vice President

11 to provide assistance to the President in connection with

12 specially assigned functions, services as authorized by 5

13 U.S.C. 3109 and 3 U.S.C. 106, including subsistence ex14 penses as authorized by 3 U.S.C. 106, which shall be ex15 pended and accounted for as provided in that section; and

16 hire of passenger motor vehicles; Ω36æ$3,175,000

17 $3,280,000.

18 Ω37æCOUNCIL OF ECONOMIC ADVISERS

19 SALARIES AND EXPENSES

20 For necessary expenses of the Council in carrying out

21 its functions under the Employment Act of 1946 (15 U.S.C.

22 1021), $3,439,000.
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1 OFFICE OF POLICY DEVELOPMENT

2 SALARIES AND EXPENSES

3 For necessary expenses of the Office of Policy Devel4 opment, including services as authorized by 5 U.S.C.

5 3109, and 3 U.S.C. 107; $3,867,000.

6 NATIONAL SECURITY COUNCIL

7 SALARIES AND EXPENSES

8 For necessary expenses of the National Security

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

10 3109; Ω38æ$6,459,000 $6,648,000.

11 OFFICE OF ADMINISTRATION

12 SALARIES AND EXPENSES

13 For necessary expenses of the Office of Administra14 tion; Ω39æ$25,736,000 $25,560,000, including services as

15 authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire

16 of passenger motor vehicles.

17 OFFICE OF MANAGEMENT AND BUDGET

18 SALARIES AND EXPENSES

19 For necessary expenses of the Office of Management

20 and Budget, including hire of passenger motor vehicles,

21 services as authorized by 5 U.S.C. 3109;

22 Ω40æ$55,426,000, of which no more than $6,631,000

23 shall be available for the Office of National Security and

24 International Affairs, no more than $6,699,000 shall be

25 available for the Office of General Government and Fi-
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1 nance, no more than $7,368,000 shall be available for the

2 Office of Natural Resources, Energy and Science, no more

3 than $4,085,000 shall be available for the Office of Health

4 and Personnel, no more than $3,867,000 shall be available

5 for the Office of Human Resources, no more than

6 $2,325,000 shall be available for the Office of Federal Fi7 nancial Management, no more than $5,198,000 shall be

8 available for the Office of Information and Regulatory Af9 fairs, no more than $2,407,000 shall be available for the

10 Office of Federal Procurement Policy, no more than

11 $16,912,000 shall be available for the Office of the Direc12 tor, the Office of the Deputy Director, the Office of the

13 Deputy Director for Management, the Office of Commu14 nications, the Office of the General Counsel, the Office

15 of Legislative Affairs, the Office of Economic Policy, the

16 Office of Administration, the Legislative Reference Divi17 sion, and the Budget Review Division $55,573,000, of

18 which not to exceed $5,000,000 shall be available to carry

19 out the provisions of 44 U.S.C. chapter 35: Provided,

20 That, as provided in 31 U.S.C. 1301(a), appropriations

21 shall be applied only to the objects for which appropria22 tions were made except as otherwise provided by law: Pro23 vided further, That none of the funds appropriated in this

24 Act for the Office of Management and Budget may be

25 used for the purpose of reviewing any agricultural market-
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1 ing orders or any activities or regulations under the provi2 sions of the Agricultural Marketing Agreement Act of

3 1937 (7 U.S.C. 601 et seq.): Provided further, That none

4 of the funds made available for the Office of Management

5 and Budget by this Act may be expended for the altering

6 of the transcript of actual testimony of witnesses, except

7 for testimony of officials of the Office of Management and

8 Budget, before the Committee on Appropriations or the

9 Committee on Veterans’ Affairs or their subcommittees:

10 Provided further, That this proviso shall not apply to

11 printed hearings released by the Committee on Appropria12 tions or the Committee on Veterans’ AffairsΩ41æ: Pro13 vided further, That the Director of Office of Management

14 and Budget shall submit to the House and Senate Commit15 tees on Appropriations (1) an analysis for the period of

16 30 fiscal years beginning with fiscal year 1996, of the esti17 mated levels of total budget outlays and total new budget

18 authority, the estimated revenues to be received, the esti19 mated surplus or deficit, if any, for each major Federal en20 titlement program for each fiscal year in such period: Pro21 vided further, That no funds shall be obligated for salaries

22 and expenses after 60 days of the date of enactment of this

23 Act if the Director of the Office of Management and Budget

24 has not submitted such analysis to the House and Senate

25 Committees on Appropriations prior to such date.
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1 Ω42æINFORMATION SECURITY OVERSIGHT OFFICE

2 For necessary expenses of the Information Security

3 Oversight Office, $1,482,000.

4 Ω43æOFFICE OF NATIONAL DRUG CONTROL POLICY

5 SALARIES AND EXPENSES

6 For necessary expenses of the Office of National

7 Drug Control Policy; for research activities pursuant to

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

9 official reception and representation expenses; for partici10 pation in joint projects or in the provision of services on

11 matters of mutual interest with nonprofit, research, or

12 public organizations or agencies, with or without reim13 bursement; $20,062,000, of which $10,200,000, to remain

14 available until expended, shall be available to the Counter15 Drug Technology Assessment Center for counternarcotics

16 research and development projects and shall be available

17 for transfer to other Federal departments or agencies, and

18 of which $600,000 shall be transferred to the Drug En19 forcement Administration for the El Paso Intelligence

20 Center: Provided, That the Office is authorized to accept,

21 hold, administer, and utilize gifts, both real and personal,

22 for the purpose of aiding or facilitating the work of the

23 Office.
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1 Ω44æOFFICE OF NATIONAL DRUG CONTROL POLICY

2 SALARIES AND EXPENSES

3 For necessary expenses of the Office of National Drug

4 Control Policy; for research activities pursuant to title I

5 of Public Law 100–690; not to exceed $8,000 for official

6 reception and representation expenses; $28,500,000, of

7 which $20,500,000, to remain available until expended,

8 shall be available to the Counter-Drug Technology Assess9 ment Center for counternarcotics research and development

10 projects and shall be available for transfer to other Federal

11 departments or agencies: Provided, That the Office is au12 thorized to accept, hold, administer, and utilize gifts, both

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

14 the work of the Office: Provided further, That not later than

15 60 days after the date of enactment of this Act, the Director

16 of the Office of National Drug Control Policy shall report

17 to the Committees on the Judiciary of the Senate and the

18 House of Representatives on the results of an independent

19 audit of the security and travel expenses of the Office during

20 the period beginning on January 21, 1993, and ending on

21 June 30, 1995: Provided further, That the Director of the

22 Office of National Drug Control Policy shall, at the direc23 tion of the President, convene a Cabinet Council on Drug

24 Strategy Implementation to be chaired by the Director of

25 the Office of National Drug Control Policy: Provided fur-
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1 ther, That the Cabinet Council on Drug Strategy Imple2 mentation shall include, but is not limited to, the Attorney

3 General, the Secretary of the Department of the Treasury,

4 the Secretary of the Department of Health and Human

5 Services, the Secretary of the Department of Defense, the

6 Secretary of the Department of Housing and Urban Devel7 opment, the Secretary of the Department of Education, the

8 Secretary of the Department of State, and the Secretary of

9 the Department of Transportation: Provided further, That

10 the Cabinet Council on Drug Strategy Implementation shall

11 convene on no less than a quarterly basis and provide re12 ports on no less than a quarterly basis to the Appropria13 tions Committees and the Judiciary Committees of the

14 House of Representatives and the Senate on the progress

15 of the implementation of the elements of the national drug

16 control strategy within the jurisdiction of each member of

17 the Counsel, including a particular emphasis on the imple18 mentation of strategies to combat drug abuse among chil19 dren: Provided further, That the Director of the Office of

20 National Drug Control Policy shall convene a bipartisan

21 conference composed of private sector representatives from

22 the following: Business leadership, educational and health

23 care professionals, Federal, State and local law enforce24 ment, the judicial community, drug treatment and inter25 vention professionals, the media and parents groups. Re-
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1 porting requirements as set forth in the preceding proviso

2 shall also apply to this provision: Provided further, That

3 the funds appropriated for the necessary expenses of the Of4 fice of National Drug Control Policy may not be obligated

5 until the President reports to the Appropriations Commit6 tees of the House of Representatives and the Senate that

7 the President has directed the Office of National Drug Con8 trol Policy to convene the Cabinet Council on Drug Strategy

9 Implementation: Provided further, That, on a quarterly

10 basis beginning ninety days after enactment of this Act, the

11 funds appropriated for the necessary expenses of the Office

12 of National Drug Control Policy may not be obligated un13 less the Cabinet Council on Drug Strategy Implementation

14 has provided the quarterly reports specified herein to the

15 Appropriations Committees and the Judiciary Committees

16 of the House of Representatives and the Senate.

17 UNANTICIPATED NEEDS

18 For expenses necessary to enable the President to

19 meet unanticipated needs, in furtherance of the national

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

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

22 Ω45æFEDERAL DRUG CONTROL PROGRAMS

23 HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

24 (INCLUDING TRANSFER OF FUNDS)

25 For necessary expenses of the Office of National

26 Drug Control Policy’s High Intensity Drug Trafficking
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1 Areas Program, $104,000,000 for drug control activities

2 consistent with the approved strategy for each of the des3 ignated High Intensity Drug Trafficking Areas, of which

4 no less than $52,000,000 shall be transferred to State and

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

6 to $52,000,000 may be transferred to Federal agencies

7 and departments at a rate to be determined by the Direc8 tor; and of which up to $3,000,000 may be available to

9 the Director for transfer to Federal agencies, or State and

10 local entities, or non-profit organizations to support spe11 cial demonstration projects that provide systematic pro12 gramming to reduce drug use and trafficking in des13 ignated targeted areas: Provided, That the funds made

14 available under this head shall be obligated within 90 days

15 of the date of enactment of this Act,–except those funds

16 made available to the Director to support special dem17 onstration projects which shall be obligated by June 1,

18 1996.

19 Ω46æFEDERAL DRUG CONTROL PROGRAMS

20 HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

21 For necessary expenses of the Office of National Drug

22 Control Policy’s High Intensity Drug Trafficking Areas

23 Program, $110,000,000 for drug control activities consistent

24 with the approved strategy for each of the designated High

25 Intensity Drug Trafficking Areas, of which no less than
36

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1 $55,000,000 shall be transferred to State and local entities

2 for drug control activities; and of which up to $55,000,000

3 may be transferred to Federal agencies and departments at

4 a rate to be determined by the Director: Provided, That the

5 funds made available under this head shall be obligated

6 within 90 days of the date of enactment of this Act.

7 This title may be cited as the ‘‘Executive Office Ap8 propriations Act, 1996’’.

9 TITLE IV—INDEPENDENT AGENCIES

10 Ω47æADVISORY COMMISSION ON INTERGOVERNMENTAL

11 RELATIONS

12 SALARIES AND EXPENSES

13 For necessary expenses of the Advisory Commission on

14 Intergovernmental Relations to carry out the provisions of

15 (Public Law 104–4), $334,000: Provided, That upon the

16 completion of the Final Report required by such title, no

17 further Federal funds shall be available for the Advisory

18 Commission on Intergovernmental Relations.

19 Ω48æADMINISTRATIVE CONFERENCE OF THE UNITED

20 STATES

21 SALARIES AND EXPENSES

22 For necessary expenses of the Administrative Con23 ference of the United States, established under subchapter

24 V of chapter 5 of title 5, United States Code, including not
37

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1 to exceed $1,000 for official reception and representation

2 expenses, $1,800,000.

3 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE

4 BLIND OR SEVERELY DISABLED

5 SALARIES AND EXPENSES

6 For necessary expenses of the Committee for Pur7 chase From People Who Are Blind or Severely Disabled

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

9 28; Ω49æ$1,682,000 $1,800,000.

10 FEDERAL ELECTION COMMISSION

11 SALARIES AND EXPENSES

12 For necessary expenses to carry out the provisions

13 of the Federal Election Campaign Act of 1971, as amend14 ed; Ω50æ$26,521,000, of which no less than $1,500,000

15 shall be available for internal automated data processing

16 systems $28,517,000, of which not to exceed $5,000 shall

17 be available for reception and representation

18 expensesΩ51æ: Provided, That none of the funds appro19 priated for automated data processing systems may be ob20 ligated until the Chairman of the Federal Election Com21 mission provides to the House Committee on Appropria22 tions a systems requirements analysis on the development

23 of such a system.
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1 FEDERAL LABOR RELATIONS AUTHORITY

2 SALARIES AND EXPENSES

3 For necessary expenses to carry out functions of the

4 Federal Labor Relations Authority, pursuant to Reorga5 nization Plan Numbered 2 of 1978, and the Civil Service

6 Reform Act of 1978, including services as authorized by

7 5 U.S.C. 3109, including hire of experts and consultants,

8 hire of passenger motor vehicles, rental of conference

9 rooms in the District of Columbia and elsewhere;

10 Ω52æ$19,742,000 $21,398,000: Provided, That public

11 members of the Federal Service Impasses Panel may be

12 paid travel expenses and per diem in lieu of subsistence

13 as authorized by law (5 U.S.C. 5703) for persons em14 ployed intermittently in the Government service, and com15 pensation as authorized by 5 U.S.C. 3109: Provided fur16 ther, That notwithstanding 31 U.S.C. 3302, funds received

17 from fees charged to non-Federal participants at labor18 management relations conferences shall be credited to and

19 merged with this account, to be available without further

20 appropriation for the costs of carrying out these con21 ferences.
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1 GENERAL SERVICES ADMINISTRATION

2 FEDERAL BUILDINGS FUND

3 LIMITATIONS ON AVAILABILITY OF REVENUE

4 Ω53æ(INCLUDING RESCISSION)

5 Ω54æThe revenues and collections deposited into For

6 additional expenses necessary to carry out the purpose of

7 the Fund established pursuant to section 210(f) of the

8 Federal Property and Administrative Services Act of

9 1949, as amended (40 U.S.C. 490(f)), Ω55æ$86,000,000,

10 to be deposited into said Fund shall be available for nec11 essary expenses of real property management and related

12 activities not otherwise provided for, including operation,

13 maintenance, and protection of Federally owned and

14 leased buildings; rental of buildings in the District of Co15 lumbia; restoration of leased premises; moving govern16 mental agencies (including space adjustments and tele17 communications relocation expenses) in connection with

18 the assignment, allocation and transfer of space; contrac19 tual services incident to cleaning or servicing buildings,

20 and moving; repair and alteration of federally owned build21 ings including grounds, approaches and appurtenances;

22 care and safeguarding of sites; maintenance, preservation,

23 demolition, and equipment; acquisition of buildings and

24 sites by purchase, condemnation, or as otherwise author25 ized by law; acquisition of options to purchase buildings
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1 and sites; conversion and extension of Federally owned

2 buildings; preliminary planning and design of projects by

3 contract or otherwise; construction of new buildings (in4 cluding equipment for such buildings); and payment of

5 principal, interest, taxes, and any other obligations for

6 public buildings acquired by installment purchase and pur7 chase contract, in the aggregate amount of

8 Ω56æ$5,066,822,000 $5,086,119,000, of which (1) not to

9 exceed Ω57æ$367,777,000 $573,872,000 shall remain

10 available until expended for construction of additional

11 projects at locations and at maximum construction im12 provement costs (including funds for sites and expenses

13 and associated design and construction services) as fol14 lows:

15 Ω58æNew Construction:

16 Colorado:

17 Lakewood, Denver Federal Center, U.S.

18 Geological Survey Lab Building, $10,321,000

19 Florida:

20 Tallahassee, U.S. Courthouse Annex,

21 $9,606,000

22 Georgia:

23 Savannah, U.S. Courthouse Annex,

24 $1,039,000
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1 Louisiana:

2 Lafayette, Federal Building and U.S.

3 Courthouse, $11,826,000

4 Maryland:

5 Montgomery and Prince Georges Counties,

6 Food and Drug Administration, $65,764,000

7 Nebraska:

8 Omaha, Federal Building and U.S. Court9 house, $21,370,000

10 Nevada:

11 Las Vegas, U.S. Courthouse, $38,404,000

12 New Mexico:

13 Albuquerque, Federal Building and U.S.

14 Courthouse, $2,450,000

15 New York:

16 Brooklyn, U.S. Courthouse, $49,040,000

17 Central Islip, Federal Building and U.S.

18 Courthouse, $75,641,000

19 North Dakota:

20 Pembina, Border Station, $4,445,000

21 Ohio:

22 Youngstown, U.S. Courthouse, $6,974,000

23 Pennsylvania:

24 Scranton, Federal Building and U.S.

25 Courthouse Annex, $9,638,000
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1 South Carolina:

2 Columbia, U.S. Courthouse Annex,

3 $1,425,000

4 Texas:

5 Austin, Veterans Affairs Annex,

6 $3,176,000

7 Brownsville, Federal Building and U.S.

8 Courthouse, $10,981,000

9 Washington:

10 Blaine, U.S. Border Station, $6,168,000

11 Point Roberts, U.S. Border Station,

12 $1,406,000

13 West Virginia:

14 Martinsburg, Internal Revenue Service

15 Computer Center, $25,363,000

16 Non-Prospectus Projects Program,

17 $12,740,000:

18 New Construction:

19 Colorado:

20 Lakewood, Denver Federal Center, U.S. Ge21 ological Survey Lab Building, $25,802,000

22 Florida:

23 Tallahassee, U.S. Courthouse Annex,

24 $24,015,000
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1 Georgia:

2 Savannah, U.S. Courthouse Annex,

3 $2,597,000

4 Louisiana:

5 Lafayette, Federal Building and U.S.

6 Courthouse, $29,565,000

7 Maryland:

8 Montgomery and Prince Georges Counties,

9 Food and Drug Administration, $87,000,000

10 Nebraska:

11 Omaha, Federal Building and U.S. Court12 house, $53,424,000

13 New Mexico:

14 Albuquerque, Federal Building and U.S.

15 Courthouse, $6,126,000

16 New York:

17 Central Islip, Federal Building and U.S.

18 Courthouse, $189,102,000

19 North Dakota:

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

21 Pennsylvania:

22 Scranton, Federal Building and U.S.

23 Courthouse Annex, $24,095,000

24 South Carolina:
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1 Columbia, U.S. Courthouse Annex,

2 $3,562,000

3 Texas:

4 Austin, Veterans Affairs Annex, $7,940,000

5 Brownsville, Federal Building and U.S.

6 Courthouse, $27,452,000

7 Washington:

8 Point Roberts, U.S. Border Station,

9 $3,516,000

10 Seattle, U.S. Courthouse, $8,305,000

11 West Virginia:

12 Martinsburg, Internal Revenue Service

13 Computer Center, $63,408,000

14 Non-prospectus Projects Program, $6,850,000

15 Provided, That each of the immediately foregoing limits

16 of costs on new construction projects may be exceeded to

17 the extent that savings are effected in other such projects,

18 but not to exceed 10 per centum unless advanced approval

19 is obtained from the House and Senate Committees on

20 Appropriations of a greater amountΩ59æ:–Provided fur21 ther, That the $6,000,000 under the heading of non-pro22 spectus construction projects, made available in Public

23 Laws 102–393 and 103–123 for the acquisition, lease,

24 construction and equipping of flexiplace work

25 telecommuting centers, is hereby increased by $5,000,000
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1 from funds made available in this Act for non-prospectus

2 construction projects, all of which shall remain available

3 until expended: Provided further, That of the $5,000,000

4 made available by this Act, half shall be used for

5 telecommuting centers in the State of Virginia and half

6 shall be used for telecommuting centers in the State of

7 Maryland: Provided further, That of the funds made avail8 able for the District of Columbia, Southeast Federal Center,

9 under the heading, ‘‘Real Property Activities, Federal

10 Buildings Fund, Limitations on Availability of Revenue’’

11 in Public Law 101–509, $55,000,000 are rescinded: Pro12 vided further, That the limitation on the availability of rev13 enue contained in such Act is reduced by $55,000,000: Pro14 vided further, That all funds for direct construction

15 projects shall expire on September 30, 1997, and remain

16 in the Federal Buildings Fund except funds for projects

17 as to which funds for design or other funds have been obli18 gated in whole or in part prior to such date: Provided fur19 ther, That claims against the Government of less than

20 $250,000 arising from direct construction projects, acqui21 sitions of buildings and purchase contract projects pursu22 ant to Public Law 92–313, be liquidated with prior notifi23 cation to the Committees on Appropriations of the House

24 and Senate to the extent savings are effected in other such

25 projects; (2) not to exceed Ω60æ$713,086,000
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1 $627,000,000 shall remain available until expended, for re2 pairs and alterations which includes associated design and

3 construction servicesΩ61æ: Provided further, That the

4 amounts provided in this or any prior Act for Repairs and

5 Alterations may be used to fund costs associated with imple6 menting security improvements to buildings necessary to

7 meet the minimum standards for security in accordance

8 with current law and in compliance with the

9 reprogramming guidelines of the appropriate Committees

10 of the House and Senate: Provided further, That funds in

11 the Federal Buildings Fund for Repairs and Alterations

12 shall, for prospectus projects, be limited to the amount

13 by project as follows, except each project may be increased

14 by an amount not to exceed 10 per centum unless advance

15 approval is obtained from the Committees on Appropria16 tions of the House and Senate of a greater amount:

17 Ω62æRepairs and Alterations:

18 Arkansas:

19 Little Rock, Federal Building, $7,551,000

20 California:

21 Sacramento, Federal Building (2800 Cottage

22 Way), $13,636,000

23 Colorado:

24 Lakewood, Denver Federal Center Building 25,

25 $29,351,000
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1 District of Columbia:

2 Heating Plant Stacks, $11,141,000

3 Lafayette Building, $33,157,000

4 ICC/Connecting Wing Complex/Customs (phase

5 2/3), $58,275,000

6 Treasury Department Building, Repair and Al7 teration, $7,194,000

8 White House, Roof Repair and Restoration,

9 $2,220,000

10 Illinois:

11 Chicago, Federal Center, $45,971,000

12 Maryland:

13 Woodlawn, SSA East High-Low Buildings,

14 $17,422,000

15 New York:

16 New York, Silvio V. Mollo Federal Building,

17 $4,182,000

18 North Dakota:

19 Bismarck, Federal Building, Post Office and

20 U.S. Courthouse, $7,119,000

21 Pennsylvania:

22 Philadelphia, SSA Building, Mid-Atlantic Pro23 gram Service Center, $11,376,000
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1 Puerto Rico:

2 Old San Juan, Post Office and U.S. Court3 house, $25,701,000

4 Texas:

5 Dallas, Federal Building (Griffin St.),

6 $5,641,000

7 Washington:

8 Richland, Federal Building, U.S. Post Office

9 and Courthouse, $12,724,000

10 Nationwide:

11 Chlorofluorocarbons Program, $50,430,000

12 Elevator Program, $13,109,000

13 Energy Program, $25,000,000

14 Advance Design, $24,608,000

15 Repairs and Alterations:

16 Arkansas:

17 Little Rock, Federal Building, $7,551,000

18 California:

19 Sacramento, Federal Building (2800 Cot20 tage Way), $13,636,000

21 District of Columbia:

22 ICC/Connecting Wing Complex/Customs

23 (phase 2/3), $58,275,000

24 Illinois:

25 Chicago, Federal Center, $45,971,000
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1 Maryland:

2 Woodlawn, SSA East High-Low Buildings,

3 $17,422,000

4 North Dakota:

5 Bismarck, Federal Building, Post Office

6 and U.S. Courthouse, $7,119,000

7 Pennsylvania:

8 Philadelphia, Byrne-Green Complex,

9 $30,909,000

10 Philadelphia, SSA Building, Mid-Atlantic

11 Program Service Center, $11,376,000

12 Puerto Rico:

13 Old San Juan, Post Office and U.S. Court14 house, $25,701,000

15 Texas:

16 Dallas, Federal Building (Griffin St.),

17 $5,641,000

18 Nationwide:

19 Chlorofluorocarbons Program, $43,533,000

20 Elevator Program, $13,109,000

21 Energy Program, $20,000,000

22 Advance Design, $22,000,000

23 Basic Repairs and Alterations, Ω63æ$307,278,000

24 $304,757,000: Provided further, That additional projects

25 for which prospectuses have been fully approved may be
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1 funded under this category only if advance approval is ob2 tained from the Committees on Appropriations of the

3 House and Senate: Provided further, That the difference

4 between the funds appropriated and expended on any

5 projects in this or any prior Act, under the heading ‘‘Re6 pairs and Alterations’’, may be transferred to Basic Re7 pairs and Alterations or used to fund authorized increases

8 in prospectus projects: Provided further, That all funds for

9 repairs and alterations prospectus projects shall expire on

10 September 30, 1997, and remain in the Federal Buildings

11 Fund except funds for projects as to which funds for de12 sign or other funds have been obligated in whole or in part

13 prior to such dateΩ64æ:–Provided further, That of the

14 funds provided for Advanced Design, $100,000 shall be

15 made available for architectural design studies for renova16 tion of the National Veterinary Services Laboratory and

17 a biocontainment facility at the National Animal Disease

18 Center, Ames, Iowa: Provided further, That the amount

19 provided in this or any prior Act for Basic Repairs and

20 Alterations may be used to pay claims against the Govern21 ment arising from any projects under the heading ‘‘Re22 pairs and Alterations’’ or used to fund authorized in23 creases in prospectus projects; (3) not to exceed

24 $181,963,000 for installment acquisition payments includ25 ing payments on purchase contracts which shall remain
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1 available until expended; (4) not to exceed

2 Ω65æ$2,341,100,000 $2,327,000,000 for rental of space

3 which shall remain available until expended; and (5) not

4 to exceed Ω66æ$1,389,463,000 $1,302,551,000, of which

5 not to exceed $1,000,000 shall be available for logistical sup6 port and personnel services for the Xth Paralympiad for

7 building operations which shall remain available until ex8 pended: Provided further, That funds available to the Gen9 eral Services Administration shall not be available for ex10 penses in connection with any construction, repair, alter11 ation, and acquisition project for which a prospectus, if

12 required by the Public Buildings Act of 1959, as amended,

13 has not been approved, except that necessary funds may

14 be expended for each project for required expenses in con15 nection with the development of a proposed

16 prospectusΩ67æ:–Provided further, That the General Serv17 ices Administration shall establish a ‘‘Federal Triangle Of18 fice’’ reporting directly to the Commissioner of the Public

19 Buildings Service for the purpose of completing the design

20 and construction of the Federal Triangle Building: Pro21 vided further, That the Federal Triangle Office shall con22 tinue to utilize the procurement and operating procedures

23 established for the project pursuant to the Federal Tri24 angle Development Act (40 U.S.C. 1104), and to imple25 ment and enforce the Development Agreement and other
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1 contracts and agreements developed for the project: Pro2 vided further, That the Administrator is authorized to

3 enter into and perform such leases, contracts, or other

4 transactions with any agency or instrumentality of the

5 United States, the several States or the District of Colum6 bia, or with any person, firm, association, or corporation

7 as may be necessary to implement the Federal Triangle

8 Project: Provided further, That for the purposes of this

9 authorization, buildings constructed pursuant to the pur10 chase contract authority of the Public Buildings Amend11 ments of 1972 (40 U.S.C. 602a), buildings occupied pur12 suant to installment purchase contracts, and buildings

13 under the control of another department or agency where

14 alterations of such buildings are required in connection

15 with the moving of such other department or agency from

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

17 the General Services Administration shall be considered

18 to be federally owned buildings: Provided further, That

19 funds available in the Federal Buildings Fund may be ex20 pended for emergency repairs when advance approval is

21 obtained from the Committees on Appropriations of the

22 House and Senate: Provided further, That amounts nec23 essary to provide reimbursable special services to other

24 agencies under section 210(f)(6) of the Federal Property

25 and Administrative Services Act of 1949, as amended (40
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1 U.S.C. 490(f)(6)) and amounts to provide such reimburs2 able fencing, lighting, guard booths, and other facilities

3 on private or other property not in Government ownership

4 or control as may be appropriate to enable the United

5 States Secret Service to perform its protective functions

6 pursuant to 18 U.S.C. 3056, as amended, shall be avail7 able from such revenues and collections: Provided further,

8 That revenues and collections and any other sums accru9 ing to this Fund during fiscal year 1996, excluding reim10 bursements under section 210(f)(6) of the Federal Prop11 erty and Administrative Services Act of 1949 (40 U.S.C.

12 490(f)(6)) in excess of Ω68æ$5,066,822,000

13 $5,086,019,000 shall remain in the Fund and shall not be

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

16 Ω69æPOLICY AND OVERSIGHT

17 For necessary expenses, not otherwise provided, for

18 government-wide policy and oversight activities associated

19 with asset management, property management, supply

20 management, travel and transportation, telecommuni21 cations and information technology; to fund the Board of

22 Contract Appeals; services authorized by 5 U.S.C. 3109;

23 and not to exceed $5,000 for official reception and rep24 resentation expenses; $62,499,000.
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1 OPERATING EXPENSES

2 For expenses authorized by law, not otherwise pro3 vided for, necessary for utilization of excess and surplus

4 personal property; transportation; procurement; supply;

5 and information technology activities; the utilization sur6 vey, deed compliance inspection, appraisal, environmental

7 and cultural analysis, and land use planning functions per8 taining to excess and surplus real property; accounting,

9 records management, and other support services incident

10 to adjudication of Indian Tribal Claims by the United

11 States Court of Federal Claims; services as authorized by

12 5 U.S.C. 3109; $49,130,000.

13 SALARIES AND EXPENSES, POLICY, LEADERSHIP AND

14 OPERATIONS

15 For expenses authorized by law, not otherwise provided

16 for, necessary for asset management activities; utilization

17 of excess and surplus personal property; transportation

18 management activities; procurement and supply manage19 ment activities; Government-wide and internal responsibil20 ities relating to automated data management, telecommuni21 cations, information resources management, and related

22 technology activities; utilization survey, deed compliance

23 inspection, appraisal, environmental and cultural analysis,

24 and land use planning functions pertaining to excess and

25 surplus real property; agency-wide policy direction; Board

26 of Contract Appeals; accounting, records management, and
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1 other support services incident to adjudication of Indian

2 Tribal Claims by the United States Court of Federal

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

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

5 expenses; $113,827,000.

6 OFFICE OF INSPECTOR GENERAL

7 For necessary expenses of the Office of Inspector

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

9 Ω70æ$32,549,000 $34,000,000: Provided, That not to ex10 ceed $5,000 shall be available for payment for information

11 and detection of fraud against the Government, including

12 payment for recovery of stolen Government property: Pro13 vided further, That not to exceed $2,500 shall be available

14 for awards to employees of other Federal agencies and pri15 vate citizens in recognition of efforts and initiatives result16 ing in enhanced Office of Inspector General effectiveness.

17 ALLOWANCES AND OFFICE STAFF FOR FORMER

18 PRESIDENTS

19 For carrying out the provisions of the Act of August

20 25, 1958, as amended (3 U.S.C. 102 note), and Public

21 Law 95–138; $2,181,000: Provided, That the Adminis22 trator of General Services shall transfer to the Secretary

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

24 out the provisions of such Acts.
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1 GENERAL PROVISIONS—GENERAL SERVICES

2 ADMINISTRATION

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. Funds in the Federal Buildings Fund made

13 available for fiscal year 1996 for Federal Buildings Fund

14 activities may be transferred between such activities only

15 to the extent necessary to meet program requirements.

16 Any proposed transfers shall be approved in advance by

17 the Committees on Appropriations of the House and Sen18 ate.

19 SEC. 4. No funds made available by this Act shall

20 be used to transmit a fiscal year 1997 request for United

21 States Courthouse construction that does not meet the

22 standards for construction as established by the General

23 Services AdministrationΩ71æ, the Judicial Conference of

24 the United States, and the Office of Management and

25 Budget and does not reflect the priorities of the
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1 Ω72æAdministrative Office of the Courts Judicial Con2 ference of the United States as set out in its approved five3 year construction plan.

4 Ω73æSEC. 5. The Administrator of General Services

5 is authorized to accept and retain income received by the

6 General Services Administration on or after October 1,

7 1993, from Federal agencies and non-Federal sources, to

8 defray costs directly associated with the functions of

9 flexiplace work telecommuting centers.

10 Ω74æSEC. 6. Of the $11,000,000 made available by

11 this Act and Public Laws 102–393 and 103–123 for

12 flexiplace work telecommuting centers, not less than

13 $2,200,000 shall be available for immediate transfer to the

14 Charles County Community College, to provide facilities,

15 equipment, and other services to the General Services Ad16 ministration for the purposes of establishing

17 telecommuting work centers in Southern Maryland

18 (Charles, Calvert, and St. Mary’s County) for use by Gov19 ernment agencies designated by the Administrator of Gen20 eral Services: Provided, That the language providing au21 thority to pay a public entity in the State of Maryland,

22 not to exceed $1,300,000 for the purpose of establishing

23 telecommuting work centers in Southern Maryland, under

24 the heading ‘‘Federal Buildings Fund Limitations on
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1 Availability of Revenue’’ in Public Law 103–329 (108

2 Stat. 2400), is hereby repealed.

3 Ω75æSEC. 7. Not to exceed 5 percent of funds made

4 available under the heading ‘‘Operating Expenses’’ and

5 ‘‘Office of Policy and Oversight’’ may be transferred be6 tween such appropriations upon the advance approval of

7 the House and Senate Committees on Appropriations.

8 Ω76æSEC. 8. None of the funds appropriated by this

9 Act may be obligated or expended in any way for the pur10 pose of the sale, excessing, surplusing, or disposal of lands

11 in the vicinity of Norfolk Lake, Arkansas, administered by

12 the Corps of Engineers, Department of the Army, without

13 the specific approval of the Congress.

14 Ω77æSEC. 9. None of the funds appropriated by this

15 Act may be obligated or expended in any way for the pur16 pose of the sale, excessing, surplusing, or disposal of lands

17 in the vicinity of Bull Shoals Lake, Arkansas, administered

18 by the Corps of Engineers, Department of the Army, with19 out the specific approval of the Congress.

20 Ω78æSEC. 10. Section 17(c) of Public Law 101–136

21 is amended by—

22 (a) striking ‘‘within 3 years of date of convey23 ance,’’ and inserting in lieu thereof, ‘‘simulta24 neously’’; and by striking the remainder of the first

25 sentence following, ‘‘the islands of Hawaii, Oahu, and
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1 Molokai’’ and inserting a period immediately there2 after; and

3 (b) in paragraph (2) by striking ‘‘in the ex4 change described in subsection (c)(1)’’ and inserting,

5 ‘‘or recreational’’ immediately after the word, ‘‘edu6 cational’’.

7 JOHN F. KENNEDY ASSASSINATION RECORDS REVIEW

8 BOARD

9 For necessary expenses to carry out the John F. Ken10 nedy Assassination Records Collection Act of 1992,

11 $2,150,000.

12 MERIT SYSTEMS PROTECTION BOARD

13 SALARIES AND EXPENSES

14 (INCLUDING TRANSFER OF FUNDS)

15 For necessary expenses to carry out functions of the

16 Merit Systems Protection Board pursuant to Reorganiza17 tion Plan Numbered 2 of 1978 and the Civil Service Re18 form Act of 1978, including services as authorized by 5

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

20 of Columbia and elsewhere, hire of passenger motor vehi21 cles, and direct procurement of survey printing,

22 Ω79æ$21,129,000 $24,549,000, together with not to exceed

23 $2,430,000 for administrative expenses to adjudicate re24 tirement appeals to be transferred from the Civil Service

25 Retirement and Disability Fund in amounts determined

26 by the Merit Systems Protection Board.
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1 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

2 OPERATING EXPENSES

3 For necessary expenses in connection with the admin4 istration of the National Archives and records and related

5 activities, as provided by law, and for expenses necessary

6 for the review and declassification of documents, and for

7 the hire of passenger motor vehicles, Ω80æ$193,291,000

8 $199,633,000, of which $4,500,000 shall be available until

9 expended for cataloging, archiving and digitizing activities:

10 Provided, That the Archivist of the United States is au11 thorized to use any excess funds available from the

12 amount borrowed for construction of the National Ar13 chives facility, for expenses necessary to move into the fa14 cility.

15 Ω81æARCHIVES FACILITIES AND PRESIDENTIAL LIBRARIES

16 REPAIRS AND RESTORATION

17 For the repair, alteration, and improvement of ar18 chives facilities and presidential libraries, $1,500,000, to re19 main available until expended.

20 NATIONAL HISTORICAL PUBLICATIONS AND RECORDS

21 COMMISSION

22 GRANTS PROGRAM

23 For necessary expenses for allocations and grants for

24 historical publications and records as authorized by 44
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1 U.S.C. 2504, as amended, Ω82æ$4,000,000 $5,000,000 to

2 remain available until expended.

3 OFFICE OF GOVERNMENT ETHICS

4 SALARIES AND EXPENSES

5 For necessary expenses to carry out functions of the

6 Office of Government Ethics pursuant to the Ethics in

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

8 598, and the Ethics Reform Act of 1989, Public Law 101–

9 194, including services as authorized by 5 U.S.C. 3109,

10 rental of conference rooms in the District of Columbia and

11 elsewhere, hire of passenger motor vehicles, and not to ex12 ceed $1,500 for official reception and representation ex13 penses; Ω83æ$7,776,000 $8,328,000.

14 OFFICE OF PERSONNEL MANAGEMENT

15 SALARIES AND EXPENSES

16 (INCLUDING TRANSFER OF TRUST FUNDS)

17 For necessary expenses to carry out functions of the

18 Office of Personnel Management pursuant to Reorganiza19 tion Plan Numbered 2 of 1978 and the Civil Service Re20 form Act of 1978, including services as authorized by 5

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

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

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

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

25 reception and representation expenses, and advances for

26 reimbursements to applicable funds of the Office of Per-
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1 sonnel Management and the Federal Bureau of Investiga2 tion for expenses incurred under Executive Order 10422

3 of January 9, 1953, as amended; Ω84æ$85,524,000

4 $93,106,000, of which not to exceed $1,000,000 shall be

5 made available for the establishment of health promotion

6 and disease prevention programs for Federal employees and

7 in addition Ω85æ$102,536,000 $93,261,000 for adminis8 trative expenses, to be transferred from the appropriate

9 trust funds of the Office of Personnel Management with10 out regard to other statutes, including direct procurement

11 of health benefits printing, for the retirement and insur12 ance programs, of which $11,300,000 shall be transferred

13 at such times as the Office of Personnel Management

14 deems appropriate, and shall remain available until ex15 pended for the costs of automating the retirement record16 keeping systems, together with remaining amounts au17 thorized in previous Acts for the recordkeeping systems:

18 Provided, That the provisions of this appropriation shall

19 not affect the authority to use applicable trust funds as

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

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

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

23 made from the Employees Health Benefits Fund to any

24 physician, hospital, or other provider of health care serv25 ices or supplies who is, at the time such services or sup-
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1 plies are provided to an individual covered under chapter

2 89 of title 5, United States Code, excluded, pursuant to

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

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

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

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

7 this appropriation shall be available for salaries and ex8 penses of the Legal Examining Unit of the Office of Per9 sonnel Management established pursuant to Executive

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

11 purpose: Provided further, That the President’s Commis12 sion on White House Fellows, established by Executive

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

14 year ending September 30, 1996, accept donations of

15 money, property, and personal services in connection with

16 the development of a publicity brochure to provide infor17 mation about the White House Fellows, except that no

18 such donations shall be accepted for travel or reimburse19 ment of travel expenses, or for the salaries of employees

20 of such CommissionΩ86æ:–Provided further, That no funds

21 appropriated herein shall be used to pay administrative

22 expenses or the compensation of any officer or employee

23 of the United States to implement a reduction in force

24 in the Office of Federal Investigations prior to June 30,

25 1996.
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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 $6,181,000 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, $3,746,337,000 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
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1 required by chapter 87 of title 5, United States Code, such

2 sums as may be necessary.

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 Ω87æGENERAL PROVISIONS—OFFICE OF PERSONNEL

16 MANAGEMENT

17 GENERAL PROVISION—OFFICE OF PERSONNEL

18 MANAGEMENT

19 Ω88æSECTION 1. Section 1104 of title 5, United

20 States Code, is amended—

21 (1) in subsection (a)—

22 (A) in paragraph (2)—

23 (i) by striking ‘‘(except competitive

24 examinations for administrative law judges

25 appointed under section 3105 of this

26 title)’’; and
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1 (ii) by striking the semicolon at the

2 end of paragraph (2) and inserting in lieu

3 thereof a period; and

4 (B) by striking the matter following para5 graph (2) through ‘‘principles.’’; and

6 (2) in subsection (b) by adding at the end the

7 following new paragraph:

8 ‘‘(4) At the request of the head of an agency

9 to whom a function has been delegated under sub10 section (a)(2), the Office may provide assistance to

11 the agency in performing such function. Such assist12 ance shall, to the extent determined appropriate by

13 the Director of the Office, be performed on a reim14 bursable basis through the revolving fund established

15 under section 1304(e).’’.

16 Ω89æSEC. 2. Subparagraph (B) of section 8348(a)(1)

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

18 (1) by inserting ‘‘in making an allotment or as19 signment made by an individual under section

20 8345(h) or 8465(b) of this title,’’ after ‘‘law),’’; and

21 (2) by striking ‘‘title 26;’’ and inserting ‘‘title

22 26 or section 8345(k) or 8469 of this title;’’.

23 Ω90æSEC. 3. Section 4(a) of the Federal Workforce

24 Restructuring Act of 1994 (Public Law 103–226; 108

25 Stat. 111) is amended—
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1 (1) by deleting ‘‘FISCAL YEARS 1994 AND

2 1995’’ and inserting in lieu thereof: ‘‘VOLUNTARY

3 SEPARATION INCENTIVE PAYMENTS.—’’; and

4 (2) in paragraph (1)(A) by striking ‘‘and before

5 October 1, 1995,’’.

6 Ω91æSEC. 4. Title 5, United States Code, is amend7 ed—

8 (1) in the second section designated as section

9 3329 (as added by section 4431(a) of Public Law

10 102–484)—

11 (A) by redesignating such section as sec12 tion 3330; and

13 (B) by adding at the end thereof the fol14 lowing new subsection:

15 ‘‘(f) The Office may, to the extent it determines ap16 propriate, charge such fees to agencies for services pro17 vided under this section and for related Federal employ18 ment information. The Office shall retain such fees to pay

19 the costs of providing such services and information.’’; and

20 (2) in the table of sections for chapter 33 by

21 amending the second item relating to section 3329

22 to read as follows:

‘‘3330. Government-wide list of vacant positions.’’.

23 Ω92æSEC. 5. Section 1 under the subheading ‘‘General

24 Provision’’ under the heading ‘‘Office of Personnel Manage25 ment’’ under title IV of the Treasury, Postal Service and
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1 General Government Appropriations Act, 1992 (Public Law

2 102–141; 105 Stat. 861; 5 U.S.C. 5941 note), as amended

3 by section 532 of the Treasury, Postal Service and General

4 Government Appropriations Act, 1995 (Public Law 103–

5 329; 108 Stat. 2413), is further amended by striking ‘‘1996’’

6 both places it appears and inserting in lieu thereof ‘‘1998’’.

7 OFFICE OF SPECIAL COUNSEL

8 SALARIES AND EXPENSES

9 For necessary expenses to carry out functions of the

10 Office of Special Counsel pursuant to Reorganization Plan

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

12 1978 (Public Law 95–454), the Whistleblower Protection

13 Act of 1989 (Public Law 101–12), Public Law 103–424,

14 and the Uniformed Services Employment and Reemploy15 ment Act of 1994 (Public Law 103–353), including serv16 ices as authorized by 5 U.S.C. 3109, payment of fees and

17 expenses for witnesses, rental of conference rooms in the

18 District of Columbia and elsewhere, and hire of passenger

19 motor vehicles; $7,840,000.

20 UNITED STATES TAX COURT

21 SALARIES AND EXPENSES

22 For necessary expenses, including contract reporting

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

24 Ω93æ$32,899,000 $33,639,000: Provided, That travel ex-
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1 penses of the judges shall be paid upon the written certifi2 cate of the judge.

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

4 Appropriations Act, 1996’’.

5 TITLE V—GENERAL PROVISIONS

6 THIS ACT

7 Ω94æSECTION 501. No part of any appropriation

8 made available in this Act shall be used for the purchase

9 or sale of real estate or for the purpose of establishing

10 new offices inside or outside the District of Columbia: Pro11 vided, That this limitation shall not apply to programs

12 which have been approved by the Congress and appropria13 tions made 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. None of the funds made available to the

25 General Services Administration pursuant to section
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1 210(f) of the Federal Property and Administrative Serv2 ices Act of 1949 shall be obligated or expended after the

3 date of enactment of this Act for the procurement by con4 tract of any guard, elevator operator, messenger or custo5 dial services if any permanent veterans preference em6 ployee of the General Services Administration at said date,

7 would be terminated as a result of the procurement of

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

9 expended for the procurement by contract of the covered

10 services with sheltered workshops employing the severely

11 handicapped under Public Law 92–28. Only if such work12 shops decline to contract for the provision of the covered

13 services may the General Services Administration procure

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

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

16 expires or is terminated for any reason, the General Serv17 ices Administration shall again offer to contract for the

18 services from a sheltered workshop prior to offering such

19 services for competitive procurement.

20 SEC. 505. None of the funds made available by this

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

22 salary of any Government employee where funding an ac23 tivity or paying a salary to a Government employee would

24 result in a decision, determination, rule, regulation, or pol-
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1 icy that would prohibit the enforcement of section 307 of

2 the Tariff Act of 1930.

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

4 Act shall be available for the purpose of transferring con5 trol over the Federal Law Enforcement Training Center

6 located at Glynco, Georgia, and Artesia, New Mexico, out

7 of the Treasury Department.

8 SEC. 507. No part of any appropriation contained in

9 this Act shall be used for publicity or propaganda purposes

10 within the United States not heretofore authorized by the

11 Congress.

12 SEC. 508. No part of any appropriation contained in

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

14 of any officer or employee of the United States Postal

15 Service, who—

16 (1) prohibits or prevents, or attempts or threat17 ens to prohibit or prevent, any officer or employee

18 of the United States Postal Service from having any

19 direct oral or written communication or contact with

20 any Member or committee of Congress in connection

21 with any matter pertaining to the employment of

22 such officer or employee or pertaining to the United

23 States Postal Service in any way, irrespective of

24 whether such communication or contact is at the ini25 tiative of such officer or employee or in response to
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1 the request or inquiry of such Member or committee;

2 or

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

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

5 performance of efficiency rating, denies promotion

6 to, relocates, reassigns, transfers, disciplines, or dis7 criminates in regard to any employment right, enti8 tlement, or benefit, or any term or condition of em9 ployment of, any officer or employee of the United

10 States Postal Service, or attempts or threatens to

11 commit any of the foregoing actions with respect to

12 such officer or employee, by reason of any commu13 nication or contact of such officer or employee with

14 any Member or committee of Congress as described

15 in paragraph (1) of this subsection.

16 Ω95æSEC. 509. Funds under this Act shall be avail17 able as authorized by sections 4501–4506 of title 5, Unit18 ed States Code, when the achievement involved is certified,

19 or when an award for such achievement is otherwise pay20 able, in accordance with such sections. Such funds may

21 not be used for any purpose with respect to which the pre22 ceding sentence relates beyond fiscal year 1996.

23 SEC. 510. The Office of Personnel Management may,

24 during the fiscal year ending September 30, 1996, accept

25 donations of supplies, services, land and equipment for the
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1 Federal Executive Institute Ω96æ,–the Federal Quality In2 stitute, and Management Development Centers to assist

3 in enhancing the quality of Federal management.

4 SEC. 511. The United States Secret Service may,

5 during the fiscal year ending September 30, 1996, accept

6 donations of money to off-set costs incurred while protect7 ing former Presidents and spouses of former Presidents

8 when the former President or spouse travels for the pur9 pose of making an appearance or speech for a payment

10 of money or any thing of value.

11 Ω97æSEC. 512. None of the funds made available by

12 this Act may be used to withdraw the designation of the

13 Virginia Inland Port at Front Royal, Virginia, as a United

14 States Customs Service port of entry.

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

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

17 filling a position, other than a temporary position, for18 merly held by an employee who has left to enter the Armed

19 Forces of the United States and has satisfactorily com20 pleted his period of active military or naval service and

21 has within ninety days after his release from such service

22 or from hospitalization continuing after discharge for a

23 period of not more than one year made application for res24 toration to his former position and has been certified by

25 the Office of Personnel Management as still qualified to
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1 perform the duties of his former position and has not been

2 restored thereto.

3 SEC. 514. None of the funds made available in this

4 Act may be used to provide any non-public information

5 such as mailing or telephone lists to any person or any

6 organization outside of the Federal Government without

7 the approval of the House and Senate Committees on Ap8 propriations.

9 SEC. 515. COMPLIANCE WITH BUY AMERICAN

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

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

12 expending the assistance the entity will comply with sec13 tions 2 through 4 of the Act of March 3, 1933 (41 U.S.C.

14 10a–10c, popularly known as the ‘‘Buy American Act’’).

15 SEC. 516. SENSE OF CONGRESS; REQUIREMENT RE16 GARDING NOTICE.—(a) PURCHASE OF AMERICAN-MADE

17 EQUIPMENT AND PRODUCTS.—In the case of any equip18 ment or products that may be authorized to be purchased

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

20 sense of the Congress that entities receiving such assist21 ance should, in expending the assistance, purchase only

22 American-made equipment and products.

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

24 providing financial assistance under this Act, the Sec25 retary of the Treasury shall provide to each recipient of
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1 the assistance a notice describing the statement made in

2 subsection (a) by the Congress.

3 SEC. 517. PROHIBITION OF CONTRACTS.—If it has

4 been finally determined by a court or Federal agency that

5 any person intentionally affixed a label bearing a ‘‘Made

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

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

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

9 shall be ineligible to receive any contract or subcontract

10 made with funds provided pursuant to this Act, pursuant

11 to the debarment, suspension, and ineligibility procedures

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

13 of Federal Regulations.

14 Ω98æSEC. 518. Except as otherwise specifically pro15 vided by law, not to exceed 50 percent of unobligated bal16 ances remaining available at the end of fiscal year 1996

17 from appropriations made available for salaries and ex18 penses for fiscal year 1996 in this Act, shall remain avail19 able through September 30, 1997 for each such account

20 for the purposes authorized: Provided, That a request shall

21 be submitted to the House and Senate Committees on Ap22 propriations for approval prior to the expenditure of such

23 funds.

24 SEC. 519. Where appropriations in this Act are ex25 pendable for travel expenses of employees and no specific
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1 limitation has been placed thereon, the expenditures for

2 such travel expenses may not exceed the amount set forth

3 therefore in the budget estimates submitted for appropria4 tions without the advance approval of the House and Sen5 ate Committees on Appropriations: Provided, That this

6 section shall not apply to travel performed by uncompen7 sated officials of local boards and appeal boards in the

8 Selective Service System; to travel performed directly in

9 connection with care and treatment of medical bene10 ficiaries of the Department of Veterans Affairs; to travel

11 of the Office of Personnel Management in carrying out

12 its observation responsibilities of the Voting Rights Act;

13 or to payments to interagency motor pools separately set

14 forth in the budget schedules.

15 SEC. 520. Notwithstanding any other provision of law

16 or regulation: (1) The authority of the special police offi17 cers of the Bureau of Engraving and Printing, in the

18 Washington, DC Metropolitan area, extends to buildings

19 and land under the custody and control of the Bureau;

20 to buildings and land acquired by or for the Bureau

21 through lease, unless otherwise provided by the acquisition

22 agency; to the streets, sidewalks and open areas imme23 diately adjacent to the Bureau along Wallenberg Place

24 (15th Street) and 14th Street between Independence and

25 Maine Avenues and C and D Streets between 12th and
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1 14th Streets; to areas which include surrounding parking

2 facilities used by Bureau employees, including the lots at

3 12th and C Streets, SW, Maine Avenue and Water

4 Streets, SW, Maiden Lane, the Tidal Basin and East Po5 tomac Park; to the protection in transit of United States

6 securities, plates and dies used in the production of United

7 States securities, or other products or implements of the

8 Bureau of Engraving and Printing which the Director of

9 that agency so designates; (2) The exercise of police au10 thority by Bureau officers, with the exception of the exer11 cise of authority upon property under the custody and con12 trol of the Bureau, shall be deemed supplementary to the

13 Federal police force with primary jurisdictional respon14 sibility. This authority shall be in addition to any other

15 law enforcement authority which has been provided to

16 these officers under other provisions of law or regulations.

17 Ω99æSEC. 521. Section 5378 of Title 5, United

18 States Code, is amended by adding: ‘‘(8) Chief—not more

19 than the maximum rate payable for GS–14.’’

20 SEC. 522. Ω100æNotwithstanding any other provision

21 of law, there is hereby established in the Treasury of the

22 United States, a United States Mint Public Enterprise

23 Fund (the ‘‘Fund’’) Subchapter III of chapter 51 of subtitle

24 IV of title 31, United States Code, is amended by adding

25 at the end thereof the following new section: ‘‘SEC. 5136
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1 UNITED STATES MINT PUBLIC ENTERPRISE FUND.’’

2 There shall be established in the Treasury of the United

3 States, a United States Mint Public Enterprise Fund (the

4 ‘‘Fund’’) for fiscal year 1996 and hereafter: Provided, That

5 all receipts from Mint operations and programs, including

6 the production and sale of numismatic items, the produc7 tion and sale of circulating coinage, the protection of Gov8 ernment assets, and gifts and bequests of property, real

9 or personal shall be deposited into the Fund and shall be

10 available without fiscal year limitations: Provided further,

11 That all expenses incurred by the Secretary of the Treas12 ury for operations and programs of the United States

13 Mint that the Secretary of the Treasury determines, in

14 the Secretary’s sole discretion, to be ordinary and reason15 able incidents of Mint operations and programs, and any

16 expense incurred pursuant to any obligation or other com17 mitment of Mint operations and programs that was en18 tered into before the establishment of the Fund, shall be

19 paid out of the Fund: Provided further, That not to exceed

20 6.2415 percent of the nominal value of the coins minted,

21 shall be paid out of the Fund for the circulating coin oper22 ations and programs Ω101æpreviously provided for by ap23 propriation: Provided further, That the Secretary of the

24 Treasury may borrow such funds from the General Fund

25 as may be necessary to meet existing liabilities and obliga-
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1 tions incurred prior to the receipt of revenues into the

2 Fund Ω102æand: Provided further, That the General Fund

3 shall be reimbursed for such funds by the Fund within

4 one year of the date of the loan Ω103æand: Provided fur5 ther, That the Fund may retain receipts from the Federal

6 Reserve System from the sale of circulating coins at face

7 value for deposit into the FundΩ104æ;–and: Provided fur8 ther, That the Secretary of the Treasury shall transfer to

9 the Fund all assets and liabilities of the Mint operations

10 and programs, including all Numismatic Public Enterprise

11 Fund assets and liabilities, all receivables, unpaid obliga12 tions and unobligated balances from the Mint’s appropria13 tion, the Coinage Profit Fund, and the Coinage Metal

14 Fund, and the land and buildings of the Philadelphia

15 Mint, Denver Mint, and the Fort Knox Bullion Deposi16 tory: Provided further, That the Numismatic Public Enter17 prise Fund, the Coinage Profit Fund and the Coinage

18 Metal Fund shall cease to exist as separate funds as their

19 activities and functions are subsumed under and subject

20 to the Fund, and the requirements of 31 USC 5134(c)(4),

21 (c)(5)(B), and (d) and (e) of the Numismatic Public En22 terprise Fund shall apply to the Fund: Provided further,

23 That at such times as the Secretary of the Treasury deter24 mines appropriate, but not less than annually, any amount

25 in the Fund that is determined to be in excess of the
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1 amount required by the Fund shall be transferred to the

2 Treasury for deposit as miscellaneous receipts: Provided

3 further, That the term ‘‘Mint operations and programs’’

4 means (1) the activities concerning, and assets utilized in,

5 the production, administration, distribution, marketing,

6 purchase, sale, and management of coinage, numismatic

7 items, the protection and safeguarding of Mint assets and

8 those non-Mint assets in the custody of the Mint, and the

9 Fund; and (2) includes capital, personnel salaries and

10 compensation, functions relating to operations, marketing,

11 distribution, promotion, advertising, official reception and

12 representation, the acquisition or replacement of equip13 ment, the renovation or modernization of facilities, and the

14 construction or acquisition of new buildings: Provided fur15 ther, That the term ‘‘numismatic item’’ Ω105æmeans in16 cludes any medal, proof coin, uncirculated coin, bullion

17 coin, Ω106æor other coin specifically designated by statute

18 as a numismatic item, including numismatic collectible

19 other monetary issuances and products and accessories re20 lated to any such medal, coinΩ107æ,–or item: Provided

21 further, That provisions of law governing procurement or

22 public contracts shall not be applicable to the procurement

23 of goods or services necessary for carrying out Mint pro24 grams and operations and such programs and operations
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1 shall also be exempt from all government personnel regula2 tions, ceilings, and full-time equivalent controls.

3 SEC. 523. Section 531 of Public Law 103–329, is

4 amended by inserting, ‘‘of the first section’’, after ‘‘adding

5 at the end’’.

6 Ω108æSEC. 524. No funds appropriated by this Act

7 shall be available to pay for an abortion, or the adminis8 trative expenses in connection with any health plan under

9 the Federal employees health benefit program which pro10 vides any benefits or coverage for abortions.

11 SEC. 525. The provision of section 524 shall not

12 apply where the life of the mother would be endangered

13 if the fetus were carried to term.

14 Ω109æSEC. 524. No funds appropriated by this Act

15 shall be available to pay for an abortion, or the administra16 tive expenses in connection with any health plan under the

17 Federal employees health benefit program which provides

18 any benefits or coverage for abortions.

19 SEC. 525. The provision of section 524 shall not apply

20 where the life of the mother would be endangered if the fetus

21 were carried to term, or that the pregnancy is the result

22 of an act of rape or incest.

23 Ω110æSEC. 526. Notwithstanding any other provision

24 of law, the Administrator of General Services shall dele25 gate the authority to procure automatic data processing
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1 equipment for the Tax Systems Modernization Program

2 to the Secretary of the Treasury: Provided, That the Direc3 tor of the Office of Management and Budget shall have the

4 authority to revoke such delegation upon the written rec5 ommendation of the Administrator that the Secretary’s ac6 tions under such delegation are inconsistent with the goals

7 of economic and efficient procurement and utilization of

8 automatic data processing equipment: Provided further,

9 That for all other purposes, a procurement conducted

10 under such delegation shall be treated as if made under

11 a delegation by the Administrator pursuant to 40 U.S.C.

12 759.

13 Ω111æSEC. 527. RELIEF OF CERTAIN PERIODICAL

14 PUBLICATIONS.—For mail classification purposes under

15 section 3626 of title 39, United States Code, and any reg16 ulations of the United States Postal Service for the admin17 istration of that section, a weekly second-class periodical

18 publication which—

19 (i) is eligible to publish legal notices under any

20 applicable laws of the State where it is published;

21 (ii) is eligible to be mailed at the rates for mail

22 under former subsection 4358 (a), (b), and (c) of

23 title 39, United States Code, as limited by current

24 subsection 3626(g) of that title; and
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1 (iii) the pages of which were customarily se2 cured by 2 staples before March 19, 1989;

3 shall not be considered to be a bound publication solely

4 because its pages continue to be secured by 2 staples after

5 that date.

6 Ω112æSEC. 528. None of the funds in this Act may

7 be obligated or expended for employee training that does

8 not meet identified needs for knowledge, skills and abilities

9 bearing directly upon the performance of official duties.

10 SEC. 529. (a) Prior to February 15, 1996, none of

11 the funds appropriated by this Act may, with respect to

12 an individual employed by the Bureau of the Public Debt

13 in the Washington metropolitan region on April 10, 1991,

14 be used to separate, reduce the grade or pay of, or carry

15 out any other adverse personnel action against such indi16 vidual for declining to accept a directed reassignment to

17 a position outside such region, pursuant to a transfer of

18 any such Bureau’s operations or functions to Parkersburg,

19 West Virginia.

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

21 individual who, prior to February 15, 1996, declines an

22 offer of another position in the Department of the Treas23 ury which is of at least equal pay and which is within the

24 Washington metropolitan region.
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1 Ω113æSEC. 530. Section 4 of the Presidential Protec2 tion Assistance Act of 1976, Public Law 94–524, is amend3 ed by striking ‘‘$75,000’’ and inserting in lieu thereof

4 ‘‘$200,000’’.

5 Ω114æSEC. 531. No part of any appropriation made

6 available in this Act shall be used to implement Bureau

7 of Alcohol, Tobacco and Firearms Ruling TD ATF–360; Re:

8 Notice Nos. 782, 780, 91F009P.

9 Ω115æSEC. 532. Section 5542 of title 5, United States

10 Code is amended by adding the following new subsection

11 at the end:

12 ‘‘(e) Notwithstanding subsection (d)(1) of this section,

13 all hours of overtime work scheduled in advance of the ad14 ministrative workweek shall be compensated under sub15 section (a) if that work involves duties as authorized by

16 section 3056(a) of title 18, United States Code and if the

17 investigator performs, on that same day, at least 2 hours

18 of overtime work not scheduled in advance of the adminis19 trative workweek.’’.

20 TITLE VI—GOVERNMENTWIDE GENERAL

21 PROVISIONS

22 DEPARTMENTS, AGENCIES, AND CORPORATIONS

23 SECTION 601. Funds appropriated in this or any

24 other Act may be used to pay travel to the United States
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1 for the immediate family of employees serving abroad in

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

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

4 of the United States receiving appropriated funds under

5 this or any other Act for fiscal year 1996 shall obligate

6 or expend any such funds, unless such department, agen7 cy, or instrumentality has in place, and will continue to

8 administer in good faith, a written policy designed to en9 sure that all of its workplaces are free from the illegal

10 use, possession, or distribution of controlled substances

11 (as defined in the Controlled Substances Act) by the offi12 cers and employees of such department, agency, or instru13 mentality.

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

15 agency, department or instrumentality of the United

16 States which provides or proposes to provide child care

17 services for Federal employees may reimburse any Federal

18 employee or any person employed to provide such services

19 for travel, transportation, and subsistence expenses in20 curred for training classes, conferences or other meetings

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

22 That any per diem allowance made pursuant to this sec23 tion shall not exceed the rate specified in regulations pre24 scribed pursuant to section 5707 of title 5, United States

25 Code.
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1 SEC. 604. Unless otherwise specifically provided, the

2 maximum amount allowable during the current fiscal year

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

4 (60 Stat. 810), for the purchase of any passenger motor

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

6 and undercover surveillance vehicles), is hereby fixed at

7 $8,100 except station wagons for which the maximum

8 shall be $9,100: Provided, That these limits may be ex9 ceeded by not to exceed $3,700 for police-type vehicles,

10 and by not to exceed $4,000 for special heavy-duty vehi11 cles: Provided further, That the limits set forth in this sec12 tion may not be exceeded by more than five percent for

13 electric or hybrid vehicles purchased for demonstration

14 under the provisions of the Electric and Hybrid Vehicle

15 Research, Development, and Demonstration Act of 1976:

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

17 may be exceeded by the incremental cost of clean alter18 native fuels vehicles acquired pursuant to Public Law

19 101–549 over the cost of comparable conventionally fueled

20 vehicles.

21 SEC. 605. Appropriations of the executive depart22 ments and independent establishments for the current fis23 cal year available for expenses of travel or for the expenses

24 of the activity concerned, are hereby made available for
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1 quarters allowances and cost-of-living allowances, in ac2 cordance with 5 U.S.C. 5922–24.

3 SEC. 606. Unless otherwise specified during the cur4 rent fiscal year no part of any appropriation contained in

5 this or any other Act shall be used to pay the compensa6 tion of any officer or employee of the Government of the

7 United States (including any agency the majority of the

8 stock of which is owned by the Government of the United

9 States) whose post of duty is in the continental United

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

11 States, (2) is a person in the service of the United States

12 on the date of enactment of this Act who, being eligible

13 for citizenship, has filed a declaration of intention to be14 come a citizen of the United States prior to such date and

15 is actually residing in the United States, (3) is a person

16 who owes allegiance to the United States, (4) is an alien

17 from Cuba, Poland, South Vietnam, the countries of the

18 former Soviet Union, or the Baltic countries lawfully ad19 mitted to the United States for permanent residence,

20 Ω116æor (5) South Vietnamese, Cambodian, and Laotian

21 refugees paroled in the United States after January 1,

22 1975, or (6) nationals of the People’s Republic of China

23 that qualify for adjustment of status pursuant to the Chi24 nese Student Protection Act of 1992: Provided, That for

25 the purpose of this section, an affidavit signed by any such
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1 person shall be considered prima facie evidence that the

2 requirements of this section with respect to his or her sta3 tus have been complied with: Provided further, That any

4 person making a false affidavit shall be guilty of a felony,

5 and, upon conviction, shall be fined no more than $4,000

6 or imprisoned for not more than one year, or both: Pro7 vided further, That the above penal clause shall be in addi8 tion to, and not in substitution for, any other provisions

9 of existing law: Provided further, That any payment made

10 to any officer or employee contrary to the provisions of

11 this section shall be recoverable in action by the Federal

12 Government. This section shall not apply to citizens of Ire13 land, Israel, the Republic of the Philippines or to nationals

14 of those countries allied with the United States in the cur15 rent defense effort, or to international broadcasters em16 ployed by the United States Information Agency, or to

17 temporary employment of translators, or to temporary em18 ployment in the field service (not to exceed sixty days) as

19 a result of emergencies.

20 SEC. 607. Appropriations available to any depart21 ment or agency during the current fiscal year for nec22 essary expenses, including maintenance or operating ex23 penses, shall also be available for payment to the General

24 Services Administration for charges for space and services

25 and those expenses of renovation and alteration of build-
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1 ings and facilities which constitute public improvements

2 performed in accordance with the Public Buildings Act of

3 1959 (73 Stat. 749), the Public Buildings Amendments

4 of 1972 (87 Stat. 216), or other applicable law.

5 SEC. 608. In addition to funds provided in this or

6 any other Act, all Federal agencies are authorized to re7 ceive and use funds resulting from the sale of materials

8 recovered through recycling or waste prevention programs.

9 Such funds shall be available until expended for the follow10 ing purposes:

11 (1) Acquisition, waste reduction and prevention

12 and recycling programs as described in Executive

13 Order 12873 (October 20, 1993), including any such

14 programs adopted prior to the effective date of the

15 Executive Order.

16 (2) Other Federal agency environmental man17 agement programs, including but not limited to, the

18 development and implementation of hazardous waste

19 management and pollution prevention programs.

20 (3) Other employee programs as authorized by

21 law or as deemed appropriate by the head of the

22 Federal agency.

23 SEC. 609. Funds made available by this or any other

24 Act for administrative expenses in the current fiscal year

25 of the corporations and agencies subject to chapter 91 of
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1 title 31, United States Code, shall be available, in addition

2 to objects for which such funds are otherwise available,

3 for rent in the District of Columbia; services in accordance

4 with 5 U.S.C. 3109; and the objects specified under this

5 head, all the provisions of which shall be applicable to the

6 expenditure of such funds unless otherwise specified in the

7 Act by which they are made available: Provided, That in

8 the event any functions budgeted as administrative ex9 penses are subsequently transferred to or paid from other

10 funds, the limitations on administrative expenses shall be

11 correspondingly reduced.

12 SEC. 610. No part of any appropriation for the cur13 rent fiscal year contained in this or any other Act shall

14 be paid to any person for the filling of any position for

15 which he or she has been nominated after the Senate has

16 voted not to approve the nomination of said person.

17 SEC. 611. Any department or agency to which the

18 Administrator of General Services has delegated the au19 thority to operate, maintain or repair any building or facil20 ity pursuant to section 205(d) of the Federal Property and

21 Administrative Services Act of 1949, as amended, shall

22 retain that portion of the GSA rental payment available

23 for operation, maintenance or repair of the building or fa24 cility, as determined by the Administrator, and expend

25 such funds directly for the operation, maintenance or re-
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1 pair of the building or facility. Any funds retained under

2 this section shall remain available until expended for such

3 purposes.

4 SEC. 612. Pursuant to section 1415 of the Act of

5 July 15, 1952 (66 Stat. 662), foreign credits (including

6 currencies) owed to or owned by the United States may

7 be used by Federal agencies for any purpose for which

8 appropriations are made for the current fiscal year (in9 cluding the carrying out of Acts requiring or authorizing

10 the use of such credits), only when reimbursement therefor

11 is made to the Treasury from applicable appropriations

12 of the agency concerned: Provided, That such credits re13 ceived as exchanged allowances or proceeds of sales of per14 sonal property may be used in whole or part payment for

15 acquisition of similar items, to the extent and in the man16 ner authorized by law, without reimbursement to the

17 Treasury.

18 SEC. 613. No part of any appropriation contained in

19 this or any other Act shall be available for interagency

20 financing of boards, commissions, councils, committees, or

21 similar groups (whether or not they are interagency enti22 ties) which do not have a prior and specific statutory ap23 proval to receive financial support from more than one

24 agency or instrumentality.
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1 SEC. 614. Funds made available by this or any other

2 Act to the ‘‘Postal Service Fund’’ (39 U.S.C. 2003) shall

3 be available for employment of guards for all buildings and

4 areas owned or occupied by the Postal Service and under

5 the charge and control of the Postal Service, and such

6 guards shall have, with respect to such property, the pow7 ers of special policemen provided by the first section of

8 the Act of June 1, 1948, as amended (62 Stat. 281; 40

9 U.S.C. 318), and, as to property owned or occupied by

10 the Postal Service, the Postmaster General may take the

11 same actions as the Administrator of General Services

12 may take under the provisions of sections 2 and 3 of the

13 Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C.

14 318a, 318b), attaching thereto penal consequences under

15 the authority and within the limits provided in section 4

16 of the Act of June 1, 1948, as amended (62 Stat. 281;

17 40 U.S.C. 318c).

18 SEC. 615. None of the funds made available pursuant

19 to the provisions of this Act shall be used to implement,

20 administer, or enforce any regulation which has been dis21 approved pursuant to a resolution of disapproval duly

22 adopted in accordance with the applicable law of the Unit23 ed States.

24 SEC. 616. (a) Notwithstanding any other provision

25 of law, and except as otherwise provided in this section,
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1 no part of any of the funds appropriated for the fiscal

2 year ending on September 30, 1996, by this or any other

3 Act, may be used to pay any prevailing rate employee de4 scribed in section 5342(a)(2)(A) of title 5, United States

5 Code—

6 (1) during the period from the date of expira7 tion of the limitation imposed by section 617 of the

8 Treasury, Postal Service and General Government

9 Appropriations Act, 1995, until the normal effective

10 date of the applicable wage survey adjustment that

11 is to take effect in fiscal year 1996, in an amount

12 that exceeds the rate payable for the applicable

13 grade and step of the applicable wage schedule in

14 accordance with such section 617; and

15 (2) during the period consisting of the remain16 der of fiscal year 1996, in an amount that exceeds,

17 as a result of a wage survey adjustment, the rate

18 payable under paragraph (1) by more than the sum

19 of—

20 (A) the percentage adjustment taking ef21 fect in fiscal year 1996 under section 5303 of

22 title 5, United States Code, in the rates of pay

23 under the General Schedule; and

24 (B) the difference between the overall aver25 age percentage of the locality-based comparabil-
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1 ity payments taking effect in fiscal year 1996

2 under section 5304 of such title (whether by

3 adjustment or otherwise), and the overall aver4 age percentage of such payments which was ef5 fective in fiscal year 1995 under such section.

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

7 prevailing rate employee described in subparagraph (B) or

8 (C) of section 5342(a)(2) of title 5, United States Code,

9 and no employee covered by section 5348 of such title,

10 may be paid during the periods for which subsection (a)

11 is in effect at a rate that exceeds the rates that would

12 be payable under subsection (a) were subsection (a) appli13 cable to such employee.

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

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

16 is paid from a schedule not in existence on September 30,

17 1995, shall be determined under regulations prescribed by

18 the Office of Personnel Management.

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

20 of premium pay for employees subject to this section may

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

22 1995, except to the extent determined by the Office of

23 Personnel Management to be consistent with the purpose

24 of this section.
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1 (e) This section shall apply with respect to pay for

2 service performed after September 30, 1995.

3 (f) For the purpose of administering any provision

4 of law (including section 8431 of title 5, United States

5 Code, and any rule or regulation that provides premium

6 pay, retirement, life insurance, or any other employee ben7 efit) that requires any deduction or contribution, or that

8 imposes any requirement or limitation on the basis of a

9 rate of salary or basic pay, the rate of salary or basic pay

10 payable after the application of this section shall be treat11 ed as the rate of salary or basic pay.

12 (g) Nothing in this section shall be considered to per13 mit or require the payment to any employee covered by

14 this section at a rate in excess of the rate that would be

15 payable were this section not in effect.

16 (h) The Office of Personnel Management may provide

17 for exceptions to the limitations imposed by this section

18 if the Office determines that such exceptions are necessary

19 to ensure the recruitment or retention of qualified employ20 ees.

21 SEC. 617. During the period in which the head of

22 any department or agency, or any other officer or civilian

23 employee of the Government appointed by the President

24 of the United States, holds office, no funds may be obli25 gated or expended in excess of $5,000 to furnish or re-
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1 decorate the office of such department head, agency head,

2 officer or employee, or to purchase furniture or make im3 provements for any such office, unless advance notice of

4 such furnishing or redecoration is expressly approved by

5 the Committees on Appropriations of the House and Sen6 ate. For the purposes of this section, the word ‘‘office’’

7 shall include the entire suite of offices assigned to the indi8 vidual, as well as any other space used primarily by the

9 individual or the use of which is directly controlled by the

10 individual.

11 SEC. 618. Notwithstanding any other provision of

12 law, no executive branch agency shall purchase, construct,

13 and/or lease any additional facilities, except within or con14 tiguous to existing locations, to be used for the purpose

15 of conducting Federal law enforcement training without

16 the advance approval of the House and Senate Committees

17 on Appropriations.

18 Ω117æSEC. 619. (a) No amount of any grant made

19 by a Federal agency shall be used to finance the acquisi20 tion of goods or services (including construction services)

21 unless the recipient of the grant agrees, as a condition

22 for the receipt of such grant, to—

23 (1) specify in any announcement of the award24 ing of the contract for the procurement of the goods

25 and services involved (including construction serv-
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1 ices) the amount of Federal funds that will be used

2 to finance the acquisition; and

3 (2) express the amount announced pursuant to

4 paragraph (1) as a percentage of the total costs of

5 the planned acquisition.

6 (b) The requirements of subsection (a) shall not apply

7 to a procurement for goods or services (including construc8 tion services) that has an aggregate value of less than

9 $500,000.

10 SEC. 620. Notwithstanding section 1346 of title 31,

11 United States Code, funds made available for fiscal year

12 1996 by this or any other Act shall be available for the

13 interagency funding of national security and emergency

14 preparedness telecommunications initiatives which benefit

15 multiple Federal departments, agencies, or entities, as

16 provided by Executive Order Numbered 12472 (April 3,

17 1984).

18 SEC. 621. Notwithstanding any provisions of this or

19 any other Act, during the fiscal year ending September

20 30, 1996, and hereafter, any department, division, bureau,

21 or office may use funds appropriated by this or any other

22 Act to install telephone lines, and necessary equipment,

23 and to pay monthly charges, in any private residence or

24 private apartment of an employee who has been authorized

25 to work at home in accordance with guidelines issued by
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1 the Office of Personnel Management: Provided, That the

2 head of the department, division, bureau, or office certifies

3 that adequate safeguards against private misuse exist, and

4 that the service is necessary for direct support of the agen5 cy’s mission.

6 SEC. 622. (a) None of the funds appropriated by this

7 or any other Act may be obligated or expended by any

8 Federal department, agency, or other instrumentality for

9 the salaries or expenses of any employee appointed to a

10 position of a confidential or policy-determining character

11 excepted from the competitive service pursuant to section

12 3302 of title 5, United States Code, without a certification

13 to the Office of Personnel Management from the head of

14 the Federal department, agency, or other instrumentality

15 employing the Schedule C appointee that the Schedule C

16 position was not created solely or primarily in order to

17 detail the employee to the White House.

18 (b) The provisions of this section shall not apply to

19 Federal employees or members of the armed services de20 tailed to or from—

21 (1) the Central Intelligence Agency;

22 (2) the National Security Agency;

23 (3) the Defense Intelligence Agency;
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1 (4) the offices within the Department of De2 fense for the collection of specialized national foreign

3 intelligence through reconnaissance programs;

4 (5) the Bureau of Intelligence and Research of

5 the Department of State;

6 (6) any agency, office, or unit of the Army,

7 Navy, Air Force, and Marine Corps, the Federal Bu8 reau of Investigation and the Drug Enforcement Ad9 ministration of the Department of Justice, the De10 partment of Transportation, the Department of the

11 Treasury, and the Department of Energy perform12 ing intelligence functions; and

13 (7) the Director of Central Intelligence.

14 Ω118æ(c)(1) None of the funds appropriated by this

15 or any other Act may be obligated or expended by any Fed16 eral department, agency, or other instrumentality to em17 ploy, on or after January 1, 1996, in excess of a total of

18 2,000 employees in the Executive Branch who are (i) em19 ployed in a position on the executive schedule under sections

20 5312 through 5316 of title 5, United States Code, (ii) a

21 limited term appointee, limited emergency appointee, or

22 noncareer appointee in the senior executive service as de23 fined under section 3132(a) (5), (6), and (7) of title 5,

24 United States Code, respectively, or (iii) employed in a po25 sition in the executive branch of the Government of a con-
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1 fidential or policy-determining character under Schedule C

2 of subpart C of part 213 of title 5 of the Code of Federal

3 Regulations.

4 (2) Notwithstanding the provisions of subsection (c)(1)

5 of this section, any actions required by such section shall

6 be consistent with reduction in force procedures established

7 under section 3502 of title 5, United States Code.

8 SEC. 623. No department, agency, or instrumentality

9 of the United States receiving appropriated funds under

10 this or any other Act for fiscal year 1996 shall obligate

11 or expend any such funds, unless such department, agency

12 or instrumentality has in place, and will continue to ad13 minister in good faith, a written policy designed to ensure

14 that all of its workplaces are free from discrimination and

15 sexual harassment and that all of its workplaces are not

16 in violation of title VII of the Civil Rights Act of 1964,

17 as amended, the Age Discrimination in Employment Act

18 of 1967, and the Rehabilitation Act of 1973.

19 SEC. 624. No part of any appropriation contained in

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

21 of employees, including employees of the Executive Office

22 of the President, not directly responsible for the discharge

23 of official governmental tasks and duties: Provided, That

24 this restriction shall not apply to the family of the Presi25 dent, Members of Congress or their spouses, Heads of
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1 State of a foreign country or their designee(s), persons

2 providing assistance to the President for official purposes,

3 or other individuals so designated by the President.

4 SEC. 625. Notwithstanding any provision of law, the

5 President, or his designee, must certify to Congress, annu6 ally, that no person or persons with direct or indirect re7 sponsibility for administering the Executive Office of the

8 President’s Drug-Free Workplace Plan are themselves

9 subject to a program of individual random drug testing.

10 SEC. 626. (a) Beginning in fiscal year 1996 and

11 thereafter, for each Federal agency, except the Depart12 ment of Defense (which has separate authority),

13 Ω119æand except as provided in Public Law 102–393, title

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

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

16 to 50 percent of—

17 (1) the amount of each utility rebate received

18 by the agency for energy efficiency and water con19 servation measures, which the agency has imple20 mented; and

21 (2) the amount of the agency’s share of the

22 measured energy savings resulting from energy-sav23 ings performance contracts

24 may be retained and credited to accounts that fund energy

25 and water conservation activities at the agency’s facilities,
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1 and shall remain available until expended for additional

2 specific energy efficiency or water conservation projects or

3 activities, including improvements and retrofits, facility

4 surveys, additional or improved utility metering, and em5 ployee training and awareness programs, as authorized by

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

7 486).

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

9 remaining 50 percent of the amount of the agency’s share

10 of savings from energy-savings performance contracts,

11 shall be transferred to the General Fund of the Treasury

12 at the end of the fiscal year in which received.

13 Ω120æSEC. 627. Notwithstanding any other provision

14 of law, there is hereby established a Commission which

15 shall be known as the ‘‘Commission on Federal Mandates’’

16 (hereafter referred to as the ‘‘Commission’’): Provided,

17 That the Commission shall be composed of nine Members

18 appointed from individuals who possess extensive leader19 ship experience in and knowledge of State, local, and tribal

20 governments and intergovernmental relations, including

21 State and local elected officials, as follows: (1) three Mem22 bers appointed by the Speaker of the House of Represent23 atives, in consultation with the minority leader of the

24 House of Representatives; (2) three Members appointed

25 by the majority leader of the Senate, in consultation with
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1 the minority leader of the Senate: and (3) three Members

2 appointed by the President: Provided further, That ap3 pointments may be made under this section without re4 gard to section 5311(b) of title 5, United States Code:

5 Provided further, That in general, each member of the

6 Commission shall be appointed for the life of the Commis7 sion and a vacancy in the Commission shall be filled in

8 the manner in which the original appointment was made:

9 Provided further, That (1) Members of the Commission

10 shall serve without pay; (2) Members of the Commission

11 who are full-time officers or employees of the United

12 States may not receive additional pay, allowances or bene13 fits by reason of their service on the Commission; and (3)

14 Each Member of the Commission may receive travel ex15 penses, including per diem in lieu of subsistence, in ac16 cordance with sections 5702 and 5703 of title 5, United

17 States Code: Provided further, That the Commission shall

18 convene its first meeting by not later than 15 days after

19 the date of the completion of appointment of the Members

20 of the Commission: Provided further, That the Commission

21 shall report on Federal mandates as specified in sections

22 302 (a), (c), (d), (e), and (f) of Public Law 104–4: Pro23 vided further, That the Commission shall have all authori24 ties specified under section 303 of Public Law 104–4: Pro25 vided further, That the term ‘‘Federal mandate’’ shall have
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1 the same meaning as specified in section 305 of Public

2 Law 104–4, notwithstanding sections 3 and 4 of that law:

3 Provided further, That the Commission shall terminate 90

4 days after making the final report identified above.

5 Ω121æSEC. 628. The amounts otherwise provided in

6 tis Act under the heading ‘‘General Services Administra7 tion—Federal Buildings Fund—Limitations on Availabil8 ity of Revenue’’ for the fololwoing purpsoes are each re9 duced by $65,764,000:

10 (1) Aggregate amount available from the Fund.

11 (2) Total Amount available from the Fund for

12 construction of additional projects.

13 (3) Amount available for new construction,

14 Maryland, Montgomery and Prince George’s Coun15 ties, Food and Drug Administration, Phase II.

16 (4) Amount in excess of which revenues and

17 collections accruing to the Fund shall remain in the

18 Fund.

19 Ω122æSEC. 629. None of the funds made available

20 in this Act may be obligated or expended for any employee

21 training when it is made known to the Federal official hav22 ing authority to obligate or expend such funds that such

23 employee training—
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1 (1) does not meet identified needs for knowl2 edge, skills, and abilities bearing directly upon the

3 performance of official duties;

4 (2) contains elements likely to induce high lev5 els of emotional response or psychological stress in

6 some participants;

7 (3) does not require prior employee notification

8 of the content and methods to be used in the train9 ing and written end of course evaluations;

10 (4) contains any methods or content associated

11 with religious or quasi-religious belief systems or

12 ‘‘new age’’ belief systems as defined in Equal Em13 ployment Opportunity Commission Notice N–

14 915.022, dated September 2, 1988;

15 (5) is offensive to, or designed to change, par16 ticipants’ personal values or lifestyle outside the

17 workplace; or

18 (6) includes content related to human

19 immunodeficiency virus/acquired immune deficiency

20 syndrome (HIV/AIDS) other than that necessary to

21 make employees more aware of the medical ramifica22 tions of HIV/AIDS and the workplace rights of

23 HIV-positive employees.

24 Ω123æSEC. 630. No amount made available in this

25 Act may be used for the salaries or expenses of any em-
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1 ployee, including any employee of the Executive Office of

2 the President, in connection with the obligation or expend3 iture of funds in the exchange stabilization fund when it

4 is made known to the Federal official to whom such

5 amounts are made available in this Act that such obliga6 tion or expenditure is for the purpose of bolstering any

7 foreign currency.

8 Ω124æSEC. 631. (a) Notwithstanding the provisions of

9 sections 112 and 113 of title 3, United States Code, each

10 Executive agency detailing any personnel shall submit on

11 an annual basis in each fiscal year to the Senate and House

12 Committees on Appropriations on all employees or members

13 of the armed services detailed to Executive agencies, listing

14 the grade, position, and offices of each person detailed and

15 the agency to which each such person is detailed.

16 (b) The provisions of this section shall not apply to

17 Federal employees or members of the armed services detailed

18 to or from—

19 (1) the Central Intelligence Agency;

20 (2) the National Security Agency;

21 (3) the Defense Intelligence Agency;

22 (4) the offices within the Department of Defense

23 for the collection of specialized national foreign intel24 ligence through reconnaissance programs;
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1 (5) the Bureau of Intelligence and Research of

2 the Department of State;

3 (6) any agency, office, or unit of the Army,

4 Navy, Air Force, Marine Corps, the Federal Bureau

5 of Investigation and the Drug Enforcement Adminis6 tration of the Department of Justice, the Department

7 of the Treasury, the Department of Transportation,

8 and the Department of Energy performing intel9 ligence functions; and

10 (7) the Director of Central Intelligence.

11 (c) The exemptions in part (b) of this section are not

12 intended to apply to information on the use of personnel

13 detailed to or from the intelligence agencies which is cur14 rently being supplied to the Senate and House Intelligence

15 and Appropriations Committees by the executive branch

16 through budget justification materials and other reports.

17 (d) For the purpose of this section, the term ‘‘Executive

18 agency’’ has the same meaning as defined under section 105

19 of title 5, United States Code (except that the provisions

20 of section 104(2) of title 5, United States Code, shall not

21 apply), and includes the White House Office, the Executive

22 Residence, and any office, council, or organizational unit

23 of the Executive Office of the President.

24 Ω125æSEC. 632. No funds appropriated in this or any

25 other Act for fiscal year 1996 may be used to implement
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1 or enforce the agreements in Standard Forms 312 and 4355

2 of the Government or any other nondisclosure policy, form

3 or agreement if such policy, form or agreement does not con4 tain the following provisions: ‘‘These restrictions are con5 sistent with and do not supersede, conflict with or otherwise

6 alter the employee obligations, rights or liabilities created

7 by Executive Order 12356; section 7211 of title 5, United

8 States Code (governing disclosures to Congress); section

9 1034 of title 10, United States Code, as amended by the

10 Military Whistleblower Protection Act (governing disclosure

11 to Congress by members of the military); section 2302(b)(8)

12 of title 5, United States Code, as amended by the Whistle13 blower Protection Act (governing disclosures of illegality,

14 waste, fraud, abuse or public health or safety threats); the

15 Intelligence Identities Protection Act of 1982 (50 U.S.C.

16 421 et seq.) (governing disclosures that could expose con17 fidential Government agents), and the statutes which pro18 tect against disclosure that may compromise the national

19 security, including sections 641, 793, 794, 798, and 952 of

20 title 18, United States Code, and section 4(b) of the Subver21 sive Activities Act of 1950 (50 U.S.C. section 783(b)). The

22 definitions, requirements, obligations, rights, sanctions and

23 liabilities created by said Executive Order and listed stat24 utes are incorporated into this agreement and are control25 ling’’: Provided, That notwithstanding the preceding para-
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1 graph, a nondisclosure policy form or agreement that is to

2 be executed by a person connected with the conduct of an

3 intelligence or intelligence-related activity, other than an

4 employee or officer of the United States Government, may

5 contain provisions appropriate to the particular activity

6 for which such document is to be used. Such form or agree7 ment shall, at a minimum, require that the person will not

8 disclose any classified information received in the course

9 of such activity unless specifically authorized to do so by

10 the United States Government. Such nondisclosure forms

11 must also make it clear that they do not bar disclosures

12 to Congress or to an authorized official of an executive agen13 cy or the Department of Justice that are essential to report14 ing a substantial violation of law.

15 Ω126æSEC. 633. (a) None of the funds appropriated

16 by this or any other Act may be expended by any Federal

17 Agency to procure any product or service that is subject

18 to the provisions of Public Law 89–306 and that will be

19 available under the procurement by the Administrator of

20 General Services known as ‘‘FTS2000’’ unless—

21 (1) such product or service is procured by the

22 Administrator of General Services as part of the pro23 curement known as ‘‘FTS2000’’; or

24 (2) that agency establishes to the satisfaction of

25 the Administrator of General Services that—
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1 (A) that agency’s requirements for such pro2 curement are unique and cannot be satisfied by

3 property and service procured by the Adminis4 trator of General Services as part of the procure5 ment known as ‘‘FTS2000’’; and

6 (B) the agency procurement, pursuant to

7 such delegation, would be cost-effective and

8 would not adversely affect the cost-effectiveness of

9 the FTS2000 procurement.

10 (b) After July 31, 1996, subsection (a) shall apply only

11 if the Administrator of General Services has reported that

12 the FTS2000 procurement is producing prices that allow

13 the Government to satisfy its requirements for such procure14 ment in the most cost-effective manner.

15 Ω127æSEC. 634. (a) Section 4–607(18) of title 4 of the

16 District of Columbia Code, is amended by inserting ‘‘the

17 United States Secret Service Uniformed Division, the Unit18 ed States Secret Service Division,’’ after ‘‘average pay of

19 a member who was an officer or member of’’.

20 (b) Section 4–622 of title 4 of the District of Columbia

21 Code, is amended—

22 (A) in subsection (b)(1)(A) by striking out ‘‘Of

23 the basis upon which the annuity, relief, or retirement

24 compensation being received by such former member

25 at the time of death was computed’’ and inserting in
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1 lieu thereof ‘‘Of the adjusted average pay of such

2 former member’’;

3 (B) in subsection (c)(1)(A)(ii), by striking out

4 ‘‘The basis upon which the former member’s annuity

5 at the time of death was computed’’ and inserting in

6 lieu thereof ‘‘The adjusted average pay of the former

7 member’’; and

8 (C) in subsection (c)(2)(B), by striking out the

9 colon after ‘‘United States Secret Service Division’’

10 through clause (iii) and inserting in lieu thereof ‘‘, 75

11 percent of the adjusted average pay of the former

12 member, divided by the number of eligible children;

13 or’’.

14 Ω128æSEC. 635. (a) Section 5402 of title 39, United

15 States Code, is amended—

16 (1) in subsection (f) by striking out ‘‘During the

17 period beginning January 1, 1995, and ending Janu18 ary 1, 1999, the’’ and inserting in lieu thereof ‘‘The’’;

19 and

20 (2) in subsection (g)(1) by amending subpara21 graph (D) to read as follows:

22 ‘‘(D) have provided scheduled service within

23 the State of Alaska for at least 12 consecutive

24 months with aircraft—
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1 ‘‘(i) under 7,500 pounds payload before

2 being selected as a carrier of nonpriority

3 bypass mail at an applicable intra-Alaska

4 bush service mail rate; and

5 ‘‘(ii) equal to or over 7,500 pounds be6 fore being selected as a carrier of

7 nonpriority bypass mail at the intra-Alaska

8 mainline service mail rate.’’.

9 (b)(1) Subject to paragraph (2), the amendment made

10 by subsection (a) shall be effective on and after August 1,

11 1995.

12 (2) Subparagraph (D) of section 5402(g)(1) title

13 39, United States Code (as in effect before the amend14 ment made under subsection (a)) shall apply to a car15 rier, if such carrier—

16 (A) has an application pending before the

17 Department of Transportation for approval

18 under section 41102 or 41110(e) of title 39,

19 United States Code, before August 1, 1995; and

20 (B) would meet the requirements of such

21 subparagraph if such application were approved

22 and such certificate were purchased.

23 Ω129æSEC. 636. LIMITATION ON USE OF FUNDS FOR

24 THE PROVISION OF CERTAIN FOREIGN ASSISTANCE.
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1 (a) IN GENERAL.—Notwithstanding any other provi2 sion of law, none of the funds made available by this Act

3 for the Department of the Treasury shall be available for

4 any activity or for paying the salary of any Government

5 employee where funding an activity or paying a salary to

6 a Government employee would result in a decision, deter7 mination, rule, regulation, or policy that would permit the

8 Secretary of the Treasury to make any loan or extension

9 of credit under section 5302 of title 31, United States Code,

10 with respect to a single foreign entity or government of a

11 foreign country (including agencies or other entities of that

12 government)—

13 (1) unless the President first certifies to the Com14 mittee on Banking, Housing, and Urban Affairs of

15 the Senate and the Committee on Banking and Fi16 nancial Services of the House of Representatives

17 that—

18 (A) there is no projected cost (as that term

19 is defined in section 502 of the Federal Credit

20 Reform Act of 1990) to the United States from

21 the proposed loan or extension of credit; and

22 (B) any proposed obligation or expenditure

23 of United States funds to or on behalf of the for24 eign government is adequately backed by an as-
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1 sured source of repayment to ensure that all

2 United States funds will be repaid; and

3 (2) other than as provided by an Act of Congress,

4 if that loan or extension of credit would result in ex5 penditures and obligations, including contingent obli6 gations, aggregating more than $1,000,000,000 with

7 respect to that foreign country for more than 180

8 days during the 12-month period beginning on the

9 date on which the first such action is taken.

10 (b) WAIVER OF LIMITATIONS.—The President may ex11 ceed the dollar and time limitations in subsection (a)(2)

12 if he certifies in writing to the Congress that a financial

13 crisis in that foreign country poses a threat to vital United

14 States economic interests or to the stability of the inter15 national financial system.

16 (c) EXPEDITED PROCDEDURES FOR A RESOLUTION OF

17 DISAPPROVAL.—A presidential certification pursuant to

18 subsection (b) with respect to exceeding dollar or time limi19 tations in subsection (a)(2) shall be considered as follows:

20 (1) REFERENCE TO COMMITTEES.—All joint res21 olutions introduced in the Senate to disapprove the

22 certification shall be referred to the Committee on

23 Banking, Housing and Urban Affairs, and in the

24 House of Representatives, to the appropriate commit25 tees.
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1 (2) DISCHARGE OF COMMITTEES.—(A) if the

2 committee of either House to which a resolution has

3 been referred has not reported it at the end of 30 days

4 after its introduction, it is in order to move either to

5 discharge the committee from further consideration of

6 the joint resolution or to discharge the committee from

7 further consideration of any other resolution intro8 duced with respect to the same matter, except no mo9 tion to discharge shall be in order after the committee

10 has reported a joint resolution with respect to the

11 same matter.

12 (B) A motion to discharge may be made only by

13 an individual favoring the resolution, and is privi14 leged in the Senate; and debate thereon shall be lim15 ited to not more than 1 hour, the time to be divided

16 in the Senate equally between, and controlled by, the

17 majority leader and the minority leader or their des18 ignees.

19 (3) FLOOR CONSIDERATION IN THE SENATE.—

20 (A) A motion in the Senate to proceed to the consider21 ation of a resolution shall be privileged.

22 (B) Debate in the Senate on a resolution, and all

23 debatable motions and appeals in connection there24 with, shall be limited to not more than 4 hours, to be
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1 equally divided between, and controlled by, the major2 ity leader and the minority leader or their designees.

3 (C) Debate in the Senate on any debatable mo4 tion or appeal in connection with a resolution shall

5 be limited to not more than 20 minutes, to be equally

6 divided between, and controlled by, the mover and the

7 manager of the resolution, except that in the event the

8 manager of the resolution is in favor of any such mo9 tion or appeal, the time in opposition thereto, shall

10 be controlled by the minority leader or his designee.

11 Such leaders, or either of them, may, from time under

12 their control on the passage of a resolution, allot ad13 ditional time to any Senator during the consideration

14 of any debatable motion or appeal.

15 (D) A motion in the Senate to further limit de16 bate on a resolution, debatable motion, or appeal is

17 not debatable. No amendment to, or motion to recom18 mit, a resolution is in order in the Senate.

19 (4) In the case of a resolution, if prior to the

20 passage by one House of a resolution of that House,

21 that House receives a resolution with respect to the

22 same matter from the other House, then—

23 (A) the procedure in that House shall be the

24 same as if no resolution had been received from

25 the other House; but
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1 (B) the vote on final passage shall be on the

2 resolution of the other House.

3 (5) For purposes of this subsection, the term

4 ‘‘joint resolution’’ means only a joint resolution of the

5 2 Houses of Congress, the matter after the resolving

6 clause of which is as follows: ‘‘That the Congress dis7 approves the action of the President under section

8 llll(b) of the Treasury and Post Office Appro9 priations Act for Fiscal Year 1996, notice of which

10 was submitted to the Congress on lllllll.’’,

11 with the first blank space being filled with the appro12 priate section, and the second blank space being filled

13 with the appropriate date.

14 (d) APPLICABILITY.—This section—

15 (1) shall not apply to any action taken as part

16 of the program of assistance to Mexico announced by

17 the President on January 31, 1995; and

18 (2) shall remain in effect through fiscal year

19 1996.

20 Ω130æSEC. 637. Notwithstanding any other provision

21 of law, no adjustment shall be made under section 601(a)

22 of the Legislative Reorganization Act of 1946 (2 U.S.C. 31)

23 (relating to cost of living adjustments for Members of Con24 gress) during fiscal year 1996.
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1 Ω131æSEC. 638. Notwithstanding any other provision

2 of law, the United States Customs Service shall transfer,

3 without consideration, to the National Warplane Museum

4 in Geneseo, New York, 2 seized and forfeited A–37 Dragon5 fly jets for display and museum purposes.

6 Ω132æSEC. 639. EXEMPT ORGANIZATIONS.

7 (a) IN GENERAL.—An organization described in sec8 tion 501(c)(4) of the Internal Revenue Code of 1986 which

9 engages in lobbying activities shall not be eligible for the

10 receipt of Federal funds constituting an award, grant, or

11 loan.

12 (b) DEFINITIONS.—For purposes of this section:

13 (1) AGENCY.—The term ‘‘agency’’ has the mean14 ing given that term in section 551(1) of title 5, Unit15 ed States Code.

16 (2) CLIENT.—The term ‘‘client’’ means any per17 son or entity that employs or retains another person

18 for financial or other compensation to conduct lobby19 ing activities on behalf of that person or entity. A

20 person or entity whose employees act as lobbyists on

21 its own behalf is both a client and an employer of

22 such employees. In the case of a coalition or associa23 tion that employs or retains other persons to conduct

24 lobbying activities, the client is the coalition or asso25 ciation and not its individual members.
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1 (3) COVERED EXECUTIVE BRANCH OFFICIAL.—

2 The term ‘‘covered executive branch official’’ means—

3 (A) the President;

4 (B) the Vice President;

5 (C) any officer or employee, or any other

6 individual functioning in the capacity of such

7 an officer or employee, in the Executive Office of

8 the President;

9 (D) any officer or employee serving in a po10 sition in level I, II, III, IV, or V of the Executive

11 Schedule, as designated by statute or Executive

12 order;

13 (E) any member of the uniformed services

14 whose pay grade is at or above O–7 under sec15 tion 201 of title 37, United States Code; and

16 (F) any officer or employee serving in a po17 sition of a confidential, policy-determining, pol18 icy-making, or policy-advocating character de19 scribed in section 7511(b)(2) of title 5, United

20 States Code.

21 (4) COVERED LEGISLATIVE BRANCH OFFICIAL.—

22 The term ‘‘covered legislative branch official’’

23 means—

24 (A) a Member of Congress;
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1 (B) an elected officer of either House of

2 Congress;

3 (C) any employee of, or any other individ4 ual functioning in the capacity of an employee

5 of—

6 (i) a Member of Congress;

7 (ii) a committee of either House of

8 Congress;

9 (iii) the leadership staff of the House of

10 Representatives or the leadership staff of the

11 Senate;

12 (iv) a joint committee of Congress; and

13 (v) a working group or caucus orga14 nized to provide legislative services or other

15 assistance to Members of Congress; and

16 (D) any other legislative branch employee

17 serving in a position described under section

18 109(13) of the Ethics in Government Act of 1978

19 (5 U.S.C. App.).

20 (5) EMPLOYEE.—The term ‘‘employee’’ means

21 any individual who is an officer, employee, partner,

22 director, or proprietor of a person or entity, but does

23 not include—

24 (A) independent contractors; or
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1 (B) volunteers who receive no financial or

2 other compensation from the person or entity for

3 their services.

4 (6) FOREIGN ENTITY.—The term ‘‘foreign entity’’

5 means a foreign principal (as defined in section 1(b)

6 of the Foreign Agents Registration Act of 1938 (22

7 U.S.C. 611(b)).

8 (7) LOBBYING ACTIVITIES.—The term ‘‘lobbying

9 activities’’ means lobbying contacts and efforts in

10 support of such contacts, including preparation and

11 planning activities, research and other background

12 work that is intended, at the time it is performed, for

13 use in contacts, and coordination with the lobbying

14 activities of others.

15 (8) LOBBYING CONTACT.—

16 (A) DEFINITION.—The term ‘‘lobbying con17 tact’’ means any oral or written communication

18 (including an electronic communication) to a

19 covered executive branch official or a covered leg20 islative branch official that is made on behalf of

21 a client with regard to—

22 (i) the formulation, modification, or

23 adoption of Federal legislation (including

24 legislative proposals);
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1 (ii) the formulation, modification, or

2 adoption of a Federal rule, regulation, Ex3 ecutive order, or any other program, policy,

4 or position of the United States Govern5 ment;

6 (iii) the administration or execution of

7 a Federal program or policy (including the

8 negotiation, award, or administration of a

9 Federal contract, grant, loan, permit, or li10 cense); or

11 (iv) the nomination or confirmation of

12 a person for a position subject to confirma13 tion by the Senate.

14 (B) EXCEPTIONS.—The term ‘‘lobbying con15 tact’’ does not include a communication that

16 is—

17 (i) made by a public official acting in

18 the public official’s official capacity;

19 (ii) made by a representative of a

20 media organization if the purpose of the

21 communication is gathering and dissemi22 nating news and information to the public;

23 (iii) made in a speech, article, publica24 tion or other material that is distributed

25 and made available to the public, or
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1 through radio, television, cable television, or

2 other medium of mass communication;

3 (iv) made on behalf of a government of

4 a foreign country or a foreign political

5 party and disclosed under the Foreign

6 Agents Registration Act of 1938 (22 U.S.C.

7 611 et seq.);

8 (v) a request for a meeting, a request

9 for the status of an action, or any other

10 similar administrative request, if the re11 quest does not include an attempt to influ12 ence a covered executive branch official or a

13 covered legislative branch official;

14 (vi) made in the course of participa15 tion in an advisory committee subject to the

16 Federal Advisory Committee Act;

17 (vii) testimony given before a commit18 tee, subcommittee, or task force of the Con19 gress, or submitted for inclusion in the pub20 lic record of a hearing conducted by such

21 committee, subcommittee, or task force;

22 (viii) information provided in writing

23 in response to an oral or written request by

24 a covered executive branch official or a cov-
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1 ered legislative branch official for specific

2 information;

3 (ix) required by subpoena, civil inves4 tigative demand, or otherwise compelled by

5 statute, regulation, or other action of the

6 Congress or an agency;

7 (x) made in response to a notice in the

8 Federal Register, Commerce Business Daily,

9 or other similar publication soliciting com10 munications from the public and directed to

11 the agency official specifically designated in

12 the notice to receive such communications;

13 (xi) not possible to report without dis14 closing information, the unauthorized dis15 closure of which is prohibited by law;

16 (xii) made to an official in an agency

17 with regard to—

18 (I) a judicial proceeding or a

19 criminal or civil law enforcement in20 quiry, investigation, or proceeding; or

21 (II) a filing or proceeding that the

22 Government is specifically required by

23 statute or regulation to maintain or

24 conduct on a confidential basis,
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1 if that agency is charged with responsibility

2 for such proceeding, inquiry, investigation,

3 or filing;

4 (xiii) made in compliance with written

5 agency procedures regarding an adjudica6 tion conducted by the agency under section

7 554 of title 5, United States Code, or sub8 stantially similar provisions;

9 (xiv) a written comment filed in the

10 course of a public proceeding or any other

11 communication that is made on the record

12 in a public proceeding;

13 (xv) a petition for agency action made

14 in writing and required to be a matter of

15 public record pursuant to established agency

16 procedures;

17 (xvi) made on behalf of an individual

18 with regard to that individual’s benefits,

19 employment, or other personal matters in20 volving only that individual, except that

21 this clause does not apply to any commu22 nication with—

23 (I) a covered executive branch offi24 cial, or
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1 (II) a covered legislative branch

2 official (other than the individual’s

3 elected Members of Congress or employ4 ees who work under such Members’ di5 rect supervision),

6 with respect to the formulation, modifica7 tion, or adoption of private legislation for

8 the relief of that individual;

9 (xvii) a disclosure by an individual

10 that is protected under the amendments

11 made by the Whistleblower Protection Act of

12 1989, under the Inspector General Act of

13 1978, or under another provision of law;

14 (xviii) made by—

15 (I) a church, its integrated auxil16 iary, or a convention or association of

17 churches that is exempt from filing a

18 Federal income tax return under para19 graph 2(A)(i) of section 6033(a) of the

20 Internal Revenue Code of 1986, or

21 (II) a religious order that is ex22 empt from filing a Federal income tax

23 return under paragraph (2)(A)(iii) of

24 such section 6033(a); and

25 (xix) between—
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1 (I) officials of a self-regulatory or2 ganization (as defined in section

3 3(a)(26) of the Securities Exchange

4 Act) that is registered with or estab5 lished by the Securities and Exchange

6 Commission as required by that Act or

7 a similar organization that is des8 ignated by or registered with the Com9 modities Future Trading Commission

10 as provided under the Commodity Ex11 change Act; and

12 (II) the Securities and Exchange

13 Commission or the Commodities Fu14 ture Trading Commission, respectively;

15 relating to the regulatory responsibilities of

16 such organization under that Act.

17 (9) LOBBYING FIRM.—The term ‘‘lobbying firm’’

18 means a person or entity that has 1 or more employ19 ees who are lobbyists on behalf of a client other than

20 that person or entity. The term also includes a self21 employed individual who is a lobbyist.

22 (10) LOBBYIST.—The term ‘‘lobbyist’’ means any

23 individual who is employed or retained by a client

24 for financial or other compensation for services that

25 include more than one lobbying contact, other than an
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1 individual whose lobbying activities constitute less

2 than 20 percent of the time engaged in the services

3 provided by such individual to that client over a six

4 month period.

5 (11) MEDIA ORGANIZATION.—The term ‘‘media

6 organization’’ means a person or entity engaged in

7 disseminating information to the general public

8 through a newspaper, magazine, other publication,

9 radio, television, cable television, or other medium of

10 mass communication.

11 (12) MEMBER OF CONGRESS.—The term ‘‘Mem12 ber of Congress’’ means a Senator or a Representative

13 in, or Delegate or Resident Commissioner to, the Con14 gress.

15 (13) ORGANIZATION.—The term ‘‘organization’’

16 means a person or entity other than an individual.

17 (14) PERSON OR ENTITY.—The term ‘‘person or

18 entity’’ means any individual, corporation, company,

19 foundation, association, labor organization, firm,

20 partnership, society, joint stock company, group of or21 ganizations, or State or local government.

22 (15) PUBLIC OFFICIAL.—The term ‘‘public offi23 cial’’ means any elected official, appointed official, or

24 employee of—
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1 (A) a Federal, State, or local unit of gov2 ernment in the United States other than—

3 (i) a college or university;

4 (ii) a government-sponsored enterprise

5 (as defined in section 3(8) of the Congres6 sional Budget and Impoundment Control

7 Act of 1974);

8 (iii) a public utility that provides gas,

9 electricity, water, or communications;

10 (iv) a guaranty agency (as defined in

11 section 435(j) of the Higher Education Act

12 of 1965 (20 U.S.C. 1085(j))), including any

13 affiliate of such an agency; or

14 (v) an agency of any State functioning

15 as a student loan secondary market pursu16 ant to section 435(d)(1)(F) of the Higher

17 Education Act of 1965 (20 U.S.C.

18 1085(d)(1)(F));

19 (B) a Government corporation (as defined

20 in section 9101 of title 31, United States Code);

21 (C) an organization of State or local elected

22 or appointed officials other than officials of an

23 entity described in clause (i), (ii), (iii), (iv), or

24 (v) of subparagraph (A);
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1 (D) an Indian tribe (as defined in section

2 4(e) of the Indian Self-Determination and Edu3 cation Assistance Act (25 U.S.C. 450b(e));

4 (E) a national or State political party or

5 any organizational unit thereof; or

6 (F) a national, regional, or local unit of

7 any foreign government.

8 (16) STATE.—The term ‘‘State’’ means each of

9 the several States, the District of Columbia, and any

10 commonwealth, territory, or possession of the United

11 States.

12 (c) CONSTRUCTION AND EFFECT.—Nothing in this sec13 tion shall be construed to affect the application of the Inter14 nal Revenue laws of the United States.

15 (d) EXCEPTIONS.—This section shall not apply to or16 ganizations described in section 501(c)(4) of the Internal

17 Revenue Code with gross annual revenues of less than

18 $10,000,000, including the amounts of Federal funds re19 ceived as grants, awards, or loans.

20 (e) EFFECTIVE DATE.—This section shall become effec21 tive on January 1, 1997.

22 Ω133æSEC. 640. (a) This section may be cited as the

23 ‘‘Prohibition of Cigarette Sales to Minors in Federal Build24 ings and Lands Act’’.

25 (b) The Congress finds that—
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1 (1) cigarette smoking and the use of smokeless to2 bacco products continue to represent major health

3 hazards to the Nation, causing more than 420,000

4 deaths each year;

5 (2) cigarette smoking continues to be the single

6 most preventable cause of death and disability in the

7 United States;

8 (3) tobacco products contain hazardous addi9 tives, gases, and other chemical constituents dan10 gerous to health;

11 (4) the use of tobacco products costs the United

12 States more than $50,000,000,000 in direct health

13 care costs, with more than $21,000,000,000 of these

14 costs being paid by government funds;

15 (5) tobacco products contain nicotine, a poison16 ous, addictive drug;

17 (6) all States prohibit the sale of tobacco prod18 ucts to minors, but enforcement has been ineffective or

19 nonexistent and tobacco products remain one of the

20 least regulated consumer products in the United

21 States;

22 (7) over the past decade, little or no progress has

23 been made in reducing tobacco use among teenagers

24 and recently, teenage smoking rates appear to be ris25 ing;
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1 (8) more than two-thirds of smokers smoke their

2 first cigarette before the age of 14, and 90 percent of

3 adult smokers did so by age 18;

4 (9) 516,000,000 packs of cigarettes are consumed

5 by minors annually, at least half of which are ille6 gally sold to minors;

7 (10) reliable studies indicate that tobacco use is

8 a gateway to illicit drug use; and

9 (11) the Federal Government has a major policy

10 setting role in ensuring that the use of tobacco prod11 ucts among minors is discouraged to the maximum

12 extent possible.

13 (c) As used in this section—

14 (1) the term ‘‘Federal agency’’ means—

15 (A) an Executive agency as defined in sec16 tion 105 of title 5, United States Code; and

17 (B) each entity specified in subparagraphs

18 (B) through (H) of section 5721(1) of title 5,

19 United States Code;

20 (2) the term ‘‘Federal building’’ means—

21 (A) any building or other structure owned

22 in whole or in part by the United States or any

23 Federal agency, including any such structure oc24 cupied by a Federal agency under a lease agree25 ment; and
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1 (B) includes the real property on which

2 such building is located;

3 (3) the term ‘‘minor’’ means an individual

4 under the age of 18 years; and

5 (4) the term ‘‘tobacco product’’ means cigarettes,

6 cigars, little cigars, pipe tobacco, smokeless tobacco,

7 snuff, and chewing tobacco.

8 (d)(1) No later than 45 days after the date of the enact9 ment of this Act, the Administrator of General Services and

10 the head of each Federal agency shall promulgate regula11 tions that prohibit—

12 (A) the sale of tobacco products in vending ma13 chines located in or around any Federal building

14 under the jurisdiction of the Administrator or such

15 agency head; and

16 (B) the distribution of free samples of tobacco

17 products in or around any Federal building under the

18 jurisdiction of the Administrator or such agency head.

19 (2) The Administrator of General Services or the head

20 of an agency, as appropriate, may designate areas not sub21 ject to the provisions of paragraph (1), if such area also

22 prohibits the presence of minors.

23 (3) The provisions of this subsection shall be carried

24 out—
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1 (A) by the Administrator of General Services for

2 any Federal building which is maintained, leased, or

3 has title of ownership vested in the General Services

4 Administration; or

5 (B) by the head of a Federal agency for any Fed6 eral building which is maintained, leased, or has title

7 of ownership vested in such agency.

8 (e) No later than 90 days after the date of enactment

9 of this Act, the Administrator of General Services and each

10 head of an agency shall prepare and submit, to the appro11 priate committees of Congress, a report that shall contain—

12 (1) verification that the Administrator or such

13 head of an agency is in compliance with this section;

14 and

15 (2) a detailed list of the location of all tobacco

16 product vending machines located in Federal build17 ings under the administration of the Administrator

18 or such head of an agency.

19 (f)(1) No later than 45 days after the date of the enact20 ment of this Act, the Senate Committee on Rules and Ad21 ministration and the House of Representatives Committee

22 on House Administration, after consultation with the Ar23 chitect of the Capitol, shall promulgate regulations under

24 the Senate and House of Representatives rulemaking au-
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1 thority that prohibit the sale of tobacco products in vending

2 machines in the Capitol Buildings.

3 (2) Such committees may designate areas where such

4 prohibition shall not apply, if such area also prohibits the

5 presence of minors.

6 (3) For the purpose of this section the term ‘‘Capitol

7 Buildings’’ shall have the same meaning as such term is

8 defined under section 16(a)(1) of the Act entitled ‘‘An Act

9 to define the area of the United States Capitol Grounds,

10 to regulate the use thereof, and for other purposes’’, ap11 proved July 31, 1946 (40 U.S.C. 193m(1)).

12 (g) Nothing in this section shall be construed as re13 stricting the authority of the Administrator of General

14 Services or the head of an agency to limit tobacco product

15 use in or around any Federal building, except as provided

16 under subsection (d)(1).

17 Ω134æSEC. 641. It is the sense of the Senate that the

18 General Services Administration should increase use of di19 rect delivery for high-dollar value supplies and only stock

20 items that are profitable, that after these changes are imple21 mented, the General Services Administration should phase

22 out the supply depots that are no longer economically jus23 tifiable or needed.

24 Ω135æSEC. 642. NATIONAL COMMISSION ON RE25 STRUCTURING THE INTERNAL REVENUE SERVICE.
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1 (a) FINDINGS.—The Congress finds the following:

2 (1) While the budget for the Internal Revenue

3 Service (hereafter referred to as the ‘‘IRS’’) has risen

4 from $2.5 billion in fiscal year 1979 to $7.5 billion

5 in fiscal year 1996, tax returns processing has not be6 come significantly faster, tax collection rates have not

7 significantly increased, and the accuracy and timeli8 ness of taxpayer assistance has not significantly im9 proved.

10 (2) To date, the Tax Systems Modernization

11 (TSM) program has cost the taxpayers $2.5 billion,

12 with an estimated cost of $8 billion. Despite this in13 vestment, modernization efforts were recently de14 scribed by the GAO as ‘‘chaotic’’ and ‘‘ad hoc’’.

15 (3) While the IRS maintains that TSM will in16 crease efficiency and thus revenues, Congress has had

17 to appropriate additional funds in recent years for

18 compliance initiatives in order to increase tax reve19 nues.

20 (4) Because TSM has not been implemented, the

21 IRS continues to rely on paper returns, processing a

22 total of 14 billion pieces of paper every tax season.

23 This results in an extremely inefficient system.
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1 (5) This lack of efficiency reduces the level of cus2 tomer service and impedes the ability of the IRS to

3 collect revenue.

4 (6) The present status of the IRS shows the need

5 for the establishment of a Commission which will ex6 amine the organization of IRS and recommend ac7 tions to expedite the implementation of TSM and im8 prove service to taxpayers.

9 (b) COMPOSITION OF THE COMMISSION.—

10 (1) ESTABLISHMENT.—To carry out the purposes

11 of this section, there is established a National Com12 mission on Restructuring the Internal Revenue Serv13 ice (in this section referred to as the ‘‘Commission’’).

14 (2) COMPOSITION.—The Commission shall be

15 composed of twelve members, as follows:

16 (A) Four members appointed by the Presi17 dent, two from the executive branch of the Gov18 ernment and two from private life.

19 (B) Two members appointed by the Major20 ity Leader of the Senate, one from Members of

21 the Senate and one from private life.

22 (C) Two members appointed by the Minor23 ity Leader of the Senate, one from Members of

24 the Senate and one from private life.
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1 (D) Two members appointed by the Speaker

2 of the House of Representatives, one from Mem3 bers of the House of Representatives and one

4 from private life.

5 (E) Two members appointed by the Minor6 ity Leader of the House of Representatives, one

7 from Members of the House of Representatives

8 and one from private life.

9 The Commissioner of the Internal Revenue Service

10 shall be an ex officio member of the Commission.

11 (3) CHAIRMAN.—The Commission shall elect a

12 Chairman from among its members.

13 (4) MEETING; QUORUM; VACANCIES.—After its

14 initial meeting, the Commission shall meet upon the

15 call of the Chairman or a majority of its members.

16 Seven members of the Commission shall constitute a

17 quorum. Any vacancy in the Commission shall not

18 affect its powers, but shall be filled in the same man19 ner in which the original appointment was made.

20 (5) APPOINTMENT; INITIAL MEETING.—

21 (A) APPOINTMENT.—It is the sense of the

22 Congress that members of the Committee should

23 be appointed not more than 60 days after the

24 date of the enactment of this section.
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1 (B) INITIAL MEETING.—If, after 60 days

2 from the date of the enactment of this section,

3 seven or more members of the Commission have

4 been appointed, members who have been ap5 pointed may meet and select a Chairman who

6 thereafter shall have the authority to begin the

7 operations of the Commission, including the hir8 ing of staff.

9 (c) FUNCTIONS OF COMMISSION.—

10 (1) IN GENERAL.—The functions of the Commis11 sion shall be—

12 (A) to conduct, for a period of one year

13 from the date of its first meeting, the review de14 scribed in paragraph (2), and

15 (B) to submit to the Congress a final report

16 of the results of the review, including rec17 ommendations for restructuring the IRS.

18 (2) REVIEW.—The Commission shall review—

19 (A) the present practices of the IRS, espe20 cially with respect to—

21 (i) its organizational structure;

22 (ii) its paper processing and return

23 processing activities;

24 (iii) its infrastructure; and

25 (iv) the collection process;
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1 (B) requirements for improvement in the

2 following areas:

3 (i) making returns processing

4 ‘‘paperless’’;

5 (ii) modernizing IRS operations;

6 (iii) improving the collections process

7 without major personnel increases or in8 creased funding;

9 (iv) improving taxpayer accounts

10 management;

11 (v) improving the accuracy of informa12 tion requested by taxpayers in order to file

13 their returns; and

14 (vi) changing the culture of the IRS to

15 make the organization more efficient, pro16 ductive, and customer-oriented;

17 (C) whether the IRS could be replaced with

18 a quasi-governmental agency with tangible in19 centives for internally managing its programs

20 and activities and for modernizing its activities,

21 and

22 (D) whether the IRS could perform other

23 collection, information, and financial service

24 functions of the Federal Government.

25 (d) POWERS OF THE COMMISSION.—
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1 (1) IN GENERAL.—(A) The Commission or, on

2 the authorization of the Commission, any subcommit3 tee or member thereof, may, for the purpose of carry4 ing out the provisions of this section—

5 (i) hold such hearings and sit and act at

6 such times and places, take such testimony, re7 ceive such evidence, administer such oaths, and

8 (ii) require, by subpoena or otherwise, the

9 attendance and testimony of such witnesses and

10 the production of such books, records, correspond11 ence, memoranda, papers, and documents,

12 as the Commission or such designated subcommittee

13 or designated member may deem advisable.

14 (B) Subpoenas issued under subparagraph

15 (A)(ii) may be issued under the signature of the

16 Chairman of the Commission, the chairman of any

17 designated subcommittee, or any designated member,

18 and may be served by any person designated by such

19 Chairman, subcommittee chairman, or member. The

20 provisions of sections 102 through 104 of the Revised

21 Statutes of the United States (2 U.S.C. 192–194)

22 shall apply in the case of any failure of any witness

23 to comply with any subpoena or to testify when sum24 moned under authority of this section.
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1 (2) CONTRACTING.—The Commission may, to

2 such extent and in such amounts as are provided in

3 appropriation Acts, enter into contracts to enable the

4 Commission to discharge its duties under this section.

5 (3) INFORMATION FROM FEDERAL AGENCIES.—

6 The Commission is authorized to secure directly from

7 any executive department, bureau, agency, board,

8 commission, office, independent establishment, or in9 strumentality of the Government information, sugges10 tions, estimates, and statistics for the purposes of this

11 section. Each such department, bureau, agency, board,

12 commission, office, establishment, or instrumentality

13 shall, to the extent authorized by law, furnish such in14 formation, suggestions, estimates, and statistics di15 rectly to the Commission, upon request made by the

16 Chairman.

17 (4) ASSISTANCE FROM FEDERAL AGENCIES.—(A)

18 The Secretary of State is authorized on a reimburs19 able or nonreimbursable basis to provided the Com20 mission with administrative services, funds, facilities,

21 staff, and other support services for the performance

22 of the Commission’s functions.

23 (B) The Administrator of General Services shall

24 provide to the Commission on a reimbursable basis
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1 such administrative support services as the Commis2 sion may request.

3 (C) In addition to the assistance set forth in sub4 paragraphs (A) and (B), departments and agencies of

5 the United States are authorized to provide to the

6 Commission such services, funds, facilities, staff, and

7 other support services as they may deem advisable

8 and as may be authorized by law.

9 (5) POSTAL SERVICES.—The Commission may

10 use the United States mails in the same manner and

11 under the same conditions as departments and agen12 cies of the United States.

13 (e) STAFF OF THE COMMISSION.—

14 (1) IN GENERAL.—The Chairman, in accordance

15 with rules agreed upon by the Commission, may ap16 point and fix the compensation of a staff director and

17 such other personnel as may be necessary to enable

18 the Commission to carry out its functions, without re19 gard to the provisions of title 5, United States Code,

20 governing appointments in the competitive service,

21 and without regard to the provisions of chapter 51

22 and subchapter III of chapter 53 of such title relating

23 to classification and General Schedule pay rates, ex24 cept that no rate of pay fixed under this subsection

25 may exceed the equivalent of that payable to a person
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1 occupying a position at level V of the Executive

2 Schedule under section 5316 of title 5, United States

3 Code. Any Federal Government employee may be de4 tailed to the Commission without reimbursement from

5 the Commission, and such detailee shall retain the

6 rights, status, and privileges of his or her regular em7 ployment without interruption.

8 (2) CONSULTANT SERVICES.—The Commission is

9 authorized to procure the services of experts and con10 sultants in accordance with section 3109 of title 5,

11 United States Code, but at rates not to exceed the

12 daily rate paid a person occupying a position at level

13 IV of the Executive Schedule under section 5315 of

14 title 5, United States Code.

15 (f) COMPENSATION AND TRAVEL EXPENSES.—

16 (1) COMPENSATION.—(A) Except as provided in

17 subparagraph (B), each member of the Commission

18 may be compensated at not to exceed the daily equiv19 alent of the annual rate of basic pay in effect for a

20 position at level IV of the Executive Schedule under

21 section 5315 of title 5, United States Code, for each

22 day during which that member is engaged in the ac23 tual performance of the duties of the Commission.

24 (B) Members of the Commission who are officers

25 or employees of the United States or Members of Con-
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1 gress shall receive no additional pay on account of

2 their service on the Commission.

3 (2) TRAVEL EXPENSES.—While away from their

4 homes or regular places of business in the perform5 ance of services for the Commission, members of the

6 Commission shall be allowed travel expenses, includ7 ing per diem in lieu of subsistence, in the same man8 ner as persons employed intermittently in the Govern9 ment service are allowed expenses under section

10 5703(b) of title 5, United States Code.

11 (g) FINAL REPORT OF COMMISSION; TERMINATION.—

12 (1) FINAL REPORT.—Not later than one year

13 after the date of the first meeting of the Commission,

14 the Commission shall submit to the Congress its final

15 report, as described in subsection (c)(2).

16 (2) TERMINATION.—(A) The Commission, and

17 all the authorities of this section, shall terminate on

18 the date which is 60 days after the date on which a

19 final report is required to be transmitted under para20 graph (1).

21 (B) The Commission may use the 60-day period

22 referred to in subparagraph (A) for the purpose of

23 concluding its activities, including providing testi24 mony to committees of Congress concerning its final

25 report and disseminating that report.
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1 Ω136æSEC. 643. REPORT ON FEASIBILITY OF LEASING

2 OF BORDER STATIONS.

3 The Administrator of the General Services Adminis4 tration shall, within six months of enactment of this legisla5 tion, report to Congress on the feasibility of leasing agree6 ments with State and local governments and private spon7 sors for the construction of border stations on the borders

8 of the United States with Canada and Mexico whereby—

9 (1) lease payments shall not exceed 30 years for

10 payment of the purchase price and interest;

11 (2) the obligation of the United States under

12 such an agreement shall be limited to the current fis13 cal year for which payments are due without regard

14 to section 3328(a)(1)(B) of title 31, United States

15 Code;

16 (3) an agreement entered into under such provi17 sions shall provide for the title to the property and

18 facilities to vest in the United States on or before the

19 expiration of the contract term, on fulfillment of the

20 terms and conditions of the agreement.

21 Ω137æSEC. 644. ENERGY SAVINGS AT FEDERAL FA22 CILITIES.

23 (a) REDUCTION IN FACILITIES ENERGY COSTS.—

24 (1) IN GENERAL.—The head of each agency for

25 which funds are made available under this Act shall
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1 take all actions necessary to achieve during fiscal

2 year 1996 a 5 percent reduction, from fiscal year

3 1995 levels, in the energy costs of the facilities used

4 by the agency.

5 (2) COOPERATION BY GENERAL SERVICES ADMIN6 ISTRATION.—In the case of facilities under the ad7 ministrative jurisdiction of the General Services Ad8 ministration and occupied by another agency and for

9 which the Administrator of General Services delegates

10 operation and maintenance to the head of the agency,

11 the Administrator shall assist the head of the agency

12 in achieving the reduction in the energy costs of the

13 facilities required by paragraph (1) by entering into

14 contracts to promote energy savings and by other

15 means.

16 (b) USE OF COST SAVINGS.—An amount equal to the

17 amount of cost savings realized by an agency under sub18 section (a) shall remain available for obligation through the

19 end of fiscal year 1997, without further authorization or

20 appropriation, as follows:

21 (1) CONSERVATION MEASURES.—Fifty percent of

22 the amount shall remain available for the implemen23 tation of additional energy conservation measures

24 and for water conservation measures at such facilities
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1 used by the agency as are designated by the head of

2 the agency.

3 (2) OTHER PURPOSES.—Fifty percent of the

4 amount shall remain available for use by the agency

5 for such purposes as are designated by the head of the

6 agency, consistent with applicable law.

7 (c) REPORT.—

8 (1) IN GENERAL.—Not later than December 31,

9 1996, the head of each agency described in subsection

10 (a) shall submit a report to Congress specifying the

11 results of the actions taken under subsection (a) and

12 providing any recommendations concerning how to

13 further reduce energy costs and energy consumption

14 in the future.

15 (2) CONTENTS.—Each report shall—

16 (A) specify the total energy costs of the fa17 cilities used by the agency;

18 (B) identify the reductions achieved; and

19 (C) specify the actions that resulted in the

20 reductions.

21 Ω138æSEC. 645. (a) Section 6304(f) of title 5, United

22 States Code, is amended—

23 (1) in paragraph (2) by striking ‘‘described in

24 paragraph (1)’’ and inserting ‘‘for an individual de-
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1 scribed in subparagraphs (B) through (E) of para2 graph (1)’’; and

3 (2) by adding at the end the following:

4 ‘‘(3) For purposes of applying any limitation on accu5 mulation under this section with respect to any annual

6 leave for an individual described in paragraph (1)(A)—

7 ‘‘(A) ‘30 days’ in subsection (a) shall be deemed

8 to read ‘60 days’; and

9 ‘‘(B) ‘45 days’ in subsection (b) shall be deemed

10 to read ‘60 days’.’’.

11 (b)(1) The amendments made by subsection (a) shall

12 take effect January 1, 1996.

13 (2) Any individual serving in a position in the Senior

14 Executive Service on December 31, 1995 may retain any

15 annual leave accrued as of that date until the leave is used

16 by that individual.

17 Ω139æSEC. 646. TRANSFER OF CERTAIN FEDERAL

18 PROPERTY IN NEW JERSEY.

19 The first section of the Act entitled ‘‘An Act transfer20 ring certain Federal property to the city of Hoboken, New

21 Jersey’’, approved September 27, 1982 (Public Law 97–268;

22 96 Stat. 1140), is amended—

23 (1) in subsection (a), by adding ‘‘and’’ at the

24 end; and
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1 (2) by striking ‘‘Stat. 220), and’’ in subsection

2 (b) and all that follows through ‘‘New Jersey; concur3 rent with’’ and inserting the following: ‘‘Stat. 220);

4 concurrent with’’.

5 Ω140æSEC. 647. Service performed during the period

6 January 1, 1984, through December 31, 1986, which would,

7 if performed after that period, be considered service as a

8 law enforcement officer, as defined in section 8401(17)

9 (A)(i)(II) and (B) of title 5, United States Code, shall be

10 deemed service as a law enforcement officer for the purposes

11 of chapter 84 of such title.

12 Ω141æSEC. 648. It is the sense of the Senate that:

13 (1) The General Services Administration and the

14 Federal Aviation Administration should review and

15 reform current personnel rules and labor agreements

16 regarding federal assistance when relocating because

17 of a change of duty station.

18 (2) The Senate is concerned about reports that,

19 under FAA and GSA rules, employees at the Denver,

20 Colorado, ATCT and TRACON were permitted to

21 claim personal housing relocation allowances in con22 nection with their transfer from FAA facilities at

23 Stapleton Field to the new Denver International Air24 port, even in some cases where an employee’s new
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1 home was farther from the new job site than the em2 ployee’s former home.

3 (3) The FAA should immediately investigate this

4 misuse of public funds at Denver International Air5 port and reform their personnel rules to end this kind

6 of abuse.

7 This Act may be cited as the ‘‘Treasury, Postal Serv8 ice, and General Government Appropriations Act, 1996’’.

Passed the House of Representatives July 19, 1995.

Attest: ROBIN H. CARLE,

Clerk.

Passed the Senate August 5 (legislative day, July

10), 1995.

Attest: KELLY D. JOHNSTON,

Secretary.

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