IIA

104TH CONGRESS

2D SESSION H. R. 3756

IN THE SENATE OF THE UNITED STATES

JULY 18, 1996

Received; read twice and referred to the Committee on Appropriations

AN ACT

Making appropriations for the Treasury Department, the

United States Postal Service, the Executive Office of

the President, and certain Independent Agencies, for the

fiscal year ending September 30, 1997, and for other

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

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 Treasury Department, the United States Postal Service,

6 the Executive Office of the President, and certain Inde7 pendent Agencies, for the fiscal year ending September 30,

8 1997, and for other purposes, namely:

9 TITLE I—DEPARTMENT OF THE TREASURY

10 DEPARTMENTAL OFFICES

11 SALARIES AND EXPENSES

12 For necessary expenses of the Departmental Offices

13 including operation and maintenance of the Treasury

14 Building and Annex; hire of passenger motor vehicles;

15 maintenance, repairs, and improvements of, and purchase

16 of commercial insurance policies for, real properties leased

17 or owned overseas, when necessary for the performance

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

19 travel expenses; not to exceed $150,000 for official recep20 tion and representation expenses; not to exceed $258,000

21 for unforeseen emergencies of a confidential nature, to be

22 allocated and expended under the direction of the Sec23 retary of the Treasury and to be accounted for solely on

24 his certificate; $108,447,000: Provided, That up to
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1 $500,000 shall be made available to implement section

2 528 of this Act.

3 AUTOMATION ENHANCEMENT

4 INCLUDING TRANSFER OF FUNDS

5 For the development and acquisition of automatic

6 data processing equipment, software, and services for the

7 Department of the Treasury, $27,100,000, of which

8 $15,000,000 shall be available to the United States Cus9 toms Service for the Automated Commercial Environment

10 project, and of which $5,600,000 shall be available to the

11 United States Customs Service for the International

12 Trade Data System: Provided, That these funds shall re13 main available until September 30, 1999: Provided further,

14 That these funds shall be transferred to accounts and in

15 amounts as necessary to satisfy the requirements of the

16 Department’s offices, bureaus, and other organizations:

17 Provided further, That this transfer authority shall be in

18 addition to any other transfer authority provided in this

19 Act: Provided further, That none of the funds shall be used

20 to support or supplement Internal Revenue Service appro21 priations for Information Systems and Tax Systems Mod22 ernization: Provided further, That none of the funds avail23 able for the Automated Commercial Environment or the

24 International Trade Data System may be obligated with-
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1 out the advance approval of the House and Senate Com2 mittees on Appropriations.

3 OFFICE OF INSPECTOR GENERAL

4 SALARIES AND EXPENSES

5 For necessary expenses of the Office of Inspector

6 General in carrying out the provisions of the Inspector

7 General Act of 1978, as amended, not to exceed

8 $2,000,000 for official travel expenses; including hire of

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

10 unforeseen emergencies of a confidential nature, to be allo11 cated and expended under the direction of the Inspector

12 General of the Treasury; $29,319,000.

13 OFFICE OF PROFESSIONAL RESPONSIBILITY

14 SALARIES AND EXPENSES

15 INCLUDING TRANSFER OF FUNDS

16 For necessary expenses of the Office of Professional

17 Responsibility, including purchase and hire of passenger

18 motor vehicles, up to $3,000,000, to be derived through

19 transfer from the United States Customs Service, salaries

20 and expenses appropriation: Provided, That none of the

21 funds shall be obligated without the advance approval of

22 the House and Senate Committees on Appropriations.
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1 TREASURY BUILDINGS AND ANNEX REPAIR AND

2 RESTORATION

3 INCLUDING TRANSFER OF FUNDS

4 For the repair, alteration, and improvement of the

5 Treasury Building and Annex, the Bureau of Alcohol, To6 bacco and Firearms National Laboratory Center and the

7 Fire Investigation Research and Development Center, and

8 the Rowley Secret Service Training Center, $22,892,000,

9 to remain available until expended: Provided, That funds

10 for the Bureau of Alcohol, Tobacco and Firearms National

11 Laboratory Center and the Fire Investigation Research

12 and Development Center and the Rowley Secret Service

13 Training Center shall not be available until a prospectus

14 authorizing such facilities is approved by the House Com15 mittee on Transportation and Infrastructure: Provided

16 further, That funds previously made available under this

17 title for the Secret Service Headquarter’s building shall

18 be transferred to the Secret Service Acquisition, Construc19 tion, Improvement and Related Expenses appropriation.

20 FINANCIAL CRIMES ENFORCEMENT NETWORK

21 SALARIES AND EXPENSES

22 For necessary expenses of the Financial Crimes En23 forcement Network, including hire of passenger motor ve24 hicles; travel expenses of non-Federal law enforcement

25 personnel to attend meetings concerned with financial in-
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1 telligence activities, law enforcement, and financial regula2 tion; not to exceed $14,000 for official reception and rep3 resentation expenses; and for assistance to Federal law en4 forcement agencies, with or without reimbursement;

5 $22,387,000: Provided, That notwithstanding any other

6 provision of law, the Director of the Financial Crimes En7 forcement Network may procure up to $500,000 in spe8 cialized, unique, or novel automatic data processing equip9 ment, ancillary equipment, software, services, and related

10 resources from commercial vendors without regard to oth11 erwise applicable procurement laws and regulations and

12 without full and open competition, utilizing procedures

13 best suited under the circumstances of the procurement

14 to efficiently fulfill the agency’s requirements: Provided

15 further, That funds appropriated in this account may be

16 used to procure personal services contracts.

17 DEPARTMENT OF THE TREASURY FORFEITURE FUND

18 For necessary expenses of the Treasury Forfeiture

19 Fund, notwithstanding any other provision of law, not to

20 exceed $7,500,000 shall be made available for the develop21 ment of a Federal wireless communication system, to be

22 derived from deposits in the Fund: Provided, That the

23 Secretary of the Treasury is authorized to receive all un24 available collections transferred from the Special Forfeit25 ure Fund established by section 6073 of the Anti-Drug
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1 Abuse Act of 1988 (21 U.S.C. 1509) by the Director of

2 the Office of Drug Control Policy as a deposit into the

3 Treasury Forfeiture Fund (31 U.S.C. 9703(a)).

4 VIOLENT CRIME REDUCTION PROGRAMS

5 INCLUDING TRANSFER OF FUNDS

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

7 remain available until expended, which shall be derived

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

9 (a) As authorized by section 190001(e), $89,800,000,

10 of which $15,005,000 shall be available to the United

11 States Customs Service; of which $47,624,000 shall be

12 available to the Bureau of Alcohol, Tobacco and Firearms,

13 of which $2,500,000 shall be available for administering

14 the Gang Resistance Education and Training program, of

15 which $3,662,000 shall be available for ballistics tech16 nologies, and of which $41,462,000 shall be available to

17 enhance training and purchase equipment and services; of

18 which $5,971,000 shall be available to the Secretary as

19 authorized by section 732 of Public Law 104–132; of

20 which $1,000,000 shall be available to the Financial

21 Crimes Enforcement Network; of which $20,200,000 shall

22 be available to the United States Secret Service, of which

23 no less than $1,000,000 shall be available for a grant for

24 activities related to the investigations of missing and ex25 ploited children.
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1 (b) As authorized by section 32401, $7,200,000, for

2 disbursement through grants, cooperative agreements or

3 contracts, to local governments for Gang Resistance Edu4 cation and Training: Provided, That notwithstanding sec5 tions 32401 and 310001, such funds shall be allocated

6 only to the affected State and local law enforcement and

7 prevention organizations participating in such projects.

8 TREASURY FRANCHISE FUND

9 There is hereby established in the Treasury a fran10 chise fund pilot, as authorized by section 403 of Public

11 Law 103–356, to be available as provided in such section

12 for expenses and equipment necessary for the maintenance

13 and operation of such financial and administrative support

14 services as the Secretary determines may be performed

15 more advantageously as central services: Provided, That

16 any inventories, equipment, and other assets pertaining to

17 the services to be provided by such fund, either on hand

18 or on order, less the related liabilities or unpaid obliga19 tions, and any appropriations made for the purpose of pro20 viding capital, shall be used to capitalize such fund: Pro21 vided further, That such fund shall be reimbursed or cred22 ited with the payments, including advanced payments,

23 from applicable appropriations and funds available to the

24 Department and other Federal agencies for which such ad25 ministrative and financial services are performed, at rates
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1 which will recover all expenses of operation, including ac2 crued leave, depreciation of fund plant and equipment,

3 amortization of Automatic Data Processing (ADP) soft4 ware and systems, and an amount necessary to maintain

5 a reasonable operating reserve, as determined by the Sec6 retary: Provided further, That such fund shall provide

7 services on a competitive basis: Provided further, That an

8 amount not to exceed 4 percent of the total annual income

9 to such fund may be retained in the fund for fiscal year

10 1997 and each fiscal year thereafter, to remain available

11 until expended, to be used for the acquisition of capital

12 equipment and for the improvement and implementation

13 of Treasury financial management, ADP, and other sup14 port systems: Provided further, That no later than 30 days

15 after the end of each fiscal year, amounts in excess of this

16 reserve limitation shall be deposited as miscellaneous re17 ceipts in the Treasury: Provided further, That such fran18 chise fund pilot shall terminate pursuant to section 403(f)

19 of Public Law 103–356.

20 FEDERAL LAW ENFORCEMENT TRAINING CENTER

21 SALARIES AND EXPENSES

22 For necessary expenses of the Federal Law Enforce23 ment Training Center, as a bureau of the Department of

24 the Treasury, including materials and support costs of

25 Federal law enforcement basic training; purchase (not to
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1 exceed 52 for police-type use, without regard to the gen2 eral purchase price limitation) and hire of passenger

3 motor vehicles; for expenses for student athletic and relat4 ed activities; uniforms without regard to the general pur5 chase price limitation for the current fiscal year; the con6 ducting of and participating in firearms matches and pres7 entation of awards; for public awareness and enhancing

8 community support of law enforcement training; not to ex9 ceed $9,500 for official reception and representation ex10 penses; room and board for student interns; and services

11 as authorized by 5 U.S.C. 3109; $51,681,000, of which

12 $9,423,000 for materials and support costs of Federal law

13 enforcement basic training shall remain available until

14 September 30, 1999: Provided, That the Center is author15 ized to accept and use gifts of property, both real and per16 sonal, and to accept services, for authorized purposes, in17 cluding funding of a gift of intrinsic value which shall be

18 awarded annually by the Director of the Center to the out19 standing student who graduated from a basic training pro20 gram at the Center during the previous fiscal year, which

21 shall be funded only by gifts received through the Center’s

22 gift authority: Provided further, That notwithstanding any

23 other provision of law, students attending training at any

24 Federal Law Enforcement Training Center site shall re25 side in on-Center or Center-provided housing, insofar as
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1 available and in accordance with Center policy: Provided

2 further, That funds appropriated in this account shall be

3 available for training United States Postal Service law en4 forcement personnel and Postal police officers, at the dis5 cretion of the Director; State and local government law

6 enforcement training on a space-available basis; training

7 of foreign law enforcement officials on a space-available

8 basis with reimbursement of actual costs to this appropria9 tion; training of private sector security officials on a space10 available basis with reimbursement of actual costs to this

11 appropriation; and travel expenses of non-Federal person12 nel to attend course development meetings and training

13 at the Center: Provided further, That the Center is author14 ized to obligate funds in anticipation of reimbursements

15 from agencies receiving training at the Federal Law En16 forcement Training Center, except that total obligations

17 at the end of the fiscal year shall not exceed total budg18 etary resources available at the end of the fiscal year: Pro19 vided further, That the Federal Law Enforcement Train20 ing Center is authorized to provide short term medical

21 services for students undergoing training at the Center.

22 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

23 RELATED EXPENSES

24 For expansion of the Federal Law Enforcement

25 Training Center, for acquisition of necessary additional
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1 real property and facilities, and for ongoing maintenance,

2 facility improvements, and related expenses, $18,884,000,

3 to remain available until expended.

4 FINANCIAL MANAGEMENT SERVICE

5 SALARIES AND EXPENSES

6 For necessary expenses of the Financial Management

7 Service, $191,799,000, of which not to exceed

8 $14,277,000 shall remain available until expended for sys9 tems modernization initiatives. In addition, $90,000, to be

10 derived from the Oil Spill Liability Trust Fund, to reim11 burse the Service for administrative and personnel ex12 penses for financial management of the Fund, as author13 ized by section 1012 of Public Law 101–380: Provided,

14 That none of the funds made available for systems mod15 ernization initiatives may not be obligated until the Com16 missioner of the Financial Management Service has sub17 mitted, and the Committees on Appropriations of the

18 House and Senate have approved, a report that identifies,

19 evaluates, and prioritizes all computer systems invest20 ments planned for fiscal year 1997, a milestone schedule

21 for the development and implementation of all projects in22 cluded in the systems investment plan, and a systems ar23 chitecture plan.
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1 BUREAU OF ALCOHOL, TOBACCO AND FIREARMS

2 SALARIES AND EXPENSES

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

5 650 vehicles for police-type use for replacement only and

6 hire of passenger motor vehicles; hire of aircraft; and serv7 ices of expert witnesses at such rates as may be deter8 mined by the Director; for payment of per diem and/or

9 subsistence allowances to employees where an assignment

10 to the National Response Team during the investigation

11 of a bombing or arson incident requires an employee to

12 work 16 hours or more per day or to remain overnight

13 at his or her post of duty; not to exceed $12,500 for offi14 cial reception and representation expenses; for training of

15 State and local law enforcement agencies with or without

16 reimbursement, including training in connection with the

17 training and acquisition of canines for explosives and fire

18 accelerants detection; provision of laboratory assistance to

19 State and local agencies, with or without reimbursement;

20 $389,982,000, of which $12,011,000, to remain available

21 until expended, shall be available for arson investigations,

22 with priority assigned to any arson involving religious in23 stitutions; which not to exceed $1,000,000 shall be avail24 able for the payment of attorneys’ fees as provided by 18

25 U.S.C. 924(d)(2); and of which $1,000,000 shall be avail-
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1 able for the equipping of any vessel, vehicle, equipment,

2 or aircraft available for official use by a State or local law

3 enforcement agency if the conveyance will be used in drug4 related joint law enforcement operations with the Bureau

5 of Alcohol, Tobacco and Firearms and for the payment

6 of overtime salaries, travel, fuel, training, equipment, and

7 other similar costs of State and local law enforcement offi8 cers that are incurred in joint operations with the Bureau

9 of Alcohol, Tobacco and Firearms: Provided, That no

10 funds made available by this or any other Act may be used

11 to transfer the functions, missions, or activities of the Bu12 reau of Alcohol, Tobacco and Firearms to other agencies

13 or Departments in the fiscal year ending on September

14 30, 1997: Provided further, That no funds appropriated

15 herein shall be available for salaries or administrative ex16 penses in connection with consolidating or centralizing,

17 within the Department of the Treasury, the records, or

18 any portion thereof, of acquisition and disposition of fire19 arms maintained by Federal firearms licensees: Provided

20 further, That no funds appropriated herein shall be used

21 to pay administrative expenses or the compensation of any

22 officer or employee of the United States to implement an

23 amendment or amendments to 27 CFR 178.118 or to

24 change the definition of ‘‘Curios or relics’’ in 27 CFR

25 178.11 or remove any item from ATF Publication
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1 5300.11 as it existed on January 1, 1994: Provided fur2 ther, That none of the funds appropriated herein shall be

3 available to investigate or act upon applications for relief

4 from Federal firearms disabilities under 18 U.S.C. 925(c)

5 and the inability of the Bureau of Alcohol, Tobacco and

6 Firearms to process or act upon such applications for fel7 ons convicted of a violent crime, firearms violations, or

8 drug-related crimes shall not be subject to judicial review:

9 Provided further, That such funds shall be available to in10 vestigate and act upon applications filed by corporations

11 for relief from Federal firearms disabilities under 18

12 U.S.C. 925(c): Provided further, That no funds in this Act

13 may be used to provide ballistics imaging equipment to

14 State or local authorities who have obtained similar equip15 ment through a Federal grant or subsidy: Provided fur16 ther, That, notwithstanding any other provision of law, all

17 aircraft owned and operated by the Bureau of Alcohol, To18 bacco and Firearms shall be transferred to the United

19 States Customs Service: Provided further, That no funds

20 under this heading shall be available to conduct a reduc21 tion in force: Provided further, That no funds available for

22 separation incentive payments as authorized by section

23 525 of this Act may be obligated without the advance ap24 proval of the House and Senate Committees on Appropria25 tions: Provided further, That no funds under this Act may
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1 be used to electronically retrieve information gathered pur2 suant to 18 U.S.C. 923(g)(4) by name or any personal

3 identification code.

4 UNITED STATES CUSTOMS SERVICE

5 SALARIES AND EXPENSES

6 INCLUDING TRANSFER OF FUNDS

7 For necessary expenses of the United States Customs

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

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

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

11 vehicles; contracting with individuals for personal services

12 abroad; not to exceed $20,000 for official reception and

13 representation expenses; and awards of compensation to

14 informers, as authorized by any Act enforced by the

15 United States Customs Service; $1,489,224,000 (in16 creased by $500,000) (reduced by $500,000) (reduced by

17 $2,000,000); of which $65,000,000 shall be available until

18 expended for Operation Hardline; of which $28,000,000

19 shall be available until expended for expenses associated

20 with Operation Gateway; of which up to $3,000,000 shall

21 be available for transfer to the Office of Professional Re22 sponsibility; and of which such sums as become available

23 in the Customs User Fee Account, except sums subject

24 to section 13031(f)(3) of the Consolidated Omnibus Rec25 onciliation Act of 1985, as amended (19 U.S.C. 58c(f)(3)),

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

2 space in connection with preclearance operations, and not

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

4 research and not to exceed $1,000,000 shall be available

5 until expended for conducting special operations pursuant

6 to 19 U.S.C. 2081 and up to $6,000,000 shall be available

7 until expended for the procurement of automation infra8 structure items, including hardware, software, and instal9 lation: Provided, That uniforms may be purchased without

10 regard to the general purchase price limitation for the cur11 rent fiscal year: Provided further, That the United States

12 Custom Service shall implement the General Aviation Tel13 ephonic Entry program within 30 days of enactment of

14 this Act: Provided further, That no funds under this head15 ing shall be available to conduct a reduction in force: Pro16 vided further, That no funds available for separation in17 centive payments as authorized by section 525 of this Act

18 may be obligated without the advance approval of the

19 House and Senate Committees on Appropriations: Pro20 vided further, That the Spirit of St. Louis Airport in St.

21 Louis County, Missouri, shall be designated a port of

22 entry: Provided further, that no funds under this Act may

23 be used to provide less than 30 days public notice for any

24 change in apparel regulations.
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1 OPERATION AND MAINTENANCE, AIR AND MARINE

2 INTERDICTION PROGRAMS

3 For expenses, not otherwise provided for, necessary

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

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

8 the air or marine interdiction and demand reduction pro9 grams, 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; $83,363,000, 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 1997 with24 out the prior approval of the House and Senate Commit25 tees on Appropriations.
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1 AIR INTERDICTION PROCUREMENT

2 For the purchase and restoration of aircraft, marine

3 vessels and air surveillance equipment for the Customs air

4 and marine interdiction programs, $28,000,000: Provided,

5 That such resources shall not be available until September

6 30, 1997, and shall remain available until expended.

7 CUSTOMS SERVICES AT SMALL AIRPORTS

8 (TO BE DERIVED FROM FEES COLLECTED)

9 Such sums as may be necessary for expenses for the

10 provision of Customs services at certain small airports or

11 other facilities when authorized by law and designated by

12 the Secretary of the Treasury, including expenditures for

13 the salary and expenses of individuals employed to provide

14 such services, to be derived from fees collected by the Sec15 retary pursuant to section 236 of Public Law 98–573 for

16 each of these airports or other facilities when authorized

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

18 available until expended.

19 HARBOR MAINTENANCE FEE COLLECTION

20 For administrative expenses related to the collection

21 of the Harbor Maintenance Fee, pursuant to Public Law

22 103–182, $3,000,000, to be derived from the Harbor

23 Maintenance Trust Fund and to be transferred to and

24 merged with the Customs ‘‘Salaries and Expenses’’ ac25 count for such purposes.
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1 BUREAU OF THE PUBLIC DEBT

2 ADMINISTERING THE PUBLIC DEBT

3 For necessary expenses connected with any public4 debt issues of the United States; $169,735,000: Provided,

5 That the sum appropriated herein from the General Fund

6 for fiscal year 1997 shall be reduced by not more than

7 $4,400,000 as definitive security issue fees and Treasury

8 Direct Investor Account Maintenance fees are collected,

9 so as to result in a final fiscal year 1997 appropriation

10 from the General Fund estimated at $165,335,000.

11 INTERNAL REVENUE SERVICE

12 PROCESSING, ASSISTANCE, AND MANAGEMENT

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

15 returns; revenue accounting; providing assistance to tax16 payers, management services, and inspection; including

17 purchase (not to exceed 150 for replacement only for po18 lice-type use) 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; $1,722,985,000, of which up to $3,700,000 shall

22 be for the Tax Counseling for the Elderly Program, and

23 of which not to exceed $25,000 shall be for official recep24 tion and representation expenses.
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1 TAX LAW ENFORCEMENT

2 For necessary expenses of the Internal Revenue Serv3 ice for determining and establishing tax liabilities; tax and

4 enforcement litigation; technical rulings; examining em5 ployee plans and exempt organizations; investigation and

6 enforcement activities; securing unfiled tax returns; col7 lecting unpaid accounts; statistics of income and compli8 ance research; the purchase (for police-type use, not to

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

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

11 3109, at such rates as may be determined by the Commis12 sioner; $4,052,586,000.

13 INFORMATION SYSTEMS

14 INCLUDING TRANSFER OF FUNDS

15 For necessary expenses for data processing and tele16 communications support for Internal Revenue Service ac17 tivities, including tax systems modernization (modernized

18 developmental systems), modernized operational systems,

19 services and compliance, and support systems; the hire of

20 passenger motor vehicles (31 U.S.C. 1343(b)); and serv21 ices as authorized by 5 U.S.C. 3109, at such rates as may

22 be determined by the Commissioner; $1,077,450,000, of

23 which $424,500,000 shall be available for tax systems

24 modernization program activities: Provided, That none of

25 the funds made available for tax systems modernization

26 shall be available until the Internal Revenue Service estab-
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1 lishes a restructured contractual relationship with a com2 mercial sector company to manage, integrate, test, and im3 plement all portions of the tax systems modernization pro4 gram, except that funds up to $59,100,000 may be used

5 to support a Government Program Management Office,

6 not to exceed a total staffing of 50 individuals, and other

7 necessary Program Management activities: Provided fur8 ther, That none of the funds made available for tax sys9 tems modernization may be used by the Internal Revenue

10 Service to carry out activities associated with the develop11 ment of a request for proposal and contract award, except

12 that funds shall be available for the sharing of data and

13 information and general oversight of the process by the

14 Associate Commissioner of the Internal Revenue Service

15 for Modernization, and such funds as may be necessary

16 shall be transferred to the Department of Defense which

17 will conduct all technical activities associated with the de18 velopment of a request for proposal and contract award:

19 Provided further, That none of these funds may be used

20 to support in excess of 150 full-time equivalent positions

21 in support of tax systems modernization: Provided further,

22 That these funds shall remain available until September

23 30, 1999.
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1 INFORMATION SYSTEMS

2 (RESCISSION)

3 Of the funds made available under this heading for

4 Tax Systems Modernization in Public Law 104–52,

5 $100,000,000 are rescinded, in Public Law 103–329,

6 $51,685,000 are rescinded, in Public Law 102–393,

7 $2,421,000 are rescinded, and in Public Law 102–141,

8 $20,341,000 are rescinded.

9 ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE

10 SERVICE

11 SECTION 101. Not to exceed 5 percent of any appro12 priation made available in this Act to the Internal Revenue

13 Service may be transferred to any other Internal Revenue

14 Service appropriation upon the advance approval of the

15 House and Senate Committees on Appropriations.

16 SEC. 102. The Internal Revenue Service shall main17 tain a training program to insure that Internal Revenue

18 Service employees are trained in taxpayers’ rights, in deal19 ing courteously with the taxpayers, and in cross-cultural

20 relations.

21 SEC. 103. The funds provided in this Act for the In22 ternal Revenue Service shall be used to provide as a mini23 mum, the fiscal year 1995 level of service, staffing, and

24 funding for Taxpayer Services.

25 SEC. 104. No funds available in this Act to the Inter26 nal Revenue Service for separation incentive payments as
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1 authorized by section 525 of this Act may be obligated

2 without the advance approval of the House and Senate

3 Committees on Appropriations.

4 SEC. 105. The Internal Revenue Service shall con5 tract with an independent accounting firm to determine

6 the revenue losses (if any) which would result from imple7 menting H.R. 2450, as introduced in the 104th Congress.

8 UNITED STATES SECRET SERVICE

9 SALARIES AND EXPENSES

10 For necessary expenses of the United States Secret

11 Service, including purchase (not to exceed 702 vehicles for

12 police-type use, of which 665 shall be for replacement

13 only), and hire of passenger motor vehicles; hire of air14 craft; training and assistance requested by State and local

15 governments, which may be provided without reimburse16 ment; services of expert witnesses at such rates as may

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

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

19 and other facilities on private or other property not in

20 Government ownership or control, as may be necessary to

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

22 or subsistence allowances to employees where a protective

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

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

25 or to remain overnight at his or her post of duty; the con-
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1 ducting of and participating in firearms matches; presen2 tation of awards; and for travel of Secret Service employ3 ees on protective missions without regard to the limita4 tions on such expenditures in this or any other Act: Pro5 vided, That approval is obtained in advance from the

6 House and Senate Committees on Appropriations; for re7 pairs, alterations, and minor construction at the James

8 J. Rowley Secret Service Training Center; for research

9 and development; for making grants to conduct behavioral

10 research in support of protective research and operations;

11 not to exceed $20,000 for official reception and represen12 tation expenses; not to exceed $50,000 to provide technical

13 assistance and equipment to foreign law enforcement orga14 nizations in counterfeit investigations; for payment in ad15 vance for commercial accommodations as may be nec16 essary to perform protective functions; and for uniforms

17 without regard to the general purchase price limitation for

18 the current fiscal year: Provided further, That 3 U.S.C.

19 203(a) is amended by deleting ‘‘but not exceeding twelve

20 hundred in number’’; $528,368,000, of which $1,200,000

21 shall be available as a grant for activities related to the

22 investigations of missing and exploited children: Provided

23 further, That resources made available as a grant for ac24 tivities related to the investigations of missing and ex-
26

HR 3756 RFS

1 ploited children shall not be available until September 30,

2 1997, and shall remain available until expended.

3 ACQUISITION, CONSTRUCTION, IMPROVEMENT, AND

4 RELATED EXPENSES

5 For necessary expenses of construction, repair, alter6 ation, and improvement of facilities, $31,298,000, to re7 main available until expended: Provided, That funds pre8 viously provided under the title, ‘‘Treasury Buildings and

9 Annex Repair and Restoration,’’ for the Secret Service’s

10 Headquarters Building, shall be transferred to this ac11 count.

12 GENERAL PROVISIONS—DEPARTMENT OF THE

13 TREASURY

14 SECTION 111. Any obligation or expenditure by the

15 Secretary in connection with law enforcement activities of

16 a Federal agency or a Department of the Treasury law

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

18 9703(g)(4)(B) from unobligated balances remaining in the

19 Fund on September 30, 1997, shall be made in compliance

20 with the reprogramming guidelines contained in the House

21 and Senate reports accompanying this Act.

22 SEC. 112. Appropriations to the Treasury Depart23 ment in this Act shall be available for uniforms or allow24 ances therefor, as authorized by law (5 U.S.C. 5901), in25 cluding maintenance, repairs, and cleaning; purchase of

26 insurance for official motor vehicles operated in foreign
27

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1 countries; purchase of motor vehicles without regard to the

2 general purchase price limitations for vehicles purchased

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

4 contracts with the Department of State for the furnishing

5 of health and medical services to employees and their de6 pendents serving in foreign countries; and services author7 ized by 5 U.S.C. 3109.

8 SEC. 113. None of the funds appropriated by this

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

10 underpayment of any tax imposed by the Internal Revenue

11 Code of 1986 unless the conduct of officers and employees

12 of the Internal Revenue Service in connection with such

13 collection, including any private sector employees under

14 contract to the Internal Revenue Service, compiles with

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

16 in connection with debt collection), and section 806 (relat17 ing to harassment or abuse), of the Fair Debt Collection

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

19 SEC. 114. The Internal Revenue Service shall insti20 tute policies and procedures which will safeguard the con21 fidentiality of taxpayer information.

22 SEC. 115. The funds provided to the Bureau of Alco23 hol Tobacco and Firearms for fiscal year 1997 in this Act

24 for the enforcement of the Federal Alcohol Administration

25 Act shall be expended in a manner so as not to diminish
28

HR 3756 RFS

1 enforcement efforts with respect to section 105 of the Fed2 eral Alcohol Administration Act.

3 SEC. 116. Paragraph (3)(C) of section 9703(g) of

4 title 31, United States Code, is amended—

5 (1) by striking in the third sentence ‘‘and at

6 the end of each fiscal year thereafter’’;

7 (2) by inserting in lieu thereof ‘‘1994, 1995,

8 and 1996’’; and

9 (3) by adding at the end the following new sen10 tence: ‘‘At the end of fiscal year 1997, and at the

11 end of each fiscal year thereafter, the Secretary shall

12 reserve any amounts that are required to be retained

13 in the Fund to ensure the availability of amounts in

14 the subsequent fiscal year for purposes authorized

15 under subsection (a).’’

16 SEC. 117. Of the funds available to the Internal Reve17 nue Service, $13,000,000 shall be made available to con18 tinue the private sector debt collection program which was

19 initiated in fiscal year 1996 and $13,000,000 shall be

20 transferred to the Departmental Offices appropriation to

21 initiate a new private sector debt collection program: Pro22 vided, That the transfer provided herein shall be in addi23 tion to any other transfer authority contained in this Act.
29

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1 PRIORITY PLACEMENT, JOB PLACEMENT, RETRAINING,

2 AND COUNSELING PROGRAMS FOR U.S. TREASURY

3 DEPARTMENT EMPLOYEES AFFECTED BY A REDUC4 TION IN FORCE

5 SEC. 118. (a) DEFINITIONS.—

6 (1) For the purposes of this section, the term

7 ‘‘agency’’ means the United States Department of

8 the Treasury.

9 (2) For the purposes of this section, the term

10 ‘‘eligible employee’’ means any employee of the agen11 cy who—

12 (A) is scheduled to be separated from serv13 ice due to a reduction in force under—

14 (i) regulations prescribed under sec15 tion 3502 of title 5, United States Code; or

16 (ii) procedures established under sec17 tion 3595 of title 5, United States Code; or

18 (B) is separated from service due to such

19 a reduction in force, but does not include—

20 (i) an employee separated from service

21 for cause on charges of misconduct or de22 linquency; or

23 (ii) an employee who, at the time of

24 separation, meets the age and service re25 quirements for an immediate annuity
30

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1 under subchapter III of chapter 83 or

2 chapter 84 of title 5, United States Code.

3 (b) PRIORITY PLACEMENT PROGRAM.—Not later

4 than 30 days after the date of the enactment of this Act,

5 the U.S. Department of the Treasury shall establish a pri6 ority placement program for eligible employees.

7 (c) The priority placement program established under

8 subsection (b) shall include provisions under which a va9 cant position shall not be filled by the appointment or

10 transfer of any individual from outside of the agency if—

11 (1) there is then available any eligible employee

12 who applies for the position within 30 days of the

13 agency issuing a job announcement and is qualified

14 (or can be trained or retrained to become qualified

15 within 90 days of assuming the position) for the po16 sition; and

17 (2) the position is within the same commuting

18 area as the eligible employee’s last-held position or

19 residence.

20 (d) JOB PLACEMENT AND COUNSELING SERVICES.—

21 The head of the agency may establish a program to pro22 vide job placement and counseling services to eligible em23 ployees and their families.
31

HR 3756 RFS

1 (1) TYPES OF SERVICES.—A program estab2 lished under subsection (d) may include, is not lim3 ited to, such services as—

4 (A) career and personal counseling;

5 (B) training and job search skills; and

6 (C) job placement assistance, including as7 sistance provided through cooperative arrange8 ments with State and local employment services

9 offices.

10 (e) REFERRAL OF ELIGIBLE EMPLOYEES TO PRI11 VATE SECTOR CONTRACTORS.—Any contract related to

12 the Internal Revenue Services’ Tax Systems Moderniza13 tion program shall contain a provision requiring that the

14 contractor, in hiring employees for the performance of the

15 contract, shall obtain referrals of eligible employees, who

16 consent to such referral, from the priority placement or

17 job placement programs established under this section.

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

19 Appropriations Act, 1997’’.

20 TITLE II—POSTAL SERVICE

21 PAYMENTS TO THE POSTAL SERVICE

22 PAYMENT TO THE POSTAL SERVICE FUND

23 For payment to the Postal Service Fund for revenue

24 forgone on free and reduced rate mail, pursuant to sub25 sections (c) and (d) of section 2401 of title 39, United
32

HR 3756 RFS

1 States Code, $85,080,000: Provided, That mail for over2 seas voting and mail for the blind shall continue to be free:

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

4 of mail shall continue at not less than the 1983 level: Pro5 vided further, That none of the funds made available to

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

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

8 employee of any State or local child support enforcement

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

10 program of child support enforcement, a fee for informa11 tion requested or provided concerning an address of a

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

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

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

15 ending on September 30, 1997.

16 TITLE III—EXECUTIVE OFFICE OF THE

17 PRESIDENT AND FUNDS APPROPRIATED TO

18 THE PRESIDENT

19 COMPENSATION OF THE PRESIDENT AND

20 THE WHITE HOUSE OFFICE

21 COMPENSATION OF THE PRESIDENT

22 For compensation of the President, including an ex23 pense allowance at the rate of $50,000 per annum as au24 thorized by 3 U.S.C. 102, $250,000: Provided, That none

25 of the funds made available for official expenses shall be
33

HR 3756 RFS

1 expended for any other purpose and any unused amount

2 shall revert to the Treasury pursuant to section 1552 of

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

4 of the funds made available for official expenses shall be

5 considered as taxable to the President.

6 SALARIES AND EXPENSES

7 For necessary expenses for the White House as au8 thorized by law, including not to exceed $3,850,000 for

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

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

11 105, which shall be expended and accounted for as pro12 vided in that section; hire of passenger motor vehicles,

13 newspapers, periodicals, teletype news service, and travel

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

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

16 for official entertainment expenses, to be available for allo17 cation within the Executive Office of the President;

18 $40,193,000: Provided, That $420,000 of the funds ap19 propriated may not be obligated until the Director of the

20 Office of Administration has submitted, and the Commit21 tees on Appropriations of the House and Senate have ap22 proved, a report that identifies, evaluates, and prioritizes

23 all computer systems investments planned for fiscal year

24 1997, a milestone schedule for the development and imple-
34

HR 3756 RFS

1 mentation of all projects included in the systems invest2 ment plan, and a systems architecture plan.

3 EXECUTIVE RESIDENCE AT THE WHITE HOUSE

4 OPERATING EXPENSES

5 For the care, maintenance, repair and alteration, re6 furnishing, improvement, heating and lighting, including

7 electric power and fixtures, of the Executive Residence at

8 the White House and official entertainment expenses of

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

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

11 SPECIAL ASSISTANCE TO THE PRESIDENT AND THE

12 OFFICIAL RESIDENCE OF THE VICE PRESIDENT

13 SALARIES AND EXPENSES

14 For necessary expenses to enable the Vice President

15 to provide assistance to the President in connection with

16 specially assigned functions, services as authorized by 5

17 U.S.C. 3109 and 3 U.S.C. 106, including subsistence ex18 penses as authorized by 3 U.S.C. 106, which shall be ex19 pended and accounted for as provided in that section; and

20 hire of passenger motor vehicles; $3,280,000: Provided,

21 That $150,000 of the funds appropriated may not be obli22 gated until the Director of the Office of Administration

23 has submitted, and the Committees on Appropriations of

24 the House and Senate have approved, a report that identi25 fies, evaluates, and prioritizes all computer systems invest-
35

HR 3756 RFS

1 ments planned for fiscal year 1997, a milestone schedule

2 for the development and implementation of all projects in3 cluded in the systems investment plan, and a systems ar4 chitecture plan.

5 OPERATING EXPENSES

6 For the care, operation, refurnishing, improvement,

7 heating and lighting, including electric power and fixtures,

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

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

10 official entertainment expenses of the Vice President, to

11 be accounted for solely on his certificate; $324,000: Pro12 vided, That advances or repayments or transfers from this

13 appropriation may be made to any department or agency

14 for expenses of carrying out such activities: Provided fur15 ther, That $8,000 of the funds appropriated may not be

16 obligated until the Director of the Office of Administration

17 has submitted for approval to the Committees on Appro18 priations of the House and Senate a report that identifies,

19 evaluates, and prioritizes all computer systems invest20 ments planned for fiscal year 1997, a milestone schedule

21 for the development and implementation of all projects in22 cluded in the systems investment plan, and a systems ar23 chitecture plan.
36

HR 3756 RFS

1 COUNCIL OF ECONOMIC ADVISERS

2 SALARIES AND EXPENSES

3 For necessary expenses of the Council in carrying out

4 its functions under the Employment Act of 1946 (15

5 U.S.C. 1021), $3,439,000.

6 OFFICE OF POLICY DEVELOPMENT

7 SALARIES AND EXPENSES

8 For necessary expenses of the Office of Policy Devel9 opment, including services as authorized by 5 U.S.C.

10 3109, and 3 U.S.C. 107; $3,867,000: Provided, That

11 $45,000 of the funds appropriated may not be obligated

12 until the Director of the Office of Administration has sub13 mitted, and the Committees on Appropriations of the

14 House and Senate have approved, a report that identifies,

15 evaluates, and prioritizes all computer systems invest16 ments planned for fiscal year 1997, a milestone schedule

17 for the development and implementation of all projects in18 cluded in the systems investment plan, and a systems ar19 chitecture plan.

20 NATIONAL SECURITY COUNCIL

21 SALARIES AND EXPENSES

22 For necessary expenses of the National Security

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

24 3109, $6,648,000: Provided, That $3,000 of the funds ap25 propriated may not be obligated until the Director of the
37

HR 3756 RFS

1 Office of Administration has submitted, and the Commit2 tees on Appropriations of the House and Senate have ap3 proved, a report that identifies, evaluates, and prioritizes

4 all computer systems investments planned for fiscal year

5 1997, a milestone schedule for the development and imple6 mentation of all projects included in the systems invest7 ment plan, and a systems architecture plan.

8 OFFICE OF ADMINISTRATION

9 SALARIES AND EXPENSES

10 For necessary expenses of the Office of Administra11 tion, $26,100,000, including services as authorized by 5

12 U.S.C. 3109 and 3 U.S.C. 107, and hire of passenger

13 motor vehicles: Provided, That $340,700 of the funds ap14 propriated may not be obligated until the Director of the

15 Office of Administration has submitted, and the Commit16 tees on Appropriations of the House and Senate have ap17 proved, a report that identifies, evaluates, and prioritizes

18 all computer systems investments planned for fiscal year

19 1997, a milestone schedule for the development and imple20 mentation of all projects included in the systems invest21 ment plan, and a systems architecture plan.

22 OFFICE OF MANAGEMENT AND BUDGET

23 SALARIES AND EXPENSES

24 For necessary expenses of the Office of Management

25 and Budget, including hire of passenger motor vehicles,
38

HR 3756 RFS

1 services as authorized by 5 U.S.C. 3109, $55,573,000, of

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

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

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

5 shall be applied only to the objects for which appropria6 tions were made except as otherwise provided by law: Pro7 vided further, That none of the funds appropriated in this

8 Act for the Office of Management and Budget may be

9 used for the purpose of reviewing any agricultural market10 ing orders or any activities or regulations under the provi11 sions of the Agricultural Marketing Agreement Act of

12 1937 (7 U.S.C. 601 et seq.): Provided further, That none

13 of the funds made available for the Office of Management

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

15 of the transcript of actual testimony of witnesses, except

16 for testimony of officials of the Office of Management and

17 Budget, before the House and Senate Committees on Ap18 propriations or the House and Senate Committees on Vet19 erans’ Affairs or their subcommittees: Provided further,

20 That this proviso shall not apply to printed hearings re21 leased by the House and Senate Committees on Appro22 priations or the House and Senate Committees on Veter23 ans’ Affairs.
39

HR 3756 RFS

1 OFFICE OF NATIONAL DRUG CONTROL POLICY

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses of the Office of National

5 Drug Control Policy; for research activities pursuant to

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

7 official reception and representation expenses; and for par8 ticipation in joint projects or in the provision of services

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

10 public organizations or agencies, with or without reim11 bursement; $34,838,000, of which $18,000,000 shall re12 main available until expended, consisting of $1,000,000

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

14 Counter-Drug Technology Assessment Center for

15 counternarcotics research and development projects, of

16 which $1,000,000 shall be obligated for State conferences

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

18 for the Counter-Drug Technology Assessment Center shall

19 be available for transfer to other Federal departments or

20 agencies: Provided further, That the Office is authorized

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

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

23 of the Office: Provided further, That $2,500,000 of the

24 funds available for the salaries and expenses of the Office

25 of National Drug Control Policy may not be obligated
40

HR 3756 RFS

1 until the Director reaches agreement with the House and

2 Senate Committees on Appropriations on a final fiscal

3 year 1997 organizational plan: Provided further, That the

4 Secretary of the Treasury is authorized to receive all un5 available collections transferred from the Special Forfeit6 ure Fund established by section 6073 of the Anti-Drug

7 Abuse Act of 1988 (21 U.S.C. 1509) by the Director of

8 the Office of Drug Control Policy as a deposit into the

9 Treasury Forfeiture Fund (31 U.S.C. 9703(a)).

10 FEDERAL DRUG CONTROL PROGRAMS

11 HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

12 (INCLUDING TRANSFER OF FUNDS)

13 For necessary expenses of the Office of National

14 Drug Control Policy’s High Intensity Drug Trafficking

15 Areas Program, $113,000,000 for drug control activities

16 consistent with the approved strategy for each of the des17 ignated High Intensity Drug Trafficking Areas, of which

18 $3,000,000 shall be used for a newly designated High In19 tensity Drug Trafficking Area in Lake County, Indiana;

20 of which $2,000,000 shall be used for a newly designated

21 High Intensity Drug Trafficking Area for the Gulf Coast

22 States of Louisiana, Alabama, and Mississippi; of which

23 $5,000,000 shall be used for a newly designated High In24 tensity Drug Trafficking Area dedicated to combating

25 methamphetamine use, production and trafficking in a five

26 State area including Iowa, Missouri, Nebraska, South Da-
41

HR 3756 RFS

1 kota, and Kansas; of which no less than $59,000,000 shall

2 be transferred to State and local entities for drug control

3 activities; and of which up to $54,000,000 may be trans4 ferred to Federal agencies and departments at a rate to

5 be determined by the Director: Provided, That the funds

6 made available under this head shall be obligated within

7 90 days of the date of enactment of this Act.

8 This title may be cited as the ‘‘Executive Office Ap9 propriations Act, 1997’’.

10 TITLE IV—INDEPENDENT AGENCIES

11 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE

12 BLIND OR SEVERELY DISABLED

13 SALARIES AND EXPENSES

14 For necessary expenses of the Committee for Pur15 chase From People Who Are Blind or Severely Disabled

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

17 28; $1,800,000.

18 FEDERAL ELECTION COMMISSION

19 SALARIES AND EXPENSES

20 For necessary expenses to carry out the provisions

21 of the Federal Election Campaign Act of 1971, as amend22 ed, $27,524,000, of which no less than $2,500,000 shall

23 be available for internal automated data processing sys24 tems, and of which not to exceed $5,000 shall be available

25 for reception and representation expenses.
42

HR 3756 RFS

1 FEDERAL LABOR RELATIONS AUTHORITY

2 SALARIES AND EXPENSES

3 For necessary expenses to carry out functions of the

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

6 Reform Act of 1978, including services as authorized by

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

8 hire of passenger motor vehicles, rental of conference

9 rooms in the District of Columbia and elsewhere;

10 $21,588,000: Provided, That public members of the Fed11 eral Service Impasses Panel may be paid travel expenses

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

13 (5 U.S.C. 5703) for persons employed intermittently in

14 the Government service, and compensation as authorized

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

16 31 U.S.C. 3302, funds received from fees charged to non17 Federal participants at labor-management relations con18 ferences shall be credited to and merged with this account,

19 to be available without further appropriation for the costs

20 of carrying out these conferences.

21 GENERAL SERVICES ADMINISTRATION

22 FEDERAL BUILDINGS FUND

23 LIMITATIONS ON AVAILABILITY OF REVENUE

24 For additional expenses necessary to carry out the

25 purpose of the Fund established pursuant to section
43

HR 3756 RFS

1 210(f) of the Federal Property and Administrative Serv2 ices Act of 1949, as amended (40 U.S.C. 490(f)),

3 $209,193,000, to be deposited into said Fund. The reve4 nues and collections deposited into the Fund shall be avail5 able for necessary expenses of real property management

6 and related activities not otherwise provided for, including

7 operation, maintenance, and protection of Federally owned

8 and leased buildings; rental of buildings in the District

9 of Columbia; restoration of leased premises; moving gov10 ernmental agencies (including space adjustments and tele11 communications relocation expenses) in connection with

12 the assignment, allocation and transfer of space; contrac13 tual services incident to cleaning or servicing buildings,

14 and moving; repair and alteration of federally owned build15 ings including grounds, approaches and appurtenances;

16 care and safeguarding of sites; maintenance, preservation,

17 demolition, and equipment; acquisition of buildings and

18 sites by purchase, condemnation, or as otherwise author19 ized by law; acquisition of options to purchase buildings

20 and sites; conversion and extension of Federally owned

21 buildings; preliminary planning and design of projects by

22 contract or otherwise; construction of new buildings (in23 cluding equipment for such buildings); and payment of

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

25 public buildings acquired by installment purchase and pur-
44

HR 3756 RFS

1 chase contract, in the aggregate amount of

2 $5,364,392,000, of which (1) not to exceed $540,000,000

3 shall remain available until expended for construction of

4 additional projects at locations as follows: Fresno, Califor5 nia, Federal Building and U.S. Courthouse; Denver, Colo6 rado, U.S. Courthouse; District of Columbia, U.S. Court7 house Annex; Miami, Florida, U.S. Courthouse; Orlando,

8 Florida, U.S. Courthouse; Covington, Kentucky, U.S.

9 Courthouse; London, Kentucky, U.S. Courthouse; Babb,

10 Montana, Piegan Border Station; Sweetgrass, Montana,

11 Border Station; Las Vegas, Nevada, U.S. Courthouse;

12 Brooklyn, New York, U.S. Courthouse; Cleveland, Ohio,

13 U.S. Courthouse; Youngstown, Ohio, U.S. Courthouse;

14 Portland, Oregon, Consolidated Law Enforcement Federal

15 Office Building; Erie, Pennsylvania, U.S. Courthouse;

16 Philadelphia, Pennsylvania, Department of Veterans Af17 fairs—Federal Complex, phase II; Columbia, South Caro18 lina, U.S. Courthouse; Corpus Christi, Texas, U.S. Court19 house; Salt Lake City, Utah, Moss Courthouse Annex and

20 Alteration; Blaine, Washington, U.S. Border Station;

21 Oroville, Washington, U.S. Border Station; Seattle, Wash22 ington, U.S. Courthouse; and, Sumas, Washington, U.S.

23 Border Station, (Claim): Provided, That the total cost of

24 the immediately foregoing United States Courthouse or

25 United States Courthouse annex construction projects
45

HR 3756 RFS

1 shall be reduced by no less than 10 percent from the pro2 spectus level estimate by improving design efficiencies,

3 curtailing planned interior finishes requiring more effi4 cient use of courtroom and library space, and by otherwise

5 limiting space requirements: Provided further, That each

6 of the immediately foregoing construction projects may

7 not exceed the original authorized level for site acquisition,

8 design, or construction, unless advanced approval is ob9 tained from the House and Senate Committees on Appro10 priations: Provided further, That from funds available in

11 the Federal Buildings Fund, $20,000,000 shall be avail12 able until expended for environmental clean up activities

13 at the Southeast Federal Center in the District of Colum14 bia: Provided further, That all funds for direct construc15 tion projects shall expire on September 30, 1999, and re16 main in the Federal Buildings Fund except funds for

17 projects as to which funds for design or other funds have

18 been obligated in whole or in part prior to such date: Pro19 vided further, That claims against the Government of less

20 than $250,000 arising from direct construction projects,

21 acquisitions of buildings and purchase contract projects

22 pursuant to Public Law 92–313, be liquidated with prior

23 notification to the Committees on Appropriations of the

24 House and Senate to the extent savings are effected in

25 other such projects; (2) not to exceed $635,000,000 shall
46

HR 3756 RFS

1 remain available until expended, for repairs and alter2 ations which includes associated design and construction

3 services, as follows: District of Columbia, Ariel Rios Build4 ing; District of Columbia, Department of Justice Building

5 (Main), phase, 1; District of Columbia, Layfayette Build6 ing; District of Columbia, State Department Building;

7 Honolulu, Hawaii, Prince Jonah Kuhio Kalanianaole Fed8 eral Building and U.S. Courthouse; Chicago, Illinois, Ev9 erett M. Dirksen Federal Building; Chicago, Illinois, John

10 C. Kluczynski, Jr. Federal Building (IRS); Andover, Mas11 sachusetts, IRS Regional Service Center; Concord, New

12 Hampshire, J.C. Cleveland Federal Building; Camden,

13 New Jersey, U.S. Post Office-Courthouse; Albany, New

14 York, James T. Foley Post Office-Courthouse;

15 Brookhaven, New York, IRS Service Center; New York,

16 New York, Jacob K. Javits Federal Building; Scranton,

17 Pennsylvania, Federal Building-U.S. Courthouse; Provi18 dence, Rhode Island, Federal Building-U.S. Courthouse;

19 Fort Worth, Texas, Federal Center; Nationwide repairs

20 and alterations: Security Upgrades; Chlorofluorocarbons

21 Program; Elevator Program; and, Energy Program: Pro22 vided further, That additional projects for which

23 prospectuses have been fully approved may be funded

24 under this category only if advance approval is obtained

25 from the Committees on Appropriations of the House and
47

HR 3756 RFS

1 Senate: Provided further, That the amounts provided in

2 this or any prior Act for Repairs and Alterations may be

3 used to fund costs associated with implementing security

4 improvements to buildings necessary to meet the minimum

5 standards for security in accordance with current law and

6 in compliance with the reprogramming guidelines of the

7 appropriate Committees of the House and Senate: Pro8 vided further, That funds in the Federal Buildings Fund

9 for Repairs and Alterations shall, for prospectus projects,

10 be limited to the originally authorized amount, except each

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

12 percent when advance approval is obtained from the Com13 mittees on Appropriations of the House and Senate of a

14 greater amount: Provided further, That the difference be15 tween the funds appropriated and expended on any

16 projects in this or any prior Act, under the heading ‘‘Re17 pairs and Alterations’’, may be transferred to Basic Re18 pairs and Alterations or used to fund authorized increases

19 in prospectus projects: Provided further, That such sums

20 as may be necessary shall be made available for ongoing

21 renovation and consolidation efforts at the National Vet22 erinary Services Laboratory and a biocontainment facility

23 at the National Animal Disease Center, as directed in

24 Public Law 104–52: Provided further, That all funds for

25 repairs and alterations prospectus projects shall expire on
48

HR 3756 RFS

1 September 30, 1999, and remain in the Federal Buildings

2 Fund except funds for projects as to which funds for de3 sign or other funds have been obligated in whole or in part

4 prior to such date: Provided further, That the amount pro5 vided in this or any prior Act for Basic Repairs and Alter6 ations may be used to pay claims against the Government

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

8 Alterations’’ or used to fund authorized increases in pro9 spectus projects: Provided further, That $5,700,000 of the

10 funds provided under this heading in Public Law 103–

11 329, for the IRS Service Center, Holtsville, New York,

12 shall be available until September 30, 1998; (3) not to

13 exceed $173,075,000 for installment acquisition payments

14 including payments on purchase contracts which shall re15 main available until expended; (4) not to exceed

16 $3,903,205,000, to remain available until expended, for

17 building operations, leasing activities, and rental of space,

18 of which up to $205,000,000 shall be available for security

19 enhancements; and (5) not to exceed $4,800,000 for the

20 development and acquisition of automatic data processing

21 equipment, software, and services for the Public Buildings

22 Service which shall remain available until September 30,

23 1999 for transfer to accounts and in amounts as necessary

24 to satisfy the requiremens of the Public Buildings Service:

25 Provided further, That funds available to the General Serv-
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HR 3756 RFS

1 ices Administration shall not be available for expenses in

2 connection with any construction, repair, alteration, and

3 acquisition project for which a prospectus, if required by

4 the Public Buildings Act of 1959, as amended, has not

5 been approved, except that necessary funds may be ex6 pended for each project for required expenses in connec7 tion with the development of a proposed prospectus: Pro8 vided further, That the Administrator is authorized in fis9 cal year 1997 and thereafter, to enter into and perform

10 such leases, contracts, or other transactions with any

11 agency or instrumentality of the United States, the several

12 States, or the District of Columbia, or with any person,

13 firm, association, or corporation, as may be necessary to

14 implement the trade center plan at the Federal Triangle

15 Project and is hereby granted all the rights and authori16 ties of the former Pennsylvania Avenue Development Cor17 poration (PADC) with regards to property transferred

18 from PADC to the General Services Administration in fis19 cal year 1996: Provided further, That for the purposes of

20 this authorization, buildings constructed pursuant to the

21 purchase contract authority of the Public Buildings

22 Amendments of 1972 (40 U.S.C. 602a), buildings occu23 pied pursuant to installment purchase contracts, and

24 buildings under the control of another department or

25 agency where alterations of such buildings are required
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1 in connection with the moving of such other department

2 or agency from buildings then, or thereafter to be, under

3 the control of the General Services Administration shall

4 be considered to be federally owned buildings: Provided

5 further, That funds available in the Federal Buildings

6 Fund may be expended for emergency repairs when ad7 vance approval is obtained from the Committees on Appro8 priations of the House and Senate: Provided further, That

9 amounts necessary to provide reimbursable special services

10 to other agencies under section 210(f)(6) of the Federal

11 Property and Administrative Services Act of 1949, as

12 amended (40 U.S.C. 490(f)(6)) and amounts to provide

13 such reimbursable fencing, lighting, guard booths, and

14 other facilities on private or other property not in Govern15 ment ownership or control as may be appropriate to enable

16 the United States Secret Service to perform its protective

17 functions pursuant to 18 U.S.C. 3056, as amended, shall

18 be available from such revenues and collections: Provided

19 further, That revenues and collections and any other sums

20 accruing to this Fund during fiscal year 1997, excluding

21 reimbursements under section 210(f)(6) of the Federal

22 Property and Administrative Services Act of 1949 (40

23 U.S.C. 490(f)(6)) in excess of $5,364,392,000 shall re24 main in the Fund and shall not be available for expendi25 ture except as authorized in appropriations Acts.
51

HR 3756 RFS

1 POLICY AND OPERATIONS

2 For expenses authorized by law, not otherwise pro3 vided for, for Government-wide policy and oversight activi4 ties associated with asset management activities; utiliza5 tion and donation of surplus personal property; transpor6 tation management activities; procurement and supply

7 management activities; Government-wide and internal re8 sponsibilities relating to automated data management,

9 telecommunications, information resources management,

10 and related technology activities; utilization survey, deed

11 compliance inspection, appraisal, environmental and cul12 tural analysis, and land use planning functions pertaining

13 to excess and surplus real property; agency-wide policy di14 rection; Board of Contract Appeals; accounting, records

15 management, and other support services incident to adju16 dication of Indian Tribal Claims by the United States

17 Court of Federal Claims; services as authorized by 5

18 U.S.C. 3109; and not to exceed $5,000 for official recep19 tion and representation expenses; $109,091,000.

20 OFFICE OF INSPECTOR GENERAL

21 For necessary expenses of the Office of Inspector

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

23 $33,274,000: Provided, That not to exceed $5,000 shall

24 be available for payment for information and detection of

25 fraud against the Government, including payment for re-
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1 covery of stolen Government property: Provided further,

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

3 to employees of other Federal agencies and private citizens

4 in recognition of efforts and initiatives resulting in en5 hanced Office of Inspector General effectiveness.

6 ALLOWANCES AND OFFICE STAFF FOR FORMER

7 PRESIDENTS

8 For carrying out the provisions of the Act of August

9 25, 1958, as amended (3 U.S.C. 102 note), and Public

10 Law 95–138, $2,180,000: Provided, That the Adminis11 trator of General Services shall transfer to the Secretary

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

13 out the provisions of such Acts.

14 EXPENSES, PRESIDENTIAL TRANSITION

15 For expenses necessary to carry out the Presidential

16 Transition Act of 1963, as amended (3 U.S.C. 102 note),

17 $5,600,000.

18 GENERAL PROVISIONS—GENERAL SERVICES

19 ADMINISTRATION

20 SECTION 401. The appropriate appropriation or fund

21 available to the General Services Administration shall be

22 credited with the cost of operation, protection, mainte23 nance, upkeep, repair, and improvement, included as part

24 of rentals received from Government corporations pursu25 ant to law (40 U.S.C. 129).
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HR 3756 RFS

1 SEC. 402. Funds available to the General Services

2 Administration shall be available for the hire of passenger

3 motor vehicles.

4 SEC. 403. Funds in the Federal Buildings Fund

5 made available for fiscal year 1997 for Federal Buildings

6 Fund activities may be transferred between such activities

7 only to the extent necessary to meet program require8 ments: Provided, That any proposed transfers shall be ap9 proved in advance by the Committees on Appropriations

10 of the House and Senate.

11 SEC. 404. Section 10 of the General Services Admin12 istration General Provisions, Public Law 100–440, dated

13 September 22, 1988, is hereby repealed.

14 SEC. 405. No funds made available by this Act shall

15 be used to transmit a fiscal year 1998 request for United

16 States Courthouse construction that does not meet the de17 sign guide standards for construction as established by the

18 General Services Administration, the Judicial Conference

19 of the United States, and the Office of Management and

20 Budget and does not reflect the priorities of the Judicial

21 Conference of the United States as set out in its approved

22 5-year construction plan: Provided, That the request must

23 be accompanied by a standardized courtroom utilization

24 study of each facility to be replaced or expanded.
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1 SEC. 406. None of the funds provided in this Act may

2 be used to implement a plan for the Ronald Reagan Build3 ing (International Trade Center, Washington, D.C.) which

4 would permit the Woodrow Wilson Center to pay the Gen5 eral Services Administration less than the rate per square

6 foot assessment for space and services which is paid by

7 other Federal entities.

8 SEC. 407. None of the funds provided in this Act may

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

10 provide cleaning services, security enhancements, or any

11 other service usually provided through the Federal Build12 ings Fund, to any agency which does not pay the re13 quested rate per square foot assessment for space and

14 services as determined by the General Services Adminis15 tration in compliance with the Public Buildings Amend16 ments Act of 1972 (Public Law 92–313).

17 SEC. 408. The Administrator of the General Services

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

19 on the United States Courthouse Annex, Savannah, Geor20 gia project are compatible with the existing Savannah

21 Federal Building-U.S. Courthouse fascade, in order to en22 sure compatibility of this new facility with the Savannah

23 historic district and to ensure that the Annex will not en24 danger the National Landmark status of the Savannah

25 historic district.
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1 JOHN F. KENNEDY ASSASSINATION RECORDS REVIEW

2 BOARD

3 For necessary expenses to carry out the John F. Ken4 nedy Assassination Records Collection Act of 1992,

5 $2,150,000.

6 MERIT SYSTEMS PROTECTION BOARD

7 SALARIES AND EXPENSES

8 (INCLUDING TRANSFER OF FUNDS)

9 For necessary expenses to carry out functions of the

10 Merit Systems Protection Board pursuant to Reorganiza11 tion Plan Numbered 2 of 1978 and the Civil Service Re12 form Act of 1978, including services as authorized by 5

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

14 of Columbia and elsewhere, hire of passenger motor vehi15 cles, and direct procurement of survey printing,

16 $23,297,000, together with not to exceed $2,430,000 for

17 administrative expenses to adjudicate retirement appeals

18 to be transferred from the Civil Service Retirement and

19 Disability Fund in amounts determined by the Merit Sys20 tems Protection Board.

21 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

22 OPERATING EXPENSES

23 For necessary expenses in connection with the admin24 istration of the National Archives (including the Informa25 tion Security Oversight Office) and records and related ac-
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1 tivities, as provided by law, and for expenses necessary

2 for the review and declassification of documents, and for

3 the hire of passenger motor vehicles, $195,109,000: Pro4 vided, That the Archivist of the United States is author5 ized to use any excess funds available from the amount

6 borrowed for construction of the National Archives facil7 ity, for expenses necessary to move into the facility.

8 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

9 (RESCISSION)

10 Of the funds made available under this heading in

11 Public Law 104–52, $4,500,000 are rescinded.

12 ARCHIVES FACILITIES AND PRESIDENTIAL LIBRARIES

13 REPAIRS AND RESTORATION

14 For the repair, alteration, and improvement of ar15 chives facilities and presidential libraries, $9,500,000 to

16 remain available until expended.

17 NATIONAL HISTORICAL PUBLICATIONS AND RECORDS

18 COMMISSION

19 GRANTS PROGRAM

20 For necessary expenses for allocations and grants for

21 historical publications and records as authorized by 44

22 U.S.C. 2504, as amended, $4,000,000 to remain available

23 until expended.
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1 OFFICE OF GOVERNMENT ETHICS

2 SALARIES AND EXPENSES

3 For necessary expenses to carry out functions of the

4 Office of Government Ethics pursuant to the Ethics in

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

6 598, and the Ethics Reform Act of 1989, Public Law 101–

7 194, including services as authorized by 5 U.S.C. 3109,

8 rental of conference rooms in the District of Columbia and

9 elsewhere, hire of passenger motor vehicles, and not to ex10 ceed $1,500 for official reception and representation ex11 penses; $8,078,000.

12 OFFICE OF PERSONNEL MANAGEMENT

13 SALARIES AND EXPENSES

14 (INCLUDING TRANSFER OF TRUST FUNDS)

15 For necessary expenses to carry out functions of the

16 Office of Personnel Management pursuant to Reorganiza17 tion Plan Numbered 2 of 1978 and the Civil Service Re18 form Act of 1978, including services as authorized by 5

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

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

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

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

23 reception and representation expenses; advances for reim24 bursements to applicable funds of the Office of Personnel

25 Management and the Federal Bureau of Investigation for
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1 expenses incurred under Executive Order 10422 of Janu2 ary 9, 1953, as amended; and payment of per diem and/

3 or subsistence allowances to employees where Voting

4 Rights Act activities require an employee to remain over5 night at his or her post of duty; $86,576,000; and in addi6 tion $93,486,000 for administrative expenses, to be trans7 ferred from the appropriate trust funds of the Office of

8 Personnel Management without regard to other statutes,

9 including direct procurement of printing materials for an10 nuitants, for the retirement and insurance programs, of

11 which $2,250,000 shall be transferred at such times as

12 the Office of Personnel Management deems appropriate,

13 and shall remain available until expended for the costs of

14 automating the retirement recordkeeping systems, to15 gether with remaining amounts authorized in previous

16 Acts for the recordkeeping systems: Provided, That the

17 provisions of this appropriation shall not affect the author18 ity to use applicable trust funds as provided by section

19 8348(a)(1)(B) of title 5, United States Code: Provided

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

21 8902a(f)(1) and (i), no payment may be made from the

22 Employees Health Benefits Fund to any physician, hos23 pital, or other provider of health care services or supplies

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

25 to an individual covered under chapter 89 of title 5, Unit-
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1 ed States Code, excluded, pursuant to section 1128 or

2 1128A of the Social Security Act (42 U.S.C. 1320a–7–

3 1320a–7a), from participation in any program under title

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

5 Provided further, That no part of this appropriation shall

6 be available for salaries and expenses of the Legal Exam7 ining Unit of the Office of Personnel Management estab8 lished pursuant to Executive Order 9358 of July 1, 1943,

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

10 That the President’s Commission on White House Fel11 lows, established by Executive Order 11183 of October 3,

12 1964, may, during the fiscal year ending September 30,

13 1997, accept donations of money, property, and personal

14 services in connection with the development of a publicity

15 brochure to provide information about the White House

16 Fellows, except that no such donations shall be accepted

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

18 salaries of employees of such Commission.

19 GENERAL PROVISIONS—OFFICE OF PERSONNEL

20 MANAGEMENT

21 SEC. 421. The first sentence of section 1304(e)(1)

22 of title 5, United States Code, is amended by inserting

23 after ‘‘basis’’ the following ‘‘, including personnel manage24 ment services performed at the request of individual agen25 cies (which would otherwise be the responsibility of such
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1 agencies), or at the request of nonappropriated fund in2 strumentalities’’.

3 OFFICE OF INSPECTOR GENERAL

4 SALARIES AND EXPENSES

5 (INCLUDING TRANSFER OF TRUST FUNDS)

6 For necessary expenses of the Office of Inspector

7 General in carrying out the provisions of the Inspector

8 General Act, as amended, including services as authorized

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

10 $960,000; and in addition, not to exceed $8,645,000 for

11 administrative expenses to audit the Office of Personnel

12 Management’s retirement and insurance programs, to be

13 transferred from the appropriate trust funds of the Office

14 of Personnel Management, as determined by the Inspector

15 General: Provided, That the Inspector General is author16 ized to rent conference rooms in the District of Columbia

17 and elsewhere.

18 REVOLVING FUND

19 For reducing any accumulated deficit in the accounts

20 of the revolving fund established under 5 U.S.C. 1304(e),

21 $4,755,000.

22 GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES

23 HEALTH BENEFITS

24 For payment of Government contributions with re25 spect to retired employees, as authorized by chapter 89

26 of title 5, United States Code, and the Retired Federal
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1 Employees Health Benefits Act (74 Stat. 849), as amend2 ed, such sums as may be necessary.

3 GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE

4 LIFE INSURANCE

5 For payment of Government contributions with re6 spect to employees retiring after December 31, 1989, as

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

8 sums as may be necessary.

9 PAYMENT TO CIVIL SERVICE RETIREMENT AND

10 DISABILITY FUND

11 For financing the unfunded liability of new and in12 creased annuity benefits becoming effective on or after Oc13 tober 20, 1969, as authorized by 5 U.S.C. 8348, and an14 nuities under special Acts to be credited to the Civil Serv15 ice Retirement and Disability Fund, such sums as may

16 be necessary: Provided, That annuities authorized by the

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

18 19, 1950, as amended (33 U.S.C. 771–75), may hereafter

19 be paid out of the Civil Service Retirement and Disability

20 Fund.

21 OFFICE OF SPECIAL COUNSEL

22 SALARIES AND EXPENSES

23 For necessary expenses to carry out functions of the

24 Office of Special Counsel pursuant to Reorganization Plan

25 Numbered 2 of 1978, the Civil Service Reform Act of
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1 1978 (Public Law 95–454), the Whistleblower Protection

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

3 and the Uniformed Services Employment and Reemploy4 ment Act of 1994 (Public Law 103–353), including serv5 ices as authorized by 5 U.S.C. 3109, payment of fees and

6 expenses for witnesses, rental of conference rooms in the

7 District of Columbia and elsewhere, and hire of passenger

8 motor vehicles; $7,840,000.

9 UNITED STATES TAX COURT

10 SALARIES AND EXPENSES

11 For necessary expenses, including contract reporting

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

13 $33,269,000: Provided, That travel expenses of the judges

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

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

16 Appropriations Act, 1997’’.

17 TITLE V—GENERAL PROVISIONS

18 THIS ACT

19 SECTION 501. No part of any appropriation con20 tained in this Act shall remain available for obligation be21 yond the current fiscal year unless expressly so provided

22 herein.

23 SEC. 502. The expenditure of any appropriation

24 under this Act for any consulting service through procure25 ment contract, pursuant to 5 U.S.C. 3109, shall be limited
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1 to those contracts where such expenditures are a matter

2 of public record and available for public inspection, except

3 where otherwise provided under existing law, or under ex4 isting Executive order issued pursuant to existing law.

5 SEC. 503. None of the funds made available to the

6 General Services Administration pursuant to section

7 210(f) of the Federal Property and Administrative Serv8 ices Act of 1949 shall be obligated or expended after the

9 date of enactment of this Act for the procurement by con10 tract of any guard, elevator operator, messenger or custo11 dial services if any permanent veterans preference em12 ployee of the General Services Administration at said date,

13 would be terminated as a result of the procurement of

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

15 expended for the procurement by contract of the covered

16 services with sheltered workshops employing the severely

17 handicapped under Public Law 92–28. Only if such work18 shops decline to contract for the provision of the covered

19 services may the General Services Administration procure

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

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

22 expires or is terminated for any reason, the General Serv23 ices Administration shall again offer to contract for the

24 services from a sheltered workshop prior to offering such

25 services for competitive procurement.
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1 SEC. 504. None of the funds made available by this

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

3 salary of any Government employee where funding an ac4 tivity or paying a salary to a Government employee would

5 result in a decision, determination, rule, regulation, or pol6 icy that would prohibit the enforcement of section 307 of

7 the Tariff Act of 1930.

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

9 Act shall be available for the purpose of transferring con10 trol over the Federal Law Enforcement Training Center

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

12 of the Treasury Department.

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

14 this Act shall be used for publicity or propaganda purposes

15 within the United States not heretofore authorized by the

16 Congress.

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

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

19 of any officer or employee of the United States Postal

20 Service, who—

21 (1) prohibits or prevents, or attempts or threat22 ens to prohibit or prevent, any officer or employee

23 of the United States Postal Service from having any

24 direct oral or written communication or contact with

25 any Member or committee of Congress in connection
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1 with any matter pertaining to the employment of

2 such officer or employee or pertaining to the United

3 States Postal Service in any way, irrespective of

4 whether such communication or contact is at the ini5 tiative of such officer or employee or in response to

6 the request or inquiry of such Member or committee;

7 or

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

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

10 performance of efficiency rating, denies promotion

11 to, relocates, reassigns, transfers, disciplines, or dis12 criminates in regard to any employment right, enti13 tlement, or benefit, or any term or condition of em14 ployment of, any officer or employee of the United

15 States Postal Service, or attempts or threatens to

16 commit any of the foregoing actions with respect to

17 such officer or employee, by reason of any commu18 nication or contact of such officer or employee with

19 any Member or committee of Congress as described

20 in paragraph (1).

21 SEC. 508. The Office of Personnel Management may,

22 during the fiscal year ending September 30, 1997, accept

23 donations of supplies, services, land, and equipment for

24 the Federal Executive Institute and Management Develop-
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1 ment Centers to assist in enhancing the quality of Federal

2 management.

3 SEC. 509. The United States Secret Service may,

4 during the fiscal year ending September 30, 1997, and

5 hereafter, accept donations of money to off-set costs in6 curred while protecting former Presidents and spouses of

7 former Presidents when the former President or spouse

8 travels for the purpose of making an appearance or speech

9 for a payment of money or any thing of value.

10 SEC. 510. No part of any appropriation contained in

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

12 filling a position, other than a temporary position, for13 merly held by an employee who has left to enter the Armed

14 Forces of the United States and has satisfactorily com15 pleted his period of active military or naval service and

16 has within 90 days after his release from such service or

17 from hospitalization continuing after discharge for a pe18 riod of not more than 1 year made application for restora19 tion to his former position and has been certified by the

20 Office of Personnel Management as still qualified to per21 form the duties of his former position and has not been

22 restored thereto.

23 SEC. 511. None of the funds made available in this

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

25 such as mailing or telephone lists to any person or any
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1 organization outside of the Federal Government without

2 the approval of the House and Senate Committees on Ap3 propriations.

4 SEC. 512. No funds appropriated pursuant to this

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

6 that in expending the assistance the entity will comply

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

8 (41 U.S.C. 10a–10c, popularly known as the ‘‘Buy Amer9 ican Act’’).

10 SEC. 513. (a) PURCHASE OF AMERICAN-MADE

11 EQUIPMENT AND PRODUCTS.—In the case of any equip12 ment or products that may be authorized to be purchased

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

14 sense of the Congress that entities receiving such assist15 ance should, in expending the assistance, purchase only

16 American-made equipment and products.

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

18 providing financial assistance under this Act, the Sec19 retary of the Treasury shall provide to each recipient of

20 the assistance a notice describing the statement made in

21 subsection (a) by the Congress.

22 SEC. 514. If it has been finally determined by a court

23 or Federal agency that any person intentionally affixed a

24 label bearing a ‘‘Made in America’’ inscription, or any in25 scription with the same meaning, to any product sold in
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1 or shipped to the United States that is not made in the

2 United States, such person shall be ineligible to receive

3 any contract or subcontract made with funds provided

4 pursuant to this Act, pursuant to the debarment, suspen5 sion, and ineligibility procedures described in section

6 9.400 through 9.409 of title 48, Code of Federal Regula7 tions.

8 SEC. 515. Except as otherwise specifically provided

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

10 remaining available at the end of fiscal year 1997 from

11 appropriations made available for salaries and expenses

12 for fiscal year 1997 in this Act, shall remain available

13 through September 30, 1998, for each such account for

14 the purposes authorized: Provided, That a request shall

15 be submitted to the House and Senate Committees on Ap16 propriations for approval prior to the expenditure of such

17 funds.

18 SEC. 516. Where appropriations in this Act are ex19 pendable for travel expenses of employees and no specific

20 limitation has been placed thereon, the expenditures for

21 such travel expenses may not exceed the amount set forth

22 in the budget estimates submitted for appropriations with23 out the advance approval of the House and Senate Com24 mittees on Appropriations: Provided, That this section

25 shall not apply to travel performed by uncompensated offi-
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1 cials of local boards and appeal boards in the Selective

2 Service System; to travel performed directly in connection

3 with care and treatment of medical beneficiaries of the De4 partment of Veterans Affairs; to travel of the Office of

5 Personnel Management in carrying out its observation re6 sponsibilities of the Voting Rights Act; or to payments to

7 interagency motor pools separately set forth in the budget

8 schedules.

9 SEC. 517. Notwithstanding any other provision of law

10 or regulation during the fiscal year ending September 30,

11 1997, and thereafter:

12 (1) The authority of the special police officers

13 of the Bureau of Engraving and Printing, in the

14 Washington, DC Metropolitan area, extends to

15 buildings and land under the custody and control of

16 the Bureau; to buildings and land acquired by or for

17 the Bureau through lease, unless otherwise provided

18 by the acquisition agency; to the streets, sidewalks

19 and open areas immediately adjacent to the Bureau

20 along Wallenberg Place (15th Street) and 14th

21 Street between Independence and Maine Avenues

22 and C and D Streets between 12th and 14th

23 Streets; to areas which include surrounding parking

24 facilities used by Bureau employees, including the

25 lots at 12th and C Streets, SW, Maine Avenue and
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1 Water Streets, SW, Maiden Lane, the Tidal Basin

2 and East Potomac Park; to the protection in transit

3 of United States securities, plates and dies used in

4 the production of United States securities, or other

5 products or implements of the Bureau of Engraving

6 and Printing which the Director of that agency so

7 designates.

8 (2) The authority of the special police officers

9 of the United States Mint extends to the buildings

10 and land under the custody and control of the Mint;

11 to the streets, sidewalks and open areas in the vicin12 ity to such facilities; to surrounding parking facili13 ties used by Mint employees; and to the protection

14 in transit of bullion, coins, dies, and other property

15 and assets of, or in the custody of, the Mint.

16 (3) The exercise of police authority by Bureau

17 or Mint officers, with the exception of the exercise

18 of authority upon property under the custody and

19 control of the Bureau or the Mint, respectively, shall

20 be deemed supplementary to the Federal police force

21 with primary jurisdictional responsibility. This au22 thority shall be in addition to any other law enforce23 ment authority which has been provided to these of24 ficers under other provisions of law or regulations.
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1 SEC. 518. No funds appropriated by this Act shall

2 be available to pay for an abortion, or the administrative

3 expenses in connection with any health plan under the

4 Federal employees health benefit program which provides

5 any benefits or coverage for abortions.

6 SEC. 519. The provision of section 518 shall not

7 apply where the life of the mother would be endangered

8 if the fetus were carried to term, or the pregnancy is the

9 result of an act of rape or incest.

10 SEC. 520. No part of any appropriation made avail11 able in this Act shall be used to implement Bureau of Al12 cohol, Tobacco and Firearms Ruling TD ATF–360; Re:

13 Notice Nos. 782, 780, 91F009P.

14 SEC. 521. Notwithstanding title 5, United States

15 Code, Personal Service Contractors (PSC) employed by

16 the Department of the Treasury for assignment in a coun17 try other than the United States, shall be considered as

18 Federal Government employees for purposes of making

19 available Federal employee health and life insurance.

20 SEC. 522. Section 5131 of title 31, United States

21 Code, is amended by striking subsection (c); and by redes22 ignating subsection (d) as subsection (c).

23 SEC. 523. Section 5112(i)(4) of title 31, United

24 States Code, is amended by adding at the end the follow25 ing new subparagraph:
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1 ‘‘(C) The Secretary may continue to mint and issue

2 coins in accordance with the specifications contained in

3 paragraphs (7), (8), (9), and (10) of subsection (a) and

4 paragraph (1)(A) of this subsection at the same time the

5 Secretary in minting and issuing other bullion and proof

6 gold coins under this subsection in accordance with such

7 program procedures and coin specifications, designs, vari8 eties, quantities, denominations, and inscriptions as the

9 Secretary, in the Secretary’s discretion, may prescribe

10 from time to time.’’: Provided, That profits generated

11 from the sale of gold to the United States Mint for this

12 program shall be considered as a receipt to be deposited

13 into the General Fund of the Treasury.

14 SEC. 524. Section 5112 of title 31, United States

15 Code, is amended by adding at the end the following new

16 subsection:

17 ‘‘(k) The Secretary may mint and issue bullion and

18 proof platinum coins in accordance with such specifica19 tions, designs, varieties, quantities, denominations, and in20 scriptions as the Secretary, in the Secretary’s discretion,

21 may prescribe from time to time.’’: Provided, That the

22 Secretary is authorized to use Government platinum re23 serves stockpiled at the United States Mint as working

24 inventory and shall ensure that reserves utilized are re25 placed by the Mint.
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1 SEC. 525. VOLUNTARY SEPARATION INCENTIVES

2 FOR EMPLOYEES OF CERTAIN FEDERAL AGENCIES.—(a)

3 DEFINITIONS.—For the purposes of this section—

4 (1) the term ‘‘agency’’ means the Internal Rev5 enue Service, the Bureau of Alcohol, Tobacco and

6 Firearms, and the United States Customs Service;

7 (2) the term ‘‘employee’’ means an employee

8 (as defined by section 2105 of title 5, United States

9 Code) who is employed by an agency, is serving

10 under an appointment without time limitation, and

11 has been currently employed for a continuous period

12 of at least 12 months, but does not include—

13 (A) any employee who, upon separation

14 and application, would then be eligible for an

15 immediate annuity under subchapter III of

16 chapter 83 or chapter 84 of title 5, United

17 States Code, or another retirement system for

18 employees of the agency;

19 (B) a reemployed annuitant under sub20 chapter III of chapter 83 or chapter 84 of title

21 5, United States Code, or another retirement

22 system for employees of the agency;

23 (C) an employee having a disability on the

24 basis of which such employee is or would be eli25 gible for disability retirement under the applica-
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1 ble retirement system referred to in subpara2 graph (A);

3 (D) an employee who is in receipt of a spe4 cific notice of involuntary separation for mis5 conduct or unacceptable performance;

6 (E) an employee who, upon completing an

7 additional period of service is referred to in sec8 tion 3(b)(2)(B)(ii) of the Federal Workforce

9 Restructuring Act of 1994 (5 U.S.C. 5597

10 note), would qualify for a voluntary separation

11 incentive payment under section 3 of such Act;

12 (F) an employee who has previously re13 ceived any voluntary separation incentive pay14 ment by the Federal Government under this

15 section or any other authority and has not re16 paid such payment;

17 (G) an employee covered by statutory re18 employment rights who is on transfer to an19 other organization; or

20 (H) any employee who, during the twenty

21 four month period preceding the date of separa22 tion, has received a recruitment or relocation

23 bonus under section 5753 of title 5, United

24 States Code, or who, within the twelve month

25 period preceding the date of separation, re-
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1 ceived a retention allowable under section 5754

2 of title 5, United States Code.

3 (b) AGENCY STRATEGIC PLAN.—

4 (1) IN GENERAL.—The head of each agency,

5 prior to obligating any resources for voluntary sepa6 ration incentive payments, shall submit to the House

7 and Senate Committees on Appropriations and the

8 Committee on Governmental Affairs of the Senate

9 and the Committee on Government Reform and

10 Oversight of the House of Representatives a strate11 gic plan outlining the intended use of such incentive

12 payments and a proposed organizational chart for

13 the agency once such incentive payments have been

14 completed.

15 (2) CONTENTS.—The agency’s plan shall in16 clude—

17 (A) the positions and functions to be re18 duced or eliminated, identified by organizational

19 unit, geographic location, occupational category

20 and grade level;

21 (B) the number and amounts of voluntary

22 separation incentive payments to be offered;

23 and
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1 (C) a description of how the agency will

2 operate without the eliminated positions and

3 functions.

4 (c) AUTHORITY TO PROVIDE VOLUNTARY SEPARA5 TION INCENTIVE PAYMENTS.—

6 (1) IN GENERAL.—A voluntary separation in7 centive payment under this section may be paid by

8 an agency to any employee only to the extent nec9 essary to eliminate the positions and functions iden10 tified by the strategic plan.

11 (2) AMOUNT AND TREATMENT OF PAYMENTS.—

12 A voluntary separation incentive payment—

13 (A) shall be paid in a lump sum after the

14 employee’s separation;

15 (B) shall be paid from appropriations or

16 funds available for the payment of the basic pay

17 of the employees;

18 (C) shall be equal to the lesser of—

19 (i) an amount equal to the amount

20 the employee would be entitled to receive

21 under section 5595(c) of title 5, United

22 States Code; or

23 (ii) an amount determined by the

24 agency head not to exceed $25,000;
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1 (D) may not be made except in the case of

2 any qualifying employee who voluntarily sepa3 rates (whether by retirement or resignation) be4 fore March 31, 1997;

5 (E) shall not be a basis for payment, and

6 shall not be included in the computation, of any

7 other type of Government benefit; and

8 (F) shall not be taken into account in de9 termining the amount of any severance pay to

10 which the employee may be entitled under sec11 tion 5595 of title 5, United States Code, based

12 on any other separation.

13 (d) ADDITIONAL AGENCY CONTRIBUTIONS TO THE

14 RETIREMENT FUND.—

15 (1) IN GENERAL.—In addition to any other

16 payments which it is required to make under sub17 chapter III of chapter 83 of title 5, United States

18 Code, an agency shall remit to the Office of Person19 nel Management for deposit in the Treasury of the

20 United States to the credit of the Civil Service Re21 tirement and Disability Fund an amount equal to 15

22 percent of the final basic pay of each employee of

23 the agency who is covered under subchapter III of

24 chapter 83 or chapter 84 of title 5, United States
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1 Code, to whom a voluntary separation incentive has

2 been paid under this section.

3 (2) DEFINITION.—For the purpose of para4 graph (1), the term ‘‘final basic pay’’, with respect

5 to an employee, means the total amount of basic pay

6 which would be payable for a year of service by such

7 employee, computed using the employee’s final rate

8 of basic pay, and, if last serving on other than a

9 full-time basis, with appropriate adjustment there10 for.

11 (e) EFFECT OF SUBSEQUENT EMPLOYMENT WITH

12 THE GOVERNMENT.—An individual who has received a

13 voluntary separation incentive payment under this section

14 and accepts any employment for compensation with the

15 Government of the United States, or who works for any

16 agency of the United States Government through a per17 sonal services contract, within 5 years after the date of

18 the separation on which the payment is based shall be re19 quired to pay, prior to the individual’s first day of employ20 ment, the entire amount of the incentive payment to the

21 agency that paid the incentive payment.

22 (f) REDUCTION OF AGENCY EMPLOYMENT LEV23 ELS.—

24 (1) IN GENERAL.—The total number of funded

25 employee positions in the agency shall be reduced by
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1 one position for each vacancy created by the separa2 tion of any employee who has received, or is due to

3 receive, a voluntary separation incentive payment

4 under this section. For the purposes of this sub5 section, positions shall be counted on a full-time6 equivalent basis.

7 (2) ENFORCEMENT.—The President, through

8 the Office of Management and Budget, shall monitor

9 the agency and take any action necessary to ensure

10 that the requirements of this subsection are met.

11 (g) EFFECTIVE DATE.—This section shall take effect

12 October 1, 1996.

13 SEC. 525A. VOLUNTARY SEPARATION INCENTIVES

14 FOR EMPLOYEES OF THE UNITED STATES AGENCY FOR

15 INTERNATIONAL DEVELOPMENT.—

16 (a) AUTHORITY.—The United States Agency for

17 International Development is authorized to offer voluntary

18 separation incentive payments to no more than 100 of its

19 employees in accordance with section 525 of this Act.

20 (b) EXCEPTION.—Section 525(a)(2)(A) of this Act

21 shall not apply to an employee of the United States Agen22 cy for International Development who, upon separation

23 and application, would be eligible for an immediate annu24 ity under sections 8336(d)(2) and 8414(b)(1)(B) of title

25 5, United States Code.
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1 (c) EFFECTIVE DATE.—This section shall take effect

2 on the date of enactment of this Act.

3 SEC. 526. That provisions of law governing procure4 ment or public contracts shall not be applicable to the pro5 curement of goods or services necessary for carrying out

6 Bureau of Engraving and Printing program and oper7 ation: Provided, That the authority contained in this provi8 sion shall expire on September 30, 1999.

9 SEC. 527. The United States Mint is hereby author10 ized to establish a demonstration project under the au11 thorities of title V, U.S.C., chapter 47: Provided, That the

12 Director of the United States Mint shall be appointed by

13 the President, by and with the advice and consent of the

14 Senate; the Director shall serve on the basis of a six-year

15 contract, which may be renewed, so long as the Director’s

16 performance, as set forth in an annual performance agree17 ment with the Secretary of the Treasury, is satisfactory;

18 and the Director shall receive as basic compensation for

19 a calendar year an amount equal to the annual rate of

20 basic pay for level I of the Executive Schedule under sec21 tion 5312 of title 5 and, in addition, may receive an an22 nual bonus awarded by the Secretary, based upon the Sec23 retary’s evaluation of the Director’s performance in ac24 cordance with the performance agreement.
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1 SEC. 528. (a) REIMBURSEMENT OF CERTAIN ATTOR2 NEY FEES AND COSTS.—

3 (1) IN GENERAL.—The Secretary of the Treas4 ury shall pay from amounts appropriated in title I

5 of this Act under the heading, ‘‘Departmental Of6 fices, Salaries and Expenses’’, up to $500,000 to re7 imburse former employees of the White House Trav8 el Office whose employment in that Office was ter9 minated on May 19, 1993, for any attorney fees and

10 costs they incurred with respect to that termination.

11 (2) VERIFICATION REQUIRED.—The Secretary

12 shall pay an individual in full under paragraph (1)

13 upon submission by the individual of documentation

14 verifying the attorney fees and costs.

15 (3) NO INFERENCE OF LIABILITY.—Liability of

16 the United States shall not be inferred from enact17 ment of or payment under this subsection.

18 (b) LIMITATION ON FILING OF CLAIMS.—The Sec19 retary of the Treasury shall not pay any claim filed under

20 this section that is filed later than 120 days after the date

21 of the enactment of this Act.

22 (c) REDUCTION.—The amount paid pursuant to this

23 section to an individual for attorney fees and costs de24 scribed in subsection (a) shall be reduced by any amount

25 received before the date of the enactment of this Act, with-
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1 out obligation for repayment by the individual, for pay2 ment of such attorney fees and costs (including any

3 amount received from the funds appropriated for the indi4 vidual in the matter relating to the ‘‘Office of the General

5 Counsel’’ under the heading ‘‘Office of the Secretary’’ in

6 title I of the Department of Transportation and Related

7 Agencies Appropriations Act, 1994).

8 (d) PAYMENT IN FULL SETTLEMENT OF CLAIMS

9 AGAINST THE UNITED STATES.—Payment under this sec10 tion, when accepted by an individual described in sub11 section (a), shall be in full satisfaction of all claims of,

12 or on behalf of, the individual against the United States

13 that arose out of the termination of the White House

14 Travel Office employment of that individual on May 19,

15 1993.

16 SEC. 529. None of the funds made available in this

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

18 to request from the Federal Bureau of Investigation any

19 official background investigation report on any individual,

20 except when it is made known to the Federal official hav21 ing authority to obligate or expend such funds that—

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

23 written consent for such request not more than 6

24 months prior to the date of such request and during

25 the same presidential administration; or
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1 (2) such request is required due to extraor2 dinary circumstances involving national security.

3 TITLE VI—GENERAL PROVISIONS

4 DEPARTMENTS, AGENCIES, AND CORPORATIONS

5 SECTION 601. Funds appropriated in this or any

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

7 for the immediate family of employees serving abroad in

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

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

10 of the United States receiving appropriated funds under

11 this or any other Act for fiscal year 1997 shall obligate

12 or expend any such funds, unless such department, agen13 cy, or instrumentality has in place, and will continue to

14 administer in good faith, a written policy designed to en15 sure that all of its workplaces are free from the illegal

16 use, possession, or distribution of controlled substances

17 (as defined in the Controlled Substances Act) by the offi18 cers and employees of such department, agency, or instru19 mentality.

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

21 agency, department or instrumentality of the United

22 States which provides or proposes to provide child care

23 services for Federal employees may reimburse any Federal

24 employee or any person employed to provide such services

25 for travel, transportation, and subsistence expenses in-
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1 curred for training classes, conferences or other meetings

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

3 That any per diem allowance made pursuant to this sec4 tion shall not exceed the rate specified in regulations pre5 scribed pursuant to section 5707 of title 5, United States

6 Code.

7 SEC. 604. Unless otherwise specifically provided, the

8 maximum amount allowable during the current fiscal year

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

10 (60 Stat. 810), for the purchase of any passenger motor

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

12 and undercover surveillance vehicles), is hereby fixed at

13 $8,100 except station wagons for which the maximum

14 shall be $9,100: Provided, That these limits may be ex15 ceeded by not to exceed $3,700 for police-type vehicles,

16 and by not to exceed $4,000 for special heavy-duty vehi17 cles: Provided further, That the limits set forth in this sec18 tion may not be exceeded by more than 5 percent for elec19 tric or hybrid vehicles purchased for demonstration under

20 the provisions of the Electric and Hybrid Vehicle Re21 search, Development, and Demonstration Act of 1976:

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

23 may be exceeded by the incremental cost of clean alter24 native fuels vehicles acquired pursuant to Public Law
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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 expenses

6 of the activity concerned, are hereby made available for

7 quarters allowances and cost-of-living allowances, in ac8 cordance 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)
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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

4 qualifys for adjustment of status pursuant to the Chinese

5 Student Protection Act of 1992: Provided, That for the

6 purpose of this section, an affidavit signed by any such

7 person shall be considered prima facie evidence that the

8 requirements of this section with respect to his or her sta9 tus have been complied with: Provided further, That any

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

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

12 or 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 the 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.
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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 recovered through recycling or waste prevention programs.

15 Such funds shall be available until expended for the follow16 ing purposes:

17 (1) Acquisition, waste reduction and prevention,

18 and recycling programs as described in Executive

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

20 programs adopted prior to the effective date of the

21 Executive Order.

22 (2) Other Federal agency environmental man23 agement programs, including, but not limited to, the

24 development and implementation of hazardous waste

25 management and pollution prevention programs.
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1 (3) Other employee programs as authorized by

2 law or as deemed appropriate by the head of the

3 Federal agency.

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

5 Act for administrative expenses in the current fiscal year

6 of the corporations and agencies subject to chapter 91 of

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

8 to objects for which such funds are otherwise available,

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

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

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

12 expenditure of such funds unless otherwise specified in the

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

14 the event any functions budgeted as administrative ex15 penses are subsequently transferred to or paid from other

16 funds, the limitations on administrative expenses shall be

17 correspondingly reduced.

18 SEC. 610. No part of any appropriation for the cur19 rent fiscal year contained in this or any other Act shall

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

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

22 voted not to approve the nomination of said person.

23 SEC. 611. For the fiscal year ending September 30,

24 1997, and thereafter, any department or agency to which

25 the Administrator of General Services has delegated the
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1 authority to operate, maintain or repair any building or

2 facility pursuant to section 205(d) of the Federal Property

3 and Administrative Services Act of 1949, as amended,

4 shall retain that portion of the GSA rental payment avail5 able for operation, maintenance or repair of the building

6 or facility, as determined by the Administrator, and ex7 pend such funds directly for the operation, maintenance

8 or repair of the building or facility. Any funds retained

9 under this section shall remain available until expended

10 for such purposes.

11 SEC. 612. (a) IN GENERAL.—Section 1306 of title

12 31, United States Code, is amended to read as follows:

13 ‘‘§ 1306. Use of foreign credits

14 ‘‘(a) IN GENERAL.—Foreign credits (including cur15 rencies) owed to or owned by the United States may be

16 used by any agency for any purpose for which appropria17 tions are made for the agency for the current fiscal year

18 (including the carrying out of Acts requiring or authoriz19 ing the use of such credits), but only when reimbursement

20 therefor is made to the Treasury from applicable appro21 priations of the agency.

22 ‘‘(b) EXCEPTION TO REIMBURSEMENT REQUIRE23 MENT.—Credits described in subsection (a) that are re24 ceived as exchanged allowances, or as the proceeds of the

25 sale of personal property, may be used in whole or partial
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1 payment for the acquisition of similar items, to the extent

2 and in the manner authorized by law, without reimburse3 ment to the Treasury.’’.

4 (b) APPLICABILITY.—The amendment made by this

5 section shall take effect on the date of the enactment of

6 this Act and shall apply thereafter.

7 SEC. 613. No part of any appropriation contained in

8 this or any other Act shall be available for interagency

9 financing of boards, commissions, councils, committees, or

10 similar groups (whether or not they are interagency enti11 ties) which do not have a prior and specific statutory ap12 proval to receive financial support from more than one

13 agency or instrumentality.

14 SEC. 614. Funds made available by this or any other

15 Act to the ‘‘Postal Service Fund’’ (39 U.S.C. 2003) shall

16 be available for employment of guards for all buildings and

17 areas owned or occupied by the Postal Service and under

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

19 guards shall have, with respect to such property, the pow20 ers of special policemen provided by the first section of

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

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

23 the Postal Service, the Postmaster General may take the

24 same actions as the Administrator of General Services

25 may take under the provisions of sections 2 and 3 of the
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1 Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C.

2 318a, 318b), attaching thereto penal consequences under

3 the authority and within the limits provided in section 4

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

5 40 U.S.C. 318c).

6 SEC. 615. None of the funds made available pursuant

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

8 administer, or enforce any regulation which has been dis9 approved pursuant to a resolution of disapproval duly

10 adopted in accordance with the applicable law of the Unit11 ed States.

12 SEC. 616. (a) Notwithstanding any other provision

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

14 no part of any of the funds appropriated for the fiscal

15 year ending on September 30, 1997, by this or any other

16 Act, may be used to pay any prevailing rate employee de17 scribed in section 5342(a)(2)(A) of title 5, United States

18 Code—

19 (1) during the period from the date of expira20 tion of the limitation imposed by section 616 of the

21 Treasury, Postal Service and General Government

22 Appropriations Act, 1996, until the normal effective

23 date of the applicable wage survey adjustment that

24 is to take effect in fiscal year 1997, in an amount

25 that exceeds the rate payable for the applicable
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1 grade and step of the applicable wage schedule in

2 accordance with such section 616; and

3 (2) during the period consisting of the remain4 der of fiscal year 1997, in an amount that exceeds,

5 as a result of a wage survey adjustment, the rate

6 payable under paragraph (1) by more than the sum

7 of—

8 (A) the percentage adjustment taking ef9 fect in fiscal year 1997 under section 5303 of

10 title 5, United States Code, in the rates of pay

11 under the General Schedule; and

12 (B) the difference between the overall aver13 age percentage of the locality-based comparabil14 ity payments taking effect in fiscal year 1997

15 under section 5304 of such title (whether by

16 adjustment or otherwise), and the overall aver17 age percentage of such payments which was ef18 fective in fiscal year 1996 under such section.

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

20 prevailing rate employee described in subparagraph (B) or

21 (C) of section 5342(a)(2) of title 5, United States Code,

22 and no employee covered by section 5348 of such title,

23 may be paid during the periods for which subsection (a)

24 is in effect at a rate that exceeds the rates that would
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1 be payable under subsection (a) were subsection (a) appli2 cable to such employee.

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

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

5 is paid from a schedule not in existence on September 30,

6 1996, shall be determined under regulations prescribed by

7 the Office of Personnel Management.

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

9 of premium pay for employees subject to this section may

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

11 1996, except to the extent determined by the Office of

12 Personnel Management to be consistent with the purpose

13 of this section.

14 (e) This section shall apply with respect to pay for

15 service performed after September 30, 1996.

16 (f) For the purpose of administering any provision

17 of law (including section 8431 of title 5, United States

18 Code, and any rule or regulation that provides premium

19 pay, retirement, life insurance, or any other employee ben20 efit) that requires any deduction or contribution, or that

21 imposes any requirement or limitation on the basis of a

22 rate of salary or basic pay, the rate of salary or basic pay

23 payable after the application of this section shall be treat24 ed as the rate of salary or basic pay.
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1 (g) Nothing in this section shall be considered to per2 mit or require the payment to any employee covered by

3 this section at a rate in excess of the rate that would be

4 payable were this section not in effect.

5 (h) The Office of Personnel Management may provide

6 for exceptions to the limitations imposed by this section

7 if the Office determines that such exceptions are necessary

8 to ensure the recruitment or retention of qualified employ9 ees.

10 SEC. 617. During the period in which the head of

11 any department or agency, or any other officer or civilian

12 employee of the Government appointed by the President

13 of the United States, holds office, no funds may be obli14 gated or expended in excess of $5,000 to furnish or re15 decorate the office of such department head, agency head,

16 officer or employee, or to purchase furniture or make im17 provements for any such office, unless advance notice of

18 such furnishing or redecoration is expressly approved by

19 the Committees on Appropriations of the House and Sen20 ate. For the purposes of this section, the word ‘‘office’’

21 shall include the entire suite of offices assigned to the indi22 vidual, as well as any other space used primarily by the

23 individual or the use of which is directly controlled by the

24 individual.
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1 SEC. 618. Notwithstanding any other provision of

2 law, no executive branch agency shall purchase, construct,

3 and/or lease any additional facilities, except within or con4 tiguous to existing locations, to be used for the purpose

5 of conducting Federal law enforcement training without

6 the advance approval of the House and Senate Committees

7 on Appropriations.

8 SEC. 619. Notwithstanding section 1346 of title 31,

9 United States Code, or section 613 of this Act, funds

10 made available for fiscal year 1997 by this or any other

11 Act shall be available for the interagency funding of na12 tional security and emergency preparedness telecommuni13 cations initiatives which benefit multiple Federal depart14 ments, agencies, or entities, as provided by Executive

15 Order Numbered 12472 (April 3, 1984).

16 SEC. 620. (a) None of the funds appropriated by this

17 or any other Act may be obligated or expended by any

18 Federal department, agency, or other instrumentality for

19 the salaries or expenses of any employee appointed to a

20 position of a confidential or policy-determining character

21 excepted from the competitive service pursuant to section

22 3302 of title 5, United States Code, without a certification

23 to the Office of Personnel Management from the head of

24 the Federal department, agency, or other instrumentality

25 employing the Schedule C appointee that the Schedule C
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1 position was not created solely or primarily in order to

2 detail the employee to the White House.

3 (b) The provisions of this section shall not apply to

4 Federal employees or members of the armed services de5 tailed to or from—

6 (1) the Central Intelligence Agency;

7 (2) the National Security Agency;

8 (3) the Defense Intelligence Agency;

9 (4) the offices within the Department of De10 fense for the collection of specialized national foreign

11 intelligence through reconnaissance programs;

12 (5) the Bureau of Intelligence and Research of

13 the Department of State;

14 (6) any agency, office, or unit of the Army,

15 Navy, Air Force, and Marine Corps, the Federal Bu16 reau of Investigation and the Drug Enforcement Ad17 ministration of the Department of Justice, the De18 partment of Transportation, the Department of the

19 Treasury, and the Department of Energy perform20 ing intelligence functions; and

21 (7) the Director of Central Intelligence.

22 SEC. 621. No department, agency, or instrumentality

23 of the United States receiving appropriated funds under

24 this or any other Act for fiscal year 1997 shall obligate

25 or expend any such funds, unless such department, agency
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1 or instrumentality has in place, and will continue to ad2 minister in good faith, a written policy designed to ensure

3 that all of its workplaces are free from discrimination and

4 sexual harassment and that all of its workplaces are not

5 in violation of title VII of the Civil Rights Act of 1964,

6 as amended, the Age Discrimination in Employment Act

7 of 1967, and the Rehabilitation Act of 1973.

8 SEC. 622. No part of any appropriation contained in

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

10 of employees, including employees of the Executive Office

11 of the President, not directly responsible for the discharge

12 of official governmental tasks and duties: Provided, That

13 this restriction shall not apply to the family of the Presi14 dent, Members of Congress or their spouses, Heads of

15 State of a foreign country or their designees, persons pro16 viding assistance to the President for official purposes, or

17 other individuals so designated by the President.

18 SEC. 623. Notwithstanding any provision of law, the

19 President, or his designee, must certify to Congress, annu20 ally, that no person or persons with direct or indirect re21 sponsibility for administering the Executive Office of the

22 President’s Drug-Free Workplace Plan are themselves

23 subject to a program of individual random drug testing.

24 SEC. 624. (a) None of the funds made available in

25 this Act or any other Act may be obligated or expended
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1 for any employee training when it is made known to the

2 Federal official having authority to obligate or expend

3 such funds that such employee training—

4 (1) does not meet identified needs for knowl5 edge, skills, and abilities bearing directly upon the

6 performance of official duties;

7 (2) contains elements likely to induce high lev8 els of emotional response or psychological stress in

9 some participants;

10 (3) does not require prior employee notification

11 of the content and methods to be used in the train12 ing and written end of course evaluation;

13 (4) contains any methods or content associated

14 with religious or quasi-religious belief systems or

15 ‘‘new age’’ belief systems as defined in Equal Em16 ployment Opportunity Commission Notice N–

17 915.022, dated September 2, 1988;

18 (5) is offensive to, or designed to change, par19 ticipants’ personal values or lifestyle outside the

20 workplace; or

21 (6) includes content related to human

22 immunodeficiency virus/acquired immune deficiency

23 syndrome (HIV/AIDS) other than that necessary to

24 make employees more aware of the medical ramifica-
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1 tions of HIV/AIDS and the workplace rights of

2 HIV-positive employees.

3 (b) Nothing in this section shall prohibit, restrict, or

4 otherwise preclude an agency from conducting training

5 bearing directly upon the performance of official duties.

6 SEC. 625. No funds appropriated in this or any other

7 Act for fiscal year 1997 may be used to implement or en8 force the agreements in Standard Forms 312 and 4355

9 of the Government or any other nondisclosure policy,

10 form, or agreement if such policy, form, or agreement does

11 not contain the following provisions: ‘‘These restrictions

12 are consistent with and do not supersede, conflict with,

13 or otherwise alter the employee obligations, rights, or li14 abilities created by Executive Order 12356; section 7211

15 of title 5, United States Code (governing disclosures to

16 Congress); section 1034 of title 10, United States Code,

17 as amended by the Military Whistleblower Protection Act

18 (governing disclosure to Congress by members of the mili19 tary); section 2302(b)(8) of title 5, United States Code,

20 as amended by the Whistleblower Protection Act (govern21 ing disclosures of illegality, waste, fraud, abuse or public

22 health or safety threats); the Intelligence Identities Pro23 tection Act of 1982 (50 U.S.C. 421 et seq.) (governing

24 disclosures that could expose confidential Government

25 agents); and the statutes which protect against disclosure
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1 that may compromise the national security, including sec2 tions 641, 793, 794, 798, and 952 of title 18, United

3 States Code, and section 4(b) of the Subversive Activities

4 Act of 1950 (50 U.S.C. section 783(b)). The definitions,

5 requirements, obligations, rights, sanctions, and liabilities

6 created by said Executive Order and listed statutes are

7 incorporated into this agreement and are controlling.’’:

8 Provided, That notwithstanding the preceding paragraph,

9 a nondisclosure policy form or agreement that is to be exe10 cuted by a person connected with the conduct of an intel11 ligence or intelligence-related activity, other than an em12 ployee or officer of the United States Government, may

13 contain provisions appropriate to the particular activity

14 for which such document is to be used. Such form or

15 agreement shall, at a minimum, require that the person

16 will not disclose any classified information received in the

17 course of such activity unless specifically authorized to do

18 so by the United States Government. Such nondisclosure

19 forms shall also make it clear that they do not bar disclo20 sures to Congress or to an authorized official of an execu21 tive agency or the Department of Justice that are essential

22 to reporting a substantial violation of law.

23 SEC. 626. (a) None of the funds appropriated by this

24 or any other Act may be expended by any Federal Agency

25 to procure any product or service subject to section 5124
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1 of Public Law 104–106 and that will be available under

2 the procurement by the Administrator of General Services

3 known as ‘‘FTS2000’’ unless—

4 (1) such product or service is procured by the

5 Administrator of General Services as part of the

6 procurement known as ‘‘FTS2000’’; or

7 (2) that agency establishes to the satisfaction of

8 the Administrator of General Services that—

9 (A) that agency’s requirements for such

10 procurement are unique and cannot be satisfied

11 by property and service procured by the Admin12 istrator of General Services as part of the pro13 curement known as ‘‘FTS2000’’; and

14 (B) the agency procurement, pursuant to

15 such delegation, would be cost-effective and

16 would not adversely affect the cost-effectiveness

17 of the FTS2000 procurement.

18 (b) After July 31, 1997, subsection (a) shall apply

19 only if the Administrator of General Services has reported

20 that the FTS2000 procurement is producing prices that

21 allow the Government to satisfy its requirements for such

22 procurement in the most cost-effective manner.

23 SEC. 627. Subsection (f) of section 403 of Public Law

24 103–356 is amended by deleting ‘‘October 1, 1999’’ and

25 inserting ‘‘October 1, 2001’’.
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1 SEC. 628. (a) IN GENERAL.—Notwithstanding any

2 other provision of law, none of the funds made available

3 by this Act for the Department of the Treasury shall be

4 available for any activity or for paying the salary of any

5 Government employee where funding an activity or paying

6 a salary to a Government employee would result in a deci7 sion, determination, rule, regulation, or policy that would

8 permit the Secretary of the Treasury to make any loan

9 or extension of credit under section 5302 of title 31, Unit10 ed States Code, with respect to a single foreign entity or

11 government of a foreign country (including agencies or

12 other entities of that government)—

13 (1) with respect to a loan or extension of credit

14 for more than 60 days, unless the President certifies

15 to the Committee on Banking, Housing, and Urban

16 Affairs of the Senate and the Committee on Banking

17 and Financial Services of the House of Representa18 tives that—

19 (A) there is no projected cost (as that term

20 is defined in section 502 of the Federal Credit

21 Reform Act of 1990) to the United States from

22 the proposed loan or extension of credit; and

23 (B) any proposed obligation or expenditure

24 of United States funds to or on behalf of the

25 foreign government is adequately backed by an
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1 assured source of repayment to ensure that all

2 United States funds will be repaid; and

3 (2) other than as provided by an Act of Con4 gress, if that loan or extension of credit would result

5 in expenditures and obligations, including contingent

6 obligations, aggregating more than $1,000,000,000

7 with respect to that foreign country for more than

8 180 days during the 12-month period beginning on

9 the date on which the first such action is taken.

10 (b) WAIVER OF LIMITATIONS.—The President may

11 exceed the dollar and time limitations in subsection (a)(2)

12 if he certifies in writing to the Congress that a financial

13 crisis in that foreign country poses a threat to vital United

14 States economic interests or to the stability of the inter15 national financial system.

16 (c) EXPEDITED PROCEDURES IN THE SENATE FOR

17 A RESOLUTION OF DISAPPROVAL.—A presidential certifi18 cation pursuant to subsection (b) shall not take effect, if

19 the Congress, within 30 calendar days after receiving such

20 certification, enacts a joint resolution of disapproval, as

21 described in paragraph (5) of this subsection.

22 (1) REFERENCE TO COMMITTEES.—All joint

23 resolutions introduced in the Senate to disapprove

24 the certification shall be referred to the Committee

25 on Banking, Housing, and Urban Affairs.
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1 (2) DISCHARGE OF COMMITTEES.—(A) If the

2 committee of the Senate to which a joint resolution

3 has been referred has not reported it at the end of

4 15 days after its introduction, it is in order to move

5 either to discharge the committee from further con6 sideration of the joint resolution or to discharge the

7 committee from further consideration of any other

8 joint resolution introduced with respect to the same

9 matter, except no motion to discharge shall be in

10 order after the committee has reported a joint reso11 lution with respect to the same matter.

12 (B) In the Senate a motion to discharge may

13 be made only by an individual favoring the joint res14 olution, and is privileged; and debate thereon shall

15 be limited to not more than 1 hour, the time to be

16 divided equally between, and controlled by, the ma17 jority leader and the minority leader or their des18 ignees.

19 (3) FLOOR CONSIDERATION.—(A) A motion in

20 the Senate to proceed to the consideration of a joint

21 resolution shall be privileged.

22 (B) Debate in the Senate on a joint resolution,

23 and all debatable motions and appeals in connection

24 therewith, shall be limited to not more than 4 hours,

25 to be equally divided between, and controlled by, the
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1 majority leader and the minority leader or their des2 ignees.

3 (C) Debate in the Senate on any debatable mo4 tion or appeal in connection with a joint resolution

5 shall be limited to not more than 20 minutes, to be

6 equally divided between, and controlled by, the

7 mover and the manager of the joint resolution, ex8 cept that in the event the manager of the joint reso9 lution is in favor of any such motion or appeal, the

10 time in opposition thereto, shall be controlled by the

11 minority leader or his designee. Such leaders, or ei12 ther of them, may, from time under their control on

13 the passage of a joint resolution, allot additional

14 time to any Senator during the consideration of any

15 debatable motion or appeal.

16 (D) A motion in the Senate to further limit de17 bate on a joint resolution, debatable motion, or ap18 peal is not debatable. No amendment to, or motion

19 to recommit, a resolution is in order.

20 (4) If prior to the passage by the Senate of a

21 joint resolution, the Senate receives a joint resolu22 tion with respect to the same matter from the House

23 of Representatives, then—
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1 (A) the procedure in the Senate shall

2 be the same as if no resolution had been

3 received from the House; but

4 (B) the vote on final passage shall be

5 on the resolution of the House.

6 (5) For purposes of this subsection, the term

7 ‘‘joint resolution’’ means only a joint resolution of

8 the 2 Houses of Congress, the matter after the re9 solving clause of which is as follows: ‘‘That the Con10 gress disapproves the action of the President under

11 section 628(c) of the Treasury, Postal Service, and

12 General Government Appropriations Act, 1997, no13 tice of which was submitted to the Congress on

14 llll.’’, with the blank space being filled with

15 the appropriate date.

16 (d) APPLICABILITY.—This section—

17 (1) shall not apply to any action taken as part

18 of the program of assistance to Mexico announced

19 by the President on January 31, 1995; and

20 (2) shall remain in effect through fiscal year

21 1997.

22 SEC. 629. (a) TECHNICAL AMENDMENT.—Section

23 640 of Public Law 104–52 (109 Stat. 513) is amended

24 by striking ‘‘Service performed’’ and inserting ‘‘Hereafter,

25 service performed’’.
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1 (b) EFFECTIVE DATE.—The amendment made by

2 subsection (a) shall take effect as if included in Public

3 Law 104–52 on the date of its enactment.

4 SEC. 630. Notwithstanding any other provision of

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

6 for any fiscal year shall be available for paying Sunday

7 premium or differential pay to any employee unless such

8 employee actually performed work during the time cor9 responding to such premium or differential pay.

10 SEC. 631. No part of any funds appropriated in this

11 or any other Act shall be used by an agency of the execu12 tive branch, other than for normal and recognized execu13 tive-legislative relationships, for publicity or propaganda

14 purposes, and for the preparation, distribution or use of

15 any kit, pamphlet, booklet, publication, radio, television or

16 film presentation designed to support or defeat legislation

17 pending before the Congress, except in presentation to the

18 Congress itself.

19 SEC. 632. (a) FEDERAL EMPLOYEE REPRESENTA20 TION IMPROVEMENT.—Subsection (d) of section 205 of

21 title 18, United States Code, is amended to read as fol22 lows:

23 ‘‘(d)(1) Nothing in subsection (a) or (b) prevents an

24 officer or employee, if not inconsistent with the faithful

25 performance of that officer’s or employee’s duties, from
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1 acting without compensation as agent or attorney for, or

2 otherwise representing—

3 ‘‘(A) any person who is the subject of discipli4 nary, loyalty, or other personnel administration pro5 ceedings in connection with those proceedings; or

6 ‘‘(B) except as provided in paragraph (2), any

7 cooperative, voluntary, professional, recreational, or

8 similar organization or group not established or op9 erated for profit, if a majority of the organization’s

10 or group’s members are current officers or employ11 ees of the United States or of the District of Colum12 bia, or their spouses or dependent children.

13 ‘‘(2) Paragraph (1)(B) does not apply with respect

14 to a covered matter that—

15 ‘‘(A) is a claim under subsection (a)(1) or

16 (b)(1);

17 ‘‘(B) is a judicial or administrative proceeding

18 where the organization or group is a party; or

19 ‘‘(C) involves a grant, contract, or other agree20 ment (including a request for any such grant, con21 tract, or agreement) providing for the disbursement

22 of Federal funds to the organization or group.’’.

23 (b) APPLICATION TO LABOR-MANAGEMENT RELA24 TIONS.—Section 205 of title 18, United States Code, is

25 amended by adding at the end the following:
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1 ‘‘(i) Nothing in this section prevents an employee

2 from acting pursuant to—

3 ‘‘(1) chapter 71 of title 5;

4 ‘‘(2) section 1004 or chapter 12 of title 39;

5 ‘‘(3) section 3 of the Tennessee Valley Author6 ity Act of 1933 (16 U.S.C. 831b);

7 ‘‘(4) chapter 10 of title I of the Foreign Service

8 Act of 1980 (22 U.S.C. 4104 et seq.); or

9 ‘‘(5) any provision of any other Federal or Dis10 trict of Columbia law that authorizes labor-manage11 ment relations between an agency or instrumentality

12 of the United States or the District of Columbia and

13 any labor organization that represents its employ14 ees.’’.

15 (c) APPLICABILITY.—The amendments made by this

16 section shall take effect on the date of the enactment of

17 this Act and shall apply thereafter.

18 SEC. 633. SURVIVOR ANNUITY RESUMPTION UPON

19 TERMINATION OF MARRIAGE.—(a) AMENDMENTS.—

20 (1) CIVIL SERVICE RETIREMENT SYSTEM.—Sec21 tion 8341(e) of title 5, United States Code, is

22 amended by adding at the end the following:

23 ‘‘(4) If the annuity of a child under this subchapter

24 terminates under paragraph (3)(E) because of marriage,

25 then, if such marriage ends, such annuity shall resume
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1 on the first day of the month in which it ends, but only

2 if—

3 ‘‘(A) any lump sum paid is returned to the

4 Fund; and

5 ‘‘(B) that individual is not otherwise ineligible

6 for such annuity.’’.

7 (2) FEDERAL EMPLOYEES’ RETIREMENT SYS8 TEM.—Section 8443(b) of such title is amended by

9 adding at the end the following: ‘‘If the annuity of

10 a child under this subchapter terminates under sub11 paragraph (E) because of marriage, then, if such

12 marriage ends, such annuity shall resume on the

13 first day of the month in which it ends, but only if

14 any lump sum paid is returned to the Fund, and

15 that individual is not otherwise ineligible for such

16 annuity.’’.

17 (b) APPLICABILITY.—The amendments made by sec18 tion 1 shall apply with respect to any termination of mar19 riage taking effect on or after November 1, 1993, except

20 that any recomputation of benefits shall be payable only

21 with respect to amounts accruing for periods beginning on

22 or after the date of the enactment of this Act.

23 SEC. 634. AVAILABILITY OF ANNUAL LEAVE TO

24 MEET MINIMUM AGE AND SERVICE REQUIREMENTS FOR

25 TITLE TO AN IMMEDIATE ANNUITY.—(a) CIVIL SERVICE
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1 RETIREMENT SYSTEM.—Section 8336 of title 5, United

2 States Code, is amended by adding at the end the follow3 ing:

4 ‘‘(o)(1) An employee involuntarily separated from

5 service due to a reduction in force shall, upon written elec6 tion, be given credit for days of unused annual leave

7 standing to such employee’s credit under a formal leave

8 system as of the date of separation, if and to the extent

9 necessary in order to meet the minimum age and service

10 requirements for title to an annuity under this section.

11 ‘‘(2) The Office shall prescribe any regulations which

12 may be necessary to carry out this subsection, including

13 regulations under which contributions to the Fund shall,

14 with respect to the days of leave for which credit is given

15 under this subsection, be made—

16 ‘‘(A) by the employee, equal to the employee

17 contributions which would have been required for

18 those days if separation had not occurred; and

19 ‘‘(B) by the agency from which separated, equal

20 to the Government contributions which would have

21 been required if separation had not occurred.

22 Contributions under the preceding sentence shall be deter23 mined based on the rate of basic pay last in effect before

24 separation.

25 ‘‘(3) Nothing in this subsection shall be considered—
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1 ‘‘(A) to allow credit to be given for any leave

2 standing to the credit of the employee (other than

3 by restoration) pursuant to subchapter III or IV of

4 chapter 63 or other similar authority;

5 ‘‘(B) to permit or require the making of any

6 contributions to the Thrift Savings Fund with re7 spect to any period after the date of separation; or

8 ‘‘(C) to make any days of annual leave cred9 itable for purposes of section 8333, any determina10 tion of average pay, or any computation of annuity.

11 ‘‘(4)(A) The taking of a lump-sum payment under

12 section 5551 or other similar authority shall not make any

13 of the leave to which such payment relates unavailable for

14 purposes of this subsection.

15 ‘‘(B) The use of any leave for purposes of this sub16 section shall not reduce the amount of leave for which a

17 lump-sum payment is payable under section 5551 or other

18 similar authority.

19 ‘‘(5) This subsection shall apply with respect to sepa20 rations occurring on or after the date of the enactment

21 of this subsection and before July 1, 2002.’’.

22 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—

23 Section 8412 of title 5, United States Code, is amended

24 by adding at the end the following:
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1 ‘‘(i)(1) An employee involuntarily separated from

2 service due to a reduction in force shall, upon written elec3 tion, be given credit for days of unused annual leave

4 standing to such employee’s credit under a formal leave

5 system as of the date of separation, if and to the extent

6 necessary in order to meet the minimum age and service

7 requirements for title to an annuity under this section or

8 section 8414.

9 ‘‘(2) The Office shall prescribe any regulations which

10 may be necessary to carry out this subsection, including

11 regulations under which contributions to the Fund shall,

12 with respect to the days of leave for which credit is given

13 under this subsection, be made—

14 ‘‘(A) by the employee, equal to the employee

15 contributions which would have been required for

16 those days if separation had not occurred; and

17 ‘‘(B) by the agency from which separated, equal

18 to the Government contributions which would have

19 been required if separation had not occurred.

20 Contributions under the preceding sentence shall be deter21 mined based on the rate of basic pay last in effect before

22 separation.

23 ‘‘(3) Nothing in this subsection shall be considered—

24 ‘‘(A) to allow credit to be given for any leave

25 standing to the credit of the employee (other than
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1 by restoration) pursuant to subchapter III or IV of

2 chapter 63 or other similar authority;

3 ‘‘(B) to permit or require the making of any

4 contributions to the Thrift Savings Fund with re5 spect to any period after the date of separation; or

6 ‘‘(C) to make any days of annual leave cred7 itable for purposes of section 8410, any determina8 tion of average pay, or any computation of annuity.

9 ‘‘(4)(A) The taking of a lump-sum payment under

10 section 5551 or other similar authority shall not make any

11 of the leave to which such payment relates unavailable for

12 purposes of this subsection.

13 ‘‘(B) The use of any leave for purposes of this sub14 section shall not reduce the amount of leave for which a

15 lump-sum payment is payable under section 5551 or other

16 similar authority.

17 ‘‘(5) This subsection shall apply with respect to sepa18 rations occurring on or after the date of the enactment

19 of this subsection and before July 1, 2002.’’.

20 SEC. 635. Section 207(e)(6)(B) of title 18, United

21 States Code, is amended by striking ‘‘level V of the Execu22 tive Schedule’’ and inserting ‘‘level 5 of the Senior Execu23 tive Service’’.

24 SEC. 636. REIMBURSEMENTS RELATING TO PROFES25 SIONAL LIABILITY INSURANCE.—(a) AUTHORITY.—Not-
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1 withstanding any other provision of law, amounts appro2 priated by this Act (or any other Act for fiscal year 1997

3 or any fiscal year thereafter) for salaries and expenses

4 may be used to reimburse any qualified employee for not

5 to exceed one-half the costs incurred by such employee for

6 professional liability insurance. A payment under this sec7 tion shall be contingent upon the submission of such infor8 mation or documentation as the employing agency may re9 quire.

10 (b) QUALIFIED EMPLOYEE.—For purposes of this

11 section, the term ‘‘qualified employee’’ means an agency

12 employee whose position is that of—

13 (1) a law enforcement officer; or

14 (2) a supervisor or management official.

15 (c) DEFINITIONS.—For purposes of this section—

16 (1) the term ‘‘agency’’ means an Executive

17 agency, as defined by section 105 of title 5, United

18 States Code;

19 (2) the term ‘‘law enforcement officer’’ means

20 an employee, the duties of whose position are pri21 marily the investigation, apprehension, prosecution,

22 or detention of individuals suspected or convicted of

23 offenses against the criminal laws of the United

24 States, including any law enforcement officer under

25 section 8331(20) or 8401(17) of such title 5;
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1 (3) the terms ‘‘supervisor’’ and ‘‘management

2 official’’ have the respective meanings given them by

3 section 7103(a) of such title 5, and

4 (4) the term ‘‘professional liability insurance’’

5 means insurance which provides coverage for—

6 (A) legal liability for damages due to inju7 ries to other persons, damage to their property,

8 or other damage or loss to such other persons

9 (including the expenses of litigation and settle10 ment) resulting from or arising out of any

11 tortious act, error, or omission of the covered

12 individual (whether common law, statutory, or

13 constitutional) while in the performance of such

14 individual’s official duties as a qualified em15 ployee; and

16 (B) the cost of legal representation for the

17 covered individual in connection with any ad18 ministrative or judicial proceeding (including

19 any investigation or disciplinary proceeding) re20 lating to any act, error, or omission of the cov21 ered individual while in the performance of such

22 individual’s official duties as a qualified em23 ployee, and other legal costs and fees relating

24 to any such administrative or judicial proceed25 ing.
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1 (d) APPLICABILITY.—The amendments made by this

2 section shall take effect on the date of the enactment of

3 this Act and shall apply thereafter.

4 SEC. 637. For purposes of each provision of law

5 amended by section 704(a)(2) of the Ethics Reform Act

6 of 1989 (5 U.S.C. 5318 note), no adjustment under sec7 tion 5303 of title 5, United States Code, shall be consid8 ered to have taken effect in fiscal year 1997 in the rates

9 of basic pay for the statutory pay systems.

10 SEC. 638. (a) For purposes of this section, the term

11 ‘‘political appointee’’ means any individual who—

12 (1) is employed in a position listed in sections

13 5312 through 5316 of title 5, United States Code

14 (relating to the Executive Schedule);

15 (2) is a limited term appointee, limited emer16 gency appointee, or noncareer appointee in the Sen17 ior Executive Service, as defined under section

18 3132(a) (5), (6), and (7) of title 5, United States

19 Code, respectively; or

20 (3) is employed in a position in the executive

21 branch of the Government under schedule C of sub22 part C of part 213 of title 5 of the Code of Federal

23 Regulations.

24 (b) The President, acting through the Office of Man25 agement and Budget and the Office of Personnel Manage-
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1 ment, shall take such actions as necessary (including re2 duction-in-force actions under procedures consistent with

3 those established under section 3595 of title 5, United

4 States Code) to ensure that the number of political ap5 pointees shall not, during any fiscal year beginning after

6 September 30, 1997, exceed a total of 2,300 (determined

7 on a full-time equivalent basis).

8 TITLE VII—SUPPLEMENTAL APPROPRIATIONS

9 AND RESCISSIONS FOR THE FISCAL YEAR

10 ENDING SEPTEMBER 30, 1996

11 BUREAU OF ALCOHOL, TOBACCO AND FIREARMS

12 SALARIES AND EXPENSES

13 For an additional amount for ‘‘Salaries and Ex14 penses’’ to be used in connection with investigations of

15 arson at religious institutions, $12,011,000, available

16 upon enactment of this Act and to remain available until

17 expended.

18 INTERNAL REVENUE SERVICE

19 INFORMATION SYSTEMS

20 (RESCISSION)

21 Of the funds made available under this heading for

22 Tax Systems Modernization in Public Law 104–52,

23 $12,011,000 are rescinded.
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1 TITLE VIII—ADDITIONAL GENERAL

2 PROVISIONS

3 SEC. 801. None of the funds appropriated by this Act

4 shall be available to pay any amount to, or to pay the

5 administrative expenses in connection with, any health

6 plan under the Federal employees health benefit program,

7 when it is made known to the Federal official having au8 thority to obligate or expend such funds that such health

9 plan operates a health care provider incentive plan that

10 does not meet the requirements of section 1876(i)(8)(A)

11 of the Social Security Act (42 U.S.C. 1395mm(i)(8)(A))

12 for physician incentive plans in contracts with eligible or13 ganizations under section 1876 of such Act.

14 This Act may be cited as the ‘‘Treasury, Postal Serv15 ice, and General Government Appropriations Act, 1997’’.

Passed the House of Representatives July 17, 1996.

Attest: ROBIN H. CARLE,

Clerk.

By LINDA NAVE,

Deputy Clerk.