Calendar No. 112

105TH CONGRESS

1ST SESSION S. 1023

[Report No. 105–49]

A BILL

Making appropriations for the Treasury Departtember 30, 1998, and for other purposes. pendent Agencies, for the fiscal year ending Sep- ecutive Office of the President, and certain Inde- ment, the United States Postal Service, the ExJULY 16, 1997

Read twice and placed on the calendar
II

Calendar No. 112

105TH CONGRESS

1ST SESSION S. 1023

[Report No. 105–49]

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, 1998, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

JULY 16, 1997

Mr. CAMPBELL, from the Committee on Appropriations, reported the following

original bill; which was read twice and placed on the calendar

A BILL

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, 1998, 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,
2

S 1023 PCS

1 the Executive Office of the President, and certain Inde2 pendent Agencies, for the fiscal year ending September 30,

3 1998, and for other purposes, namely:

4 TITLE I—DEPARTMENT OF THE TREASURY

5 DEPARTMENTAL OFFICES

6 SALARIES AND EXPENSES

7 For necessary expenses of the Departmental Offices

8 including operation and maintenance of the Treasury

9 Building and Annex; hire of passenger motor vehicles;

10 maintenance, repairs, and improvements of, and purchase

11 of commercial insurance policies for, real properties leased

12 or owned overseas, when necessary for the performance

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

14 travel expenses; not to exceed $150,000 for official recep15 tion and representation expenses; not to exceed $258,000

16 for unforeseen emergencies of a confidential nature, to be

17 allocated and expended under the direction of the Sec18 retary of the Treasury and to be accounted for solely on

19 his certificate; $114,794,000: Provided, That section

20 113(2) of the Fiscal Year 1997 Department of Commerce,

21 Justice, and State, the Judiciary, and Related Agencies

22 Appropriations Act, Public Law 104–208 (110 Stat.

23 3009–22) is amended by striking ‘‘12 months’’ and insert24 ing in lieu thereof ‘‘2 years’’: Provided further, That the
3

S 1023 PCS

1 Office of Foreign Assets Control shall be funded at no less

2 than $6,745,000.

3 OFFICE OF PROFESSIONAL RESPONSIBILITY

4 SALARIES AND EXPENSES

5 For necessary expenses of the Office of Professional

6 Responsibility, including purchase and hire of passenger

7 motor vehicles, $1,250,000.

8 AUTOMATION ENHANCEMENT

9 (INCLUDING TRANSFER OF FUNDS)

10 For the development and acquisition of automatic

11 data processing equipment, software, and services for the

12 Department of the Treasury, $29,389,000, of which

13 $15,000,000 shall be available to the United States Cus14 toms Service for the Automated Commercial Environment

15 project, of which $5,600,000 shall be available to Depart16 mental Offices for the International Trade Data System,

17 and of which $8,789,000 shall be available to Depart18 mental Offices to modernize its information technology in19 frastructure and for business solution software: Provided,

20 That these funds shall remain available until September

21 30, 1999: Provided further, That these funds shall be

22 transferred to accounts and in amounts as necessary to

23 satisfy the requirements of the Department’s offices, bu24 reaus, and other organizations: Provided further, That this

25 transfer authority shall be in addition to any other trans-
4

S 1023 PCS

1 fer authority provided in this Act: Provided further, That

2 none of the funds shall be used to support or supplement

3 Internal Revenue Service appropriations for Information

4 Systems: Provided further, That of the $27,000,000 pro5 vided under this heading in Public Law 104–208,

6 $12,000,000 shall remain available until September 30,

7 1999: Provided further, That none of the funds for the

8 International Trade Data System may be obligated until

9 the Department has submitted a report on their system

10 development plan to the Committees on Appropriations:

11 Provided further, That the funds appropriated for the

12 Automated Commercial Environment project may not be

13 obligated prior to September 1, 1998: Provided further,

14 That the funds appropriated for the Automated Commer15 cial Environment project may not be obligated until the

16 Commissioner of Customs has submitted, and the Com17 mittees on Appropriations of the House and Senate have

18 approved, a systems architecture plan and a milestone

19 schedule for the development and implementation of all

20 projects included in the systems architecture plan.

21 OFFICE OF INSPECTOR GENERAL

22 SALARIES AND EXPENSES

23 (INCLUDING TRANSFER OF FUNDS)

24 For necessary expenses of the Office of Inspector

25 General in carrying out the provisions of the Inspector

26 General Act of 1978, as amended, not to exceed
5

S 1023 PCS

1 $2,000,000 for official travel expenses; including hire of

2 passenger motor vehicles; and not to exceed $100,000 for

3 unforeseen emergencies of a confidential nature, to be allo4 cated and expended under the direction of the Inspector

5 General of the Treasury; $30,719,000, of which $16,695

6 shall be transferred to the ‘‘Departmental Offices’’ appro7 priation for the reimbursement of Secret Service personnel

8 in accordance with section 116 of this Act.

9 TREASURY BUILDING AND ANNEX REPAIR AND

10 RESTORATION

11 (INCLUDING TRANSFER OF FUNDS)

12 For the repair, alteration, and improvement of the

13 Treasury Building and Annex, $10,484,000, to remain

14 available until September 30, 1999.

15 FINANCIAL CRIMES ENFORCEMENT NETWORK

16 SALARIES AND EXPENSES

17 For necessary expenses of the Financial Crimes En18 forcement Network, including hire of passenger motor ve19 hicles; travel expenses of non-Federal law enforcement

20 personnel to attend meetings concerned with financial in21 telligence activities, law enforcement, and financial regula22 tion; not to exceed $14,000 for official reception and rep23 resentation expenses; and for assistance to Federal law en24 forcement agencies, with or without reimbursement;

25 $22,835,000: Provided, That funds appropriated in this
6

S 1023 PCS

1 account may be used to procure personal services con2 tracts.

3 VIOLENT CRIME REDUCTION PROGRAMS

4 (INCLUDING TRANSFER OF FUNDS)

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

6 remain available until expended, which shall be derived

7 from the Violent Crime Reduction Trust Fund, as follows:

8 (a) As authorized by section 190001(e),

9 $119,995,000; of which $24,023,000 shall be available to

10 the Bureau of Alcohol, Tobacco and Firearms, including

11 $3,000,000 for administering the Gang Resistance Edu12 cation and Training program, $6,000,000 for firearms

13 trafficking initiatives (including the Youth Crime Gun Ini14 tiative, Project LEAD, and the National Tracing Center),

15 $5,200,000 for CEASEFIRE/IBIS, $8,215,000 for vehi16 cles, and $1,608,000 for collection of information on arson

17 and explosives; of which $18,619,000 shall be available for

18 the Federal Law Enforcement Training Center for con19 struction of additional facilities; of which $3,000,000 shall

20 be available to the Financial Crimes Enforcement Net21 work, including $2,000,000 for the money laundering

22 threat initiative and $1,000,000 for the Secure Outreach/

23 Encrypted Transmission Program; of which $21,178,000

24 shall be available to the United States Secret Service, in25 cluding $15,664,000 for expenses related to White House
7

S 1023 PCS

1 Security, $3,000,000 for investigations of counterfeiting,

2 and $2,514,000 for forensic and related support of inves3 tigations of missing and exploited children; of which

4 $44,635,000 shall be available for the United States Cus5 toms Service, including $15,000,000 for high energy con6 tainer x-ray systems and automated targeting systems,

7 $5,735,000 for laboratory modernization, $10,000,000 for

8 vehicle replacement, $7,800,000 for automated license

9 plate readers, $1,100,000 for construction of canopies for

10 inspection of outbound vehicles along the Southwest bor11 der, and $5,000,000 to acquire vehicle and container in12 spection systems; and of which $8,500,000 shall be avail13 able to funds appropriated to the President, including

14 $5,500,000 to the Counterdrug Technology Assessment

15 Center for a program to transfer technology to State and

16 local law enforcement agencies, and $3,000,000 for the

17 Rocky Mountain HIDTA;

18 (b) As authorized by section 32401, $10,000,000 to

19 the Bureau of Alcohol, Tobacco and Firearms for dis20 bursement through grants, cooperative agreements, or

21 contracts to local governments for Gang Resistance Edu22 cation and Training: Provided, That notwithstanding sec23 tions 32401 and 310001, such funds shall be allocated to

24 State and local law enforcement and prevention organiza25 tions;
8

S 1023 PCS

1 (c) As authorized by section 180103, $1,000,000 to

2 the Federal Law Enforcement Training Center for special3 ized training for rural law enforcement officers.

4 FEDERAL LAW ENFORCEMENT TRAINING CENTER

5 SALARIES AND EXPENSES

6 For necessary expenses of the Federal Law Enforce7 ment Training Center, as a bureau of the Department of

8 the Treasury, including materials and support costs of

9 Federal law enforcement basic training; purchase (not to

10 exceed 52 for police-type use, without regard to the gen11 eral purchase price limitation) and hire of passenger

12 motor vehicles; for expenses for student athletic and relat13 ed activities; uniforms without regard to the general pur14 chase price limitation for the current fiscal year; the con15 ducting of and participating in firearms matches and pres16 entation of awards; for public awareness and enhancing

17 community support of law enforcement training; not to ex18 ceed $9,500 for official reception and representation ex19 penses; room and board for student interns; and services

20 as authorized by 5 U.S.C. 3109; $64,663,000, of which

21 $2,819,000 shall be available for fiber optics replacement;

22 of which up to $13,034,000 for materials and support

23 costs of Federal law enforcement basic training shall re24 main available until September 30, 2000: Provided, That

25 the Center is authorized to accept and use gifts of prop-
9

S 1023 PCS

1 erty, both real and personal, and to accept services, for

2 authorized purposes, including funding of a gift of intrin3 sic value which shall be awarded annually by the Director

4 of the Center to the outstanding student who graduated

5 from a basic training program at the Center during the

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

7 received through the Center’s gift authority: Provided fur8 ther, That notwithstanding any other provision of law, stu9 dents attending training at any Federal Law Enforcement

10 Training Center site shall reside in on-Center or Center11 provided housing, insofar as available and in accordance

12 with Center policy: Provided further, That funds appro13 priated in this account shall be available, at the discretion

14 of the Director, for: training United States Postal Service

15 law enforcement personnel and Postal police officers; State

16 and local government law enforcement training on a space17 available basis; training of foreign law enforcement offi18 cials on a space-available basis with reimbursement of ac19 tual costs to this appropriation; training of private sector

20 security officials on a space-available basis with reimburse21 ment of actual costs to this appropriation; and travel ex22 penses of non-Federal personnel to attend course develop23 ment meetings and training at the Center: Provided fur24 ther, That the Center is authorized to obligate funds in

25 anticipation of reimbursements from agencies receiving
10

S 1023 PCS

1 training at the Federal Law Enforcement Training Cen2 ter, except that total obligations at the end of the fiscal

3 year shall not exceed total budgetary resources available

4 at the end of the fiscal year: Provided further, That the

5 Federal Law Enforcement Training Center is authorized

6 to provide short term medical services for students under7 going training at the Center.

8 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

9 RELATED EXPENSES

10 For expansion of the Federal Law Enforcement

11 Training Center, for ongoing maintenance, facility im12 provements, and related expenses, $13,930,000, to remain

13 available until expended.

14 INTERAGENCY LAW ENFORCEMENT

15 INTERAGENCY CRIME AND DRUG ENFORCEMENT

16 For expenses necessary for the detection and inves17 tigation of individuals involved in organized crime drug

18 trafficking, including cooperative efforts with State and

19 local law enforcement, $73,794,000, of which $7,827,000

20 shall remain available until expended.

21 FINANCIAL MANAGEMENT SERVICE

22 SALARIES AND EXPENSES

23 For necessary expenses of the Financial Management

24 Service, $202,490,000, of which not to exceed

25 $13,235,000 shall remain available until September 30,

26 2000 for information systems modernization initiatives.
11

S 1023 PCS

1 Beginning in fiscal year 1998 and thereafter, there are

2 appropriated such sums as may be necessary to reimburse

3 Federal Reserve Banks in their capacity as depositaries

4 and fiscal agents for the United States for all services re5 quired or directed by the Secretary of the Treasury to be

6 performed by such banks on behalf of the Treasury or

7 other Federal agencies.

8 BUREAU OF ALCOHOL, TOBACCO AND FIREARMS

9 SALARIES AND EXPENSES

10 For necessary expenses of the Bureau of Alcohol, To11 bacco and Firearms, including purchase of not to exceed

12 650 vehicles for police-type use for replacement only and

13 hire of passenger motor vehicles; hire of aircraft; services

14 of expert witnesses at such rates as may be determined

15 by the Director; for payment of per diem and/or subsist16 ence allowances to employees where an assignment to the

17 National Response Team during the investigation of a

18 bombing or arson incident requires an employee to work

19 16 hours or more per day or to remain overnight at his

20 or her post of duty; not to exceed $12,500 for official re21 ception and representation expenses; for training of State

22 and local law enforcement agencies with or without reim23 bursement, including training in connection with the train24 ing and acquisition of canines for explosives and fire

25 accelerants detection; and provision of laboratory assist-
12

S 1023 PCS

1 ance to State and local agencies, with or without reim2 bursement; $472,490,000; of which not to exceed

3 $1,000,000 shall be available for the payment of attor4 neys’ fees as provided by 18 U.S.C. 924(d)(2); and of

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

6 any vessel, vehicle, equipment, or aircraft available for of7 ficial use by a State or local law enforcement agency if

8 the conveyance will be used in drug-related joint law en9 forcement operations with the Bureau of Alcohol, Tobacco

10 and Firearms and for the payment of overtime salaries,

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

12 of State and local law enforcement officers that are in13 curred in joint operations with the Bureau of Alcohol, To14 bacco and Firearms: Provided, That no funds made avail15 able by this or any other Act may be used to transfer the

16 functions, missions, or activities of the Bureau of Alcohol,

17 Tobacco and Firearms to other agencies or Departments

18 in the fiscal year ending on September 30, 1998: Provided

19 further, That no funds appropriated herein shall be avail20 able for salaries or administrative expenses in connection

21 with consolidating or centralizing, within the Department

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

23 acquisition and disposition of firearms maintained by Fed24 eral firearms licensees: Provided further, That no funds

25 appropriated herein shall be used to pay administrative
13

S 1023 PCS

1 expenses or the compensation of any officer or employee

2 of the United States to implement an amendment or

3 amendments to 27 CFR 178.118 or to change the defini4 tion of ‘‘Curios or relics’’ in 27 CFR 178.11 or remove

5 any item from ATF Publication 5300.11 as it existed on

6 January 1, 1994: Provided further, That none of the funds

7 appropriated herein shall be available to investigate or act

8 upon applications for relief from Federal firearms disabil9 ities under 18 U.S.C. 925(c): Provided further, That such

10 funds shall be available to investigate and act upon appli11 cations filed by corporations for relief from Federal fire12 arms disabilities under 18 U.S.C. 925(c): Provided further,

13 That no funds in this Act may be used to provide ballistics

14 imaging equipment to any State or local authority who

15 has obtained similar equipment through a Federal grant

16 or subsidy unless the State or local authority agrees to

17 return that equipment or to repay that grant or subsidy

18 to the Federal Government: Provided further, That prior

19 to implementation of separation plans as authorized by

20 section 663 of Public Law 104–863, approval will be

21 sought from the House Committee on Government Reform

22 and Oversight and the Senate Committee on Govern23 mental Affairs: Provided further, That no funds under this

24 Act may be used to electronically retrieve information
14

S 1023 PCS

1 gathered pursuant to 18 U.S.C. 923(g)(4) by name or any

2 personal identification code.

3 LABORATORY FACILITIES

4 For necessary expenses for construction of a new fa5 cility or facilities to house the Bureau of Alcohol, Tobacco

6 and Firearms National Laboratory Center and the Fire

7 Investigation Research and Development Center, not to

8 exceed 185,000 occupiable square feet, $55,022,000 to re9 main available until expended: Provided, That these funds

10 shall not be available until an authorized prospectus for

11 the Laboratory Facilities is approved by the House Com12 mittee on Transportation and Infrastructure and the Sen13 ate Committee on Environment and Public Works.

14 UNITED STATES CUSTOMS SERVICE

15 SALARIES AND EXPENSES

16 For necessary expenses of the United States Customs

17 Service, including purchase of up to 1,050 motor vehicles

18 of which 985 are for replacement only and of which 1,030

19 are for police-type use and commercial operations; hire of

20 motor vehicles; contracting with individuals for personal

21 services abroad; not to exceed $30,000 for official recep22 tion and representation expenses; and awards of com23 pensation to informers, as authorized by any Act enforced

24 by the United States Customs Service; $1,551,028,000,

25 of which such sums as become available in the Customs

26 User Fee Account, except sums subject to section
15

S 1023 PCS

1 13031(f)(3) of the Consolidated Omnibus Reconciliation

2 Act of 1985, as amended (19 U.S.C. 58c(f)(3)), shall be

3 derived from that Account; of the total, not to exceed

4 $150,000 shall be available for payment for rental space

5 in connection with preclearance operations, and not to ex6 ceed $4,000,000 shall be available until expended for re7 search, not to exceed $1,500,000 shall be available until

8 expended for conducting special operations pursuant to 19

9 U.S.C. 2081, and up to $6,000,000 shall be available until

10 expended for the procurement of automation infrastruc11 ture items, including hardware, software, and installation:

12 Provided, That uniforms may be purchased without regard

13 to the general purchase price limitation for the current

14 fiscal year: Provided further, That prior to implementation

15 of separation plans as authorized by section 663 of Public

16 Law 104–863, approval will be sought from the House

17 Committee on Government Reform and Oversight and the

18 Senate Committee on Governmental Affairs: Provided fur19 ther, That $2,500,000 shall be available to fund the Globe

20 Trade and Research Program at the Montana World

21 Trade Center: Provided further, That notwithstanding any

22 other provision of law, the fiscal year aggregate overtime

23 limitation prescribed in subsection 5(c)(1) of the Act of

24 February 13, 1911 (19 U.S.C. 261 and 267) shall be

25 $30,000.
16

S 1023 PCS

1 OPERATIONS, MAINTENANCE AND PROCUREMENT, AIR

2 AND MARINE INTERDICTION PROGRAMS

3 For expenses, not otherwise provided for, necessary

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

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

8 the air or marine interdiction and demand reduction pro9 grams, the operations of which include: the interdiction

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

11 Customs and other Federal, State, and local agencies in

12 the enforcement or administration of laws enforced by the

13 Customs Service; and, at the discretion of the Commis14 sioner of Customs, the provision of assistance to Federal,

15 State, and local agencies in other law enforcement and

16 emergency humanitarian efforts; $92,758,000, which shall

17 remain available until expended: Provided, That no air18 craft or other related equipment, with the exception of air19 craft which is one of a kind and has been identified as

20 excess to Customs requirements and aircraft which has

21 been damaged beyond repair, shall be transferred to any

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

23 Department of the Treasury, during fiscal year 1998 with24 out the prior approval of the House and Senate Commit25 tees on Appropriations.
17

S 1023 PCS

1 CUSTOMS SERVICES AT SMALL AIRPORTS

2 (TO BE DERIVED FROM FEES COLLECTED)

3 Such sums as may be necessary for expenses for the

4 provision of Customs services at certain small airports or

5 other facilities when authorized by law and designated by

6 the Secretary of the Treasury, including expenditures for

7 the salary and expenses of individuals employed to provide

8 such services, to be derived from fees collected by the Sec9 retary pursuant to section 236 of Public Law 98–573 for

10 each of these airports or other facilities when authorized

11 by law and designated by the Secretary, and to remain

12 available until expended.

13 HARBOR MAINTENANCE FEE COLLECTION

14 For administrative expenses related to the collection

15 of the Harbor Maintenance Fee, pursuant to Public Law

16 103–182, $3,000,000, to be derived from the Harbor

17 Maintenance Trust Fund and to be transferred to and

18 merged with the Customs ‘‘Salaries and Expenses’’ ac19 count for such purposes.

20 BUREAU OF THE PUBLIC DEBT

21 ADMINISTERING THE PUBLIC DEBT

22 For necessary expenses connected with any public23 debt issues of the United States, $173,826,000, of which

24 not to exceed $2,500 shall be available for official recep25 tion and representation expenses, and of which

26 $2,000,000 shall remain available until September 30,
18

S 1023 PCS

1 2000 for information systems modernization initiatives:

2 Provided, That the sum appropriated herein from the Gen3 eral Fund for fiscal year 1998 shall be reduced by not

4 more than $4,400,000 as definitive security issue fees and

5 Treasury Direct Investor Account Maintenance fees are

6 collected, so as to result in a final fiscal year 1998 appro7 priation from the General Fund estimated at

8 $169,426,000, and in addition, $20,000, to be derived

9 from the Oil Spill Liability Trust Fund to reimburse the

10 Bureau for administrative and personnel expenses for fi11 nancial management of the Fund, as authorized by section

12 102 of Public Law 101–380: Provided further, That not13 withstanding any other provisions of law, effective upon

14 enactment, the Bureau of the Public Debt shall be fully

15 and directly reimbursed by the funds described in Public

16 Law 101–136, title I, section 104, 103 Stat. 789 for costs

17 and services performed by the Bureau in the administra18 tion of such funds.

19 INTERNAL REVENUE SERVICE

20 PROCESSING, ASSISTANCE, AND MANAGEMENT

21 For necessary expenses of the Internal Revenue Serv22 ice, not otherwise provided for; including processing tax

23 returns; revenue accounting; providing tax law and ac24 count assistance to taxpayers by telephone and cor25 respondence; matching information returns and tax re-
19

S 1023 PCS

1 turns; management services; rent and utilities; and inspec2 tion; including purchase (not to exceed 150 for replace3 ment only for police-type use) and hire of passenger motor

4 vehicles (31 U.S.C. 1343(b)); and services as authorized

5 by 5 U.S.C. 3109, at such rates as may be determined

6 by the Commissioner; $2,943,174,000, of which up to

7 $3,700,000 shall be for the Tax Counseling for the Elderly

8 Program, and of which not to exceed $25,000 shall be for

9 official reception and representation expenses.

10 TAX LAW ENFORCEMENT

11 For necessary expenses of the Internal Revenue Serv12 ice for determining and establishing tax liabilities; tax and

13 enforcement litigation; technical rulings; examining em14 ployee plans and exempt organizations; investigation and

15 enforcement activities; securing unfiled tax returns; col16 lecting unpaid accounts; statistics of income and compli17 ance research; the purchase (for police-type use, not to

18 exceed 850) and hire of passenger motor vehicles (31

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

20 3109, at such rates as may be determined by the Commis21 sioner, $3,153,722,000. Of the funds appropriated under

22 this heading in Public Law 104–208, $26,000,000 and in

23 addition, $6,000,000 in Public Law 104–52 are available

24 in fiscal year 1998 for the Year 2000 Century Date

25 Change.
20

S 1023 PCS

1 INFORMATION SYSTEMS

2 For necessary expenses for data processing and tele3 communications support for Internal Revenue Service ac4 tivities, including developmental information systems and

5 operational information systems; the hire of passenger

6 motor vehicles (31 U.S.C. 1343(b)); and services as au7 thorized by 5 U.S.C. 3109, at such rates as may be deter8 mined by the Commissioner, $1,272,487,000, which shall

9 be available until September 30, 1999: Provided, That

10 under the heading ‘‘Information Systems’’ in Public Law

11 104–208 (110 Stat. 3009), the following is deleted: ‘‘of

12 which no less than $130,075,000 shall be available for Tax

13 Systems Modernization (TSM) development and deploy14 ment’’: Provided further, That the IRS will submit a re15 programming request, of which no less than $102,500,000

16 is available for Year 2000 conversion.

17 INFORMATION TECHNOLOGY INVESTMENTS

18 For necessary expenses for the capital asset acquisi19 tion of information technology systems as they relate to

20 the century date change and data center consolidation;

21 $325,000,000, which shall remain available until Septem22 ber 30, 2000: Provided, That none of the funds are avail23 able for obligation until September 1, 1998: Provided fur24 ther, That the systems acquired are in compliance with

25 acquisition rules, requirements, guidelines, and systems
21

S 1023 PCS

1 acquisition management practices of the Federal Govern2 ment.

3 ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE

4 SERVICE

5 SECTION 101. Not to exceed 5 percent of any appro6 priation made available in this Act to the Internal Revenue

7 Service may be transferred to any other Internal Revenue

8 Service appropriation upon the advance approval of the

9 House and Senate Committees on Appropriations.

10 SEC. 102. The Internal Revenue Service shall main11 tain a training program to ensure that Internal Revenue

12 Service employees are trained in taxpayers’ rights, in deal13 ing courteously with the taxpayers, and in cross-cultural

14 relations.

15 SEC. 103. The funds provided in this Act for the In16 ternal Revenue Service shall be used to provide, as a mini17 mum, the fiscal year 1995 level of service, staffing, and

18 funding for Taxpayer Services.

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

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

21 underpayment of any tax imposed by the Internal Revenue

22 Code of 1986 unless the conduct of officers and employees

23 of the Internal Revenue Service in connection with such

24 collection, including any private sector employees under

25 contract to the Internal Revenue Service, complies with

26 subsection (a) of section 805 (relating to communications
22

S 1023 PCS

1 in connection with debt collection), and section 806 (relat2 ing to harassment or abuse), of the Fair Debt Collection

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

4 SEC. 105. The Internal Revenue Service shall insti5 tute and enforce policies and procedures which will safe6 guard the confidentiality of taxpayer information.

7 SEC. 106. Funds made available by this or any other

8 Act to the Internal Revenue Service shall be available for

9 improved facilities and increased manpower to provide suf10 ficient and effective 1–800 help line for taxpayers. The

11 Commissioner shall continue to make the improvement of

12 the IRS 1–800 help line service a priority and allocate re13 sources necessary to increase phone lines and staff to im14 prove the IRS 1–800 help line service.

15 SEC. 107. Notwithstanding any other provision of

16 law, no field support reorganization of the Internal Reve17 nue Service shall be undertaken in Aberdeen, South Da18 kota until the Internal Revenue Service toll-free help

19 phone line assistance program reaches at least an 80 per20 cent service level. The Commissioner shall submit to Con21 gress a report and the GAO shall certify to Congress that

22 the 80 percent service level has been met.

23 SEC. 108. Notwithstanding any other provision of

24 law, no reorganization of the field office structure of the

25 Internal Revenue Service Criminal Investigation division
23

S 1023 PCS

1 will result in a reduction of criminal investigators in Wis2 consin from the 1996 level.

3 SEC. 109. None of the funds appropriated under this

4 Act or any Act hereinafter enacted may be used by the

5 Secretary of the Treasury to collect a tax liability by levy

6 upon a limited entry commercial fishing permit issued by

7 a State unless the Secretary first determines in writing

8 and by clear and convincing evidence that such levy will

9 facilitate the full collection of such tax liability.

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 705 vehicles for

14 police-type use, of which 675 shall be for replacement

15 only), and hire of passenger motor vehicles; hire of air16 craft; training and assistance requested by State and local

17 governments, which may be provided without reimburse18 ment; services of expert witnesses at such rates as may

19 be determined by the Director; rental of buildings in the

20 District of Columbia, and fencing, lighting, guard booths,

21 and other facilities on private or other property not in

22 Government ownership or control, as may be necessary to

23 perform protective functions; for payment of per diem and/

24 or subsistence allowances to employees where a protective

25 assignment during the actual day or days of the visit of
24

S 1023 PCS

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

2 or to remain overnight at his or her post of duty; the con3 ducting of and participating in firearms matches; presen4 tation of awards; for travel of Secret Service employees

5 on protective missions without regard to the limitations

6 on such expenditures in this or any other Act if approval

7 is obtained in advance from the House and Senate Com8 mittees on Appropriations; for repairs, alterations, and

9 minor construction at the James J. Rowley Secret Service

10 Training Center; for research and development; for mak11 ing grants to conduct behavioral research in support of

12 protective research and operations; not to exceed $20,000

13 for official reception and representation expenses; for

14 sponsorship of a conference for the Women in Federal

15 Law Enforcement, to be held during fiscal year 1998; not

16 to exceed $50,000 to provide technical assistance and

17 equipment to foreign law enforcement organizations in

18 counterfeit investigations; for payment in advance for

19 commercial accommodations as may be necessary to per20 form protective functions; and for uniforms without regard

21 to the general purchase price limitation for the current

22 fiscal year; not to exceed $6,568,000 for continued White

23 House security enhancements; not to exceed $1,623,000

24 for fixed site and security maintenance; not to exceed

25 $2,830,000 for LAN replacement; not to exceed
25

S 1023 PCS

1 $1,000,000 for year 2000 date conversion; not to exceed

2 $6,100,000 for FLEWUG/SNET which shall remain

3 available until expended; not to exceed $6,700,000 for ve4 hicle replacement; and not to exceed $1,460,000 to provide

5 technical assistance and to assess the effectiveness of new

6 technology intended to combat identity-based crimes;

7 $570,809,000.

8 ACQUISITION, CONSTRUCTION, IMPROVEMENT, AND

9 RELATED EXPENSES

10 For necessary expenses of construction, repair, alter11 ation, and improvement of facilities, $9,176,000, to re12 main available until expended for the Secret Service’s

13 Headquarters Building and the James J. Rowley Training

14 Center.

15 GENERAL PROVISIONS—DEPARTMENT OF THE

16 TREASURY

17 SEC. 111. Any obligation or expenditure by the Sec18 retary in connection with law enforcement activities of a

19 Federal agency or a Department of the Treasury law en20 forcement organization in accordance with 31 U.S.C.

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

22 Fund on September 30, 1998, shall be made in compliance

23 with the reprogramming guidelines contained in the Sen24 ate report accompanying this Act.

25 SEC. 112. Appropriations to the Treasury Depart26 ment in this Act shall be available for uniforms or allow-
26

S 1023 PCS

1 ances therefor, as authorized by law (5 U.S.C. 5901), in2 cluding maintenance, repairs, and cleaning; purchase of

3 insurance for official motor vehicles operated in foreign

4 countries; purchase of motor vehicles without regard to the

5 general purchase price limitations for vehicles purchased

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

7 contracts with the Department of State for the furnishing

8 of health and medical services to employees and their de9 pendents serving in foreign countries; and services author10 ized by 5 U.S.C. 3109.

11 SEC. 113. The funds provided to the Bureau of Alco12 hol, Tobacco and Firearms for fiscal year 1998 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 SEC. 114. Not to exceed 2 percent of any appropria18 tions in this Act made available to the Federal Law En19 forcement Training Center, Financial Crimes Enforce20 ment Network, Bureau of Alcohol, Tobacco and Firearms,

21 U.S. Customs Service, and U.S. Secret Service may be

22 transferred between such appropriations. No transfer may

23 increase or decrease any such appropriation by more than

24 2 percent and notice of any such transfer shall be ap-
27

S 1023 PCS

1 proved by the Committees on Appropriations of the House

2 and Senate.

3 SEC. 115. Not to exceed 2 percent of any appropria4 tions in this Act made available to the Departmental Of5 fices, Office of Inspector General, Financial Management

6 Service, and Bureau of the Public Debt, may be trans7 ferred between such appropriations. No transfer may in8 crease or decrease any such appropriation by more than

9 2 percent and notice of any such transfer shall be trans10 mitted in advance to the Committees on Appropriations

11 of the House and Senate.

12 SEC. 116. The Secretary of the Treasury shall pay

13 from amounts transferred to the ‘‘Departmental Offices’’

14 appropriation, up to $16,695 to reimburse Secret Service

15 personnel for any attorney fees and costs they incurred

16 with respect to investigation by the Department of the

17 Treasury Inspector General concerning testimony provided

18 to Congress: Provided, That the Secretary of the Treasury

19 shall pay an individual in full upon submission by the indi20 vidual of documentation verifying the attorney fees and

21 costs: Provided further, That the liability of the United

22 States shall not be inferred from enactment of or payment

23 under this provision: Provided further, That the Secretary

24 of the Treasury shall not pay any claim filed under this

25 section that is filed later than 120 days after the date
28

S 1023 PCS

1 of enactment of this Act: Provided further, That payment

2 under this provision, when accepted, shall be in full satis3 faction of all claims of, or on behalf of, the individual Se4 cret Service agent who was the subject of said investiga5 tion.

6 SEC. 117. (a)(1) Effective beginning on the date de7 termined under paragraph (2), the compensation and

8 other emoluments attached to the Office of Secretary of

9 the Treasury shall be those that would then apply if Public

10 Law 103–2 (107 Stat. 4; 31 U.S.C. 301 note) had never

11 been enacted.

12 (2) Paragraph (1) shall become effective on the later

13 of—

14 (A) the day after the date on which the individ15 ual holding the Office of Secretary of the Treasury

16 on January 1, 1997, ceases to hold that office; or

17 (B) the date of the enactment of this Act.

18 (3) Nothing in this subsection shall be considered to

19 affect the compensation or emoluments due to any individ20 ual in connection with any period preceding the date deter21 mined under paragraph (2).

22 (b) Subsection (b) of the first section of the public

23 law referred to in subsection (a)(1) of this section shall

24 not apply in the case of any appointment the consent of
29

S 1023 PCS

1 the Senate to which occurs on or after the date of the

2 enactment of this Act.

3 (c) This section shall not be limited (for purposes of

4 determining whether a provision of this section applies or

5 continues to apply) to fiscal year 1998.

6 SEC. 118. RATES OF BASIC PAY FOR THE UNITED STATES

7 SECRET SERVICE UNIFORMED DIVISION.

8 (a) NEW RATES OF BASIC PAY.—Section 501 of the

9 District of Columbia Police and Firemen’s Salary Act of

10 1958, (District of Columbia Code, section 4–416), is

11 amended—

12 (1) in subsection (b)(1), by striking ‘‘Interior’’

13 and all that follows through ‘‘Treasury,’’ and insert14 ing ‘‘Interior’’;

15 (2) by redesignating subsection (c) as sub16 section (b)(3);

17 (3) in subsection (b)(3) (as redesignated)—

18 (A) by striking ‘‘or to officers and mem19 bers of the United States Secret Service Uni20 formed Division’’; and

21 (B) by striking ‘‘subsection (b) of this sec22 tion’’ and inserting ‘‘this subsection’’; and

23 (4) by adding after subsection (b) the following

24 new subsection:
30

S 1023 PCS

1 ‘‘(c)(1) The annual rates of basic compensation of of2 ficers and members of the United States Secret Service

3 Uniformed Division, serving in classes corresponding or

4 similar to those in the salary schedule in section 101 (Dis5 trict of Columbia Code, section 4–406), shall be fixed in

6 accordance with the following schedule of rates:

‘‘SALARY SCHEDULE

Salary class and

title

Service steps

1 2 3456789

Class 1: Private 29,215 30,088 31,559 33,009 35,331 37,681 39,128 40,593 42,052

Class 4: Sergeant 39,769 41,747 43,728 45,718 47,715 49,713

Class 5: Lieutenant 45,148 47,411 49,663 51,924 54,180

Class 7: Captain 52,523 55,155 57,788 60,388

Class 8: Inspector 60,886 63,918 66,977 70,029

Class 9: Deputy Chief 71,433 76,260 81,113 85,950

Class 10: Assistant

Chief

84,694 90,324 95,967

Class 11: Chief of the

United States Secret

Service Uniformed

Division

98,383 104,923

7 ‘‘(2) Effective at the beginning of the first applicable

8 pay period commencing on or after the first day of the

9 month in which an adjustment takes effect under section

10 5303 of title 5, United States Code (or any subsequent

11 similar provision of law), in the rates of pay under the

12 General Schedule (or any pay system that may supersede

13 such schedule), the annual rates of basic compensation of

14 officers and members of the United States Secret Service

15 Uniformed Division shall be adjusted by the Secretary of

16 the Treasury by an amount equal to the percentage of

17 such annual rate of pay which corresponds to the overall

18 percentage of the adjustment made in the rates of pay

19 under the General Schedule.
31

S 1023 PCS

1 ‘‘(3) Locality-based comparability payments author2 ized under section 5304 of title 5, United States Code,

3 shall be applicable to the basic pay under this section, ex4 cept locality-based comparability payments may not be

5 paid at a rate which, when added to the rate of basic pay

6 otherwise payable to the officer or member, would cause

7 the total to exceed the rate of basic pay payable for level

8 IV of the Executive Schedule.

9 ‘‘(4) Pay may not be paid, by reason of any provision

10 of this subsection (disregarding any comparability pay11 ment payable under Federal law), at a rate in excess of

12 the rate of basic pay payable for level V of the Executive

13 Schedule contained in subchapter II of chapter 53 of title

14 5, United States Code.

15 ‘‘(5) Any reference in any law to the salary schedule

16 in section 101 (District of Columbia Code, section 4–406)

17 with respect to officers and members of the United States

18 Secret Service Uniformed Division shall be considered to

19 be a reference to the salary schedule in paragraph (1) of

20 this subsection as adjusted in accordance with this sub21 section.

22 ‘‘(6)(A) Except as otherwise permitted by or under

23 law, no allowance, differential, bonus, award, or other

24 similar cash payment under this title or under title 5,

25 United States Code, may be paid to an officer or member
32

S 1023 PCS

1 of the United States Secret Service Uniformed Division

2 in a calendar year if, or to the extent that, when added

3 to the total basic pay paid or payable to such officer or

4 member for service performed in such calendar year as

5 an officer or member, such payment would cause the total

6 to exceed the annual rate of basic pay payable for level

7 I of the Executive Schedule, as of the end of such calendar

8 year.

9 ‘‘(B) This paragraph shall not apply to any payment

10 under the following provisions of title 5, United States

11 Code:

12 ‘‘(i) Subchapter III or VII of chapter 55, or

13 section 5596.

14 ‘‘(ii) Chapter 57 (other than section 5753,

15 5754, or 5755).

16 ‘‘(iii) Chapter 59 (other than section 5928).

17 ‘‘(7)(A) Any amount which is not paid to an officer

18 or member of the United States Secret Service Uniformed

19 Division in a calendar year because of the limitation under

20 paragraph (6) shall be paid to such officer or member in

21 a lump sum at the beginning of the following calendar

22 year.

23 ‘‘(B) Any amount paid under this paragraph in a cal24 endar year shall be taken into account for purposes of ap-
33

S 1023 PCS

1 plying the limitations under paragraph (6) with respect

2 to such calendar year.

3 ‘‘(8) The Office of Personnel Management shall pre4 scribe regulations as may be necessary (consistent with

5 section 5582 of title 5, United States Code) concerning

6 how a lump-sum payment under paragraph (7) shall be

7 made with respect to any employee who dies before an

8 amount payable to such employee under paragraph (7) is

9 made.’’.

10 (b) CONVERSION TO NEW SALARY SCHEDULE.—

11 (1)(A) Effective on the first day of the first pay

12 period beginning after the date of enactment of this

13 section, the Secretary of the Treasury shall fix the

14 rates of basic pay for members of the United States

15 Secret Service Uniformed Division in accordance

16 with this paragraph.

17 (B) Subject to subparagraph (C), each officer

18 and member receiving basic compensation, imme19 diately prior to the effective date of this section, at

20 one of the scheduled rates in the salary schedule in

21 section 101 of the District of Columbia Police and

22 Firemen’s Salary Act of 1958, as adjusted by law

23 and as in effect prior to the effective date of this

24 section, shall be placed in and receive basic com-
34

S 1023 PCS

1 pensation at the corresponding scheduled service

2 step of the salary schedule under subsection (a)(4).

3 (C)(i) The Assistant Chief and the Chief of the

4 United States Secret Service Uniformed Division

5 shall be placed in and receive basic compensation in

6 salary class 10 and salary class 11, respectively, in

7 the appropriate service step in the new salary class

8 in accordance with section 304 of the District of Co9 lumbia Police and Firemen’s Salary Act 1958 (Dis10 trict of Columbia Code, section 4–413).

11 (ii) Each member whose position is to be con12 verted to the salary schedule under section 501(c) of

13 the District of Columbia Police and Firemen’s Sal14 ary Act of 1958 (District of Columbia Code, section

15 4–416(c)) as amended by this section, in accordance

16 with subsection (a) of this section, and who, prior to

17 the effective date of this section has earned, but has

18 not been credited with, an increase in his or her rate

19 of pay shall be afforded that increase before such

20 member is placed in the corresponding service step

21 in the salary schedule under section 501(c).

22 (2) Except in the cases of the Assistant Chief

23 and the Chief of the United States Secret Service

24 Uniformed Division, the conversion of positions and

25 individuals to appropriate classes of the salary
35

S 1023 PCS

1 schedule under section 501(c) of the District of Co2 lumbia Police and Firemen’s Salary Act of 1958

3 (District of Columbia Code, section 4–416(c)) as

4 amended by this section, and the initial adjustments

5 of rates of basic pay of those positions and individ6 uals, in accordance with paragraph (1) of this sub7 section, shall not be considered to be transfers or

8 promotions within the meaning of section 304 of the

9 District of Columbia Police and Firemen’s Salary

10 Act of 1958 (District of Columbia Code, section 4–

11 413).

12 (3) Each member whose position is converted to

13 the salary schedule under section 501(c) of the Dis14 trict of Columbia Police and Firemen’s Salary Act of

15 1958 (District of Columbia Code, section 4–416(c))

16 as amended by this section, in accordance with sub17 section (a) of this section, shall be granted credit for

18 purposes of such member’s first service step adjust19 ment under the salary schedule in such section

20 510(c) for all satisfactory service performed by the

21 member since the member’s last increase in basic

22 pay prior to the adjustment under that section.

23 (c) LIMITATION ON PAY PERIOD EARNINGS.—The

24 Act of August 15, 1950 (64 Stat. 477), (District of Co25 lumbia Code, section 4–1104), is amended—
36

S 1023 PCS

1 (1) in subsection (h), by striking ‘‘any officer or

2 member’’ each place it appears and inserting ‘‘an of3 ficer or member of the Metropolitan Police force, of

4 the Fire Department of the District of Columbia, or

5 of the United States Park Police’’;

6 (2) by redesignating subsection (h)(3) as sub7 section (i); and

8 (3) by inserting after paragraph (2) the follow9 ing new paragraph:

10 ‘‘(3)(A) no premium pay provided by this sec11 tion shall be paid to, and no compensatory time is

12 authorized for, any officer or member of the United

13 States Secret Service Uniformed Division whose rate

14 of basic pay, combined with any applicable locality15 based comparability payment, equals or exceeds the

16 lesser of—

17 ‘‘(i) 150 percent of the minimum rate pay18 able for grade GS–15 of the General Schedule

19 (including any applicable locality-based com20 parability payment under section 5304 of title

21 5, United States Code or any similar provision

22 of law, and any applicable special rate of pay

23 under section 5305 of title 5, United States

24 Code or any similar provision of law); or
37

S 1023 PCS

1 ‘‘(ii) the rate payable for level V of the Ex2 ecutive Schedule contained in subchapter II of

3 chapter 53 of title 5, United States Code.

4 ‘‘(B) In the case of any officer or member of

5 the United States Secret Service Uniformed Division

6 whose rate of basic pay, combined with any applica7 ble locality-based comparability payment, is less than

8 the lesser of—

9 ‘‘(i) 150 percent of the minimum rate pay10 able for grade GS–15 of the General Schedule

11 (including any applicable locality-based com12 parability payment under section 5304 of title

13 5, United States Code or any similar provision

14 of law, and any applicable special rate of pay

15 under section 5305 of title 5, United States

16 Code or any similar provision of law); or

17 ‘‘(ii) the rate payable for level V of the Ex18 ecutive Schedule contained in subchapter II of

19 chapter 53 of title 5, United States Code,

20 such premium pay may be paid only to the extent

21 that such payment would not cause such officer or

22 member’s aggregate rate of compensation to exceed

23 such lesser amount with respect to any pay period.’’.

24 (d) SAVINGS PROVISION.—On the effective date of

25 this section, any existing special salary rates authorized
38

S 1023 PCS

1 for members of the United States Secret Service Uni2 formed Division under section 5305 of title 5, United

3 States Code (or any previous similar provision of law) and

4 any special rates of pay or special pay adjustments under

5 section 403, 404, or 405 of the Federal Law Enforcement

6 Pay Reform Act of 1990 applicable to members of the

7 United States Secret Service Uniformed Division shall be

8 rendered inapplicable.

9 (e) CONFORMING AMENDMENT.—The Federal Law

10 Enforcement Pay Reform Act of 1990 (104 Stat. 1466)

11 is amended by striking subsections (b)(1) and (c)(1) of

12 section 405.

13 (f) EFFECTIVE DATE.—The provisions of this section

14 shall become effective on the first day of the first pay pe15 riod beginning after the date of enactment of this Act.

16 SEC. 119. Section 117 of the Treasury, Postal Serv17 ice, and General Government Appropriations Act, 1997

18 (as contained in section 101(f) of division A of Public Law

19 104–208) is hereby repealed.

20 SEC. 120. Notwithstanding any other provision of

21 law, the Secretary of the Treasury shall establish the port

22 of Kodiak, Alaska as a port of entry and United States

23 Customs Service personnel in Anchorage, Alaska shall

24 serve such port of entry. There are authorized to be appro25 priated such sums as necessary to cover the costs associ-
39

S 1023 PCS

1 ated with the performance of customs functions using such

2 United States Customs Service personnel.

3 TITLE II—POSTAL SERVICE

4 PAYMENTS TO THE POSTAL SERVICE FUND

5 PAYMENT TO THE POSTAL SERVICE FUND

6 For payment to the Postal Service Fund for revenue

7 forgone on free and reduced rate mail, pursuant to sub8 sections (c) and (d) of section 2401 of title 39, United

9 States Code, $86,274,000: Provided, That mail for over10 seas voting and mail for the blind shall continue to be free:

11 Provided further, That 6-day delivery and rural delivery

12 of mail shall continue at not less than the 1983 level: Pro13 vided further, That none of the funds made available to

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

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

16 employee of any State or local child support enforcement

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

18 program of child support enforcement, a fee for informa19 tion requested or provided concerning an address of a

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

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

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

23 ending on September 30, 1998.
40

S 1023 PCS

1 PAYMENT TO THE POSTAL SERVICE FUND FOR

2 NONFUNDED LIABILITIES

3 For payment to the Postal Service Fund for meeting

4 the liabilities of the former Post Office Department to the

5 Employees’ Compensation Fund pursuant to 39 United

6 States Code 2004, $34,850,000.

7 TITLE III—EXECUTIVE OFFICE OF THE PRESI8 DENT AND FUNDS APPROPRIATED TO THE

9 PRESIDENT

10 COMPENSATION OF THE PRESIDENT AND THE WHITE

11 HOUSE OFFICE

12 COMPENSATION OF THE PRESIDENT

13 For compensation of the President, including an ex14 pense allowance at the rate of $50,000 per annum as au15 thorized by 3 U.S.C. 102; $250,000: Provided, That none

16 of the funds made available for official expenses shall be

17 expended for any other purpose and any unused amount

18 shall revert to the Treasury pursuant to section 1552 of

19 title 31, United States Code: Provided further, That none

20 of the funds made available for official expenses shall be

21 considered as taxable to the President.

22 SALARIES AND EXPENSES

23 For necessary expenses for the White House as au24 thorized by law, including not to exceed $3,850,000 for

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

26 including subsistence expenses as authorized by 3 U.S.C.
41

S 1023 PCS

1 105, which shall be expended and accounted for as pro2 vided in that section; hire of passenger motor vehicles,

3 newspapers, periodicals, teletype news service, and travel

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

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

6 for official entertainment expenses, to be available for allo7 cation within the Executive Office of the President;

8 $51,199,000: Provided, That $873,000 of the funds ap9 propriated may not be obligated until the Director of the

10 Office of Administration has submitted, and the Commit11 tees on Appropriations of the House and Senate have ap12 proved, a systems architecture plan, a milestone schedule

13 for the development and implementation of all projects in14 cluded in the systems architecture plan, and an estimate

15 of the funds required to support the fiscal year 1998 cap16 ital investments associated with that plan: Provided fur17 ther, That $9,800,000 of the funds appropriated shall be

18 available for reimbursements to the White House Commu19 nications Agency in accordance with Public Law 104–201.

20 EXECUTIVE RESIDENCE AT THE WHITE HOUSE

21 OPERATING EXPENSES

22 For the care, maintenance, repair and alteration, re23 furnishing, improvement, heating and lighting, including

24 electric power and fixtures, of the Executive Residence at

25 the White House and official entertainment expenses of
42

S 1023 PCS

1 the President, $8,045,000, to be expended and accounted

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

3 WHITE HOUSE REPAIR AND RESTORATION

4 For the repair, alteration, and improvement of the

5 Executive Residence at the White House, $200,000, to re6 main available until expended for renovation and reloca7 tion of the White House laundry, to be expended and ac8 counted for as provided by 3 U.S.C. 105, 109–110, 112–

9 114.

10 SPECIAL ASSISTANCE TO THE PRESIDENT AND THE

11 OFFICIAL RESIDENCE OF THE VICE PRESIDENT

12 SALARIES AND EXPENSES

13 For necessary expenses to enable the Vice President

14 to provide assistance to the President in connection with

15 specially assigned functions, services as authorized by 5

16 U.S.C. 3109 and 3 U.S.C. 106, including subsistence ex17 penses as authorized by 3 U.S.C. 106, which shall be ex18 pended and accounted for as provided in that section; and

19 hire of passenger motor vehicles; $3,378,000: Provided,

20 That $69,800 of the funds appropriated may not be obli21 gated until the Director of the Office of Administration

22 has submitted, and the Committees on Appropriations of

23 the House and Senate have approved, a systems architec24 ture plan, a milestone schedule for the development and

25 implementation of all projects included in the systems ar-
43

S 1023 PCS

1 chitecture plan, and an estimate of the funds required to

2 support the fiscal year 1998 capital investments associ3 ated with that plan.

4 OPERATING EXPENSES

5 For the care, operation, refurnishing, improvement,

6 heating and lighting, including electric power and fixtures,

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

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

9 official entertainment expenses of the Vice President, to

10 be accounted for solely on his certificate; $334,000: Pro11 vided, That advances or repayments or transfers from this

12 appropriation may be made to any department or agency

13 for expenses of carrying out such activities.

14 COUNCIL OF ECONOMIC ADVISERS

15 SALARIES AND EXPENSES

16 For necessary expenses of the Council in carrying out

17 its functions under the Employment Act of 1946 (15

18 U.S.C. 1021), $3,542,000.

19 OFFICE OF POLICY DEVELOPMENT

20 SALARIES AND EXPENSES

21 For necessary expenses of the Office of Policy Devel22 opment, including services as authorized by 5 U.S.C.

23 3109, and 3 U.S.C. 107; $3,983,000.
44

S 1023 PCS

1 NATIONAL SECURITY COUNCIL

2 SALARIES AND EXPENSES

3 For necessary expenses of the National Security

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

5 3109, $6,648,000.

6 OFFICE OF ADMINISTRATION

7 SALARIES AND EXPENSES

8 For necessary expenses of the Office of Administra9 tion, including services as authorized by 5 U.S.C. 3109

10 and 3 U.S.C. 107, and hire of passenger motor vehicles

11 $28,883,000, of which $2,000,000 shall remain available

12 until expended for a capital investment plan which pro13 vides for the modernization of the information technology

14 infrastructure: Provided, That $2,000,000 of the funds

15 appropriated may not be obligated until the Director of

16 the Office of Administration has submitted, and the Com17 mittees on Appropriations of the House and Senate have

18 approved, a systems architecture plan, a milestone sched19 ule for the development and implementation of all projects

20 included in the system architecture plan, and an estimate

21 of the funds required to support the fiscal year 1998 cap22 ital investments associated with that plan.
45

S 1023 PCS

1 OFFICE OF MANAGEMENT AND BUDGET

2 SALARIES AND EXPENSES

3 For necessary expenses of the Office of Management

4 and Budget, including hire of passenger motor vehicles,

5 services as authorized by 5 U.S.C. 3109, $57,240,000, of

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

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

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

9 shall be applied only to the objects for which appropria10 tions were made except as otherwise provided by law: Pro11 vided further, That none of the funds made available for

12 the Office of Management and Budget by this Act may

13 be expended for the altering of the transcript of actual

14 testimony of witnesses, except for testimony of officials of

15 the Office of Management and Budget, before the House

16 and Senate Committees on Appropriations or the House

17 and Senate Committees on Veterans’ Affairs or their sub18 committees.

19 OFFICE OF NATIONAL DRUG CONTROL POLICY

20 SALARIES AND EXPENSES

21 (INCLUDING TRANSFER OF FUNDS)

22 For necessary expenses of the Office of National

23 Drug Control Policy; for research activities pursuant to

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

25 official reception and representation expenses; and for par26 ticipation in joint projects or in the provision of services
46

S 1023 PCS

1 on matters of mutual interest with nonprofit, research, or

2 public organizations or agencies, with or without reim3 bursement; $36,016,000, of which $18,000,000 shall re4 main available until expended, consisting of $1,000,000

5 for policy research and evaluation and $17,000,000 for the

6 Counter-Drug Technology Assessment Center for

7 counternarcotics research and development projects of

8 which $1,000,000 shall be obligated for state conferences

9 on model State drug laws: Provided, That the $17,000,000

10 for the Counter-Drug Technology Assessment Center shall

11 be available for transfer to other Federal departments or

12 agencies: Provided further, That the Office is authorized

13 to accept, hold, administer, and utilize gifts, both real and

14 personal, for the purpose of aiding or facilitating the work

15 of the Office.

16 FEDERAL DRUG CONTROL PROGRAMS

17 HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

18 (INCLUDING TRANSFER OF FUNDS)

19 For necessary expenses of the Office of National

20 Drug Control Policy’s High Intensity Drug Trafficking

21 Areas Program, $140,207,000 for drug control activities

22 consistent with the approved strategy for each of the des23 ignated High Intensity Drug Trafficking Areas, of which

24 no less than $71,000,000 shall be transferred to State and

25 local entities for drug control activities, which shall be ob26 ligated within 120 days of the date of enactment of this
47

S 1023 PCS

1 Act and up to $69,207,000 may be transferred to Federal

2 agencies and departments at a rate to be determined by

3 the Director: Provided, That funding shall be provided for

4 existing High Intensity Drug Trafficking Areas at no less

5 than the fiscal year 1997 level.

6 SPECIAL FORFEITURE FUND

7 For activities to support a national media campaign

8 for youth, and other purposes, authorized by Public Law

9 100–690, as amended, $145,300,000, to remain available

10 until expended: Provided, That such funds may be trans11 ferred to other Federal departments and agencies to carry

12 out such activities: Provided further, That of the amount

13 provided, $110,000,000 shall be to support a national

14 media campaign, to reduce and prevent drug use among

15 young Americans: Provided further, That none of the

16 funds provided for the national media campaign may be

17 obligated until the Director, Office of National Drug Con18 trol Policy, submits a strategy for approval to the Commit19 tees on Appropriations of the House of Representatives

20 and the Senate that includes (1) a certification that funds

21 will supplement and not supplant current anti-drug com22 munity based coalitions; (2) a certification that none of

23 the funds will be used for partisan political purposes; (3)

24 an implementation plan for securing private sector con25 tributions including, but not limited to, in-kind contribu26 tions; and (4) a system to measure outcomes of success
48

S 1023 PCS

1 of the national media campaign: Provided further, That

2 the Director shall (1) report to Congress quarterly on the

3 obligation of funds as well as the specific parameters of

4 the national media campaign and (2) report to Congress

5 within two years on the effectiveness of the national media

6 campaign based upon the measurable outcomes provided

7 to Congress previously: Provided further, That of the

8 amount provided, $10,000,000 shall be to initiate a pro9 gram of matching grants to drug-free communities, as au10 thorized in the Drug-Free Communities Act of 1997: Pro11 vided further, That of the amount provided, $10,000,000

12 shall be used to continue and expand the methamphet13 amine reduction efforts: Provided further, That of the

14 amount provided, $6,000,000 shall be used to establish a

15 Federal Drug-Free Prison demonstration project: Pro16 vided further, That of the amount provided $9,300,000

17 shall be used to continue the reduction of drug use pro18 gram for those involved in the criminal justice system.

19 TITLE IV—INDEPENDENT AGENCIES

20 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE

21 BLIND OR SEVERELY DISABLED

22 SALARIES AND EXPENSES

23 For necessary expenses of the Committee for Pur24 chase From People Who Are Blind or Severely Disabled
49

S 1023 PCS

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

2 28, $1,940,000.

3 FEDERAL ELECTION COMMISSION

4 SALARIES AND EXPENSES

5 For necessary expenses to carry out the provisions

6 of the Federal Election Campaign Act of 1971, as amend7 ed, $29,000,000, of which no less than $2,500,000 shall

8 be available for internal automated data processing sys9 tems, and of which not to exceed $5,000 shall be available

10 for reception and representation expenses: Provided, That

11 of the amounts appropriated for salaries and expenses,

12 $750,000 shall be transferred to the General Accounting

13 Office for the sole purpose of entering into a contract with

14 the private sector for a management review, and tech15 nology and performance audit, of the Federal Election

16 Commission.

17 FEDERAL LABOR RELATIONS AUTHORITY

18 SALARIES AND EXPENSES

19 For necessary expenses to carry out functions of the

20 Federal Labor Relations Authority, pursuant to Reorga21 nization Plan Numbered 2 of 1978, and the Civil Service

22 Reform Act of 1978, including services as authorized by

23 5 U.S.C. 3109, including hire of experts and consultants,

24 hire of passenger motor vehicles, rental of conference

25 rooms in the District of Columbia and elsewhere;
50

S 1023 PCS

1 $22,039,000: Provided, That public members of the Fed2 eral Service Impasses Panel may be paid travel expenses

3 and per diem in lieu of subsistence as authorized by law

4 (5 U.S.C. 5703) for persons employed intermittently in

5 the Government service, and compensation as authorized

6 by 5 U.S.C. 3109: Provided further, That notwithstanding

7 31 U.S.C. 3302, funds received from fees charged to non8 Federal participants at labor-management relations con9 ferences shall be credited to and merged with this account,

10 to be available without further appropriation for the costs

11 of carrying out these conferences.

12 GENERAL SERVICES ADMINISTRATION

13 FEDERAL BUILDINGS FUND

14 LIMITATIONS ON AVAILABILITY OF REVENUE

15 To carry out the purpose of the Fund established

16 pursuant to section 210(f) of the Federal Property and

17 Administrative Services Act of 1949, as amended (40

18 U.S.C. 490(f)), the revenues and collections deposited into

19 the Fund shall be available for necessary expenses of real

20 property management and related activities not otherwise

21 provided for, including operation, maintenance, and pro22 tection of federally owned and leased buildings; rental of

23 buildings in the District of Columbia; restoration of leased

24 premises; moving governmental agencies (including space

25 adjustments and telecommunications relocation expenses)

26 in connection with the assignment, allocation and transfer
51

S 1023 PCS

1 of space; contractual services incident to cleaning or serv2 icing buildings, and moving; repair and alteration of feder3 ally owned buildings including grounds, approaches and

4 appurtenances; care and safeguarding of sites; mainte5 nance, preservation, demolition, and equipment; acquisi6 tion of buildings and sites by purchase, condemnation, or

7 as otherwise authorized by law; acquisition of options to

8 purchase buildings and sites; conversion and extension of

9 federally owned buildings; preliminary planning and de10 sign of projects by contract or otherwise; construction of

11 new buildings (including equipment for such buildings);

12 and payment of principal, interest, and any other obliga13 tions for public buildings acquired by installment purchase

14 and purchase contract, in the aggregate amount of

15 $4,885,934,000, of which (1) $350,000,000 shall remain

16 available until expended, for repairs and alterations which

17 includes associated design and construction services:

18 Repairs and alterations;

19 Chlorofluorocarbons Program, $50,000,000; and

20 Basic Repairs and Alterations, $300,000,000:

21 Provided, That additional projects for which prospectuses

22 have been fully approved may be funded under this cat23 egory only if advance approval is obtained from the Com24 mittees on Appropriations of the House and Senate: Pro25 vided further, That the amounts provided in this or any
52

S 1023 PCS

1 prior Act for Repairs and Alterations may be used to fund

2 costs associated with implementing security improvements

3 to buildings necessary to meet the minimum standards for

4 security in accordance with current law and in compliance

5 with the reprogramming guidelines of the appropriate

6 Committees of the House and Senate: Provided further,

7 That funds made available in this Act or any previous Act

8 for Repairs and Alterations shall, for prospectus projects,

9 be limited to the amount originally made available, except

10 each project may be increased by an amount not to exceed

11 10 percent when advance approval is obtained from the

12 Committees on Appropriations of the House and Senate

13 of a greater amount: Provided further, That the difference

14 between the funds appropriated and expended on any

15 projects in this or any prior Act, under the heading ‘‘Re16 pairs and Alterations’’, may be transferred to Basic Re17 pairs and Alterations or used to fund authorized increases

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

19 repairs and alterations prospectus projects shall expire on

20 September 30, 2000 and remain in the Federal Building

21 Fund except funds for projects as to which funds for de22 sign or other funds have been obligated in whole or in part

23 prior to such date: Provided further, That the amount pro24 vided in this or any prior Act for Basic Repairs and Alter25 ations may be used to pay claims against the Government
53

S 1023 PCS

1 arising from any projects under the heading ‘‘Repairs and

2 Alterations’’ or used to fund authorized increases in pro3 spectus projects; (2) $142,542,000 for installment acquisi4 tion payments including payments on purchase contracts

5 which shall remain available until expended; (3)

6 $2,275,340,000 for rental of space which shall remain

7 available until expended; (4) $1,331,789,000 for building

8 operations which shall remain available until expended;

9 and (5) $680,543,000 which shall remain available until

10 expended for projects and activities previously approved

11 under this heading in prior fiscal years: Provided further,

12 That for the purposes of this authorization, buildings con13 structed pursuant to the purchase contract authority of

14 the Public Buildings Amendments of 1972 (40 U.S.C.

15 602a), buildings occupied pursuant to installment pur16 chase contracts, and buildings under the control of an17 other department or agency where alterations of such

18 buildings are required in connection with the moving of

19 such other department or agency from buildings then, or

20 thereafter to be, under the control of the General Services

21 Administration shall be considered to be federally owned

22 buildings: Provided further, That funds available in the

23 Federal Buildings Fund may be expended for emergency

24 repairs when advance approval is obtained from the Com25 mittees on Appropriations of the House and Senate: Pro-
54

S 1023 PCS

1 vided further, That amounts necessary to provide reim2 bursable special services to other agencies under section

3 210(f)(6) of the Federal Property and Administrative

4 Services Act of 1949, as amended (40 U.S.C. 490(f)(6))

5 and amounts to provide such reimbursable fencing, light6 ing, guard booths, and other facilities on private or other

7 property not in Government ownership or control as may

8 be appropriate to enable the United States Secret Service

9 to perform its protective functions pursuant to 18 U.S.C.

10 3056, as amended, shall be available from such revenues

11 and collections: Provided further, That revenues and col12 lections and any other sums accruing to this Fund during

13 fiscal year 1998, excluding reimbursements under section

14 210(f)(6) of the Federal Property and Administrative

15 Services Act of 1949 (40 U.S.C. 490(f)(6)) in excess of

16 $4,885,934,000 shall remain in the Fund and shall not

17 be available for expenditure except as authorized in appro18 priations Acts.

19 POLICY AND OPERATIONS

20 For expenses authorized by law, not otherwise pro21 vided for, for Government-wide policy and oversight activi22 ties associated with asset management activities; utiliza23 tion and donation of surplus personal property; transpor24 tation; procurement and supply; Government-wide and in25 ternal responsibilities relating to automated data manage26 ment, telecommunications, information resources manage-
55

S 1023 PCS

1 ment, and related technology activities; utilization survey,

2 deed compliance inspection, appraisal, environmental and

3 cultural analysis, and land use planning functions pertain4 ing to excess and surplus real property; agency-wide policy

5 direction; Board of Contract Appeals; accounting, records

6 management, and other support services incident to adju7 dication of Indian Tribal Claims by the United States

8 Court of Federal Claims; services as authorized by 5

9 U.S.C. 3109; and not to exceed $5,000 for official recep10 tion and representation expenses; $104,487,000.

11 OFFICE OF INSPECTOR GENERAL

12 For necessary expenses of the Office of Inspector

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

14 $33,870,000: Provided, That not to exceed $10,000 shall

15 be available for payment for information and detection of

16 fraud against the Government, including payment for re17 covery of stolen Government property: Provided further,

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

19 to employees of other Federal agencies and private citizens

20 in recognition of efforts and initiatives resulting in en21 hanced Office of Inspector General effectiveness.

22 ALLOWANCES AND OFFICE STAFF FOR FORMER

23 PRESIDENTS

24 For carrying out the provisions of the Act of August

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

26 Law 95–138, $2,208,000: Provided, That the Adminis-
56

S 1023 PCS

1 trator of General Services shall transfer to the Secretary

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

3 out the provisions of such Acts.

4 GENERAL PROVISIONS—GENERAL SERVICES

5 ADMINISTRATION

6 SEC. 401. The appropriate appropriation or fund

7 available to the General Services Administration shall be

8 credited with the cost of operation, protection, mainte9 nance, upkeep, repair, and improvement, included as part

10 of rentals received from Government corporations pursu11 ant to law (40 U.S.C. 129).

12 SEC. 402. Funds available to the General Services

13 Administration shall be available for the hire of passenger

14 motor vehicles.

15 SEC. 403. Funds in the Federal Buildings Fund

16 made available for fiscal year 1998 for Federal Buildings

17 Fund activities may be transferred between such activities

18 only to the extent necessary to meet program require19 ments: Provided, That any proposed transfers shall be ap20 proved in advance by the Committees on Appropriations

21 of the House and Senate.

22 SEC. 404. No funds made available by this Act shall

23 be used to transmit a fiscal year 1999 request for United

24 States Courthouse construction that (1) does not meet the

25 design guide standards for construction as established and
57

S 1023 PCS

1 approved by the General Services Administration, the Ju2 dicial Conference of the United States, and the Office of

3 Management and Budget; and (2) does not reflect the pri4 orities of the Judicial Conference of the United States as

5 set out in its approved 5-year construction plan: Provided,

6 That the fiscal year 1999 request must be accompanied

7 by a standardized courtroom utilization study of each fa8 cility to be constructed, replaced, or expanded.

9 SEC. 405. None of the funds provided in this Act may

10 be used to increase the amount of occupiable square feet,

11 provide cleaning services, security enhancements, or any

12 other service usually provided through the Federal Build13 ings Fund, to any agency which does not pay the rate per

14 square foot assessment for space and services as deter15 mined by the General Services Administration in compli16 ance with the Public Buildings Amendments Act of 1972

17 (Public Law 92–313).

18 SEC. 406. Section 10 of the General Services Admin19 istration General Provisions, Public Law 100–440, is here20 by repealed.

21 SEC. 407. Funds provided to other Government agen22 cies by the Information Technology Fund, GSA, under 40

23 U.S.C. 757 and sections 5124(b) and 5128 of Public Law

24 104–106, Information Technology Management Reform

25 Act of 1996, for performance of pilot information tech-
58

S 1023 PCS

1 nology projects which have potential for Government-wide

2 benefits and savings, may be repaid to this Fund from

3 any savings actually incurred by these projects or other

4 funding, to the extent feasible.

5 SEC. 408. The Administrator of the General Services

6 is directed to ensure that the materials used for the facade

7 on the United States Courthouse Annex, Savannah, Geor8 gia project are compatible with the existing Savannah

9 Federal Building-U.S. Courthouse facade, in order to en10 sure compatibility of this new facility with the Savannah

11 historic district and to ensure that the Annex will not en12 danger the National Landmark status of the Savannah

13 historic district.

14 SEC. 409. (a) The Act approved August 25, 1958,

15 as amended (Public Law 85–745; 3 U.S.C. 102 note), is

16 amended by striking section 2.

17 (b) Section 3214 of title 39, United States Code, is

18 amended—

19 (1) in subsection (a) by striking ‘‘(a) Subject to

20 subsection (b), a’’ and inserting ‘‘A’’; and

21 (2) by striking subsection (b).

22 SEC. 410. Section 201(b) of the Federal Property

23 and Administrative Services Act of 1949 (40 U.S.C. 481)

24 as amended to read as follows:
59

S 1023 PCS

1 ‘‘(b) The Administrator shall as far as practicable

2 provide any of the services specified in subsection (a) of

3 this section to any other Federal agency, mixed ownership

4 corporation (as defined in chapter 91 of title 31, United

5 States Code), or the District of Columbia, upon its re6 quest.’’.

7 JOHN F. KENNEDY ASSASSINATION RECORDS REVIEW

8 BOARD

9 For the necessary expenses to carry out the John F.

10 Kennedy Assassination Records Collection Act of 1992,

11 $1,600,000: Provided, That $100,000 shall be available

12 only for the purposes of the prompt and orderly termi13 nation of the John F. Kennedy Assassination Records Re14 view Board, to be concluded no later than September 30,

15 1998.

16 MERIT SYSTEMS PROTECTION BOARD

17 SALARIES AND EXPENSES

18 (INCLUDING TRANSFER OF FUNDS)

19 For necessary expenses to carry out functions of the

20 Merit Systems Protection Board pursuant to Reorganiza21 tion Plan Numbered 2 of 1978 and the Civil Service Re22 form Act of 1978, including services as authorized by 5

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

24 of Columbia and elsewhere, hire of passenger motor vehi25 cles, and direct procurement of survey printing,

26 $24,810,000, together with not to exceed $2,430,000 for
60

S 1023 PCS

1 administrative expenses to adjudicate retirement appeals

2 to be transferred from the Civil Service Retirement and

3 Disability Fund in amounts determined by the Merit Sys4 tems Protection Board.

5 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

6 OPERATING EXPENSES

7 For necessary expenses in connection with the admin8 istration of the National Archives (including the Informa9 tion Security Oversight Office) and records and related ac10 tivities, as provided by law, and for expenses necessary

11 for the review and declassification of documents, and for

12 the hire of passenger motor vehicles, $206,479,000: Pro13 vided, That the Archivist of the United States is author14 ized to use any excess funds available from the amount

15 borrowed for construction of the National Archives facil16 ity, for expenses necessary to provide adequate storage for

17 holdings.

18 ARCHIVES FACILITIES AND PRESIDENTIAL LIBRARIES

19 REPAIRS AND RESTORATION

20 For the repair, alteration, and improvement of ar21 chives facilities and presidential libraries, and to provide

22 adequate storage for holdings, $13,650,000, to remain

23 available until expended, of which $4,000,000 is for re24 pairs and restoration of the Truman Library in Independ25 ence, Missouri, and of which $3,000,000 is for internal
61

S 1023 PCS

1 repairs to the Lyndon Baines Johnson Presidential Li2 brary located at the University of Texas at Austin.

3 NATIONAL HISTORICAL PUBLICATIONS AND RECORDS

4 COMMISSION

5 GRANTS PROGRAM

6 For necessary expenses for allocations and grants for

7 historical publications and records as authorized by 44

8 U.S.C. 2504, as amended, $5,000,000, to remain available

9 until expended.

10 OFFICE OF GOVERNMENT ETHICS

11 SALARIES AND EXPENSES

12 For necessary expenses to carry out functions of the

13 Office of Government Ethics pursuant to the Ethics in

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

15 598, and the Ethics Reform Act of 1989, Public Law 101–

16 194, including services as authorized by 5 U.S.C. 3109,

17 rental of conference rooms in the District of Columbia and

18 elsewhere, hire of passenger motor vehicles, and not to ex19 ceed $1,500 for official reception and representation ex20 penses; $8,265,000.

21 OFFICE OF PERSONNEL MANAGEMENT

22 SALARIES AND EXPENSES

23 (INCLUDING TRANSFER OF TRUST FUNDS)

24 For necessary expenses to carry out functions of the

25 Office of Personnel Management pursuant to Reorganiza26 tion Plan Numbered 2 of 1978 and the Civil Service Re-
62

S 1023 PCS

1 form Act of 1978, including services as authorized by 5

2 U.S.C. 3109; medical examinations performed for veterans

3 by private physicians on a fee basis; rental of conference

4 rooms in the District of Columbia and elsewhere; hire of

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

6 reception and representation expenses; advances for reim7 bursements to applicable funds of the Office of Personnel

8 Management and the Federal Bureau of Investigation for

9 expenses incurred under Executive Order 10422 of Janu10 ary 9, 1953, as amended; and payment of per diem and/

11 or subsistence allowances to employees where Voting

12 Rights Act activities require an employee to remain over13 night at his or her post of duty; $85,350,000; and in addi14 tion $91,236,000 for administrative expenses, to be trans15 ferred from the appropriate trust funds of the Office of

16 Personnel Management without regard to other statutes,

17 including direct procurement of printed materials for the

18 retirement and insurance programs: Provided, That the

19 provisions of this appropriation shall not affect the author20 ity to use applicable trust funds as provided by section

21 8348(a)(1)(B) of title 5, United States Code: Provided

22 further, That, except as may be consistent with 5 U.S.C.

23 8902a(f)(1) and (i), no payment may be made from the

24 Employees Health Benefits Fund to any physician, hos25 pital, or other provider of health care services or supplies
63

S 1023 PCS

1 who is, at the time such services or supplies are provided

2 to an individual covered under chapter 89 of title 5, Unit3 ed States Code, excluded, pursuant to section 1128 or

4 1128A of the Social Security Act (42 U.S.C. 1320a-7–

5 1320a-7a), from participation in any program under title

6 XVIII of the Social Security Act (42 U.S.C. 1395 et seq.):

7 Provided further, That no part of this appropriation shall

8 be available for salaries and expenses of the Legal Exam9 ining Unit of the Office of Personnel Management estab10 lished pursuant to Executive Order 9358 of July 1, 1943,

11 or any successor unit of like purpose: Provided further,

12 That the President’s Commission on White House Fel13 lows, established by Executive Order 11183 of October 3,

14 1964, may, during the fiscal year ending September 30,

15 1998, accept donations of money, property, and personal

16 services in connection with the development of a publicity

17 brochure to provide information about the White House

18 Fellows, except that no such donations shall be accepted

19 for travel or reimbursement of travel expenses, or for the

20 salaries of employees of such Commission.

21 OFFICE OF INSPECTOR GENERAL

22 SALARIES AND EXPENSES

23 (INCLUDING TRANSFER OF TRUST FUNDS)

24 For necessary expenses of the Office of Inspector

25 General in carrying out the provisions of the Inspector

26 General Act, as amended, including services as authorized
64

S 1023 PCS

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

2 $960,000; and in addition, not to exceed $8,645,000 for

3 administrative expenses to audit the Office of Personnel

4 Management’s retirement and insurance programs, to be

5 transferred from the appropriate trust funds of the Office

6 of Personnel Management, as determined by the Inspector

7 General: Provided, That the Inspector General is author8 ized to rent conference rooms in the District of Columbia

9 and elsewhere.

10 GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES

11 HEALTH BENEFITS

12 For payment of Government contributions with re13 spect to retired employees, as authorized by chapter 89

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

15 Employees Health Benefits Act (74 Stat. 849), as amend16 ed, such sums as may be necessary.

17 GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE

18 LIFE INSURANCE

19 For payment of Government contributions with re20 spect to employees retiring after December 31, 1989, as

21 required by chapter 87 of title 5, United States Code, such

22 sums as may be necessary.

23 PAYMENT TO CIVIL SERVICE RETIREMENT AND

24 DISABILITY FUND

25 For financing the unfunded liability of new and in26 creased annuity benefits becoming effective on or after Oc-
65

S 1023 PCS

1 tober 20, 1969, as authorized by 5 U.S.C. 8348, and an2 nuities under special Acts to be credited to the Civil Serv3 ice Retirement and Disability Fund, such sums as may

4 be necessary: Provided, That annuities authorized by the

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

6 19, 1950, as amended (33 U.S.C. 771–75), may hereafter

7 be paid out of the Civil Service Retirement and Disability

8 Fund.

9 OFFICE OF SPECIAL COUNSEL

10 SALARIES AND EXPENSES

11 For necessary expenses to carry out functions of the

12 Office of Special Counsel pursuant to Reorganization Plan

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

14 1978 (Public Law 95–454), the Whistleblower Protection

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

16 and the Uniformed Services Employment and Reemploy17 ment Act of 1994 (Public Law 103–353), including serv18 ices as authorized by 5 U.S.C. 3109, payment of fees and

19 expenses for witnesses, rental of conference rooms in the

20 District of Columbia and elsewhere, and hire of passenger

21 motor vehicles; $8,450,000.

22 UNITED STATES TAX COURT

23 SALARIES AND EXPENSES

24 For necessary expenses, including contract reporting

25 and other services as authorized by 5 U.S.C. 3109,
66

S 1023 PCS

1 $34,293,000: Provided, That travel expenses of the judges

2 shall be paid upon the written certificate of the judge.

3 TITLE V—GENERAL PROVISIONS

4 THIS ACT

5 SECTION 501. No part of any appropriation con6 tained in this Act shall remain available for obligation be7 yond the current fiscal year unless expressly so provided

8 herein.

9 SEC. 502. The expenditure of any appropriation

10 under this Act for any consulting service through procure11 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

12 to those contracts where such expenditures are a matter

13 of public record and available for public inspection, except

14 where otherwise provided under existing law, or under ex15 isting Executive order issued pursuant to existing law.

16 SEC. 503. None of the funds made available by this

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

18 salary of any Government employee where funding an ac19 tivity or paying a salary to a Government employee would

20 result in a decision, determination, rule, regulation, or pol21 icy that would prohibit the enforcement of section 307 of

22 the Tariff Act of 1930.

23 SEC. 504. None of the funds made available by this

24 Act shall be available in fiscal year 1998, for the purpose

25 of transferring control over the Federal Law Enforcement
67

S 1023 PCS

1 Training Center located at Glynco, Georgia, and Artesia,

2 New Mexico, out of the Treasury Department.

3 SEC. 505. No part of any appropriation contained in

4 this Act shall be used for publicity or propaganda purposes

5 within the United States not heretofore authorized by the

6 Congress.

7 SEC. 506. No part of any appropriation contained in

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

9 of any officer or employee of the United States Postal

10 Service, who—

11 (1) prohibits or prevents, or attempts or threat12 ens to prohibit or prevent, any other officer or em13 ployee of the United States Postal Service from hav14 ing any direct oral or written communication or con15 tact with any Member, committee, or subcommittee

16 of the Congress in connection with any matter per17 taining to the employment of such other officer or

18 employee or pertaining to the United States Postal

19 Service of such other officer or employee in any way,

20 irrespective of whether such communication or con21 tact is at the initiative of such other officer or em22 ployee or in response to the request or inquiry of

23 such Member, committee, or subcommittee; or

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

25 demotes, reduces in rank, seniority, status, pay, or
68

S 1023 PCS

1 performance of efficiency rating, denies promotion

2 to, relocates, reassigns, transfers, disciplines, or dis3 criminates in regard to any employment right, enti4 tlement, or benefit, or any term or condition of em5 ployment of, any other officer or employee of the

6 United States Postal Service, or attempts or threat7 ens to commit any of the foregoing actions with re8 spect to such other officer or employee, by reason of

9 any communication or contact of such other officer

10 or employee with any Member, committee, or sub11 committee of the Congress as described in paragraph

12 (1).

13 SEC. 507. The Office of Personnel Management may,

14 during the fiscal year ending September 30, 1998, and

15 hereafter, accept donations of supplies, services, land, and

16 equipment for the Federal Executive Institute and Man17 agement Development Centers to assist in enhancing the

18 quality of Federal management.

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

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

21 filling a position, other than a temporary position, for22 merly held by an employee who has left to enter the Armed

23 Forces of the United States and has satisfactorily com24 pleted his period of active military or naval service and

25 has within 90 days after his release from such service or
69

S 1023 PCS

1 from hospitalization continuing after discharge for a pe2 riod of not more than 1 year made application for restora3 tion to his former position and has been certified by the

4 Office of Personnel Management as still qualified to per5 form the duties of his former position and has not been

6 restored thereto.

7 SEC. 509. No funds appropriated pursuant to this

8 Act may be expended by an entity unless the entity agrees

9 that in expending the assistance the entity will comply

10 with sections 2 through 4 of the Act of March 3, 1933

11 (41 U.S.C. 10a–10c, popularly known as the ‘‘Buy Amer12 ican Act’’).

13 SEC. 510. (a) PURCHASE OF AMERICAN-MADE

14 EQUIPMENT AND PRODUCTS.—In the case of any equip15 ment or products that may be authorized to be purchased

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

17 sense of the Congress that entities receiving such assist18 ance should, in expending the assistance, purchase only

19 American-made equipment and products.

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

21 providing financial assistance under this Act, the Sec22 retary of the Treasury shall provide to each recipient of

23 the assistance a notice describing the statement made in

24 subsection (a) by the Congress.
70

S 1023 PCS

1 SEC. 511. If it has been finally determined by a court

2 or Federal agency that any person intentionally affixed a

3 label bearing a ‘‘Made in America’’ inscription, or any in4 scription with the same meaning, to any product sold in

5 or shipped to the United States that is not made in the

6 United States, such person shall be ineligible to receive

7 any contract or subcontract made with funds provided

8 pursuant to this Act, pursuant to the debarment, suspen9 sion, and ineligibility procedures described in sections

10 9.400 through 9.409 of title 48, Code of Federal Regula11 tions.

12 SEC. 512. Except as otherwise specifically provided

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

14 remaining available at the end of fiscal year 1998 from

15 appropriations made available for salaries and expenses

16 for fiscal year 1998 in this Act, shall remain available

17 through September 30, 1999, for each such account for

18 the purposes authorized: Provided, That a request shall

19 be submitted to the House and Senate Committees on Ap20 propriations for approval prior to the expenditure of such

21 funds: Provided further, That these requests shall be made

22 in compliance with the reprogramming guidelines con23 tained in the House and Senate reports accompanying this

24 Act.
71

S 1023 PCS

1 SEC. 513. None of the funds made available in this

2 Act may be used by the Executive Office of the President

3 to request from the Federal Bureau of Investigation any

4 official background investigation report on any individual,

5 except when it is made known to the Federal official hav6 ing authority to obligate or expend such funds that—

7 (1) such individual has given his or her express

8 written consent for such request not more than 6

9 months prior to the date of such request and during

10 the same presidential administration; or

11 (2) such request is required due to extraor12 dinary circumstances involving national security.

13 SEC. 514. Notwithstanding any other provision of

14 law, no part of any appropriation contained in this Act

15 for any fiscal year shall be available for paying Sunday

16 premium or night differential pay to any employee unless

17 such employee actually performed work during the time

18 corresponding to such premium or differential pay.

19 SEC. 515. Section 1 under the subheading ‘‘General

20 Provision’’ under the heading ‘‘Office of Personnel Man21 agement’’ under title IV of the Treasury, Postal Service

22 and General Government Appropriations Act, 1992 (Pub23 lic Law 102–141; 105 Stat. 861; 5 U.S.C. 5941 note),

24 as amended by section 532 of the Treasury, Postal Service

25 and General Government Appropriations Act, 1995 (Pub-
72

S 1023 PCS

1 lic Law 103–329; 108 Stat. 2413), and by section 5 under

2 the heading ‘‘General Provisions—Office of Personnel

3 Management’’ under title IV of the Treasury, Postal Serv4 ice, and General Government Appropriations Act, 1996

5 (Public Law 104–52; 109 Stat. 490), is further amended

6 by striking ‘‘1998’’ both places it appears and inserting

7 ‘‘2000’’.

8 SEC. 516. Notwithstanding any provision of chapter

9 89 of title 5, United States Code, the Office of Personnel

10 Management shall enter into a contract with the National

11 Association of Postmasters of the United States (hereafter

12 referred to as the ‘‘Association’’) under section 8902 of

13 such title, if—

14 (1) the Association fulfills all terms and condi15 tions (not related to such withdrawal from participa16 tion) of a qualified carrier under such chapter;

17 (2) the plan offered by the Association fulfills

18 all terms and conditions (not related to such with19 drawal from participation) of an approved health

20 benefits plan;

21 (3) prior to May 31, 1998, the Association sub22 mits a plan to the Office of Personnel Management

23 for approval as an approved health benefits plan;

24 and
73

S 1023 PCS

1 (4) the Association enters into an agreement

2 with an underwriting subcontractor licensed to issue

3 group health insurance.

4 TITLE VI—GENERAL PROVISIONS

5 DEPARTMENTS, AGENCIES, AND CORPORATIONS

6 SECTION 601. Funds appropriated in this or any

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

8 for the immediate family of employees serving abroad in

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

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

11 of the United States receiving appropriated funds under

12 this or any other Act for fiscal year 1998 shall obligate

13 or expend any such funds, unless such department, agen14 cy, or instrumentality has in place, and will continue to

15 administer in good faith, a written policy designed to en16 sure that all of its workplaces are free from the illegal

17 use, possession, or distribution of controlled substances

18 (as defined in the Controlled Substances Act) by the offi19 cers and employees of such department, agency, or instru20 mentality.

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

22 agency, department, or instrumentality of the United

23 States which provides or proposes to provide child care

24 services for Federal employees may reimburse any Federal

25 employee or any person employed to provide such services
74

S 1023 PCS

1 for travel, transportation, and subsistence expenses in2 curred for training classes, conferences, or other meetings

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

4 That any per diem allowance made pursuant to this sec5 tion shall not exceed the rate specified in regulations pre6 scribed pursuant to section 5707 of title 5, United States

7 Code.

8 SEC. 604. Unless otherwise specifically provided, the

9 maximum amount allowable during the current fiscal year

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

11 (60 Stat. 810), for the purchase of any passenger motor

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

13 and undercover surveillance vehicles), is hereby fixed at

14 $8,100 except station wagons for which the maximum

15 shall be $9,100: Provided, That these limits may be ex16 ceeded by not to exceed $3,700 for police-type vehicles,

17 and by not to exceed $4,000 for special heavy-duty vehi18 cles: Provided further, That the limits set forth in this sec19 tion may not be exceeded by more than 5 percent for elec20 tric or hybrid vehicles purchased for demonstration under

21 the provisions of the Electric and Hybrid Vehicle Re22 search, Development, and Demonstration Act of 1976:

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

24 may be exceeded by the incremental cost of clean alter25 native fuels vehicles acquired pursuant to Public Law
75

S 1023 PCS

1 101–549 over the cost of comparable conventionally fueled

2 vehicles.

3 SEC. 605. Appropriations of the executive depart4 ments and independent establishments for the current fis5 cal year available for expenses of travel, or for the ex6 penses of the activity concerned, are hereby made available

7 for quarters allowances and cost-of-living allowances, in

8 accordance with 5 U.S.C. 5922–24.

9 SEC. 606. Unless otherwise specified during the cur10 rent fiscal year, no part of any appropriation contained

11 in this or any other Act shall be used to pay the compensa12 tion of any officer or employee of the Government of the

13 United States (including any agency the majority of the

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

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

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

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

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

19 for citizenship, has filed a declaration of intention to be20 come a citizen of the United States prior to such date and

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

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

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

24 former Soviet Union, or the Baltic countries lawfully ad25 mitted to the United States for permanent residence, (5)
76

S 1023 PCS

1 is a South Vietnamese, Cambodian, or Laotian refugee pa2 roled in the United States after January 1, 1975, or (6)

3 is a national of the People’s Republic of China who quali4 fies for adjustment of status pursuant to the Chinese Stu5 dent Protection Act of 1992: Provided, That for the pur6 pose of this section, an affidavit signed by any such person

7 shall be considered prima facie evidence that the require8 ments of this section with respect to his or her status have

9 been complied with: Provided further, That any person

10 making a false affidavit shall be guilty of a felony, and,

11 upon conviction, shall be fined no more than $4,000 or

12 imprisoned for not more than 1 year, or both: Provided

13 further, That the above penal clause shall be in addition

14 to, and not in substitution for, any other provisions of ex15 isting law: Provided further, That any payment made to

16 any officer or employee contrary to the provisions of this

17 section shall be recoverable in action by the Federal Gov18 ernment. This section shall not apply to citizens of Ire19 land, Israel, or the Republic of the Philippines, or to na20 tionals of those countries allied with the United States in

21 a current defense effort, or to international broadcasters

22 employed by the United States Information Agency, or to

23 temporary employment of translators, or to temporary em24 ployment in the field service (not to exceed 60 days) as

25 a result of emergencies.
77

S 1023 PCS

1 SEC. 607. Appropriations available to any depart2 ment or agency during the current fiscal year for nec3 essary expenses, including maintenance or operating ex4 penses, shall also be available for payment to the General

5 Services Administration for charges for space and services

6 and those expenses of renovation and alteration of build7 ings and facilities which constitute public improvements

8 performed in accordance with the Public Buildings Act of

9 1959 (73 Stat. 749), the Public Buildings Amendments

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

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

12 any other Act, all Federal agencies are authorized to re13 ceive and use funds resulting from the sale of materials,

14 including Federal records disposed of pursuant to a

15 records schedule recovered through recycling or waste pre16 vention programs. Such funds shall be available until ex17 pended for the following purposes:

18 (1) Acquisition, waste reduction and prevention,

19 and recycling programs as described in Executive

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

21 programs adopted prior to the effective date of the

22 Executive Order.

23 (2) Other Federal agency environmental man24 agement programs, including, but not limited to, the
78

S 1023 PCS

1 development and implementation of hazardous waste

2 management and pollution prevention programs.

3 (3) Other employee programs as authorized by

4 law or as deemed appropriate by the head of the

5 Federal agency.

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

7 Act for administrative expenses in the current fiscal year

8 of the corporations and agencies subject to chapter 91 of

9 title 31, United States Code, shall be available, in addition

10 to objects for which such funds are otherwise available,

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

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

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

14 expenditure of such funds unless otherwise specified in the

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

16 the event any functions budgeted as administrative ex17 penses are subsequently transferred to or paid from other

18 funds, the limitations on administrative expenses shall be

19 correspondingly reduced.

20 SEC. 610. No part of any appropriation for the cur21 rent fiscal year contained in this or any other Act shall

22 be paid to any person for the filling of any position for

23 which he or she has been nominated after the Senate has

24 voted not to approve the nomination of said person.
79

S 1023 PCS

1 SEC. 611. No part of any appropriation contained in

2 this or any other Act shall be available for interagency

3 financing of boards (except Federal Executive Boards),

4 commissions, councils, committees, or similar groups

5 (whether or not they are interagency entities) which do

6 not have a prior and specific statutory approval to receive

7 financial support from more than one agency or instru8 mentality.

9 SEC. 612. Funds made available by this or any other

10 Act to the Postal Service Fund (39 U.S.C. 2003) shall

11 be available for employment of guards for all buildings and

12 areas owned or occupied by the Postal Service and under

13 the charge and control of the Postal Service, and such

14 guards shall have, with respect to such property, the pow15 ers of special policemen provided by the first section of

16 the Act of June 1, 1948, as amended (62 Stat. 281; 40

17 U.S.C. 318), and, as to property owned or occupied by

18 the Postal Service, the Postmaster General may take the

19 same actions as the Administrator of General Services

20 may take under the provisions of sections 2 and 3 of the

21 Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C.

22 318a, 318b), attaching thereto penal consequences under

23 the authority and within the limits provided in section 4

24 of the Act of June 1, 1948, as amended (62 Stat. 281;

25 40 U.S.C. 318c).
80

S 1023 PCS

1 SEC. 613. None of the funds made available pursuant

2 to the provisions of this Act shall be used to implement,

3 administer, or enforce any regulation which has been dis4 approved pursuant to a resolution of disapproval duly

5 adopted in accordance with the applicable law of the Unit6 ed States.

7 SEC. 614. (a) Notwithstanding any other provision

8 of law, and except as otherwise provided in this section,

9 no part of any of the funds appropriated for the fiscal

10 year ending on September 30, 1998, by this or any other

11 Act, may be used to pay any prevailing rate employee de12 scribed in section 5342(a)(2)(A) of title 5, United States

13 Code—

14 (1) during the period from the date of expira15 tion of the limitation imposed by section 616 of the

16 Treasury, Postal Service and General Government

17 Appropriations Act, 1997, until the normal effective

18 date of the applicable wage survey adjustment that

19 is to take effect in fiscal year 1998, in an amount

20 that exceeds the rate payable for the applicable

21 grade and step of the applicable wage schedule in

22 accordance with such section 616; and

23 (2) during the period consisting of the remain24 der of fiscal year 1998, in an amount that exceeds,

25 as a result of a wage survey adjustment, the rate
81

S 1023 PCS

1 payable under paragraph (1) by more than the sum

2 of—

3 (A) the percentage adjustment taking ef4 fect in fiscal year 1998 under section 5303 of

5 title 5, United States Code, in the rates of pay

6 under the General Schedule; and

7 (B) the difference between the overall aver8 age percentage of the locality-based comparabil9 ity payments taking effect in fiscal year 1998

10 under section 5304 of such title (whether by

11 adjustment or otherwise), and the overall aver12 age percentage of such payments which was ef13 fective in fiscal year 1997 under such section.

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

15 prevailing rate employee described in subparagraph (B) or

16 (C) of section 5342(a)(2) of title 5, United States Code,

17 and no employee covered by section 5348 of such title,

18 may be paid during the periods for which subsection (a)

19 is in effect at a rate that exceeds the rates that would

20 be payable under subsection (a) were subsection (a) appli21 cable to such employee.

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

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

24 is paid from a schedule not in existence on September 30,
82

S 1023 PCS

1 1997, shall be determined under regulations prescribed by

2 the Office of Personnel Management.

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

4 of premium pay for employees subject to this section may

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

6 1997, except to the extent determined by the Office of

7 Personnel Management to be consistent with the purpose

8 of this section.

9 (e) This section shall apply with respect to pay for

10 service performed after September 30, 1997.

11 (f) For the purpose of administering any provision

12 of law (including section 8431 of title 5, United States

13 Code, and any rule or regulation that provides premium

14 pay, retirement, life insurance, or any other employee ben15 efit) that requires any deduction or contribution, or that

16 imposes any requirement or limitation on the basis of a

17 rate of salary or basic pay, the rate of salary or basic pay

18 payable after the application of this section shall be treat19 ed as the rate of salary or basic pay.

20 (g) Nothing in this section shall be considered to per21 mit or require the payment to any employee covered by

22 this section at a rate in excess of the rate that would be

23 payable were this section not in effect.

24 (h) The Office of Personnel Management may provide

25 for exceptions to the limitations imposed by this section
83

S 1023 PCS

1 if the Office determines that such exceptions are necessary

2 to ensure the recruitment or retention of qualified employ3 ees.

4 SEC. 615. During the period in which the head of

5 any department or agency, or any other officer or civilian

6 employee of the Government appointed by the President

7 of the United States, holds office, no funds may be obli8 gated or expended in excess of $5,000 to furnish or re9 decorate the office of such department head, agency head,

10 officer, or employee, or to purchase furniture or make im11 provements for any such office, unless advance notice of

12 such furnishing or redecoration is expressly approved by

13 the Committees on Appropriations of the House and Sen14 ate. For the purposes of this section, the word ‘‘office’’

15 shall include the entire suite of offices assigned to the indi16 vidual, as well as any other space used primarily by the

17 individual or the use of which is directly controlled by the

18 individual.

19 SEC. 616. Notwithstanding any other provision of

20 law, no executive branch agency shall purchase, construct,

21 and/or lease any additional facilities, except within or con22 tiguous to existing locations, to be used for the purpose

23 of conducting Federal law enforcement training without

24 the advance approval of the House and Senate Committees

25 on Appropriations.
84

S 1023 PCS

1 SEC. 617. Notwithstanding section 1346 of title 31,

2 United States Code, or section 611 of this Act, funds

3 made available for fiscal year 1998 by this or any other

4 Act shall be available for the interagency funding of na5 tional security and emergency preparedness telecommuni6 cations initiatives which benefit multiple Federal depart7 ments, agencies, or entities, as provided by Executive

8 Order Numbered 12472 (April 3, 1984).

9 SEC. 618. (a) None of the funds appropriated by this

10 or any other Act may be obligated or expended by any

11 Federal department, agency, or other instrumentality for

12 the salaries or expenses of any employee appointed to a

13 position of a confidential or policy-determining character

14 excepted from the competitive service pursuant to section

15 3302 of title 5, United States Code, without a certification

16 to the Office of Personnel Management from the head of

17 the Federal department, agency, or other instrumentality

18 employing the Schedule C appointee that the Schedule C

19 position was not created solely or primarily in order to

20 detail the employee to the White House.

21 (b) The provisions of this section shall not apply to

22 Federal employees or members of the armed services de23 tailed to or from—

24 (1) the Central Intelligence Agency;

25 (2) the National Security Agency;
85

S 1023 PCS

1 (3) the Defense Intelligence Agency;

2 (4) the offices within the Department of De3 fense for the collection of specialized national foreign

4 intelligence through reconnaissance programs;

5 (5) the Bureau of Intelligence and Research of

6 the Department of State;

7 (6) any agency, office, or unit of the Army,

8 Navy, Air Force, and Marine Corps, the Federal Bu9 reau of Investigation and the Drug Enforcement Ad10 ministration of the Department of Justice, the De11 partment of Transportation, the Department of the

12 Treasury, and the Department of Energy perform13 ing intelligence functions; and

14 (7) the Director of Central Intelligence.

15 SEC. 619. No department, agency, or instrumentality

16 of the United States receiving appropriated funds under

17 this or any other Act for fiscal year 1998 shall obligate

18 or expend any such funds, unless such department, agen19 cy, or instrumentality has in place, and will continue to

20 administer in good faith, a written policy designed to en21 sure that all of its workplaces are free from discrimination

22 and sexual harassment and that all of its workplaces are

23 not in violation of title VII of the Civil Rights Act of 1964,

24 as amended, the Age Discrimination in Employment Act

25 of 1967, and the Rehabilitation Act of 1973.
86

S 1023 PCS

1 SEC. 620. No part of any appropriation contained in

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

3 of employees, including employees of the Executive Office

4 of the President, not directly responsible for the discharge

5 of official governmental tasks and duties: Provided, That

6 this restriction shall not apply to the family of the Presi7 dent, Members of Congress or their spouses, Heads of

8 State of a foreign country or their designees, persons pro9 viding assistance to the President for official purposes, or

10 other individuals so designated by the President.

11 SEC. 621. Notwithstanding any provision of law, the

12 President, or his designee, must certify to Congress, annu13 ally, that no person or persons with direct or indirect re14 sponsibility for administering the Executive Office of the

15 President’s Drug-Free Workplace Plan are themselves

16 subject to a program of individual random drug testing.

17 SEC. 622. (a) None of the funds made available in

18 this Act or any other Act may be obligated or expended

19 for any employee training when it is made known to the

20 Federal official having authority to obligate or expend

21 such funds that such employee training—

22 (1) does not meet identified needs for knowl23 edge, skills, and abilities bearing directly upon the

24 performance of official duties;
87

S 1023 PCS

1 (2) contains elements likely to induce high lev2 els of emotional response or psychological stress in

3 some participants;

4 (3) does not require prior employee notification

5 of the content and methods to be used in the train6 ing and written end of course evaluation;

7 (4) contains any methods or content associated

8 with religious or quasi-religious belief systems or

9 ‘‘new age’’ belief systems as defined in Equal Em10 ployment Opportunity Commission Notice N–

11 915.022, dated September 2, 1988;

12 (5) is offensive to, or designed to change, par13 ticipants’ personal values or lifestyle outside the

14 workplace; or

15 (6) includes content related to human

16 immunodeficiency virus/acquired immune deficiency

17 syndrome (HIV/AIDS) other than that necessary to

18 make employees more aware of the medical ramifica19 tions of HIV/AIDS and the workplace rights of

20 HIV-positive employees.

21 (b) Nothing in this section shall prohibit, restrict, or

22 otherwise preclude an agency from conducting training

23 bearing directly upon the performance of official duties.

24 SEC. 623. No funds appropriated in this or any other

25 Act for fiscal year 1998 may be used to implement or en-
88

S 1023 PCS

1 force the agreements in Standard Forms 312 and 4355

2 of the Government or any other nondisclosure policy,

3 form, or agreement if such policy, form, or agreement does

4 not contain the following provisions: ‘‘These restrictions

5 are consistent with and do not supersede, conflict with,

6 or otherwise alter the employee obligations, rights, or li7 abilities created by Executive Order 12356; section 7211

8 of title 5, United States Code (governing disclosures to

9 Congress); section 1034 of title 10, United States Code,

10 as amended by the Military Whistleblower Protection Act

11 (governing disclosure to Congress by members of the mili12 tary); section 2302(b)(8) of title 5, United States Code,

13 as amended by the Whistleblower Protection Act (govern14 ing disclosures of illegality, waste, fraud, abuse or public

15 health or safety threats); the Intelligence Identities Pro16 tection Act of 1982 (50 U.S.C. 421 et seq.) (governing

17 disclosures that could expose confidential Government

18 agents); and the statutes which protect against disclosure

19 that may compromise the national security, including sec20 tions 641, 793, 794, 798, and 952 of title 18, United

21 States Code, and section 4(b) of the Subversive Activities

22 Act of 1950 (50 U.S.C. section 783(b)). The definitions,

23 requirements, obligations, rights, sanctions, and liabilities

24 created by said Executive Order and listed statutes are

25 incorporated into this agreement and are controlling.’’:
89

S 1023 PCS

1 Provided, That notwithstanding the preceding paragraph,

2 a nondisclosure policy form or agreement that is to be exe3 cuted by a person connected with the conduct of an intel4 ligence or intelligence-related activity, other than an em5 ployee or officer of the United States Government, may

6 contain provisions appropriate to the particular activity

7 for which such document is to be used. Such form or

8 agreement shall, at a minimum, require that the person

9 will not disclose any classified information received in the

10 course of such activity unless specifically authorized to do

11 so by the United States Government. Such nondisclosure

12 forms shall also make it clear that they do not bar disclo13 sures to Congress or to an authorized official of an execu14 tive agency or the Department of Justice that are essential

15 to reporting a substantial violation of law.

16 SEC. 624. No part of any funds appropriated in this

17 or any other Act shall be used by an agency of the execu18 tive branch, other than for normal and recognized execu19 tive-legislative relationships, for publicity or propaganda

20 purposes, and for the preparation, distribution or use of

21 any kit, pamphlet, booklet, publication, radio, television or

22 film presentation designed to support or defeat legislation

23 pending before the Congress, except in presentation to the

24 Congress itself.
90

S 1023 PCS

1 SEC. 625. (a) IN GENERAL.—No later than Septem2 ber 30, 1998, the Director of the Office of Management

3 and Budget shall submit to the Congress a report that

4 provides—

5 (1) estimates of the total annual costs and ben6 efits of Federal regulatory programs, including

7 quantitative and nonquantitative measures of regu8 latory costs and benefits;

9 (2) estimates of the costs and benefits (includ10 ing quantitative and nonquantitative measures) of

11 each rule that is likely to have a gross annual effect

12 on the economy of $100,000,000 or more in in13 creased costs;

14 (3) an assessment of the direct and indirect im15 pacts of Federal rules on the private sector, State

16 and local government, and the Federal Government;

17 and

18 (4) recommendations from the Director and a

19 description of significant public comments to reform

20 or eliminate any Federal regulatory program or pro21 gram element that is inefficient, ineffective, or is not

22 a sound use of the Nation’s resources.

23 (b) NOTICE.—The Director shall provide public no24 tice and an opportunity to comment on the report under

25 subsection (a) before the report is issued in final form.
91

S 1023 PCS

1 SEC. 626. None of the funds appropriated by this Act

2 or any other Act, may be used by an agency to provide

3 a Federal employee’s home address to any labor organiza4 tion except when it is made known to the Federal official

5 having authority to obligate or expend such funds that the

6 employee has authorized such disclosure or that such dis7 closure has been ordered by a court of competent jurisdic8 tion.

9 SEC. 627. None of the funds made available in this

10 Act or any other Act may be used to provide any non11 public information such as mailing or telephone lists to

12 any person or any organization outside of the Federal

13 Government without the approval of the House and Senate

14 Committees on Appropriations.

15 SEC. 628. No part of any appropriation contained in

16 this or any other Act shall be used for publicity or propa17 ganda purposes within the United States not heretofore

18 authorized by the Congress.

19 SEC. 629. None of the funds appropriated in this or

20 any other Act shall be used to acquire information tech21 nologies which do not comply with part 39.106 (Year 2000

22 compliance) of the Federal Acquisition Regulation, unless

23 an agency’s Chief Information Officer determines that

24 non-compliance with part 39.106 is necessary to the func25 tion and operation of the requesting agency or the acquisi-
92

S 1023 PCS

1 tion is required by a signed contract with the agency in

2 effect before the date of enactment of this Act. Any waiver

3 granted by the Chief Information Officer shall be reported

4 to the Office of Management and Budget, and copies shall

5 be provided to Congress.

6 SEC. 630. No funds appropriated in this Act or any

7 other Act hereinafter enacted may be used for the sole

8 source procurement of energy conservation measures (as

9 defined in section 551(4) of title I of the National Energy

10 Conservation Policy Act (42 U.S.C. 8259(4))) for use in

11 Federal buildings pursuant to part 3 of title V (42 U.S.C.

12 8251 et seq.) and title VIII (42 U.S.C. 8287 et seq.) of

13 the National Energy Conservation Policy Act, section

14 201(a) of the Federal Property and Administrative Serv15 ices Act (40 U.S.C. 481(a)), or section 2801(a) of Public

16 Law 102–484 (10 U.S.C. 2865(d)).

17 SEC. 631. Section 5118(d)(2) of title 31, United

18 States Code, is amended by striking ‘‘This paragraph

19 shall’’ and all that follows through the end of the para20 graph.

21 SEC. 632. The Director of the Office of Management

22 and Budget shall create and implement no later than Oc23 tober 1, 1997 a budget object classification which shall

24 record obligations for the expenses of employee relocation.

25 All obligations incident to an employee’s relocation author-
93

S 1023 PCS

1 ized under either chapter 57 of title 5, United States

2 Code, or section 901, title I, Public Law 96–465, as

3 amended, shall be classified to such object classification.

4 This Act may be cited as the ‘‘Treasury and General

5 Government Appropriations Act, 1998’’.