IB

Union Calendar No. 337

104TH CONGRESS

2D SESSION H. R. 3756

[Report No. 104–660]

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.

IN THE HOUSE OF REPRESENTATIVES

JULY 8, 1996

Mr. LIGHTFOOT, from the Committee on Appropriations, reported the following bill; which was committed to the Committee of the Whole House on

the State of the Union and ordered to be printed

A BILL

Making appropriations for the Treasury Department, the

United States Postal Service, the Executive Office of

the President, and certain Independent Agencies, for the

fiscal year ending September 30, 1997, and for other

purposes.

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

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the
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1 Treasury Department, the United States Postal Service,

2 the Executive Office of the President, and certain Inde3 pendent Agencies, for the fiscal year ending September 30,

4 1997, and for other purposes, namely:

5 TITLE I—DEPARTMENT OF THE TREASURY

6 DEPARTMENTAL OFFICES

7 SALARIES AND EXPENSES

8 For necessary expenses of the Departmental Offices

9 including operation and maintenance of the Treasury

10 Building and Annex; hire of passenger motor vehicles;

11 maintenance, repairs, and improvements of, and purchase

12 of commercial insurance policies for, real properties leased

13 or owned overseas, when necessary for the performance

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

15 travel expenses; not to exceed $150,000 for official recep16 tion and representation expenses; not to exceed $258,000

17 for unforeseen emergencies of a confidential nature, to be

18 allocated and expended under the direction of the Sec19 retary of the Treasury and to be accounted for solely on

20 his certificate; $108,447,000: Provided, That up to

21 $500,000 shall be made available to implement section

22 528 of this Act.
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1 AUTOMATION ENHANCEMENT

2 INCLUDING TRANSFER OF FUNDS

3 For the development and acquisition of automatic

4 data processing equipment, software, and services for the

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

6 $15,000,000 shall be available to the United States Cus7 toms Service for the Automated Commercial Environment

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

9 United States Customs Service for the International

10 Trade Data System: Provided, That these funds shall re11 main available until September 30, 1999: Provided further,

12 That these funds shall be transferred to accounts and in

13 amounts as necessary to satisfy the requirements of the

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

15 Provided further, That this transfer authority shall be in

16 addition to any other transfer authority provided in this

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

18 to support or supplement Internal Revenue Service appro19 priations for Information Systems and Tax Systems Mod20 ernization: Provided further, That none of the funds avail21 able for the Automated Commercial Environment or the

22 International Trade Data System may be obligated with23 out the advance approval of the House and Senate Com24 mittees on Appropriations.
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1 OFFICE OF INSPECTOR GENERAL AND INTERNAL AUDIT

2 OF THE INTERNAL REVENUE SERVICE

3 SALARIES AND EXPENSES

4 For necessary expenses of the Office of Inspector

5 General and the internal audit functions of the Internal

6 Revenue Service, $135,925,000; of which, $28,689,000

7 shall be made available for the necessary expenses of the

8 Office of Inspector General in carrying out the provisions

9 of the Inspector General Act of 1978, as amended, not

10 to exceed $2,000,000 for official travel expenses; including

11 hire of passenger motor vehicles; and not to exceed

12 $100,000 for unforeseen emergencies of a confidential na13 ture, to be allocated and expended under the direction of

14 the Inspector General of the Treasury; and of which

15 $106,606,000 shall be available for the internal audit

16 functions of the Internal Revenue Service: Provided, That

17 the chief of internal audit for the Internal Revenue Service

18 shall report directly to the Deputy Secretary of the Treas19 ury.

20 OFFICE OF PROFESSIONAL RESPONSIBILITY

21 SALARIES AND EXPENSES

22 INCLUDING TRANSFER OF FUNDS

23 For necessary expenses of the Office of Professional

24 Responsibility, including purchase and hire of passenger

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

26 transfer from the United States Customs Service, salaries
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1 and expenses appropriation: Provided, That none of the

2 funds shall be obligated without the advance approval of

3 the House and Senate Committees on Appropriations.

4 TREASURY BUILDINGS AND ANNEX REPAIR AND

5 RESTORATION

6 INCLUDING TRANSFER OF FUNDS

7 For the repair, alteration, and improvement of the

8 Treasury Building and Annex, the Bureau of Alcohol, To9 bacco and Firearms National Laboratory Center and the

10 Fire Investigation Research and Development Center, and

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

12 to remain available until expended: Provided, That funds

13 for the Bureau of Alcohol, Tobacco and Firearms National

14 Laboratory Center and the Fire Investigation Research

15 and Development Center and the Rowley Secret Service

16 Training Center shall not be available until a prospectus

17 authorizing such facilities is approved by the House Com18 mittee on Transportation and Infrastructure: Provided

19 further, That funds previously made available under this

20 title for the Secret Service Headquarter’s building shall

21 be transferred to the Secret Service Acquisition, Construc22 tion, Improvement and Related Expenses appropriation.
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1 FINANCIAL CRIMES ENFORCEMENT NETWORK

2 SALARIES AND EXPENSES

3 For necessary expenses of the Financial Crimes En4 forcement Network, including hire of passenger motor ve5 hicles; travel expenses of non-Federal law enforcement

6 personnel to attend meetings concerned with financial in7 telligence activities, law enforcement, and financial regula8 tion; not to exceed $14,000 for official reception and rep9 resentation expenses; and for assistance to Federal law en10 forcement agencies, with or without reimbursement;

11 $22,387,000: Provided, That notwithstanding any other

12 provision of law, the Director of the Financial Crimes En13 forcement Network may procure up to $500,000 in spe14 cialized, unique, or novel automatic data processing equip15 ment, ancillary equipment, software, services, and related

16 resources from commercial vendors without regard to oth17 erwise applicable procurement laws and regulations and

18 without full and open competition, utilizing procedures

19 best suited under the circumstances of the procurement

20 to efficiently fulfill the agency’s requirements: Provided

21 further, That funds appropriated in this account may be

22 used to procure personal services contracts.

23 DEPARTMENT OF THE TREASURY FORFEITURE FUND

24 For necessary expenses of the Treasury Forfeiture

25 Fund, notwithstanding any other provision of law, not to
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1 exceed $7,500,000 shall be made available for the develop2 ment of a Federal wireless communication system, to be

3 derived from deposits in the Fund: Provided, 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 VIOLENT CRIME REDUCTION PROGRAMS

11 INCLUDING TRANSFER OF FUNDS

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

13 remain available until expended, which shall be derived

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

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

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

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

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

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

20 the Gang Resistance Education and Training program, of

21 which $3,662,000 shall be available for ballistics tech22 nologies, and of which $41,462,000 shall be available to

23 enhance training and purchase equipment and services; of

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

25 authorized by section 732 of Public Law 104–132; of
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1 which $1,000,000 shall be available to the Financial

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

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

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

5 activities related to the investigations of missing and ex6 ploited children.

7 (b) As authorized by section 32401, $7,200,000, for

8 disbursement through grants, cooperative agreements or

9 contracts, to local governments for Gang Resistance Edu10 cation and Training: Provided, That notwithstanding sec11 tions 32401 and 310001, such funds shall be allocated

12 only to the affected State and local law enforcement and

13 prevention organizations participating in such projects.

14 TREASURY FRANCHISE FUND

15 There is hereby established in the Treasury a fran16 chise fund pilot, as authorized by section 403 of Public

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

18 for expenses and equipment necessary for the maintenance

19 and operation of such financial and administrative support

20 services as the Secretary determines may be performed

21 more advantageously as central services: Provided, That

22 any inventories, equipment, and other assets pertaining to

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

24 or on order, less the related liabilities or unpaid obliga25 tions, and any appropriations made for the purpose of pro-
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1 viding capital, shall be used to capitalize such fund: Pro2 vided further, That such fund shall be reimbursed or cred3 ited with the payments, including advanced payments,

4 from applicable appropriations and funds available to the

5 Department and other Federal agencies for which such ad6 ministrative and financial services are performed, at rates

7 which will recover all expenses of operation, including ac8 crued leave, depreciation of fund plant and equipment,

9 amortization of Automatic Data Processing (ADP) soft10 ware and systems, and an amount necessary to maintain

11 a reasonable operating reserve, as determined by the Sec12 retary: Provided further, That such fund shall provide

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

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

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

16 1997 and each fiscal year thereafter, to remain available

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

18 equipment and for the improvement and implementation

19 of Treasury financial management, ADP, and other sup20 port systems: Provided further, That no later than 30 days

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

22 reserve limitation shall be deposited as miscellaneous re23 ceipts in the Treasury: Provided further, That such fran24 chise fund pilot shall terminate pursuant to section 403(f)

25 of Public Law 103–356.
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1 FEDERAL LAW ENFORCEMENT TRAINING CENTER

2 SALARIES AND EXPENSES

3 For necessary expenses of the Federal Law Enforce4 ment Training Center, as a bureau of the Department of

5 the Treasury, including materials and support costs of

6 Federal law enforcement basic training; purchase (not to

7 exceed 52 for police-type use, without regard to the gen8 eral purchase price limitation) and hire of passenger

9 motor vehicles; for expenses for student athletic and relat10 ed activities; uniforms without regard to the general pur11 chase price limitation for the current fiscal year; the con12 ducting of and participating in firearms matches and pres13 entation of awards; for public awareness and enhancing

14 community support of law enforcement training; not to ex15 ceed $9,500 for official reception and representation ex16 penses; room and board for student interns; and services

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

18 $9,423,000 for materials and support costs of Federal law

19 enforcement basic training shall remain available until

20 September 30, 1999: Provided, That the Center is author21 ized to accept and use gifts of property, both real and per22 sonal, and to accept services, for authorized purposes, in23 cluding funding of a gift of intrinsic value which shall be

24 awarded annually by the Director of the Center to the out25 standing student who graduated from a basic training pro-
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1 gram at the Center during the previous fiscal year, which

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

3 gift authority: Provided further, That notwithstanding any

4 other provision of law, students attending training at any

5 Federal Law Enforcement Training Center site shall re6 side in on-Center or Center-provided housing, insofar as

7 available and in accordance with Center policy: Provided

8 further, That funds appropriated in this account shall be

9 available for training United States Postal Service law en10 forcement personnel and Postal police officers, at the dis11 cretion of the Director; State and local government law

12 enforcement training on a space-available basis; training

13 of foreign law enforcement officials on a space-available

14 basis with reimbursement of actual costs to this appropria15 tion; training of private sector security officials on a space16 available basis with reimbursement of actual costs to this

17 appropriation; and travel expenses of non-Federal person18 nel to attend course development meetings and training

19 at the Center: Provided further, That the Center is author20 ized to obligate funds in anticipation of reimbursements

21 from agencies receiving training at the Federal Law En22 forcement Training Center, except that total obligations

23 at the end of the fiscal year shall not exceed total budg24 etary resources available at the end of the fiscal year: Pro25 vided further, That the Federal Law Enforcement Train-
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1 ing Center is authorized to provide short term medical

2 services for students undergoing training at the Center.

3 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

4 RELATED EXPENSES

5 For expansion of the Federal Law Enforcement

6 Training Center, for acquisition of necessary additional

7 real property and facilities, and for ongoing maintenance,

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

9 to remain available until expended.

10 FINANCIAL MANAGEMENT SERVICE

11 SALARIES AND EXPENSES

12 For necessary expenses of the Financial Management

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

14 $14,277,000 shall remain available until expended for sys15 tems modernization initiatives. In addition, $90,000, to be

16 derived from the Oil Spill Liability Trust Fund, to reim17 burse the Service for administrative and personnel ex18 penses for financial management of the Fund, as author19 ized by section 1012 of Public Law 101–380: Provided,

20 That none of the funds made available for systems mod21 ernization initiatives may not be obligated until the Com22 missioner of the Financial Management Service has sub23 mitted, and the Committees on Appropriations of the

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

25 evaluates, and prioritizes all computer systems invest-
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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 BUREAU OF ALCOHOL, TOBACCO AND FIREARMS

6 SALARIES AND EXPENSES

7 For necessary expenses of the Bureau of Alcohol, To8 bacco and Firearms, including purchase of not to exceed

9 650 vehicles for police-type use for replacement only and

10 hire of passenger motor vehicles; hire of aircraft; and serv11 ices of expert witnesses at such rates as may be deter12 mined by the Director; for payment of per diem and/or

13 subsistence allowances to employees where an assignment

14 to the National Response Team during the investigation

15 of a bombing or arson incident requires an employee to

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

17 at his or her post of duty; not to exceed $12,500 for offi18 cial reception and representation expenses; for training of

19 State and local law enforcement agencies with or without

20 reimbursement, including training in connection with the

21 training and acquisition of canines for explosives and fire

22 accelerants detection; provision of laboratory assistance to

23 State and local agencies, with or without reimbursement;

24 $389,982,000, of which $12,011,000, to remain available

25 until expended, shall be available for arson investigations,
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1 with priority assigned to any arson involving religious in2 stitutions; which not to exceed $1,000,000 shall be avail3 able for the payment of attorneys’ fees as provided by 18

4 U.S.C. 924(d)(2); and of which $1,000,000 shall be avail5 able for the equipping of any vessel, vehicle, equipment,

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

7 enforcement agency if the conveyance will be used in drug8 related joint law enforcement operations with the Bureau

9 of Alcohol, Tobacco and Firearms and for the payment

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

11 other similar costs of State and local law enforcement offi12 cers that are incurred in joint operations with the Bureau

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

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

15 to transfer the functions, missions, or activities of the Bu16 reau of Alcohol, Tobacco and Firearms to other agencies

17 or Departments in the fiscal year ending on September

18 30, 1997: Provided further, That no funds appropriated

19 herein shall be available for salaries or administrative ex20 penses in connection with consolidating or centralizing,

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

22 any portion thereof, of acquisition and disposition of fire23 arms maintained by Federal firearms licensees: Provided

24 further, That no funds appropriated herein shall be used

25 to pay administrative expenses or the compensation of any
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1 officer or employee of the United States to implement an

2 amendment or amendments to 27 CFR 178.118 or to

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

4 178.11 or remove any item from ATF Publication

5 5300.11 as it existed on January 1, 1994: Provided fur6 ther, That none of the funds appropriated herein shall be

7 available to investigate or act upon applications for relief

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

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

10 Firearms to process or act upon such applications for fel11 ons convicted of a violent crime, firearms violations, or

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

13 Provided further, That such funds shall be available to in14 vestigate and act upon applications filed by corporations

15 for relief from Federal firearms disabilities under 18

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

17 may be used to provide ballistics imaging equipment to

18 State or local authorities who have obtained similar equip19 ment through a Federal grant or subsidy: Provided fur20 ther, That, notwithstanding any other provision of law, all

21 aircraft owned and operated by the Bureau of Alcohol, To22 bacco and Firearms shall be transferred to the United

23 States Customs Service: Provided further, That no funds

24 under this heading shall be available to conduct a reduc25 tion in force: Provided further, That no funds available for
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1 separation incentive payments as authorized by section

2 525 of this Act may be obligated without the advance ap3 proval of the House and Senate Committees on Appropria4 tions: Provided further, That no funds under this Act may

5 be used to electronically retrieve information gathered pur6 suant to 18 U.S.C. 923(g)(4) by name or any personal

7 identification code.

8 UNITED STATES CUSTOMS SERVICE

9 SALARIES AND EXPENSES

10 INCLUDING TRANSFER OF FUNDS

11 For necessary expenses of the United States Customs

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

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

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

15 vehicles; contracting with individuals for personal services

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

17 representation expenses; and awards of compensation to

18 informers, as authorized by any Act enforced by the

19 United States Customs Service; $1,489,224,000; of which

20 $65,000,000 shall be available until expended for Oper21 ation Hardline; of which $28,000,000 shall be available

22 until expended for expenses associated with Operation

23 Gateway; of which up to $3,000,000 shall be available for

24 transfer to the Office of Professional Responsibility; and

25 of which such sums as become available in the Customs

26 User Fee Account, except sums subject to section
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1 13031(f)(3) of the Consolidated Omnibus Reconciliation

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

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

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

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

8 until expended for conducting special operations pursuant

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

10 until expended for the procurement of automation infra11 structure items, including hardware, software, and instal12 lation: Provided, That uniforms may be purchased without

13 regard to the general purchase price limitation for the cur14 rent fiscal year: Provided further, That the United States

15 Custom Service shall implement the General Aviation Tel16 ephonic Entry program within 30 days of enactment of

17 this Act: Provided further, That no funds under this head18 ing shall be available to conduct a reduction in force: Pro19 vided further, That no funds available for separation in20 centive payments as authorized by section 525 of this Act

21 may be obligated without the advance approval of the

22 House and Senate Committees on Appropriations: Pro23 vided further, That the Spirit of St. Louis Airport in St.

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

25 entry: Provided further, that no funds under this Act may
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1 be used to provide less than 30 days public notice for any

2 change in apparel regulations.

3 OPERATION AND MAINTENANCE, AIR AND MARINE

4 INTERDICTION PROGRAMS

5 For expenses, not otherwise provided for, necessary

6 for the operation and maintenance of marine vessels, air7 craft, and other related equipment of the Air and Marine

8 Programs, including operational training and mission-re9 lated travel, and rental payments for facilities occupied by

10 the air or marine interdiction and demand reduction pro11 grams, the operations of which include: the interdiction

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

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

14 the enforcement or administration of laws enforced by the

15 Customs Service; and, at the discretion of the Commis16 sioner of Customs, the provision of assistance to Federal,

17 State, and local agencies in other law enforcement and

18 emergency humanitarian efforts; $83,363,000, which shall

19 remain available until expended: Provided, That no air20 craft or other related equipment, with the exception of air21 craft which is one of a kind and has been identified as

22 excess to Customs requirements and aircraft which has

23 been damaged beyond repair, shall be transferred to any

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

25 Department of the Treasury, during fiscal year 1997 with-
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1 out the prior approval of the House and Senate Commit2 tees on Appropriations.

3 AIR INTERDICTION PROCUREMENT

4 For the purchase and restoration of aircraft, marine

5 vessels and air surveillance equipment for the Customs air

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

7 That such resources shall not be available until September

8 30, 1997, and shall remain available until expended.

9 CUSTOMS SERVICES AT SMALL AIRPORTS

10 (TO BE DERIVED FROM FEES COLLECTED)

11 Such sums as may be necessary for expenses for the

12 provision of Customs services at certain small airports or

13 other facilities when authorized by law and designated by

14 the Secretary of the Treasury, including expenditures for

15 the salary and expenses of individuals employed to provide

16 such services, to be derived from fees collected by the Sec17 retary pursuant to section 236 of Public Law 98–573 for

18 each of these airports or other facilities when authorized

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

20 available until expended.

21 HARBOR MAINTENANCE FEE COLLECTION

22 For administrative expenses related to the collection

23 of the Harbor Maintenance Fee, pursuant to Public Law

24 103–182, $3,000,000, to be derived from the Harbor

25 Maintenance Trust Fund and to be transferred to and
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1 merged with the Customs ‘‘Salaries and Expenses’’ ac2 count for such purposes.

3 BUREAU OF THE PUBLIC DEBT

4 ADMINISTERING THE PUBLIC DEBT

5 For necessary expenses connected with any public6 debt issues of the United States; $169,735,000: Provided,

7 That the sum appropriated herein from the General Fund

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

9 $4,400,000 as definitive security issue fees and Treasury

10 Direct Investor Account Maintenance fees are collected,

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

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

13 INTERNAL REVENUE SERVICE

14 PROCESSING, ASSISTANCE, AND MANAGEMENT

15 For necessary expenses of the Internal Revenue Serv16 ice, not otherwise provided for; including processing tax

17 returns; revenue accounting; providing assistance to tax18 payers, management services, and inspection; including

19 purchase (not to exceed 150 for replacement only for po20 lice-type use) and hire of passenger motor vehicles (31

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

22 3109, at such rates as may be determined by the Commis23 sioner; $1,616,379,000, of which up to $3,700,000 shall

24 be for the Tax Counseling for the Elderly Program, and
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1 of which not to exceed $25,000 shall be for official recep2 tion and representation expenses.

3 TAX LAW ENFORCEMENT

4 For necessary expenses of the Internal Revenue Serv5 ice for determining and establishing tax liabilities; tax and

6 enforcement litigation; technical rulings; examining em7 ployee plans and exempt organizations; investigation and

8 enforcement activities; securing unfiled tax returns; col9 lecting unpaid accounts; statistics of income and compli10 ance research; the purchase (for police-type use, not to

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

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

13 3109, at such rates as may be determined by the Commis14 sioner; $4,052,586,000.

15 INFORMATION SYSTEMS

16 INCLUDING TRANSFER OF FUNDS

17 For necessary expenses for data processing and tele18 communications support for Internal Revenue Service ac19 tivities, including tax systems modernization (modernized

20 developmental systems), modernized operational systems,

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

22 passenger motor vehicles (31 U.S.C. 1343(b)); and serv23 ices as authorized by 5 U.S.C. 3109, at such rates as may

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

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

26 modernization program activities: Provided, That none of
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1 the funds made available for tax systems modernization

2 shall be available until the Internal Revenue Service estab3 lishes a restructured contractual relationship with a com4 mercial sector company to manage, integrate, test, and im5 plement all portions of the tax systems modernization pro6 gram, except that funds up to $59,100,000 may be used

7 to support a Government Program Management Office,

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

9 necessary Program Management activities: Provided fur10 ther, That none of the funds made available for tax sys11 tems modernization may be used by the Internal Revenue

12 Service to carry out activities associated with the develop13 ment of a request for proposal and contract award, except

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

15 information and general oversight of the process by the

16 Associate Commissioner of the Internal Revenue Service

17 for Modernization, and such funds as may be necessary

18 shall be transferred to the Department of Defense which

19 will conduct all technical activities associated with the de20 velopment of a request for proposal and contract award:

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

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

23 in support of tax systems modernization: Provided further,

24 That these funds shall remain available until September

25 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 UNITED STATES SECRET SERVICE

5 SALARIES AND EXPENSES

6 For necessary expenses of the United States Secret

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

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

9 only), and hire of passenger motor vehicles; hire of air10 craft; training and assistance requested by State and local

11 governments, which may be provided without reimburse12 ment; services of expert witnesses at such rates as may

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

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

15 and other facilities on private or other property not in

16 Government ownership or control, as may be necessary to

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

18 or subsistence allowances to employees where a protective

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

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

21 or to remain overnight at his or her post of duty; the con22 ducting of and participating in firearms matches; presen23 tation of awards; and for travel of Secret Service employ24 ees on protective missions without regard to the limita25 tions on such expenditures in this or any other Act: Pro-
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1 vided, That approval is obtained in advance from the

2 House and Senate Committees on Appropriations; for re3 pairs, alterations, and minor construction at the James

4 J. Rowley Secret Service Training Center; for research

5 and development; for making grants to conduct behavioral

6 research in support of protective research and operations;

7 not to exceed $20,000 for official reception and represen8 tation expenses; not to exceed $50,000 to provide technical

9 assistance and equipment to foreign law enforcement orga10 nizations in counterfeit investigations; for payment in ad11 vance for commercial accommodations as may be nec12 essary to perform protective functions; and for uniforms

13 without regard to the general purchase price limitation for

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

15 203(a) is amended by deleting ‘‘but not exceeding twelve

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

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

18 investigations of missing and exploited children: Provided

19 further, That resources made available as a grant for ac20 tivities related to the investigations of missing and ex21 ploited children shall not be available until September 30,

22 1997, and shall remain available until expended.

23 ACQUISITION, CONSTRUCTION, IMPROVEMENT, AND

24 RELATED EXPENSES

25 For necessary expenses of construction, repair, alter26 ation, and improvement of facilities, $31,298,000, to re-
26

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1 main available until expended: Provided, That funds pre2 viously provided under the title, ‘‘Treasury Buildings and

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

4 Headquarters Building, shall be transferred to this ac5 count.

6 GENERAL PROVISIONS—DEPARTMENT OF THE

7 TREASURY

8 SECTION 111. Any obligation or expenditure by the

9 Secretary in connection with law enforcement activities of

10 a Federal agency or a Department of the Treasury law

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

12 9703(g)(4)(B) from unobligated balances remaining in the

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

14 with the reprogramming guidelines contained in the House

15 and Senate reports accompanying this Act.

16 SEC. 112. Appropriations to the Treasury Depart17 ment in this Act shall be available for uniforms or allow18 ances therefor, as authorized by law (5 U.S.C. 5901), in19 cluding maintenance, repairs, and cleaning; purchase of

20 insurance for official motor vehicles operated in foreign

21 countries; purchase of motor vehicles without regard to the

22 general purchase price limitations for vehicles purchased

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

24 contracts with the Department of State for the furnishing

25 of health and medical services to employees and their de-
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1 pendents serving in foreign countries; and services author2 ized by 5 U.S.C. 3109.

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

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

5 underpayment of any tax imposed by the Internal Revenue

6 Code of 1986 unless the conduct of officers and employees

7 of the Internal Revenue Service in connection with such

8 collection, including any private sector employees under

9 contract to the Internal Revenue Service, compiles with

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

11 in connection with debt collection), and section 806 (relat12 ing to harassment or abuse), of the Fair Debt Collection

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

14 SEC. 114. The Internal Revenue Service shall insti15 tute policies and procedures which will safeguard the con16 fidentiality of taxpayer information.

17 SEC. 115. The funds provided to the Bureau of Alco18 hol Tobacco and Firearms for fiscal year 1997 in this Act

19 for the enforcement of the Federal Alcohol Administration

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

21 enforcement efforts with respect to section 105 of the Fed22 eral Alcohol Administration Act.

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

24 title 31, United States Code, is amended—
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1 (1) by striking in the third sentence ‘‘and at

2 the end of each fiscal year thereafter’’;

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

4 and 1996’’; and

5 (3) by adding at the end the following new sen6 tence: ‘‘At the end of fiscal year 1997, and at the

7 end of each fiscal year thereafter, the Secretary shall

8 reserve any amounts that are required to be retained

9 in the Fund to ensure the availability of amounts in

10 the subsequent fiscal year for purposes authorized

11 under subsection (a).’’

12 SEC. 117. Of the funds available to the Internal Reve13 nue Service, $13,000,000 shall be made available to con14 tinue the private sector debt collection program which was

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

16 transferred to the Departmental Offices appropriation to

17 initiate a new private sector debt collection program: Pro18 vided, That the transfer provided herein shall be in addi19 tion to any other transfer authority contained in this Act.

20 PRIORITY PLACEMENT, JOB PLACEMENT, RETRAINING,

21 AND COUNSELING PROGRAMS FOR U.S. TREASURY

22 DEPARTMENT EMPLOYEES AFFECTED BY A REDUC23 TION IN FORCE

24 SEC. 118. (a) DEFINITIONS.—
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1 (1) For the purposes of this section, the term

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

3 the Treasury.

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

5 ‘‘eligible employee’’ means any employee of the agen6 cy who—

7 (A) is scheduled to be separated from serv8 ice due to a reduction in force under—

9 (i) regulations prescribed under sec10 tion 3502 of title 5, United States Code; or

11 (ii) procedures established under sec12 tion 3595 of title 5, United States Code; or

13 (B) is separated from service due to such

14 a reduction in force, but does not include—

15 (i) an employee separated from service

16 for cause on charges of misconduct or de17 linquency; or

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

19 separation, meets the age and service re20 quirements for an immediate annuity

21 under subchapter III of chapter 83 or

22 chapter 84 of title 5, United States Code.

23 (b) PRIORITY PLACEMENT PROGRAM.—Not later

24 than 30 days after the date of the enactment of this Act,
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1 the U.S. Department of the Treasury shall establish a pri2 ority placement program for eligible employees.

3 (c) The priority placement program established under

4 subsection (b) shall include provisions under which a va5 cant position shall not be filled by the appointment or

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

7 (1) there is then available any eligible employee

8 who applies for the position within 30 days of the

9 agency issuing a job announcement and is qualified

10 (or can be trained or retrained to become qualified

11 within 90 days of assuming the position) for the po12 sition; and

13 (2) the position is within the same commuting

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

15 residence.

16 (d) JOB PLACEMENT AND COUNSELING SERVICES.—

17 The head of the agency may establish a program to pro18 vide job placement and counseling services to eligible em19 ployees and their families.

20 (1) TYPES OF SERVICES.—A program estab21 lished under subsection (d) may include, is not lim22 ited to, such services as—

23 (A) career and personal counseling;

24 (B) training and job search skills; and
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1 (C) job placement assistance, including as2 sistance provided through cooperative arrange3 ments with State and local employment services

4 offices.

5 (e) REFERRAL OF ELIGIBLE EMPLOYEES TO PRI6 VATE SECTOR CONTRACTORS.—Any contract related to

7 the Internal Revenue Services’ Tax Systems Moderniza8 tion program shall contain a provision requiring that the

9 contractor, in hiring employees for the performance of the

10 contract, shall obtain referrals of eligible employees, who

11 consent to such referral, from the priority placement or

12 job placement programs established under this section.

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

14 Appropriations Act, 1997’’.

15 TITLE II—POSTAL SERVICE

16 PAYMENTS TO THE POSTAL SERVICE

17 PAYMENT TO THE POSTAL SERVICE FUND

18 For payment to the Postal Service Fund for revenue

19 forgone on free and reduced rate mail, pursuant to sub20 sections (c) and (d) of section 2401 of title 39, United

21 States Code, $85,080,000: Provided, That mail for over22 seas voting and mail for the blind shall continue to be free:

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

24 of mail shall continue at not less than the 1983 level: Pro25 vided further, That none of the funds made available to
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1 the Postal Service by this Act shall be used to implement

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

3 employee of any State or local child support enforcement

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

5 program of child support enforcement, a fee for informa6 tion requested or provided concerning an address of a

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

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

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

10 ending on September 30, 1997.

11 TITLE III—EXECUTIVE OFFICE OF THE

12 PRESIDENT AND FUNDS APPROPRIATED TO

13 THE PRESIDENT

14 COMPENSATION OF THE PRESIDENT AND

15 THE WHITE HOUSE OFFICE

16 COMPENSATION OF THE PRESIDENT

17 For compensation of the President, including an ex18 pense allowance at the rate of $50,000 per annum as au19 thorized by 3 U.S.C. 102, $250,000: Provided, That none

20 of the funds made available for official expenses shall be

21 expended for any other purpose and any unused amount

22 shall revert to the Treasury pursuant to section 1552 of

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

24 of the funds made available for official expenses shall be

25 considered as taxable to the President.
33

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1 SALARIES AND EXPENSES

2 For necessary expenses for the White House as au3 thorized by law, including not to exceed $3,850,000 for

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

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

6 105, which shall be expended and accounted for as pro7 vided in that section; hire of passenger motor vehicles,

8 newspapers, periodicals, teletype news service, and travel

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

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

11 for official entertainment expenses, to be available for allo12 cation within the Executive Office of the President;

13 $40,193,000: Provided, That $420,000 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 EXECUTIVE RESIDENCE AT THE WHITE HOUSE

23 OPERATING EXPENSES

24 For the care, maintenance, repair and alteration, re25 furnishing, improvement, heating and lighting, including
34

•HR 3756 RH

1 electric power and fixtures, of the Executive Residence at

2 the White House and official entertainment expenses of

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

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

5 SPECIAL ASSISTANCE TO THE PRESIDENT AND THE

6 OFFICIAL RESIDENCE OF THE VICE PRESIDENT

7 SALARIES AND EXPENSES

8 For necessary expenses to enable the Vice President

9 to provide assistance to the President in connection with

10 specially assigned functions, services as authorized by 5

11 U.S.C. 3109 and 3 U.S.C. 106, including subsistence ex12 penses as authorized by 3 U.S.C. 106, which shall be ex13 pended and accounted for as provided in that section; and

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

15 That $150,000 of the funds appropriated may not be obli16 gated until the Director of the Office of Administration

17 has submitted, and the Committees on Appropriations of

18 the House and Senate have approved, a report that identi19 fies, 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.
35

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1 OPERATING EXPENSES

2 For the care, operation, refurnishing, improvement,

3 heating and lighting, including electric power and fixtures,

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

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

6 official entertainment expenses of the Vice President, to

7 be accounted for solely on his certificate; $324,000: Pro8 vided, That advances or repayments or transfers from this

9 appropriation may be made to any department or agency

10 for expenses of carrying out such activities: Provided fur11 ther, That $8,000 of the funds appropriated may not be

12 obligated until the Director of the Office of Administration

13 has submitted for approval to the Committees on Appro14 priations of the House and Senate 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 COUNCIL OF ECONOMIC ADVISERS

21 SALARIES AND EXPENSES

22 For necessary expenses of the Council in carrying out

23 its functions under the Employment Act of 1946 (15

24 U.S.C. 1021), $3,439,000.
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1 OFFICE OF POLICY DEVELOPMENT

2 SALARIES AND EXPENSES

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

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

6 $45,000 of the funds appropriated may not be obligated

7 until the Director of the Office of Administration has sub8 mitted, and the Committees on Appropriations of the

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

10 evaluates, and prioritizes all computer systems invest11 ments planned for fiscal year 1997, a milestone schedule

12 for the development and implementation of all projects in13 cluded in the systems investment plan, and a systems ar14 chitecture plan.

15 NATIONAL SECURITY COUNCIL

16 SALARIES AND EXPENSES

17 For necessary expenses of the National Security

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

19 3109, $6,648,000: Provided, That $3,000 of the funds ap20 propriated may not be obligated until the Director of the

21 Office of Administration has submitted, and the Commit22 tees on Appropriations of the House and Senate have ap23 proved, a report that identifies, evaluates, and prioritizes

24 all computer systems investments planned for fiscal year

25 1997, a milestone schedule for the development and imple-
37

•HR 3756 RH

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

3 OFFICE OF ADMINISTRATION

4 SALARIES AND EXPENSES

5 For necessary expenses of the Office of Administra6 tion, $26,100,000, including services as authorized by 5

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

8 motor vehicles: Provided, That $340,700 of the funds ap9 propriated may not be obligated until the Director of the

10 Office of Administration has submitted, and the Commit11 tees on Appropriations of the House and Senate have ap12 proved, a report that identifies, evaluates, and prioritizes

13 all computer systems investments planned for fiscal year

14 1997, a milestone schedule for the development and imple15 mentation of all projects included in the systems invest16 ment plan, and a systems architecture plan.

17 OFFICE OF MANAGEMENT AND BUDGET

18 SALARIES AND EXPENSES

19 For necessary expenses of the Office of Management

20 and Budget, including hire of passenger motor vehicles,

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

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

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

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

25 shall be applied only to the objects for which appropria-
38

•HR 3756 RH

1 tions were made except as otherwise provided by law: Pro2 vided further, That none of the funds appropriated in this

3 Act for the Office of Management and Budget may be

4 used for the purpose of reviewing any agricultural market5 ing orders or any activities or regulations under the provi6 sions of the Agricultural Marketing Agreement Act of

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

8 of the funds made available for the Office of Management

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

10 of the transcript of actual testimony of witnesses, except

11 for testimony of officials of the Office of Management and

12 Budget, before the House and Senate Committees on Ap13 propriations or the House and Senate Committees on Vet14 erans’ Affairs or their subcommittees: Provided further,

15 That this proviso shall not apply to printed hearings re16 leased by the House and Senate Committees on Appro17 priations or the House and Senate Committees on Veter18 ans’ Affairs.

19 OFFICE OF NATIONAL DRUG CONTROL POLICY

20 SALARIES AND EXPENSES

21 (INCLUDING TRANSFER OF FUNDS)

22 For necessary expenses of the Office of National

23 Drug Control Policy; for research activities pursuant to

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

25 official reception and representation expenses; and for par-
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•HR 3756 RH

1 ticipation in joint projects or in the provision of services

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

3 public organizations or agencies, with or without reim4 bursement; $34,838,000, of which $18,000,000 shall re5 main available until expended, consisting of $1,000,000

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

7 Counter-Drug Technology Assessment Center for

8 counternarcotics research and development projects, and

9 of which $1,268,000 shall be obligated for drug prevention

10 public service announcements, and of which $1,000,000

11 shall be obligated for State conferences on model State

12 drug laws: Provided, That the $17,000,000 for the

13 Counter-Drug Technology Assessment Center shall be

14 available for transfer to other Federal departments or

15 agencies: Provided further, That the Office is authorized

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

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

18 of the Office: Provided further, That the Secretary of the

19 Treasury is authorized to receive all unavailable collections

20 transferred from the Special Forfeiture Fund established

21 by section 6073 of the Anti-Drug Abuse Act of 1988 (21

22 U.S.C. 1509) by the Director of the Office of Drug Con23 trol Policy as a deposit into the Treasury Forfeiture Fund

24 (31 U.S.C. 9703(a)).
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1 FEDERAL DRUG CONTROL PROGRAMS

2 HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses of the Office of National

5 Drug Control Policy’s High Intensity Drug Trafficking

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

7 consistent with the approved strategy for each of the des8 ignated High Intensity Drug Trafficking Areas, of which

9 $3,000,000 shall be used for a newly designated High In10 tensity Drug Trafficking Area in Lake County, Indiana;

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

12 High Intensity Drug Trafficking Area for the Gulf Coast

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

14 $5,000,000 shall be used for a newly designated High In15 tensity Drug Trafficking Area dedicated to combating

16 methamphetamine use, production and trafficking in a five

17 State area including Iowa, Missouri, Nebraska, South Da18 kota, and Kansas; of which no less than $59,000,000 shall

19 be transferred to State and local entities for drug control

20 activities; and of which up to $54,000,000 may be trans21 ferred to Federal agencies and departments at a rate to

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

23 made available under this head shall be obligated within

24 90 days of the date of enactment of this Act.

25 This title may be cited as the ‘‘Executive Office Ap26 propriations Act, 1997’’.
41

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1 TITLE IV—INDEPENDENT AGENCIES

2 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE

3 BLIND OR SEVERELY DISABLED

4 SALARIES AND EXPENSES

5 For necessary expenses of the Committee for Pur6 chase From People Who Are Blind or Severely Disabled

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

8 28; $1,800,000.

9 FEDERAL ELECTION COMMISSION

10 SALARIES AND EXPENSES

11 For necessary expenses to carry out the provisions

12 of the Federal Election Campaign Act of 1971, as amend13 ed, $27,524,000, of which no less than $2,500,000 shall

14 be available for internal automated data processing sys15 tems, and of which not to exceed $5,000 shall be available

16 for reception and representation expenses.

17 FEDERAL LABOR RELATIONS AUTHORITY

18 SALARIES AND EXPENSES

19 For necessary expenses to carry out functions of the

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

22 Reform Act of 1978, including services as authorized by

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

24 hire of passenger motor vehicles, rental of conference

25 rooms in the District of Columbia and elsewhere;
42

•HR 3756 RH

1 $21,588,000: Provided, That public members of the Fed2 eral Service Impasses Panel may be paid travel expenses

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

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

5 the Government service, and compensation as authorized

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

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

10 to be available without further appropriation for the costs

11 of carrying out these conferences.

12 GENERAL SERVICES ADMINISTRATION

13 FEDERAL BUILDINGS FUND

14 LIMITATIONS ON AVAILABILITY OF REVENUE

15 For additional expenses necessary to carry out the

16 purpose of the Fund established pursuant to section

17 210(f) of the Federal Property and Administrative Serv18 ices Act of 1949, as amended (40 U.S.C. 490(f)),

19 $209,193,000, to be deposited into said Fund. The reve20 nues and collections deposited into the Fund shall be avail21 able for necessary expenses of real property management

22 and related activities not otherwise provided for, including

23 operation, maintenance, and protection of Federally owned

24 and leased buildings; rental of buildings in the District

25 of Columbia; restoration of leased premises; moving gov-
43

•HR 3756 RH

1 ernmental agencies (including space adjustments and tele2 communications relocation expenses) in connection with

3 the assignment, allocation and transfer of space; contrac4 tual services incident to cleaning or servicing buildings,

5 and moving; repair and alteration of federally owned build6 ings including grounds, approaches and appurtenances;

7 care and safeguarding of sites; maintenance, preservation,

8 demolition, and equipment; acquisition of buildings and

9 sites by purchase, condemnation, or as otherwise author10 ized by law; acquisition of options to purchase buildings

11 and sites; conversion and extension of Federally owned

12 buildings; preliminary planning and design of projects by

13 contract or otherwise; construction of new buildings (in14 cluding equipment for such buildings); and payment of

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

16 public buildings acquired by installment purchase and pur17 chase contract, in the aggregate amount of

18 $5,364,392,000, of which (1) not to exceed $540,000,000

19 shall remain available until expended for construction of

20 additional projects at locations as follows: Fresno, Califor21 nia, Federal Building and U.S. Courthouse; Denver, Colo22 rado, U.S. Courthouse; District of Columbia, U.S. Court23 house Annex; Miami, Florida, U.S. Courthouse; Orlando,

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

25 Courthouse; London, Kentucky, U.S. Courthouse; Babb,
44

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1 Montana, Piegan Border Station; Sweetgrass, Montana,

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

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

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

5 Portland, Oregon, Consolidated Law Enforcement Federal

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

7 Philadelphia, Pennsylvania, Department of Veterans Af8 fairs—Federal Complex, phase II; Columbia, South Caro9 lina, U.S. Courthouse; Corpus Christi, Texas, U.S. Court10 house; Salt Lake City, Utah, Moss Courthouse Annex and

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

12 Oroville, Washington, U.S. Border Station; Seattle, Wash13 ington, U.S. Courthouse; and, Sumas, Washington, U.S.

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

15 the immediately foregoing United States Courthouse or

16 United States Courthouse annex construction projects

17 shall be reduced by no less than 10 percent from the pro18 spectus level estimate by improving design efficiencies,

19 curtailing planned interior finishes requiring more effi20 cient use of courtroom and library space, and by otherwise

21 limiting space requirements: Provided further, That each

22 of the immediately foregoing construction projects may

23 not exceed the original authorized level for site acquisition,

24 design, or construction, unless advanced approval is ob25 tained from the House and Senate Committees on Appro-
45

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1 priations: Provided further, That from funds available in

2 the Federal Buildings Fund, $20,000,000 shall be avail3 able until expended for environmental clean up activities

4 at the Southeast Federal Center in the District of Colum5 bia: Provided further, That all funds for direct construc6 tion projects shall expire on September 30, 1999, and re7 main in the Federal Buildings Fund except funds for

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

9 been obligated in whole or in part prior to such date: Pro10 vided further, That claims against the Government of less

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

12 acquisitions of buildings and purchase contract projects

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

14 notification to the Committees on Appropriations of the

15 House and Senate to the extent savings are effected in

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

17 remain available until expended, for repairs and alter18 ations which includes associated design and construction

19 services, as follows: District of Columbia, Ariel Rios Build20 ing; District of Columbia, Department of Justice Building

21 (Main), phase, 1; District of Columbia, Layfayette Build22 ing; District of Columbia, State Department Building;

23 Honolulu, Hawaii, Prince Jonah Kuhio Kalanianaole Fed24 eral Building and U.S. Courthouse; Chicago, Illinois, Ev25 erett M. Dirksen Federal Building; Chicago, Illinois, John
46

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1 C. Kluczynski, Jr. Federal Building (IRS); Andover, Mas2 sachusetts, IRS Regional Service Center; Concord, New

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

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

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

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

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

8 Pennsylvania, Federal Building-U.S. Courthouse; Provi9 dence, Rhode Island, Federal Building-U.S. Courthouse;

10 Fort Worth, Texas, Federal Center; Nationwide repairs

11 and alterations: Security Upgrades; Chlorofluorocarbons

12 Program; Elevator Program; and, Energy Program: Pro13 vided further, That additional projects for which

14 prospectuses have been fully approved may be funded

15 under this category only if advance approval is obtained

16 from the Committees on Appropriations of the House and

17 Senate: Provided further, That the amounts provided in

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

19 used to fund costs associated with implementing security

20 improvements to buildings necessary to meet the minimum

21 standards for security in accordance with current law and

22 in compliance with the reprogramming guidelines of the

23 appropriate Committees of the House and Senate: Pro24 vided further, That funds in the Federal Buildings Fund

25 for Repairs and Alterations shall, for prospectus projects,
47

•HR 3756 RH

1 be limited to the originally authorized amount, except each

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

3 percent when advance approval is obtained from the Com4 mittees on Appropriations of the House and Senate of a

5 greater amount: Provided further, That the difference be6 tween the funds appropriated and expended on any

7 projects in this or any prior Act, under the heading ‘‘Re8 pairs and Alterations’’, may be transferred to Basic Re9 pairs and Alterations or used to fund authorized increases

10 in prospectus projects: Provided further, That such sums

11 as may be necessary shall be made available for ongoing

12 renovation and consolidation efforts at the National Vet13 erinary Services Laboratory and a biocontainment facility

14 at the National Animal Disease Center, as directed in

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

16 repairs and alterations prospectus projects shall expire on

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

18 Fund except funds for projects as to which funds for de19 sign or other funds have been obligated in whole or in part

20 prior to such date: Provided further, That the amount pro21 vided in this or any prior Act for Basic Repairs and Alter22 ations may be used to pay claims against the Government

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

24 Alterations’’ or used to fund authorized increases in pro25 spectus projects: Provided further, That $5,700,000 of the
48

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1 funds provided under this heading in Public Law 103–

2 329, for the IRS Service Center, Holtsville, New York,

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

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

5 including payments on purchase contracts which shall re6 main available until expended; (4) not to exceed

7 $3,903,205,000, to remain available until expended, for

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

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

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

11 development and acquisition of automatic data processing

12 equipment, software, and services for the Public Buildings

13 Service which shall remain available until September 30,

14 1999 for transfer to accounts and in amounts as necessary

15 to satisfy the requiremens of the Public Buildings Service:

16 Provided further, That funds available to the General Serv17 ices Administration shall not be available for expenses in

18 connection with any construction, repair, alteration, and

19 acquisition project for which a prospectus, if required by

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

21 been approved, except that necessary funds may be ex22 pended for each project for required expenses in connec23 tion with the development of a proposed prospectus: Pro24 vided further, That the Administrator is authorized in fis25 cal year 1997 and thereafter, to enter into and perform
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1 such leases, contracts, or other transactions with any

2 agency or instrumentality of the United States, the several

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

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

5 implement the trade center plan at the Federal Triangle

6 Project and is hereby granted all the rights and authori7 ties of the former Pennsylvania Avenue Development Cor8 poration (PADC) with regards to property transferred

9 from PADC to the General Services Administration in fis10 cal year 1996: Provided further, That for the purposes of

11 this authorization, buildings constructed pursuant to the

12 purchase contract authority of the Public Buildings

13 Amendments of 1972 (40 U.S.C. 602a), buildings occu14 pied pursuant to installment purchase contracts, and

15 buildings under the control of another department or

16 agency where alterations of such buildings are required

17 in connection with the moving of such other department

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

19 the control of the General Services Administration shall

20 be considered to be federally owned buildings: Provided

21 further, That funds available in the Federal Buildings

22 Fund may be expended for emergency repairs when ad23 vance approval is obtained from the Committees on Appro24 priations of the House and Senate: Provided further, That

25 amounts necessary to provide reimbursable special services
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1 to other agencies under section 210(f)(6) of the Federal

2 Property and Administrative Services Act of 1949, as

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

4 such reimbursable fencing, lighting, guard booths, and

5 other facilities on private or other property not in Govern6 ment ownership or control as may be appropriate to enable

7 the United States Secret Service to perform its protective

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

9 be available from such revenues and collections: Provided

10 further, That revenues and collections and any other sums

11 accruing to this Fund during fiscal year 1997, excluding

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

13 Property and Administrative Services Act of 1949 (40

14 U.S.C. 490(f)(6)) in excess of $5,364,392,000 shall re15 main in the Fund and shall not be available for expendi16 ture except as authorized in appropriations Acts.

17 POLICY AND OPERATIONS

18 For expenses authorized by law, not otherwise pro19 vided for, for Government-wide policy and oversight activi20 ties associated with asset management activities; utiliza21 tion and donation of surplus personal property; transpor22 tation management activities; procurement and supply

23 management activities; Government-wide and internal re24 sponsibilities relating to automated data management,

25 telecommunications, information resources management,

26 and related technology activities; utilization survey, deed
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1 compliance inspection, appraisal, environmental and cul2 tural analysis, and land use planning functions pertaining

3 to excess and surplus real property; agency-wide policy di4 rection; Board of Contract Appeals; accounting, records

5 management, and other support services incident to adju6 dication of Indian Tribal Claims by the United States

7 Court of Federal Claims; services as authorized by 5

8 U.S.C. 3109; and not to exceed $5,000 for official recep9 tion and representation expenses; $109,091,000.

10 OFFICE OF INSPECTOR GENERAL

11 For necessary expenses of the Office of Inspector

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

13 $33,274,000: Provided, That not to exceed $5,000 shall

14 be available for payment for information and detection of

15 fraud against the Government, including payment for re16 covery of stolen Government property: Provided further,

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

18 to employees of other Federal agencies and private citizens

19 in recognition of efforts and initiatives resulting in en20 hanced Office of Inspector General effectiveness.

21 ALLOWANCES AND OFFICE STAFF FOR FORMER

22 PRESIDENTS

23 For carrying out the provisions of the Act of August

24 25, 1958, as amended (3 U.S.C. 102 note), and Public

25 Law 95–138, $2,180,000: Provided, That the Adminis-
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1 trator of General Services shall transfer to the Secretary

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

3 out the provisions of such Acts.

4 EXPENSES, PRESIDENTIAL TRANSITION

5 For expenses necessary to carry out the Presidential

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

7 $5,600,000.

8 GENERAL PROVISIONS—GENERAL SERVICES

9 ADMINISTRATION

10 SECTION 401. The appropriate appropriation or fund

11 available to the General Services Administration shall be

12 credited with the cost of operation, protection, mainte13 nance, upkeep, repair, and improvement, included as part

14 of rentals received from Government corporations pursu15 ant to law (40 U.S.C. 129).

16 SEC. 402. Funds available to the General Services

17 Administration shall be available for the hire of passenger

18 motor vehicles.

19 SEC. 403. Funds in the Federal Buildings Fund

20 made available for fiscal year 1997 for Federal Buildings

21 Fund activities may be transferred between such activities

22 only to the extent necessary to meet program require23 ments: Provided, That any proposed transfers shall be ap24 proved in advance by the Committees on Appropriations

25 of the House and Senate.
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1 SEC. 404. Section 10 of the General Services Admin2 istration General Provisions, Public Law 100–440, dated

3 September 22, 1988, is hereby repealed.

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

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

6 States Courthouse construction that does not meet the de7 sign guide standards for construction as established by the

8 General Services Administration, the Judicial Conference

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

10 Budget and does not reflect the priorities of the Judicial

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

12 5-year construction plan: Provided, That the request must

13 be accompanied by a standardized courtroom utilization

14 study of each facility to be replaced or expanded.

15 SEC. 406. (a) Section 210 of the Federal Property

16 and Administrative Services Act of 1949 (40 U.S.C. 490)

17 is amended by adding at the end the following new sub18 section:

19 ‘‘(l)(1) The Administrator may establish, acquire

20 space for, and equip flexiplace work telecommuting centers

21 (in this subsection referred to as ‘telecommuting centers’)

22 for use by employees of Federal agencies, State and local

23 governments, and the private sector in accordance with

24 this subsection.
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1 ‘‘(2) The Administrator may make any telecommut2 ing center available for use by individuals who are not

3 Federal employees to the extent the center is not being

4 fully utilized by Federal employees. The Administrator

5 shall give Federal employees priority in using the tele6 commuting centers.

7 ‘‘(3)(A) The Administrator shall charge user fees for

8 the use of any telecommuting center. The amount of the

9 user fee shall approximate commercial charges for com10 parable space and services except that in no instance shall

11 such fee be less than that necessary to pay the cost of

12 establishing and operating the center, including the rea13 sonable cost of renovation and replacement of furniture,

14 fixtures, and equipment.

15 ‘‘(B) Amounts received by the Administrator after

16 September 30, 1993, as user fees for use of any tele17 commuting center may be deposited into the Fund estab18 lished under subsection (f) of this section and may be used

19 by the Administrator to pay costs incurred in the estab20 lishment and operation of the center.

21 ‘‘(4) The Administrator may provide guidance, assist22 ance, and oversight to any person regarding establishment

23 and operation of alternative workplace arrangements, such

24 as telecommuting, hoteling, virtual offices, and other dis25 tributive work arrangements.
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1 ‘‘(5) In considering whether to acquire any space,

2 quarters, buildings, or other facilities for use by employees

3 of any executive agency, the head of that agency shall con4 sider whether the need for the facilities can be met using

5 alternative workplace arrangements referred to in para6 graph (4).

7 (b) Section 13 of the Public Building Act of 1959,

8 as amended, (107 Stat. 438; 40 U.S.C. 612) is amended—

9 (1) by striking ‘‘(xi)’’ and inserting in lieu

10 thereof ‘‘(xii)’’; and

11 (2) by striking ‘‘and (x)’’ and inserting in lieu

12 thereof ‘‘(x) telecommuting centers and (xi)’’.

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

14 be used to implement a plan for the Ronald Reagan Build15 ing (International Trade Center, Washington, D.C.) which

16 would permit the Woodrow Wilson Center to pay the Gen17 eral Services Administration less than the rate per square

18 foot assessment for space and services which is paid by

19 other Federal entities.

20 SEC. 408. None of the funds provided in this Act may

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

22 provide cleaning services, security enhancements, or any

23 other service usually provided through the Federal Build24 ings Fund, to any agency which does not pay the re25 quested rate per square foot assessment for space and
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1 services as determined by the General Services Adminis2 tration in compliance with the Public Buildings Amend3 ments Act of 1972 (Public Law 92–313).

4 SEC. 409. The Administrator of the General Services

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

6 on the United States Courthouse Annex, Savannah, Geor7 gia project are compatible with the existing Savannah

8 Federal Building-U.S. Courthouse fascade, in order to en9 sure compatibility of this new facility with the Savannah

10 historic district and to ensure that the Annex will not en11 danger the National Landmark status of the Savannah

12 historic district.

13 SEC. 410. Notwithstanding any other provision of

14 this or any other Act, during the fiscal year ending Sep15 tember 30, 1997, and thereafter, the Administrator of

16 General Services may sell or exchange real property, relat17 ed assets or interests therein under the custody and con18 trol of the General Services Administration, whether or

19 not such property or interests therein are excess to its

20 needs, when the Administrator determines that such sale

21 or exchange is consistent with economical management of

22 the Federal real property portfolio, as such portfolio may

23 be defined by the Administrator: Provided, That any pro24 ceeds from such sale or exchange remaining after reim25 bursing the Administrator for the costs of such sales or
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1 changes, including the costs of relocating Federal agencies

2 occupying the property, shall be deposited in the Federal

3 Buildings Fund and shall remain available until expended.

4 JOHN F. KENNEDY ASSASSINATION RECORDS REVIEW

5 BOARD

6 For necessary expenses to carry out the John F. Ken7 nedy Assassination Records Collection Act of 1992,

8 $2,150,000.

9 MERIT SYSTEMS PROTECTION BOARD

10 SALARIES AND EXPENSES

11 (INCLUDING TRANSFER OF FUNDS)

12 For necessary expenses to carry out functions of the

13 Merit Systems Protection Board pursuant to Reorganiza14 tion Plan Numbered 2 of 1978 and the Civil Service Re15 form Act of 1978, including services as authorized by 5

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

17 of Columbia and elsewhere, hire of passenger motor vehi18 cles, and direct procurement of survey printing,

19 $23,297,000, together with not to exceed $2,430,000 for

20 administrative expenses to adjudicate retirement appeals

21 to be transferred from the Civil Service Retirement and

22 Disability Fund in amounts determined by the Merit Sys23 tems Protection Board.
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1 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

2 OPERATING EXPENSES

3 For necessary expenses in connection with the admin4 istration of the National Archives (including the Informa5 tion Security Oversight Office) and records and related ac6 tivities, as provided by law, and for expenses necessary

7 for the review and declassification of documents, and for

8 the hire of passenger motor vehicles, $195,109,000: Pro9 vided, That the Archivist of the United States is author10 ized to use any excess funds available from the amount

11 borrowed for construction of the National Archives facil12 ity, for expenses necessary to move into the facility.

13 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

14 (RESCISSION)

15 Of the funds made available under this heading in

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

17 ARCHIVES FACILITIES AND PRESIDENTIAL LIBRARIES

18 REPAIRS AND RESTORATION

19 For the repair, alteration, and improvement of ar20 chives facilities and presidential libraries, $9,500,000 to

21 remain available until expended.

22 NATIONAL HISTORICAL PUBLICATIONS AND RECORDS

23 COMMISSION

24 GRANTS PROGRAM

25 For necessary expenses for allocations and grants for

26 historical publications and records as authorized by 44
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1 U.S.C. 2504, as amended, $4,000,000 to remain available

2 until expended.

3 OFFICE OF GOVERNMENT ETHICS

4 SALARIES AND EXPENSES

5 For necessary expenses to carry out functions of the

6 Office of Government Ethics pursuant to the Ethics in

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

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

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

10 rental of conference rooms in the District of Columbia and

11 elsewhere, hire of passenger motor vehicles, and not to ex12 ceed $1,500 for official reception and representation ex13 penses; $8,078,000.

14 OFFICE OF PERSONNEL MANAGEMENT

15 SALARIES AND EXPENSES

16 (INCLUDING TRANSFER OF TRUST FUNDS)

17 For necessary expenses to carry out functions of the

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

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

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

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

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

25 reception and representation expenses; advances for reim-
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1 bursements to applicable funds of the Office of Personnel

2 Management and the Federal Bureau of Investigation for

3 expenses incurred under Executive Order 10422 of Janu4 ary 9, 1953, as amended; and payment of per diem and/

5 or subsistence allowances to employees where Voting

6 Rights Act activities require an employee to remain over7 night at his or her post of duty; $86,576,000; and in addi8 tion $93,486,000 for administrative expenses, to be trans9 ferred from the appropriate trust funds of the Office of

10 Personnel Management without regard to other statutes,

11 including direct procurement of printing materials for an12 nuitants, for the retirement and insurance programs, of

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

14 the Office of Personnel Management deems appropriate,

15 and shall remain available until expended for the costs of

16 automating the retirement recordkeeping systems, to17 gether with remaining amounts authorized in previous

18 Acts for the recordkeeping systems: Provided, That the

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

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

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

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

24 Employees Health Benefits Fund to any physician, hos25 pital, or other provider of health care services or supplies
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1 who is, at the time such services or supplies are provided

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

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

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

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

7 Provided further, That no part of this appropriation shall

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

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

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

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

15 1997, accept donations of money, property, and personal

16 services in connection with the development of a publicity

17 brochure to provide information about the White House

18 Fellows, except that no such donations shall be accepted

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

20 salaries of employees of such Commission.

21 GENERAL PROVISIONS—OFFICE OF PERSONNEL

22 MANAGEMENT

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

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

25 after ‘‘basis’’ the following ‘‘, including personnel manage26 ment services performed at the request of individual agen-
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1 cies (which would otherwise be the responsibility of such

2 agencies), or at the request of nonappropriated fund in3 strumentalities’’.

4 OFFICE OF INSPECTOR GENERAL

5 SALARIES AND EXPENSES

6 (INCLUDING TRANSFER OF TRUST FUNDS)

7 For necessary expenses of the Office of Inspector

8 General in carrying out the provisions of the Inspector

9 General Act, as amended, including services as authorized

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

11 $960,000; and in addition, not to exceed $8,645,000 for

12 administrative expenses to audit the Office of Personnel

13 Management’s retirement and insurance programs, to be

14 transferred from the appropriate trust funds of the Office

15 of Personnel Management, as determined by the Inspector

16 General: Provided, That the Inspector General is author17 ized to rent conference rooms in the District of Columbia

18 and elsewhere.

19 REVOLVING FUND

20 For reducing any accumulated deficit in the accounts

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

22 $4,755,000.

23 GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES

24 HEALTH BENEFITS

25 For payment of Government contributions with re26 spect to retired employees, as authorized by chapter 89
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1 of title 5, United States Code, and the Retired Federal

2 Employees Health Benefits Act (74 Stat. 849), as amend3 ed, such sums as may be necessary.

4 GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE

5 LIFE INSURANCE

6 For payment of Government contributions with re7 spect to employees retiring after December 31, 1989, as

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

9 sums as may be necessary.

10 PAYMENT TO CIVIL SERVICE RETIREMENT AND

11 DISABILITY FUND

12 For financing the unfunded liability of new and in13 creased annuity benefits becoming effective on or after Oc14 tober 20, 1969, as authorized by 5 U.S.C. 8348, and an15 nuities under special Acts to be credited to the Civil Serv16 ice Retirement and Disability Fund, such sums as may

17 be necessary: Provided, That annuities authorized by the

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

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

20 be paid out of the Civil Service Retirement and Disability

21 Fund.

22 OFFICE OF SPECIAL COUNSEL

23 SALARIES AND EXPENSES

24 For necessary expenses to carry out functions of the

25 Office of Special Counsel pursuant to Reorganization Plan
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1 Numbered 2 of 1978, the Civil Service Reform Act of

2 1978 (Public Law 95–454), the Whistleblower Protection

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

4 and the Uniformed Services Employment and Reemploy5 ment Act of 1994 (Public Law 103–353), including serv6 ices as authorized by 5 U.S.C. 3109, payment of fees and

7 expenses for witnesses, rental of conference rooms in the

8 District of Columbia and elsewhere, and hire of passenger

9 motor vehicles; $7,840,000.

10 UNITED STATES TAX COURT

11 SALARIES AND EXPENSES

12 For necessary expenses, including contract reporting

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

14 $33,269,000: Provided, That travel expenses of the judges

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

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

17 Appropriations Act, 1997’’.

18 TITLE V—GENERAL PROVISIONS

19 THIS ACT

20 SECTION 501. No part of any appropriation con21 tained in this Act shall remain available for obligation be22 yond the current fiscal year unless expressly so provided

23 herein.

24 SEC. 502. The expenditure of any appropriation

25 under this Act for any consulting service through procure-
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1 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

2 to those contracts where such expenditures are a matter

3 of public record and available for public inspection, except

4 where otherwise provided under existing law, or under ex5 isting Executive order issued pursuant to existing law.

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

7 General Services Administration pursuant to section

8 210(f) of the Federal Property and Administrative Serv9 ices Act of 1949 shall be obligated or expended after the

10 date of enactment of this Act for the procurement by con11 tract of any guard, elevator operator, messenger or custo12 dial services if any permanent veterans preference em13 ployee of the General Services Administration at said date,

14 would be terminated as a result of the procurement of

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

16 expended for the procurement by contract of the covered

17 services with sheltered workshops employing the severely

18 handicapped under Public Law 92–28. Only if such work19 shops decline to contract for the provision of the covered

20 services may the General Services Administration procure

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

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

23 expires or is terminated for any reason, the General Serv24 ices Administration shall again offer to contract for the
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1 services from a sheltered workshop prior to offering such

2 services for competitive procurement.

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

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

5 salary of any Government employee where funding an ac6 tivity or paying a salary to a Government employee would

7 result in a decision, determination, rule, regulation, or pol8 icy that would prohibit the enforcement of section 307 of

9 the Tariff Act of 1930.

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

11 Act shall be available for the purpose of transferring con12 trol over the Federal Law Enforcement Training Center

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

14 of the Treasury Department.

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

16 this Act shall be used for publicity or propaganda purposes

17 within the United States not heretofore authorized by the

18 Congress.

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

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

21 of any officer or employee of the United States Postal

22 Service, who—

23 (1) prohibits or prevents, or attempts or threat24 ens to prohibit or prevent, any officer or employee

25 of the United States Postal Service from having any
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1 direct oral or written communication or contact with

2 any Member or committee of Congress in connection

3 with any matter pertaining to the employment of

4 such officer or employee or pertaining to the United

5 States Postal Service in any way, irrespective of

6 whether such communication or contact is at the ini7 tiative of such officer or employee or in response to

8 the request or inquiry of such Member or committee;

9 or

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

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

12 performance of efficiency rating, denies promotion

13 to, relocates, reassigns, transfers, disciplines, or dis14 criminates in regard to any employment right, enti15 tlement, or benefit, or any term or condition of em16 ployment of, any officer or employee of the United

17 States Postal Service, or attempts or threatens to

18 commit any of the foregoing actions with respect to

19 such officer or employee, by reason of any commu20 nication or contact of such officer or employee with

21 any Member or committee of Congress as described

22 in paragraph (1).

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

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

25 donations of supplies, services, land, and equipment for
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1 the Federal Executive Institute and Management Develop2 ment Centers to assist in enhancing the quality of Federal

3 management.

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

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

6 hereafter, accept donations of money to off-set costs in7 curred while protecting former Presidents and spouses of

8 former Presidents when the former President or spouse

9 travels for the purpose of making an appearance or speech

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

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

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

13 filling a position, other than a temporary position, for14 merly held by an employee who has left to enter the Armed

15 Forces of the United States and has satisfactorily com16 pleted his period of active military or naval service and

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

18 from hospitalization continuing after discharge for a pe19 riod of not more than 1 year made application for restora20 tion to his former position and has been certified by the

21 Office of Personnel Management as still qualified to per22 form the duties of his former position and has not been

23 restored thereto.

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

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

2 organization outside of the Federal Government without

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

5 SEC. 512. No funds appropriated pursuant to this

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

7 that in expending the assistance the entity will comply

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

9 (41 U.S.C. 10a–10c, popularly known as the ‘‘Buy Amer10 ican Act’’).

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

12 EQUIPMENT AND PRODUCTS.—In the case of any equip13 ment or products that may be authorized to be purchased

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

15 sense of the Congress that entities receiving such assist16 ance should, in expending the assistance, purchase only

17 American-made equipment and products.

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

19 providing financial assistance under this Act, the Sec20 retary of the Treasury shall provide to each recipient of

21 the assistance a notice describing the statement made in

22 subsection (a) by the Congress.

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

24 or Federal agency that any person intentionally affixed a

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

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

3 United States, such person shall be ineligible to receive

4 any contract or subcontract made with funds provided

5 pursuant to this Act, pursuant to the debarment, suspen6 sion, and ineligibility procedures described in section

7 9.400 through 9.409 of title 48, Code of Federal Regula8 tions.

9 SEC. 515. Except as otherwise specifically provided

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

11 remaining available at the end of fiscal year 1997 from

12 appropriations made available for salaries and expenses

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

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

15 the purposes authorized: Provided, That a request shall

16 be submitted to the House and Senate Committees on Ap17 propriations for approval prior to the expenditure of such

18 funds.

19 SEC. 516. Where appropriations in this Act are ex20 pendable for travel expenses of employees and no specific

21 limitation has been placed thereon, the expenditures for

22 such travel expenses may not exceed the amount set forth

23 in the budget estimates submitted for appropriations with24 out the advance approval of the House and Senate Com25 mittees on Appropriations: Provided, That this section
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1 shall not apply to travel performed by uncompensated offi2 cials of local boards and appeal boards in the Selective

3 Service System; to travel performed directly in connection

4 with care and treatment of medical beneficiaries of the De5 partment of Veterans Affairs; to travel of the Office of

6 Personnel Management in carrying out its observation re7 sponsibilities of the Voting Rights Act; or to payments to

8 interagency motor pools separately set forth in the budget

9 schedules.

10 SEC. 517. Notwithstanding any other provision of law

11 or regulation during the fiscal year ending September 30,

12 1997, and thereafter:

13 (1) The authority of the special police officers

14 of the Bureau of Engraving and Printing, in the

15 Washington, DC Metropolitan area, extends to

16 buildings and land under the custody and control of

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

18 the Bureau through lease, unless otherwise provided

19 by the acquisition agency; to the streets, sidewalks

20 and open areas immediately adjacent to the Bureau

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

22 Street between Independence and Maine Avenues

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

24 Streets; to areas which include surrounding parking

25 facilities used by Bureau employees, including the
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1 lots at 12th and C Streets, SW, Maine Avenue and

2 Water Streets, SW, Maiden Lane, the Tidal Basin

3 and East Potomac Park; to the protection in transit

4 of United States securities, plates and dies used in

5 the production of United States securities, or other

6 products or implements of the Bureau of Engraving

7 and Printing which the Director of that agency so

8 designates.

9 (2) The authority of the special police officers

10 of the United States Mint extends to the buildings

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

12 to the streets, sidewalks and open areas in the vicin13 ity to such facilities; to surrounding parking facili14 ties used by Mint employees; and to the protection

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

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

17 (3) The exercise of police authority by Bureau

18 or Mint officers, with the exception of the exercise

19 of authority upon property under the custody and

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

21 be deemed supplementary to the Federal police force

22 with primary jurisdictional responsibility. This au23 thority shall be in addition to any other law enforce24 ment authority which has been provided to these of25 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 February 1, 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. 526. That provisions of law governing procure14 ment or public contracts shall not be applicable to the pro15 curement of goods or services necessary for carrying out

16 Bureau of Engraving and Printing program and oper17 ation: Provided, That the authority contained in this provi18 sion shall expire on September 30, 1999.

19 SEC. 527. The United States Mint is hereby author20 ized to establish a demonstration project under the au21 thorities of title V, U.S.C., chapter 47: Provided, That the

22 Director of the United States Mint shall be appointed by

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

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

25 contract, which may be renewed, so long as the Director’s
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1 performance, as set forth in an annual performance agree2 ment with the Secretary of the Treasury, is satisfactory;

3 and the Director shall receive as basic compensation for

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

5 basic pay for level I of the Executive Schedule under sec6 tion 5312 of title 5 and, in addition, may receive an an7 nual bonus awarded by the Secretary, based upon the Sec8 retary’s evaluation of the Director’s performance in ac9 cordance with the performance agreement.

10 SEC. 528. (a) REIMBURSEMENT OF CERTAIN ATTOR11 NEY FEES AND COSTS.—

12 (1) IN GENERAL.—The Secretary of the Treas13 ury shall pay from amounts appropriated in title I

14 of this Act under the heading, ‘‘Departmental Of15 fices, Salaries and Expenses’’, up to $500,000 to re16 imburse former employees of the White House Trav17 el Office whose employment in that Office was ter18 minated on May 19, 1993, for any attorney fees and

19 costs they incurred with respect to that termination.

20 (2) VERIFICATION REQUIRED.—The Secretary

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

22 upon submission by the individual of documentation

23 verifying the attorney fees and costs.
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1 (3) NO INFERENCE OF LIABILITY.—Liability of

2 the United States shall not be inferred from enact3 ment of or payment under this subsection.

4 (b) LIMITATION ON FILING OF CLAIMS.—The Sec5 retary of the Treasury shall not pay any claim filed under

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

7 of the enactment of this Act.

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

9 section to an individual for attorney fees and costs de10 scribed in subsection (a) shall be reduced by any amount

11 received before the date of the enactment of this Act, with12 out obligation for repayment by the individual, for pay13 ment of such attorney fees and costs (including any

14 amount received from the funds appropriated for the indi15 vidual in the matter relating to the ‘‘Office of the General

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

17 title I of the Department of Transportation and Related

18 Agencies Appropriations Act, 1994).

19 (d) PAYMENT IN FULL SETTLEMENT OF CLAIMS

20 AGAINST THE UNITED STATES.—Payment under this sec21 tion, when accepted by an individual described in sub22 section (a), shall be in full satisfaction of all claims of,

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

24 that arose out of the termination of the White House
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1 Travel Office employment of that individual on May 19,

2 1993.

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

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

5 to request from the Federal Bureau of Investigation any

6 official background investigation report on any individual,

7 except when it is made known to the Federal official hav8 ing authority to obligate or expend such funds that—

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

10 written consent for such request not more than 6

11 months prior to the date of such request and during

12 the same presidential administration; or

13 (2) such request is required due to extraor14 dinary circumstances involving national security.

15 TITLE VI—GENERAL PROVISIONS

16 DEPARTMENTS, AGENCIES, AND CORPORATIONS

17 SECTION 601. Funds appropriated in this or any

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

19 for the immediate family of employees serving abroad in

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

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

22 of the United States receiving appropriated funds under

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

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

3 use, possession, or distribution of controlled substances

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

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

8 agency, department or instrumentality of the United

9 States which provides or proposes to provide child care

10 services for Federal employees may reimburse any Federal

11 employee or any person employed to provide such services

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

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

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

18 Code.

19 SEC. 604. Unless otherwise specifically provided, the

20 maximum amount allowable during the current fiscal year

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

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

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

24 and undercover surveillance vehicles), is hereby fixed at

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

3 and by not to exceed $4,000 for special heavy-duty vehi4 cles: Provided further, That the limits set forth in this sec5 tion may not be exceeded by more than 5 percent for elec6 tric or hybrid vehicles purchased for demonstration under

7 the provisions of the Electric and Hybrid Vehicle Re8 search, Development, and Demonstration Act of 1976:

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

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

12 101–549 over the cost of comparable conventionally fueled

13 vehicles.

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

17 of the activity concerned, are hereby made available for

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

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

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

24 United States (including any agency the majority of the

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

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

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

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

5 for citizenship, has filed a declaration of intention to be6 come a citizen of the United States prior to such date and

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

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

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

10 former Soviet Union, or the Baltic countries lawfully ad11 mitted to the United States for permanent residence, (5)

12 is a South Vietnamese, Cambodian, or Laotian refugee pa13 roled in the United States after January 1, 1975, or (6)

14 is a national of the People’s Republic of China who

15 qualifys for adjustment of status pursuant to the Chinese

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

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

18 person shall be considered prima facie evidence that the

19 requirements of this section with respect to his or her sta20 tus have been complied with: Provided further, That any

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

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

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

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

25 to, and not in substitution for, any other provisions of ex-
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1 isting law: Provided further, That any payment made to

2 any officer or employee contrary to the provisions of this

3 section shall be recoverable in action by the Federal Gov4 ernment. This section shall not apply to citizens of Ire5 land, Israel, or the Republic of the Philippines, or to na6 tionals of those countries allied with the United States in

7 the current defense effort, or to international broadcasters

8 employed by the United States Information Agency, or to

9 temporary employment of translators, or to temporary em10 ployment in the field service (not to exceed 60 days) as

11 a result of emergencies.

12 SEC. 607. Appropriations available to any depart13 ment or agency during the current fiscal year for nec14 essary expenses, including maintenance or operating ex15 penses, shall also be available for payment to the General

16 Services Administration for charges for space and services

17 and those expenses of renovation and alteration of build18 ings and facilities which constitute public improvements

19 performed in accordance with the Public Buildings Act of

20 1959 (73 Stat. 749), the Public Buildings Amendments

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

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

23 any other Act, all Federal agencies are authorized to re24 ceive and use funds resulting from the sale of materials

25 recovered through recycling or waste prevention programs.
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1 Such funds shall be available until expended for the follow2 ing purposes:

3 (1) Acquisition, waste reduction and prevention,

4 and recycling programs as described in Executive

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

6 programs adopted prior to the effective date of the

7 Executive Order.

8 (2) Other Federal agency environmental man9 agement programs, including, but not limited to, the

10 development and implementation of hazardous waste

11 management and pollution prevention programs.

12 (3) Other employee programs as authorized by

13 law or as deemed appropriate by the head of the

14 Federal agency.

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

16 Act for administrative expenses in the current fiscal year

17 of the corporations and agencies subject to chapter 91 of

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

19 to objects for which such funds are otherwise available,

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

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

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

23 expenditure of such funds unless otherwise specified in the

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

25 the event any functions budgeted as administrative ex-
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1 penses are subsequently transferred to or paid from other

2 funds, the limitations on administrative expenses shall be

3 correspondingly reduced.

4 SEC. 610. No part of any appropriation for the cur5 rent fiscal year contained in this or any other Act shall

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

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

8 voted not to approve the nomination of said person.

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

10 1997, and thereafter, any department or agency to which

11 the Administrator of General Services has delegated the

12 authority to operate, maintain or repair any building or

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

14 and Administrative Services Act of 1949, as amended,

15 shall retain that portion of the GSA rental payment avail16 able for operation, maintenance or repair of the building

17 or facility, as determined by the Administrator, and ex18 pend such funds directly for the operation, maintenance

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

20 under this section shall remain available until expended

21 for such purposes.

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

23 31, United States Code, is amended to read as follows:
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1 ‘‘§ 1306. Use of foreign credits

2 ‘‘(a) IN GENERAL.—Foreign credits (including cur3 rencies) owed to or owned by the United States may be

4 used by any agency for any purpose for which appropria5 tions are made for the agency for the current fiscal year

6 (including the carrying out of Acts requiring or authoriz7 ing the use of such credits), but only when reimbursement

8 therefor is made to the Treasury from applicable appro9 priations of the agency.

10 ‘‘(b) EXCEPTION TO REIMBURSEMENT REQUIRE11 MENT.—Credits described in subsection (a) that are re12 ceived as exchanged allowances, or as the proceeds of the

13 sale of personal property, may be used in whole or partial

14 payment for the acquisition of similar items, to the extent

15 and in the manner authorized by law, without reimburse16 ment to the Treasury.’’.

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

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

19 this Act and shall apply thereafter.

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

21 this or any other Act shall be available for interagency

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

23 similar groups (whether or not they are interagency enti24 ties) which do not have a prior and specific statutory ap25 proval to receive financial support from more than one

26 agency or instrumentality.
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1 SEC. 614. Funds made available by this or any other

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

3 be available for employment of guards for all buildings and

4 areas owned or occupied by the Postal Service and under

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

6 guards shall have, with respect to such property, the pow7 ers of special policemen provided by the first section of

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

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

10 the Postal Service, the Postmaster General may take the

11 same actions as the Administrator of General Services

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

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

14 318a, 318b), attaching thereto penal consequences under

15 the authority and within the limits provided in section 4

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

17 40 U.S.C. 318c).

18 SEC. 615. None of the funds made available pursuant

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

20 administer, or enforce any regulation which has been dis21 approved pursuant to a resolution of disapproval duly

22 adopted in accordance with the applicable law of the Unit23 ed States.

24 SEC. 616. (a) Notwithstanding any other provision

25 of law, and except as otherwise provided in this section,
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1 no part of any of the funds appropriated for the fiscal

2 year ending on September 30, 1997, by this or any other

3 Act, may be used to pay any prevailing rate employee de4 scribed in section 5342(a)(2)(A) of title 5, United States

5 Code—

6 (1) during the period from the date of expira7 tion of the limitation imposed by section 616 of the

8 Treasury, Postal Service and General Government

9 Appropriations Act, 1996, until the normal effective

10 date of the applicable wage survey adjustment that

11 is to take effect in fiscal year 1997, in an amount

12 that exceeds the rate payable for the applicable

13 grade and step of the applicable wage schedule in

14 accordance with such section 616; and

15 (2) during the period consisting of the remain16 der of fiscal year 1997, in an amount that exceeds,

17 as a result of a wage survey adjustment, the rate

18 payable under paragraph (1) by more than the sum

19 of—

20 (A) the percentage adjustment taking ef21 fect in fiscal year 1997 under section 5303 of

22 title 5, United States Code, in the rates of pay

23 under the General Schedule; and

24 (B) the difference between the overall aver25 age percentage of the locality-based comparabil-
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1 ity payments taking effect in fiscal year 1997

2 under section 5304 of such title (whether by

3 adjustment or otherwise), and the overall aver4 age percentage of such payments which was ef5 fective in fiscal year 1996 under such section.

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

7 prevailing rate employee described in subparagraph (B) or

8 (C) of section 5342(a)(2) of title 5, United States Code,

9 and no employee covered by section 5348 of such title,

10 may be paid during the periods for which subsection (a)

11 is in effect at a rate that exceeds the rates that would

12 be payable under subsection (a) were subsection (a) appli13 cable to such employee.

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

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

16 is paid from a schedule not in existence on September 30,

17 1996, shall be determined under regulations prescribed by

18 the Office of Personnel Management.

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

20 of premium pay for employees subject to this section may

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

22 1996, except to the extent determined by the Office of

23 Personnel Management to be consistent with the purpose

24 of this section.
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1 (e) This section shall apply with respect to pay for

2 service performed after September 30, 1996.

3 (f) For the purpose of administering any provision

4 of law (including section 8431 of title 5, United States

5 Code, and any rule or regulation that provides premium

6 pay, retirement, life insurance, or any other employee ben7 efit) that requires any deduction or contribution, or that

8 imposes any requirement or limitation on the basis of a

9 rate of salary or basic pay, the rate of salary or basic pay

10 payable after the application of this section shall be treat11 ed as the rate of salary or basic pay.

12 (g) Nothing in this section shall be considered to per13 mit or require the payment to any employee covered by

14 this section at a rate in excess of the rate that would be

15 payable were this section not in effect.

16 (h) The Office of Personnel Management may provide

17 for exceptions to the limitations imposed by this section

18 if the Office determines that such exceptions are necessary

19 to ensure the recruitment or retention of qualified employ20 ees.

21 SEC. 617. During the period in which the head of

22 any department or agency, or any other officer or civilian

23 employee of the Government appointed by the President

24 of the United States, holds office, no funds may be obli25 gated or expended in excess of $5,000 to furnish or re-
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1 decorate the office of such department head, agency head,

2 officer or employee, or to purchase furniture or make im3 provements for any such office, unless advance notice of

4 such furnishing or redecoration is expressly approved by

5 the Committees on Appropriations of the House and Sen6 ate. For the purposes of this section, the word ‘‘office’’

7 shall include the entire suite of offices assigned to the indi8 vidual, as well as any other space used primarily by the

9 individual or the use of which is directly controlled by the

10 individual.

11 SEC. 618. Notwithstanding any other provision of

12 law, no executive branch agency shall purchase, construct,

13 and/or lease any additional facilities, except within or con14 tiguous to existing locations, to be used for the purpose

15 of conducting Federal law enforcement training without

16 the advance approval of the House and Senate Committees

17 on Appropriations.

18 SEC. 619. Notwithstanding section 1346 of title 31,

19 United States Code, or section 613 of this Act, funds

20 made available for fiscal year 1997 by this or any other

21 Act shall be available for the interagency funding of na22 tional security and emergency preparedness telecommuni23 cations initiatives which benefit multiple Federal depart24 ments, agencies, or entities, as provided by Executive

25 Order Numbered 12472 (April 3, 1984).
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1 SEC. 620. (a) None of the funds appropriated by this

2 or any other Act may be obligated or expended by any

3 Federal department, agency, or other instrumentality for

4 the salaries or expenses of any employee appointed to a

5 position of a confidential or policy-determining character

6 excepted from the competitive service pursuant to section

7 3302 of title 5, United States Code, without a certification

8 to the Office of Personnel Management from the head of

9 the Federal department, agency, or other instrumentality

10 employing the Schedule C appointee that the Schedule C

11 position was not created solely or primarily in order to

12 detail the employee to the White House.

13 (b) The provisions of this section shall not apply to

14 Federal employees or members of the armed services de15 tailed to or from—

16 (1) the Central Intelligence Agency;

17 (2) the National Security Agency;

18 (3) the Defense Intelligence Agency;

19 (4) the offices within the Department of De20 fense for the collection of specialized national foreign

21 intelligence through reconnaissance programs;

22 (5) the Bureau of Intelligence and Research of

23 the Department of State;

24 (6) any agency, office, or unit of the Army,

25 Navy, Air Force, and Marine Corps, the Federal Bu-
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1 reau of Investigation and the Drug Enforcement Ad2 ministration of the Department of Justice, the De3 partment of Transportation, the Department of the

4 Treasury, and the Department of Energy perform5 ing intelligence functions; and

6 (7) the Director of Central Intelligence.

7 SEC. 621. No department, agency, or instrumentality

8 of the United States receiving appropriated funds under

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

10 or expend any such funds, unless such department, agency

11 or instrumentality has in place, and will continue to ad12 minister in good faith, a written policy designed to ensure

13 that all of its workplaces are free from discrimination and

14 sexual harassment and that all of its workplaces are not

15 in violation of title VII of the Civil Rights Act of 1964,

16 as amended, the Age Discrimination in Employment Act

17 of 1967, and the Rehabilitation Act of 1973.

18 SEC. 622. No part of any appropriation contained in

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

20 of employees, including employees of the Executive Office

21 of the President, not directly responsible for the discharge

22 of official governmental tasks and duties: Provided, That

23 this restriction shall not apply to the family of the Presi24 dent, Members of Congress or their spouses, Heads of

25 State of a foreign country or their designees, persons pro-
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1 viding assistance to the President for official purposes, or

2 other individuals so designated by the President.

3 SEC. 623. Notwithstanding any provision of law, the

4 President, or his designee, must certify to Congress, annu5 ally, that no person or persons with direct or indirect re6 sponsibility for administering the Executive Office of the

7 President’s Drug-Free Workplace Plan are themselves

8 subject to a program of individual random drug testing.

9 SEC. 624. (a) None of the funds made available in

10 this Act or any other Act may be obligated or expended

11 for any employee training when it is made known to the

12 Federal official having authority to obligate or expend

13 such funds that such employee training—

14 (1) does not meet identified needs for knowl15 edge, skills, and abilities bearing directly upon the

16 performance of official duties;

17 (2) contains elements likely to induce high lev18 els of emotional response or psychological stress in

19 some participants;

20 (3) does not require prior employee notification

21 of the content and methods to be used in the train22 ing and written end of course evaluation;

23 (4) contains any methods or content associated

24 with religious or quasi-religious belief systems or

25 ‘‘new age’’ belief systems as defined in Equal Em-
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1 ployment Opportunity Commission Notice N–

2 915.022, dated September 2, 1988;

3 (5) is offensive to, or designed to change, par4 ticipants’ personal values or lifestyle outside the

5 workplace; or

6 (6) includes content related to human

7 immunodeficiency virus/acquired immune deficiency

8 syndrome (HIV/AIDS) other than that necessary to

9 make employees more aware of the medical ramifica10 tions of HIV/AIDS and the workplace rights of

11 HIV-positive employees.

12 (b) Nothing in this section shall prohibit, restrict, or

13 otherwise preclude an agency from conducting training

14 bearing directly upon the performance of official duties.

15 SEC. 625. No funds appropriated in this or any other

16 Act for fiscal year 1997 may be used to implement or en17 force the agreements in Standard Forms 312 and 4355

18 of the Government or any other nondisclosure policy,

19 form, or agreement if such policy, form, or agreement does

20 not contain the following provisions: ‘‘These restrictions

21 are consistent with and do not supersede, conflict with,

22 or otherwise alter the employee obligations, rights, or li23 abilities created by Executive Order 12356; section 7211

24 of title 5, United States Code (governing disclosures to

25 Congress); section 1034 of title 10, United States Code,
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1 as amended by the Military Whistleblower Protection Act

2 (governing disclosure to Congress by members of the mili3 tary); section 2302(b)(8) of title 5, United States Code,

4 as amended by the Whistleblower Protection Act (govern5 ing disclosures of illegality, waste, fraud, abuse or public

6 health or safety threats); the Intelligence Identities Pro7 tection Act of 1982 (50 U.S.C. 421 et seq.) (governing

8 disclosures that could expose confidential Government

9 agents); and the statutes which protect against disclosure

10 that may compromise the national security, including sec11 tions 641, 793, 794, 798, and 952 of title 18, United

12 States Code, and section 4(b) of the Subversive Activities

13 Act of 1950 (50 U.S.C. section 783(b)). The definitions,

14 requirements, obligations, rights, sanctions, and liabilities

15 created by said Executive Order and listed statutes are

16 incorporated into this agreement and are controlling.’’:

17 Provided, That notwithstanding the preceding paragraph,

18 a nondisclosure policy form or agreement that is to be exe19 cuted by a person connected with the conduct of an intel20 ligence or intelligence-related activity, other than an em21 ployee or officer of the United States Government, may

22 contain provisions appropriate to the particular activity

23 for which such document is to be used. Such form or

24 agreement shall, at a minimum, require that the person

25 will not disclose any classified information received in the
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1 course of such activity unless specifically authorized to do

2 so by the United States Government. Such nondisclosure

3 forms shall also make it clear that they do not bar disclo4 sures to Congress or to an authorized official of an execu5 tive agency or the Department of Justice that are essential

6 to reporting a substantial violation of law.

7 SEC. 626. (a) None of the funds appropriated by this

8 or any other Act may be expended by any Federal Agency

9 to procure any product or service subject to section 5124

10 of Public Law 104–106 and that will be available under

11 the procurement by the Administrator of General Services

12 known as ‘‘FTS2000’’ unless—

13 (1) such product or service is procured by the

14 Administrator of General Services as part of the

15 procurement known as ‘‘FTS2000’’; or

16 (2) that agency establishes to the satisfaction of

17 the Administrator of General Services that—

18 (A) that agency’s requirements for such

19 procurement are unique and cannot be satisfied

20 by property and service procured by the Admin21 istrator of General Services as part of the pro22 curement known as ‘‘FTS2000’’; and

23 (B) the agency procurement, pursuant to

24 such delegation, would be cost-effective and
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1 would not adversely affect the cost-effectiveness

2 of the FTS2000 procurement.

3 (b) After July 31, 1997, subsection (a) shall apply

4 only if the Administrator of General Services has reported

5 that the FTS2000 procurement is producing prices that

6 allow the Government to satisfy its requirements for such

7 procurement in the most cost-effective manner.

8 SEC. 627. Subsection (f) of section 403 of Public Law

9 103–356 is amended by deleting ‘‘October 1, 1999’’ and

10 inserting ‘‘October 1, 2001’’.

11 SEC. 628. (a) IN GENERAL.—Notwithstanding any

12 other provision of law, none of the funds made available

13 by this Act for the Department of the Treasury shall be

14 available for any activity or for paying the salary of any

15 Government employee where funding an activity or paying

16 a salary to a Government employee would result in a deci17 sion, determination, rule, regulation, or policy that would

18 permit the Secretary of the Treasury to make any loan

19 or extension of credit under section 5302 of title 31, Unit20 ed States Code, with respect to a single foreign entity or

21 government of a foreign country (including agencies or

22 other entities of that government)—

23 (1) with respect to a loan or extension of credit

24 for more than 60 days, unless the President certifies

25 to the Committee on Banking, Housing, and Urban
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1 Affairs of the Senate and the Committee on Banking

2 and Financial Services of the House of Representa3 tives that—

4 (A) there is no projected cost (as that term

5 is defined in section 502 of the Federal Credit

6 Reform Act of 1990) to the United States from

7 the proposed loan or extension of credit; and

8 (B) any proposed obligation or expenditure

9 of United States funds to or on behalf of the

10 foreign government is adequately backed by an

11 assured source of repayment to ensure that all

12 United States funds will be repaid; and

13 (2) other than as provided by an Act of Con14 gress, if that loan or extension of credit would result

15 in expenditures and obligations, including contingent

16 obligations, aggregating more than $1,000,000,000

17 with respect to that foreign country for more than

18 180 days during the 12-month period beginning on

19 the date on which the first such action is taken.

20 (b) WAIVER OF LIMITATIONS.—The President may

21 exceed the dollar and time limitations in subsection (a)(2)

22 if he certifies in writing to the Congress that a financial

23 crisis in that foreign country poses a threat to vital United

24 States economic interests or to the stability of the inter25 national financial system.
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1 (c) EXPEDITED PROCEDURES FOR A RESOLUTION OF

2 DISAPPROVAL.—A presidential certification pursuant to

3 subsection (b) shall not take effect, if the Congress, within

4 30 calendar days after receiving such certification, enacts

5 a joint resolution of disapproval, as described in paragraph

6 (5) of this subsection.

7 (1) REFERENCE TO COMMITTEES.—All joint

8 resolutions introduced in the Senate to disapprove

9 the certification shall be referred to the Committee

10 on Banking, Housing, and Urban Affairs, and in the

11 House of Representatives, to the appropriate com12 mittees.

13 (2) DISCHARGE OF COMMITTEES.—(A) If the

14 committee of either House to which a resolution has

15 been referred has not reported it at the end of 15

16 days after its introduction, it is in order to move ei17 ther to discharge the committee from further consid18 eration of the joint resolution or to discharge the

19 committee from further consideration of any other

20 resolution introduced with respect to the same mat21 ter, except no motion to discharge shall be in order

22 after the committee has reported a joint resolution

23 with respect to the same matter.

24 (B) A motion to discharge may be made only by

25 an individual favoring the resolution, and is privi-
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1 leged in the Senate; and debate thereon shall be lim2 ited to not more than 1 hour, the time to be divided

3 in the Senate equally between, and controlled by, the

4 majority leader and the minority leader or their des5 ignees.

6 (3) FLOOR CONSIDERATION IN THE SENATE.—

7 (A) A motion in the Senate to proceed to the consid8 eration of a resolution shall be privileged.

9 (B) Debate in the Senate on a resolution, and

10 all debatable motions and appeals in connection

11 therewith, shall be limited to not more than 4 hours,

12 to be equally divided between, and controlled by, the

13 majority leader and the minority leader or their des14 ignees.

15 (C) Debate in the Senate on any debatable mo16 tion or appeal in connection with a resolution shall

17 be limited to not more than 20 minutes, to be equal18 ly divided between, and controlled by, the mover and

19 the manager of the resolution, except that in the

20 event the manager of the resolution is in favor of

21 any such motion or appeal, the time in opposition

22 thereto, shall be controlled by the minority leader or

23 his designee. Such leaders, or either of them, may,

24 from time under their control on the passage of a

25 resolution, allot additional time to any Senator dur-
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1 ing the consideration of any debatable motion or ap2 peal.

3 (D) A motion in the Senate to further limit de4 bate on a resolution, debatable motion, or appeal is

5 not debatable. No amendment to, or motion to re6 commit, a resolution is in order in the Senate.

7 (4) In the case of a resolution, if prior to the

8 passage by one House of a resolution of that House,

9 that House receives a resolution with respect to the

10 same matter from the other House, then—

11 (A) the procedure in that House shall be

12 the same as if no resolution had been received

13 from the other House; but

14 (B) the vote on final passage shall be on

15 the resolution of the other House.

16 (5) For purposes of this subsection, the term

17 ‘‘joint resolution’’ means only a joint resolution of

18 the 2 Houses of Congress, the matter after the re19 solving clause of which is as follows: ‘‘That the Con20 gress disapproves the action of the President under

21 section 628(c) of the Treasury, Postal Service, and

22 General Government Appropriations Act, 1997, no23 tice of which was submitted to the Congress on

24 lllllll.’’, with the blank space being filled

25 with the appropriate date.
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1 (d) APPLICABILITY.—This section—

2 (1) shall not apply to any action taken as part

3 of the program of assistance to Mexico announced

4 by the President on January 31, 1995; and

5 (2) shall remain in effect through fiscal year

6 1997.

7 SEC. 629. (a) TECHNICAL AMENDMENT.—Section

8 640 of Public Law 104–52 (109 Stat. 513) is amended

9 by striking ‘‘Service performed’’ and inserting ‘‘Hereafter,

10 service performed’’.

11 (b) EFFECTIVE DATE.—The amendment made by

12 subsection (a) shall take effect as if included in Public

13 Law 104–52 on the date of its enactment.

14 SEC. 630. Notwithstanding any other provision of

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

16 for any fiscal year shall be available for paying Sunday

17 premium or differential pay to any employee unless such

18 employee actually performed work during the time cor19 responding to such premium or differential pay.

20 SEC. 631. No part of any funds appropriated in this

21 or any other Act shall be used by an agency of the execu22 tive branch, other than for normal and recognized execu23 tive-legislative relationships, for publicity or propaganda

24 purposes, and for the preparation, distribution or use of

25 any kit, pamphlet, booklet, publication, radio, television or
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1 film presentation designed to support or defeat legislation

2 pending before the Congress, except in presentation to the

3 Congress itself.

4 SEC. 632. (a) FEDERAL EMPLOYEE REPRESENTA5 TION IMPROVEMENT.—Subsection (d) of section 205 of

6 title 18, United States Code, is amended to read as fol7 lows:

8 ‘‘(d)(1) Nothing in subsection (a) or (b) prevents an

9 officer or employee, if not inconsistent with the faithful

10 performance of that officer’s or employee’s duties, from

11 acting without compensation as agent or attorney for, or

12 otherwise representing—

13 ‘‘(A) any person who is the subject of discipli14 nary, loyalty, or other personnel administration pro15 ceedings in connection with those proceedings; or

16 ‘‘(B) except as provided in paragraph (2), any

17 cooperative, voluntary, professional, recreational, or

18 similar organization or group not established or op19 erated for profit, if a majority of the organization’s

20 or group’s members are current officers or employ21 ees of the United States or of the District of Colum22 bia, or their spouses or dependent children.

23 ‘‘(2) Paragraph (1)(B) does not apply with respect

24 to a covered matter that—
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1 ‘‘(A) is a claim under subsection (a)(1) or

2 (b)(1);

3 ‘‘(B) is a judicial or administrative proceeding

4 where the organization or group is a party; or

5 ‘‘(C) involves a grant, contract, or other agree6 ment (including a request for any such grant, con7 tract, or agreement) providing for the disbursement

8 of Federal funds to the organization or group.’’.

9 (b) APPLICATION TO LABOR-MANAGEMENT RELA10 TIONS.—Section 205 of title 18, United States Code, is

11 amended by adding at the end the following:

12 ‘‘(i) Nothing in this section prevents an employee

13 from acting pursuant to—

14 ‘‘(1) chapter 71 of title 5;

15 ‘‘(2) section 1004 or chapter 12 of title 39;

16 ‘‘(3) section 3 of the Tennessee Valley Author17 ity Act of 1933 (16 U.S.C. 831b);

18 ‘‘(4) chapter 10 of title I of the Foreign Service

19 Act of 1980 (22 U.S.C. 4104 et seq.); or

20 ‘‘(5) any provision of any other Federal or Dis21 trict of Columbia law that authorizes labor-manage22 ment relations between an agency or instrumentality

23 of the United States or the District of Columbia and

24 any labor organization that represents its employ25 ees.’’.
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1 (c) 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. 633. SURVIVOR ANNUITY RESUMPTION UPON

5 TERMINATION OF MARRIAGE.—(a) AMENDMENTS.—

6 (1) CIVIL SERVICE RETIREMENT SYSTEM.—Sec7 tion 8341(e) of title 5, United States Code, is

8 amended by adding at the end the following:

9 ‘‘(4) If the annuity of a child under this subchapter

10 terminates under paragraph (3)(E) because of marriage,

11 then, if such marriage ends, such annuity shall resume

12 on the first day of the month in which it ends, but only

13 if—

14 ‘‘(A) any lump sum paid is returned to the

15 Fund; and

16 ‘‘(B) that individual is not otherwise ineligible

17 for such annuity.’’.

18 (2) FEDERAL EMPLOYEES’ RETIREMENT SYS19 TEM.—Section 8443(b) of such title is amended by

20 adding at the end the following: ‘‘If the annuity of

21 a child under this subchapter terminates under sub22 paragraph (E) because of marriage, then, if such

23 marriage ends, such annuity shall resume on the

24 first day of the month in which it ends, but only if

25 any lump sum paid is returned to the Fund, and
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1 that individual is not otherwise ineligible for such

2 annuity.’’.

3 (b) APPLICABILITY.—The amendments made by sec4 tion 1 shall apply with respect to any termination of mar5 riage taking effect on or after November 1, 1993, except

6 that any recomputation of benefits shall be payable only

7 with respect to amounts accruing for periods beginning on

8 or after the date of the enactment of this Act.

9 SEC. 634. AVAILABILITY OF ANNUAL LEAVE TO

10 MEET MINIMUM AGE AND SERVICE REQUIREMENTS FOR

11 TITLE TO AN IMMEDIATE ANNUITY.—(a) CIVIL SERVICE

12 RETIREMENT SYSTEM.—Section 8336 of title 5, United

13 States Code, is amended by adding at the end the follow14 ing:

15 ‘‘(o)(1) An employee involuntarily separated from

16 service due to a reduction in force shall, upon written elec17 tion, be given credit for days of unused annual leave

18 standing to such employee’s credit under a formal leave

19 system as of the date of separation, if and to the extent

20 necessary in order to meet the minimum age and service

21 requirements for title to an annuity under this section.

22 ‘‘(2) The Office shall prescribe any regulations which

23 may be necessary to carry out this subsection, including

24 regulations under which contributions to the Fund shall,
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1 with respect to the days of leave for which credit is given

2 under this subsection, be made—

3 ‘‘(A) by the employee, equal to the employee

4 contributions which would have been required for

5 those days if separation had not occurred; and

6 ‘‘(B) by the agency from which separated, equal

7 to the Government contributions which would have

8 been required if separation had not occurred.

9 Contributions under the preceding sentence shall be deter10 mined based on the rate of basic pay last in effect before

11 separation.

12 ‘‘(3) Nothing in this subsection shall be considered—

13 ‘‘(A) to allow credit to be given for any leave

14 standing to the credit of the employee (other than

15 by restoration) pursuant to subchapter III or IV of

16 chapter 63 or other similar authority;

17 ‘‘(B) to permit or require the making of any

18 contributions to the Thrift Savings Fund with re19 spect to any period after the date of separation; or

20 ‘‘(C) to make any days of annual leave cred21 itable for purposes of section 8333, any determina22 tion of average pay, or any computation of annuity.

23 ‘‘(4)(A) The taking of a lump-sum payment under

24 section 5551 or other similar authority shall not make any
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1 of the leave to which such payment relates unavailable for

2 purposes of this subsection.

3 ‘‘(B) The use of any leave for purposes of this sub4 section shall not reduce the amount of leave for which a

5 lump-sum payment is payable under section 5551 or other

6 similar authority.

7 ‘‘(5) This subsection shall apply with respect to sepa8 rations occurring on or after the date of the enactment

9 of this subsection and before July 1, 2002.’’.

10 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—

11 Section 8412 of title 5, United States Code, is amended

12 by adding at the end the following:

13 ‘‘(i)(1) An employee involuntarily separated from

14 service due to a reduction in force shall, upon written elec15 tion, be given credit for days of unused annual leave

16 standing to such employee’s credit under a formal leave

17 system as of the date of separation, if and to the extent

18 necessary in order to meet the minimum age and service

19 requirements for title to an annuity under this section or

20 section 8414.

21 ‘‘(2) The Office shall prescribe any regulations which

22 may be necessary to carry out this subsection, including

23 regulations under which contributions to the Fund shall,

24 with respect to the days of leave for which credit is given

25 under this subsection, be made—
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1 ‘‘(A) by the employee, equal to the employee

2 contributions which would have been required for

3 those days if separation had not occurred; and

4 ‘‘(B) by the agency from which separated, equal

5 to the Government contributions which would have

6 been required if separation had not occurred.

7 Contributions under the preceding sentence shall be deter8 mined based on the rate of basic pay last in effect before

9 separation.

10 ‘‘(3) Nothing in this subsection shall be considered—

11 ‘‘(A) to allow credit to be given for any leave

12 standing to the credit of the employee (other than

13 by restoration) pursuant to subchapter III or IV of

14 chapter 63 or other similar authority;

15 ‘‘(B) to permit or require the making of any

16 contributions to the Thrift Savings Fund with re17 spect to any period after the date of separation; or

18 ‘‘(C) to make any days of annual leave cred19 itable for purposes of section 8410, any determina20 tion of average pay, or any computation of annuity.

21 ‘‘(4)(A) The taking of a lump-sum payment under

22 section 5551 or other similar authority shall not make any

23 of the leave to which such payment relates unavailable for

24 purposes of this subsection.
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1 ‘‘(B) The use of any leave for purposes of this sub2 section shall not reduce the amount of leave for which a

3 lump-sum payment is payable under section 5551 or other

4 similar authority.

5 ‘‘(5) This subsection shall apply with respect to sepa6 rations occurring on or after the date of the enactment

7 of this subsection and before July 1, 2002.’’.

8 SEC. 635. Section 207(e)(6)(B) of title 18, United

9 States Code, is amended by striking ‘‘level V of the Execu10 tive Schedule’’ and inserting ‘‘level 5 of the Senior Execu11 tive Service’’.

12 SEC. 636. REIMBURSEMENTS RELATING TO PROFES13 SIONAL LIABILITY INSURANCE.—(a) AUTHORITY.—Not14 withstanding any other provision of law, amounts appro15 priated by this Act (or any other Act for fiscal year 1997

16 or any fiscal year thereafter) for salaries and expenses

17 may be used to reimburse any qualified employee for not

18 to exceed one-half the costs incurred by such employee for

19 professional liability insurance. A payment under this sec20 tion shall be contingent upon the submission of such infor21 mation or documentation as the employing agency may re22 quire.

23 (b) QUALIFIED EMPLOYEE.—For purposes of this

24 section, the term ‘‘qualified employee’’ means an agency

25 employee whose position is that of—
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1 (1) a law enforcement officer; or

2 (2) a supervisor or management official.

3 (c) DEFINITIONS.—For purposes of this section—

4 (1) the term ‘‘agency’’ means an Executive

5 agency, as defined by section 105 of title 5, United

6 States Code;

7 (2) the term ‘‘law enforcement officer’’ means

8 an employee, the duties of whose position are pri9 marily the investigation, apprehension, prosecution,

10 or detention of individuals suspected or convicted of

11 offenses against the criminal laws of the United

12 States, including any law enforcement officer under

13 section 8331(20) or 8401(17) of such title 5;

14 (3) the terms ‘‘supervisor’’ and ‘‘management

15 official’’ have the respective meanings given them by

16 section 7103(a) of such title 5, and

17 (4) the term ‘‘professional liability insurance’’

18 means insurance which provides coverage for—

19 (A) legal liability for damages due to inju20 ries to other persons, damage to their property,

21 or other damage or loss to such other persons

22 (including the expenses of litigation and settle23 ment) resulting from or arising out of any

24 tortious act, error, or omission of the covered

25 individual (whether common law, statutory, or
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1 constitutional) while in the performance of such

2 individual’s official duties as a qualified em3 ployee; and

4 (B) the cost of legal representation for the

5 covered individual in connection with any ad6 ministrative or judicial proceeding (including

7 any investigation or disciplinary proceeding) re8 lating to any act, error, or omission of the cov9 ered individual while in the performance of such

10 individual’s official duties as a qualified em11 ployee, and other legal costs and fees relating

12 to any such administrative or judicial proceed13 ing.

14 (d) APPLICABILITY.—The amendments made by this

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

16 this Act and shall apply thereafter.

17 TITLE VII—SUPPLEMENTAL APPROPRIATIONS

18 AND RESCISSIONS FOR THE FISCAL YEAR

19 ENDING SEPTEMBER 30, 1996

20 BUREAU OF ALCOHOL, TOBACCO AND FIREARMS

21 SALARIES AND EXPENSES

22 For an additional amount for ‘‘Salaries and Ex23 penses’’ to be used in connection with investigations of

24 arson at religious institutions, $12,011,000, available
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1 upon enactment of this Act and to remain available until

2 expended.

3 INTERNAL REVENUE SERVICE

4 INFORMATION SYSTEMS

5 (RESCISSION)

6 Of the funds made available under this heading for

7 Tax Systems Modernization in Public Law 104–52,

8 $12,011,000 are rescinded.

9 This Act may be cited as the ‘‘Treasury, Postal Serv10 ice, and General Government Appropriations Act, 1997’’.

Union Calendar No. 337

104TH CONGRESS

2D SESSION H. R. 3756

[Report No. 104–660]

A BILL

Making appropriations for the Treasury Departtember 30, 1997, and for other purposes. pendent Agencies, for the fiscal year ending Sep- ecutive Office of the President, and certain Inde- ment, the United States Postal Service, the ExJULY 8, 1996

Committed to the Committee of the Whole House on

the State of the Union and ordered to be printed