Calendar No. 510

104TH CONGRESS

2D SESSION H. R. 3756

[Report No. 104–330]

AN ACT

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 23, 1996

Reported with amendments
II

Calendar No. 510

104TH CONGRESS

2D SESSION H. R. 3756

[Report No. 104–330]

IN THE SENATE OF THE UNITED STATES

JULY 18, 1996

Received; read twice and referred to the Committee on Appropriations

JULY 23, 1996

Reported by Mr. SHELBY, with amendments

[Omit the part struck through and insert the part printed in italic]

AN ACT

Making appropriations for the Treasury Department, the

United States Postal Service, the Executive Office of

the President, and certain Independent Agencies, for the

fiscal year ending September 30, 1997, and for other

purposes.

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

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 Treasury Department, the United States Postal Service,

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

2 1997, and for other purposes, namely:

3 TITLE I—DEPARTMENT OF THE TREASURY

4 DEPARTMENTAL OFFICES

5 SALARIES AND EXPENSES

6 For necessary expenses of the Departmental Offices

7 including operation and maintenance of the Treasury

8 Building and Annex; hire of passenger motor vehicles;

9 maintenance, repairs, and improvements of, and purchase

10 of commercial insurance policies for, real properties leased

11 or owned overseas, when necessary for the performance

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

13 travel expenses; not to exceed $150,000 for official recep14 tion and representation expenses; not to exceed $258,000

15 for unforeseen emergencies of a confidential nature, to be

16 allocated and expended under the direction of the Sec17 retary of the Treasury and to be accounted for solely on

18 his certificate; $108,447,000 $111,348,000: Provided, That

19 up to $500,000 shall be made available to implement sec20 tion 528 of this Act.

21 AUTOMATION ENHANCEMENT

22 INCLUDING TRANSFER OF FUNDS

23 For the development and acquisition of automatic

24 data processing equipment, software, and services for the

25 Department of the Treasury, $27,100,000, of which
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1 $15,000,000 shall be available to the United States Cus2 toms Service for the Automated Commercial Environment

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

4 United States Customs Service Departmental offices for

5 the International Trade Data System: Provided, That

6 these funds shall remain available until September 30,

7 1999: Provided further, That these funds shall be trans8 ferred to accounts and in amounts as necessary to satisfy

9 the requirements of the Department’s offices, bureaus,

10 and other organizations: Provided further, That this trans11 fer authority shall be in addition to any other transfer au12 thority provided in this Act: Provided further, That none

13 of the funds shall be used to support or supplement Inter14 nal Revenue Service appropriations for Information Sys15 tems and Tax Systems Modernization:–Provided further,

16 That none of the funds available for the Automated Com17 mercial Environment or the International Trade Data

18 System may be obligated without the advance approval of

19 the House and Senate Committees on Appropriations.

20 OFFICE OF INSPECTOR GENERAL

21 SALARIES AND EXPENSES

22 For necessary expenses of the Office of Inspector

23 General in carrying out the provisions of the Inspector

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

25 $2,000,000 for official travel expenses; including hire of
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1 passenger motor vehicles; and not to exceed $100,000 for

2 unforeseen emergencies of a confidential nature, to be allo3 cated and expended under the direction of the Inspector

4 General of the Treasury; $29,319,000 $30,153,000.

5 OFFICE OF PROFESSIONAL RESPONSIBILITY

6 SALARIES AND EXPENSES

7 INCLUDING TRANSFER OF FUNDS

8 For necessary expenses of the Office of Professional

9 Responsibility, including purchase and hire of passenger

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

11 transfer from the United States Customs Service, salaries

12 and expenses appropriation: Provided, That none of the

13 funds shall be obligated without the advance approval of

14 the House and Senate Committees on Appropriations.

15 TREASURY BUILDINGS AND ANNEX REPAIR AND

16 RESTORATION

17 INCLUDING TRANSFER OF FUNDS

18 For the repair, alteration, and improvement of the

19 Treasury Building and Annex, the Bureau of Alcohol, To20 bacco and Firearms National Laboratory Center and the

21 Fire Investigation Research and Development Center, and

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

23 $43,684,000, to remain available until expended: Provided,

24 That funds for the Bureau of Alcohol, Tobacco and Fire25 arms National Laboratory Center and the Fire Investiga26 tion Research and Development Center and the Rowley
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1 Secret Service Training Center shall not be available until

2 a prospectus authorizing such facilities is approved by the

3 House Committee on Transportation and Infrastructure:

4 Provided further, That funds previously made available

5 under this title for the Secret Service Headquarter’s build6 ing shall be transferred to the Secret Service Acquisition,

7 Construction, Improvement and Related Expenses appro8 priation.

9 FINANCIAL CRIMES ENFORCEMENT NETWORK

10 SALARIES AND EXPENSES

11 For necessary expenses of the Financial Crimes En12 forcement Network, including hire of passenger motor ve13 hicles; travel expenses of non-Federal law enforcement

14 personnel to attend meetings concerned with financial in15 telligence activities, law enforcement, and financial regula16 tion; not to exceed $14,000 for official reception and rep17 resentation expenses; and for assistance to Federal law en18 forcement agencies, with or without reimbursement;

19 $22,387,000: Provided, That notwithstanding any other

20 provision of law, the Director of the Financial Crimes En21 forcement Network may procure up to $500,000 in spe22 cialized, unique, or novel automatic data processing equip23 ment, ancillary equipment, software, services, and related

24 resources from commercial vendors without regard to oth25 erwise applicable procurement laws and regulations and
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1 without full and open competition, utilizing procedures

2 best suited under the circumstances of the procurement

3 to efficiently fulfill the agency’s requirements: Provided

4 further, That funds appropriated in this account may be

5 used to procure personal services contracts.

6 DEPARTMENT OF THE TREASURY FORFEITURE FUND

7 For necessary expenses of the Treasury Forfeiture

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

9 exceed $7,500,000 shall be made available for the develop10 ment of a Federal wireless communication system, to be

11 derived from deposits in the Fund For necessary expenses

12 of the Treasury Forfeiture Fund, as authorized by Public

13 Law 102–393, not to exceed $10,000,000, to be derived from

14 deposits in the fund: Provided, That the Secretary of the

15 Treasury is authorized to receive all unavailable collections

16 transferred from the Special Forfeiture Fund established

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

18 U.S.C. 1509) by the Director of the Office of Drug Con19 trol Policy as a deposit into the Treasury Forfeiture Fund

20 (31 U.S.C. 9703(a)).

21 VIOLENT CRIME REDUCTION PROGRAMS

22 INCLUDING TRANSFER OF FUNDS

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

24 remain available until expended, which shall be derived

25 from the Violent Crime Reduction Trust Fund, as follows:
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1 (a) As authorized by section 190001(e), $89,800,000

2 $112,000,000, of which $15,005,000 $38,900,000 shall be

3 available to the United States Customs Service; of which

4 $47,624,000 $31,450,000 shall be available to the Bureau

5 of Alcohol, Tobacco and Firearms, of which $2,500,000

6 $3,000,000 shall be available for administering the Gang

7 Resistance Education and Training program, of which

8 $3,662,000 $4,150,000 shall be available for ballistics tech9 nologies, including the purchase, maintenance and upgrad10 ing of equipment and of which $41,462,000 $29,500,000

11 shall be available to enhance training and purchase equip12 ment and services; of which $5,971,000 shall be available

13 to the Secretary as authorized by section 732 of Public

14 Law 104–132; of which $1,000,000 shall be available to

15 the Financial Crimes Enforcement Network; of which

16 $20,200,000 $24,500,000 shall be available to the United

17 States Secret Service, of which no less than $1,000,000

18 shall be available for a grant for activities related to the

19 investigations of missing and exploited children; of which

20 $3,150,000 shall be available to the Federal Law Enforce21 ment Training Center until expended; and of which

22 $13,000,000 shall be available to the Federal Drug Control

23 Programs, High Intensity Drug Trafficking Areas program

24 only if additional areas are designated and consultation

25 has been completed with the Committees on Appropriation.
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1 (b) As authorized by section 32401, $7,200,000

2 $8,000,000, for disbursement through grants, cooperative

3 agreements or contracts, to local governments for Gang

4 Resistance Education and Training: Provided, That not5 withstanding sections 32401 and 310001, such funds shall

6 be allocated only to the affected State and local law en7 forcement and prevention organizations participating in

8 such projects.

9 TREASURY FRANCHISE FUND

10 There is hereby established in the Treasury a fran11 chise fund pilot, as authorized by section 403 of Public

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

13 for expenses and equipment necessary for the maintenance

14 and operation of such financial and administrative support

15 services as the Secretary determines may be performed

16 more advantageously as central services: Provided, That

17 any inventories, equipment, and other assets pertaining to

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

19 or on order, less the related liabilities or unpaid obliga20 tions, and any appropriations made for the purpose of pro21 viding capital, shall be used to capitalize such fund: Pro22 vided further, That such fund shall be reimbursed or cred23 ited with the payments, including advanced payments,

24 from applicable appropriations and funds available to the

25 Department and other Federal agencies for which such ad-
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1 ministrative and financial services are performed, at rates

2 which will recover all expenses of operation, including ac3 crued leave, depreciation of fund plant and equipment,

4 amortization of Automatic Data Processing (ADP) soft5 ware and systems, and an amount necessary to maintain

6 a reasonable operating reserve, as determined by the Sec7 retary: Provided further, That such fund shall provide

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

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

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

11 1997 and each fiscal year thereafter, to remain available

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

13 equipment and for the improvement and implementation

14 of Treasury financial management, ADP, and other sup15 port systems: Provided further, That no later than 30 days

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

17 reserve limitation shall be deposited as miscellaneous re18 ceipts in the Treasury: Provided further, That such fran19 chise fund pilot shall terminate pursuant to section 403(f)

20 of Public Law 103–356.

21 FEDERAL LAW ENFORCEMENT TRAINING CENTER

22 SALARIES AND EXPENSES

23 For necessary expenses of the Federal Law Enforce24 ment Training Center, as a bureau of the Department of

25 the Treasury, including materials and support costs of
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1 Federal law enforcement basic training; purchase (not to

2 exceed 52 for police-type use, without regard to the gen3 eral purchase price limitation) and hire of passenger

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

9 community support of law enforcement training; not to ex10 ceed $9,500 for official reception and representation ex11 penses; room and board for student interns; and services

12 as authorized by 5 U.S.C. 3109; $51,681,000 $52,242,000,

13 of which $9,423,000 $9,884,000 for materials and support

14 costs of Federal law enforcement basic training shall re15 main available until September 30, 1999: Provided, That

16 the Center is authorized to accept and use gifts of prop17 erty, both real and personal, and to accept services, for

18 authorized purposes, including funding of a gift of intrin19 sic value which shall be awarded annually by the Director

20 of the Center to the outstanding student who graduated

21 from a basic training program at the Center during the

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

23 received through the Center’s gift authority: Provided fur24 ther, That notwithstanding any other provision of law, stu25 dents attending training at any Federal Law Enforcement
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1 Training Center site shall reside in on-Center or Center2 provided housing, insofar as available and in accordance

3 with Center policy:–Provided further, That funds appro4 priated in this account shall be available for training Unit5 ed States Postal Service law enforcement personnel and

6 Postal police officers, at the discretion of the Director;

7 State and local government law enforcement training on

8 a space-available basis; training of foreign law enforce9 ment officials on a space-available basis with reimburse10 ment of actual costs to this appropriation; training of pri11 vate sector security officials on a space-available basis with

12 reimbursement of actual costs to this appropriation; and

13 travel expenses of non-Federal personnel to attend course

14 development meetings and training at the Center: Pro15 vided further, That funds appropriated in this account shall

16 be available, at the discretion of the Director, for: training

17 United States Postal Service law enforcement personnel and

18 Postal police officers; State and local government law en19 forcement training on a space-available basis; training of

20 foreign law enforcement officials on a space-available basis

21 with reimbursement of actual costs to this appropriation;

22 training of private sector security officials on a space-avail23 able basis with reimbursement of actual costs to this appro24 priation; and travel expenses of non-Federal personnel to

25 attend course development meetings and training at the
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1 Center: Provided further, That the Center is authorized to

2 obligate funds in anticipation of reimbursements from

3 agencies receiving training at the Federal Law Enforce4 ment Training Center, except that total obligations at the

5 end of the fiscal year shall not exceed total budgetary re6 sources available at the end of the fiscal year: Provided

7 further, That the Federal Law Enforcement Training Cen8 ter is authorized to provide short term medical services

9 for students undergoing training at the Center.

10 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

11 RELATED EXPENSES

12 For expansion of the Federal Law Enforcement

13 Training Center, for acquisition of necessary additional

14 real property and facilities, and for ongoing maintenance,

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

16 $19,884,000, to remain available until expended.

17 FINANCIAL MANAGEMENT SERVICE

18 SALARIES AND EXPENSES

19 For necessary expenses of the Financial Management

20 Service, $191,799,000 $196,338,000, of which not to ex21 ceed $14,277,000 shall remain available until expended for

22 systems modernization initiatives. In addition, $90,000, to

23 be derived from the Oil Spill Liability Trust Fund, to re24 imburse the Service for administrative and personnel ex25 penses for financial management of the Fund, as author-
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1 ized by section 1012 of Public Law 101–380: Provided,

2 That none of the funds made available for systems mod3 ernization initiatives may not be obligated until the Com4 missioner of the Financial Management Service has sub5 mitted, and the Committees on Appropriations of the

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

7 evaluates, and prioritizes all computer systems invest8 ments planned for fiscal year 1997, a milestone schedule

9 for the development and implementation of all projects in10 cluded in the systems investment plan, and a systems ar11 chitecture plan.

12 BUREAU OF ALCOHOL, TOBACCO AND FIREARMS

13 SALARIES AND EXPENSES

14 For necessary expenses of the Bureau of Alcohol, To15 bacco and Firearms, including purchase of not to exceed

16 650 vehicles for police-type use for replacement only and

17 hire of passenger motor vehicles; hire of aircraft; and serv18 ices of expert witnesses at such rates as may be deter19 mined by the Director; for payment of per diem and/or

20 subsistence allowances to employees where an assignment

21 to the National Response Team during the investigation

22 of a bombing or arson incident requires an employee to

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

24 at his or her post of duty; not to exceed $12,500 for offi25 cial reception and representation expenses; for training of
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1 State and local law enforcement agencies with or without

2 reimbursement, including training in connection with the

3 training and acquisition of canines for explosives and fire

4 accelerants detection; provision of laboratory assistance to

5 State and local agencies, with or without reimbursement;

6 $389,982,000 $395,597,000, of which $12,011,000, to re7 main available until expended, shall be available for arson

8 investigations, with priority assigned to any arson involv9 ing arson, explosion or violence against religious institu10 tions; which not to exceed $1,000,000 shall be available

11 for the payment of attorneys’ fees as provided by 18

12 U.S.C. 924(d)(2); and of which $1,000,000 shall be avail13 able for the equipping of any vessel, vehicle, equipment,

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

15 enforcement agency if the conveyance will be used in drug16 related joint law enforcement operations with the Bureau

17 of Alcohol, Tobacco and Firearms and for the payment

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

19 other similar costs of State and local law enforcement offi20 cers that are incurred in joint operations with the Bureau

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

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

23 to transfer the functions, missions, or activities of the Bu24 reau of Alcohol, Tobacco and Firearms to other agencies

25 or Departments in the fiscal year ending on September
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1 30, 1997: Provided further, That no funds appropriated

2 herein shall be available for salaries or administrative ex3 penses in connection with consolidating or centralizing,

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

5 any portion thereof, of acquisition and disposition of fire6 arms maintained by Federal firearms licensees: Provided

7 further, That no funds appropriated herein shall be used

8 to pay administrative expenses or the compensation of any

9 officer or employee of the United States to implement an

10 amendment or amendments to 27 CFR 178.118 or to

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

12 178.11 or remove any item from ATF Publication

13 5300.11 as it existed on January 1, 1994: Provided fur14 ther, That none of the funds appropriated herein shall be

15 available to investigate or act upon applications for relief

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

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

18 Firearms to process or act upon such applications for fel19 ons convicted of a violent crime, firearms violations, or

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

21 Provided further, That such funds shall be available to in22 vestigate and act upon applications filed by corporations

23 for relief from Federal firearms disabilities under 18

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

25 may be used to provide ballistics imaging equipment to
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1 State or local authorities who have obtained similar equip2 ment through a Federal grant or subsidy: Provided fur3 ther, That, notwithstanding any other provision of law, all

4 aircraft and spare parts owned and operated by the Bu5 reau of Alcohol, Tobacco and Firearms shall be trans6 ferred to the United States Customs Service:–Provided

7 further, That no funds under this heading shall be avail8 able to conduct a reduction in force: Provided further,

9 That no funds available for separation incentive payments

10 as authorized by section 525 of this Act may be obligated

11 without the advance approval of the House and Senate

12 Committees on Appropriations: Provided further, That no

13 funds under this Act may be used to electronically retrieve

14 information gathered pursuant to 18 U.S.C. 923(g)(4) by

15 name or any personal identification code.

16 LABORATORY FACILITIES

17 For necessary expenses for design of a new facility or

18 facilities, to house the Bureau of Alcohol, Tobacco and Fire19 arms National Laboratory Center and the Fire Investiga20 tion Research and Development Center, not to exceed

21 185,000 occupiable square feet, $6,978,000, to remain avail22 able until expended: Provided, That these funds shall not

23 be available until a prospectus of authorization for the Lab24 oratory Facilities is approved by the House Committee on
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1 Transportation and Infrastructure and the Senate Commit2 tee on Environment and Public Works.

3 UNITED STATES CUSTOMS SERVICE

4 SALARIES AND EXPENSES

5 INCLUDING TRANSFER OF FUNDS

6 For necessary expenses of the United States Customs

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

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

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

10 vehicles; contracting with individuals for personal services

11 abroad; not to exceed $20,000 $30,000 for official recep12 tion and representation expenses; and awards of com13 pensation to informers, as authorized by any Act en14 forced by the United States Customs Service;

15 $1,489,224,000 (increased by $500,000) (reduced by

16 $500,000) (reduced by $2,000,000); of which $65,000,000

17 shall be available until expended for Operation Hardline;

18 of which $28,000,000 shall be available until expended for

19 expenses associated with Operation Gateway; of which up

20 to $3,000,000 shall be available for transfer to the Office

21 of Professional Responsibility $1,421,543,000; and of

22 which such sums as become available in the Customs User

23 Fee Account, except sums subject to section 13031(f)(3)

24 of the Consolidated Omnibus Reconciliation Act of 1985,

25 as amended (19 U.S.C. 58c(f)(3)), shall be derived from

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

2 with preclearance operations, and not to exceed

3 $4,000,000 shall be available until expended for research

4 and not to exceed $1,000,000 shall be available until ex5 pended for conducting special operations pursuant to 19

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

7 expended for the procurement of automation infrastruc8 ture items, including hardware, software, and installation:

9 Provided, That uniforms may be purchased without regard

10 to the general purchase price limitation for the current

11 fiscal year:–Provided further, That the United States Cus12 tom Service shall implement the General Aviation Tele13 phonic Entry program within 30 days of enactment of this

14 Act: Provided further, That no funds under this heading

15 shall be available to conduct a reduction in force: Provided

16 further, That no funds available for separation incentive

17 payments as authorized by section 525 of this Act may

18 be obligated without the advance approval of the House

19 and Senate Committees on Appropriations: Provided fur20 ther, That the Spirit of St. Louis Airport in St. Louis

21 County, Missouri, shall be designated a port of entry:–Pro22 vided further, That no funds under this Act may be used

23 to provide less than 30 days public notice for any change

24 in apparel regulations: Provided further, That $750,000
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1 shall be available for additional part-time and temporary

2 positions in the Honolulu Customs District.

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

7 $45,000,000: Provided, That such resources shall not be

8 available until September 30, 1997, and shall remain

9 available until expended.

10 CUSTOMS SERVICES AT SMALL AIRPORTS

11 (TO BE DERIVED FROM FEES COLLECTED)

12 Such sums as may be necessary for expenses for the

13 provision of Customs services at certain small airports or

14 other facilities when authorized by law and designated by

15 the Secretary of the Treasury, including expenditures for

16 the salary and expenses of individuals employed to provide

17 such services, to be derived from fees collected by the Sec18 retary pursuant to section 236 of Public Law 98–573 for

19 each of these airports or other facilities when authorized

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

21 available until expended.

22 HARBOR MAINTENANCE FEE COLLECTION

23 For administrative expenses related to the collection

24 of the Harbor Maintenance Fee, pursuant to Public Law

25 103–182, $3,000,000, to be derived from the Harbor

26 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; $1,722,985,000 $1,728,840,000, of which up to

24 $3,700,000 shall be for the Tax Counseling for the Elderly
22

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

2 official reception 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, $4,085,355,000, of which not to ex15 ceed $1,000,000 shall remain available until September 30,

16 1999 for research.

17 INFORMATION SYSTEMS

18 INCLUDING TRANSFER OF FUNDS

19 For necessary expenses for data processing and tele20 communications support for Internal Revenue Service ac21 tivities, including tax systems modernization (modernized

22 developmental systems), modernized operational systems,

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

24 passenger motor vehicles (31 U.S.C. 1343(b)); and serv25 ices as authorized by 5 U.S.C. 3109, at such rates as may

26 be determined by the Commissioner; $1,077,450,000
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1 $1,240,473,000, of which $424,500,000 $402,473,000 shall

2 be available for tax systems modernization program activi3 ties: Provided, That of the funds appropriated for non-Tax

4 Systems Modernization, $200,000,000, and $66,000,000 of

5 the funds appropriated for Tax Systems Modernization

6 may not be obligated until the Secretary of the Treasury

7 consults with the Committees on Appropriations and pro8 vides criteria explaining the needs and priorities of the re9 spective programs, as well as, the deficiencies identified by

10 the General Accounting Office: Provided further, That none

11 of the funds made available for tax systems modernization

12 shall be available until the Internal Revenue Service estab13 lishes a restructured contractual relationship with a com14 mercial sector company to manage, integrate, test, and im15 plement all portions of the tax systems modernization pro16 gram, except that funds up to $59,100,000 may be used

17 to support a Government Program Management Office,

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

19 necessary Program Management activities to include sup20 port from the Internal Revenue Service’s Integration Sup21 port Contractor and Federal Research and Development

22 Center: Provided further, That none of the funds made

23 available for tax systems modernization may be used by

24 the Internal Revenue Service to carry out activities associ25 ated with the development of a request for proposal and
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1 contract award, with a commercial sector company to man2 age, integrate, test and implement all portions of the tax

3 systems modernization program without the approval of the

4 Department of the Treasury’s Modernization Management

5 Board which shall assure that an adequate planning and

6 business case analysis has been conducted and that the Gen7 eral Accounting Office’s ‘‘Best Practices’’ for strategic infor8 mation management have been followed except that funds

9 shall be available for activities related to submission to and

10 review by the Department’s Modernization Management

11 Board except that funds shall be available for the sharing

12 of data and information and general oversight of the proc13 ess by the Associate Commissioner of the Internal Reve14 nue Service for Modernization, and such funds as may be

15 necessary shall be transferred to the Department of De16 fense which will conduct all technical activities associated

17 with the development of a request for proposal and con18 tract award: Provided further, That none of these funds

19 may be used to support in excess of 150 full-time equiva20 lent positions in support of tax systems modernization:

21 Provided further, That funds up to $2,000,000 may be used

22 to support the Department’s Modernization Management

23 Board: Provided further, That these funds shall remain

24 available until September 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 Information Systems in Public

5 Law 104–52, $100,000,000 $120,000,000 are rescinded, in

6 Public Law 103–329, $51,685,000 $45,000,000 are re7 scinded, in Public Law 102–393, $2,421,000 are re8 scinded, and in Public Law 102–141, $20,341,000

9 $7,026,000 are rescinded.

10 ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE

11 SERVICE

12 SECTION 101. Not to exceed 5 percent of any appro13 priation made available in this Act to the Internal Revenue

14 Service may be transferred to any other Internal Revenue

15 Service appropriation upon the advance approval of the

16 House and Senate Committees on Appropriations.

17 SEC. 102. The Internal Revenue Service shall main18 tain a training program to insure that Internal Revenue

19 Service employees are trained in taxpayers’ rights, in deal20 ing courteously with the taxpayers, and in cross-cultural

21 relations.

22 SEC. 103. The funds provided in this Act for the In23 ternal Revenue Service shall be used to provide as a mini24 mum, the fiscal year 1995 level of service, staffing, and

25 funding for Taxpayer Services.
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1 SEC. 104. No funds available in this Act to the Inter2 nal Revenue Service for separation incentive payments as

3 authorized by section 525 of this Act may be obligated

4 without the advance approval of the House and Senate

5 Committees on Appropriations.

6 SEC. 105. The Internal Revenue Service shall con7 tract with an independent accounting firm to determine

8 the revenue losses (if any) which would result from imple9 menting H.R. 2450, as introduced in the 104th Congress.

10 UNITED STATES SECRET SERVICE

11 SALARIES AND EXPENSES

12 For necessary expenses of the United States Secret

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

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

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

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

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

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

21 and other facilities on private or other property not in

22 Government ownership or control, as may be necessary to

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

24 or subsistence allowances to employees where a protective

25 assignment during the actual day or days of the visit of
27

HR 3756 RS

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

2 or to remain overnight at his or her post of duty; the con3 ducting of and participating in firearms matches; presen4 tation of awards; and for travel of Secret Service employ5 ees on protective missions without regard to the limita6 tions on such expenditures in this or any other Act: Pro7 vided, That approval is obtained in advance from the

8 House and Senate Committees on Appropriations; for re9 pairs, alterations, and minor construction at the James

10 J. Rowley Secret Service Training Center; for research

11 and development; for making grants to conduct behavioral

12 research in support of protective research and operations;

13 not to exceed $20,000 for official reception and represen14 tation expenses; not to exceed $50,000 to provide technical

15 assistance and equipment to foreign law enforcement orga16 nizations in counterfeit investigations; for payment in ad17 vance for commercial accommodations as may be nec18 essary to perform protective functions; and for uniforms

19 without regard to the general purchase price limitation for

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

21 203(a) is amended by deleting ‘‘but not exceeding twelve

22 hundred in number’’; $528,368,000 $519,265,000, of

23 which $1,200,000 shall be available as a grant for activi24 ties related to the investigations of missing and exploited

25 children:–Provided further, That resources made available
28

HR 3756 RS

1 as a grant for activities related to the investigations of

2 missing and exploited children shall not be available until

3 September 30, 1997, and shall remain available until ex4 pended.

5 ACQUISITION, CONSTRUCTION, IMPROVEMENT, AND

6 RELATED EXPENSES

7 For necessary expenses of construction, repair, alter8 ation, and improvement of facilities, $31,298,000

9 $29,165,000, to remain available until expended: Provided,

10 That funds previously provided under the title, ‘‘Treasury

11 Buildings and Annex Repair and Restoration,’’ for the Se12 cret Service’s Headquarters Building, shall be transferred

13 to this account.

14 GENERAL PROVISIONS—DEPARTMENT OF THE

15 TREASURY

16 SECTION 111. Any obligation or expenditure by the

17 Secretary in connection with law enforcement activities of

18 a Federal agency or a Department of the Treasury law

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

20 9703(g)(4)(B) from unobligated balances remaining in the

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

22 with the reprogramming guidelines contained in the House

23 and Senate reports accompanying this Act.

24 SEC. 112. Appropriations to the Treasury Depart25 ment in this Act shall be available for uniforms or allow26 ances therefor, as authorized by law (5 U.S.C. 5901), in-
29

HR 3756 RS

1 cluding maintenance, repairs, and cleaning; purchase of

2 insurance for official motor vehicles operated in foreign

3 countries; purchase of motor vehicles without regard to the

4 general purchase price limitations for vehicles purchased

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

6 contracts with the Department of State for the furnishing

7 of health and medical services to employees and their de8 pendents serving in foreign countries; and services author9 ized by 5 U.S.C. 3109.

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

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

12 underpayment of any tax imposed by the Internal Revenue

13 Code of 1986 unless the conduct of officers and employees

14 of the Internal Revenue Service in connection with such

15 collection, including any private sector employees under

16 contract to the Internal Revenue Service, compiles with

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

18 in connection with debt collection), and section 806 (relat19 ing to harassment or abuse), of the Fair Debt Collection

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

21 SEC. 114. The Internal Revenue Service shall insti22 tute policies and procedures which will safeguard the con23 fidentiality of taxpayer information.

24 SEC. 115. The funds provided to the Bureau of Alco25 hol Tobacco and Firearms for fiscal year 1997 in this Act
30

HR 3756 RS

1 for the enforcement of the Federal Alcohol Administration

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

3 enforcement efforts with respect to section 105 of the Fed4 eral Alcohol Administration Act.

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

6 title 31, United States Code, is amended—

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

8 the end of each fiscal year thereafter’’;

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

10 and 1996’’; and

11 (3) by adding at the end the following new sen12 tence: ‘‘At the end of fiscal year 1997, and at the

13 end of each fiscal year thereafter, the Secretary shall

14 reserve any amounts that are required to be retained

15 in the Fund to ensure the availability of amounts in

16 the subsequent fiscal year for purposes authorized

17 under subsection (a).’’

18 SEC. 117. Of the funds available to the Internal Reve19 nue Service, $13,000,000 shall be made available to con20 tinue the private sector debt collection program which was

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

22 transferred to the Departmental Offices appropriation to

23 initiate a new private sector debt collection program: Pro24 vided, That the transfer provided herein shall be in addi25 tion to any other transfer authority contained in this Act.
31

HR 3756 RS

1 PRIORITY PLACEMENT, JOB PLACEMENT, RETRAINING,

2 AND COUNSELING PROGRAMS FOR U.S. TREASURY

3 DEPARTMENT EMPLOYEES AFFECTED BY A REDUC4 TION IN FORCE

5 SEC. 118. (a) DEFINITIONS.—

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

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

8 the Treasury.

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

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

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

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

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

18 (B) is separated from service due to such

19 a reduction in force, but does not include—

20 (i) an employee separated from service

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

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

24 separation, meets the age and service re25 quirements for an immediate annuity
32

HR 3756 RS

1 under subchapter III of chapter 83 or

2 chapter 84 of title 5, United States Code.

3 (b) PRIORITY PLACEMENT PROGRAM.—Not later

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

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

7 (c) The priority placement program established under

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

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

11 (1) there is then available any eligible employee

12 who applies for the position within 30 days of the

13 agency issuing a job announcement and is qualified

14 (or can be trained or retrained to become qualified

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

17 (2) the position is within the same commuting

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

19 residence.

20 (d) JOB PLACEMENT AND COUNSELING SERVICES.—

21 The head of the agency may establish a program to pro22 vide job placement and counseling services to eligible em23 ployees and their families.
33

HR 3756 RS

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

4 (A) career and personal counseling;

5 (B) training and job search skills; and

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

9 offices.

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

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

14 contractor, in hiring employees for the performance of the

15 contract, shall obtain referrals of eligible employees, who

16 consent to such referral, from the priority placement or

17 job placement programs established under this section.

18 SEC. 119. Section 923(j) of title 18, U.S.C., is amended

19 by striking the period after the last sentence, and inserting

20 the following: ‘‘, including the right of a licensee to conduct

21 ‘curios or relics’ firearms transfers and business away from

22 their business premises with another licensee without regard

23 as to whether the location of where the business is conducted

24 is located in the State specified on the license of either li25 censee.’’.
34

HR 3756 RS

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

2 Appropriations Act, 1997’’.

3 TITLE II—POSTAL SERVICE

4 PAYMENTS TO THE POSTAL SERVICE

5 PAYMENT TO THE POSTAL SERVICE FUND

6 For payment to the Postal Service Fund for revenue

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

9 States Code, $85,080,000 $90,433,000: Provided, That

10 mail for overseas voting and mail for the blind shall con11 tinue to be free: Provided further, That 6-day delivery and

12 rural delivery of mail shall continue at not less than the

13 1983 level: Provided further, That none of the funds made

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

15 to implement any rule, regulation, or policy of charging

16 any officer or employee of any State or local child support

17 enforcement agency, or any individual participating in a

18 State or local program of child support enforcement, a fee

19 for information requested or provided concerning an ad20 dress of a postal customer: Provided further, That none

21 of the funds provided in this Act shall be used to consoli22 date or close small rural and other small post offices in

23 the fiscal year ending on September 30, 1997.
35

HR 3756 RS

1 TITLE III—EXECUTIVE OFFICE OF THE

2 PRESIDENT AND FUNDS APPROPRIATED TO

3 THE PRESIDENT

4 COMPENSATION OF THE PRESIDENT AND

5 THE WHITE HOUSE OFFICE

6 COMPENSATION OF THE PRESIDENT

7 For compensation of the President, including an ex8 pense allowance at the rate of $50,000 per annum as au9 thorized by 3 U.S.C. 102, $250,000: Provided, That none

10 of the funds made available for official expenses shall be

11 expended for any other purpose and any unused amount

12 shall revert to the Treasury pursuant to section 1552 of

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

14 of the funds made available for official expenses shall be

15 considered as taxable to the President.

16 SALARIES AND EXPENSES

17 For necessary expenses for the White House as au18 thorized by law, including not to exceed $3,850,000 for

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

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

21 105, which shall be expended and accounted for as pro22 vided in that section; hire of passenger motor vehicles,

23 newspapers, periodicals, teletype news service, and travel

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

25 for as provided by 3 U.S.C. 103); not to exceed $19,000
36

HR 3756 RS

1 for official entertainment expenses, to be available for allo2 cation within the Executive Office of the President;

3 $40,193,000: Provided, That $420,000 of the funds ap4 propriated may not be obligated until the Director of the

5 Office of Administration has submitted, and the Commit6 tees on Appropriations of the House and Senate have ap7 proved, a report that identifies, evaluates, and prioritizes

8 all computer systems investments planned for fiscal year

9 1997, a milestone schedule for the development and imple10 mentation of all projects included in the systems invest11 ment plan, and a systems architecture plan.

12 EXECUTIVE RESIDENCE AT THE WHITE HOUSE

13 OPERATING EXPENSES

14 For the care, maintenance, repair and alteration, re15 furnishing, improvement, heating and lighting, including

16 electric power and fixtures, of the Executive Residence at

17 the White House and official entertainment expenses of

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

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

20 SPECIAL ASSISTANCE TO THE PRESIDENT AND THE

21 OFFICIAL RESIDENCE OF THE VICE PRESIDENT

22 SALARIES AND EXPENSES

23 For necessary expenses to enable the Vice President

24 to provide assistance to the President in connection with

25 specially assigned functions, services as authorized by 5
37

HR 3756 RS

1 U.S.C. 3109 and 3 U.S.C. 106, including subsistence ex2 penses as authorized by 3 U.S.C. 106, which shall be ex3 pended and accounted for as provided in that section; and

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

5 That $150,000 of the funds appropriated may not be obli6 gated until the Director of the Office of Administration

7 has submitted, and the Committees on Appropriations of

8 the House and Senate have approved, a report that identi9 fies, evaluates, and prioritizes all computer systems invest10 ments planned for fiscal year 1997, a milestone schedule

11 for the development and implementation of all projects in12 cluded in the systems investment plan, and a systems ar13 chitecture plan.

14 OPERATING EXPENSES

15 For the care, operation, refurnishing, improvement,

16 heating and lighting, including electric power and fixtures,

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

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

19 official entertainment expenses of the Vice President, to

20 be accounted for solely on his certificate; $324,000: Pro21 vided, That advances or repayments or transfers from this

22 appropriation may be made to any department or agency

23 for expenses of carrying out such activities: Provided fur24 ther, That $8,000 of the funds appropriated may not be

25 obligated until the Director of the Office of Administration
38

HR 3756 RS

1 has submitted for approval to the Committees on Appro2 priations of the House and Senate a report that identifies,

3 evaluates, and prioritizes all computer systems invest4 ments planned for fiscal year 1997, a milestone schedule

5 for the development and implementation of all projects in6 cluded in the systems investment plan, and a systems ar7 chitecture plan.

8 COUNCIL OF ECONOMIC ADVISERS

9 SALARIES AND EXPENSES

10 For necessary expenses of the Council in carrying out

11 its functions under the Employment Act of 1946 (15

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

13 OFFICE OF POLICY DEVELOPMENT

14 SALARIES AND EXPENSES

15 For necessary expenses of the Office of Policy Devel16 opment, including services as authorized by 5 U.S.C.

17 3109, and 3 U.S.C. 107; $3,867,000: Provided, That

18 $45,000 of the funds appropriated may not be obligated

19 until the Director of the Office of Administration has sub20 mitted, and the Committees on Appropriations of the

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

22 evaluates, and prioritizes all computer systems invest23 ments planned for fiscal year 1997, a milestone schedule

24 for the development and implementation of all projects in-
39

HR 3756 RS

1 cluded in the systems investment plan, and a systems ar2 chitecture plan.

3 NATIONAL SECURITY COUNCIL

4 SALARIES AND EXPENSES

5 For necessary expenses of the National Security

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

7 3109, $6,648,000: Provided, That $3,000 of the funds ap8 propriated may not be obligated until the Director of the

9 Office of Administration has submitted, and the Commit10 tees on Appropriations of the House and Senate have ap11 proved, a report that identifies, evaluates, and prioritizes

12 all computer systems investments planned for fiscal year

13 1997, a milestone schedule for the development and imple14 mentation of all projects included in the systems invest15 ment plan, and a systems architecture plan.

16 OFFICE OF ADMINISTRATION

17 SALARIES AND EXPENSES

18 For necessary expenses of the Office of Administra19 tion, $26,100,000, including services as authorized by 5

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

21 motor vehicles: Provided, That $340,700 of the funds ap22 propriated may not be obligated until the Director of the

23 Office of Administration has submitted, and the Commit24 tees on Appropriations of the House and Senate have ap25 proved, a report that identifies, evaluates, and prioritizes
40

HR 3756 RS

1 all computer systems investments planned for fiscal year

2 1997, a milestone schedule for the development and imple3 mentation of all projects included in the systems invest4 ment plan, and a systems architecture plan.

5 OFFICE OF MANAGEMENT AND BUDGET

6 SALARIES AND EXPENSES

7 For necessary expenses of the Office of Management

8 and Budget, including hire of passenger motor vehicles,

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

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

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

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

13 shall be applied only to the objects for which appropria14 tions were made except as otherwise provided by law: Pro15 vided further, That none of the funds appropriated in this

16 Act for the Office of Management and Budget may be

17 used for the purpose of reviewing any agricultural market18 ing orders or any activities or regulations under the provi19 sions of the Agricultural Marketing Agreement Act of

20 1937 (7 U.S.C. 601 et seq.): Provided further, That none

21 of the funds made available for the Office of Management

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

23 of the transcript of actual testimony of witnesses, except

24 for testimony of officials of the Office of Management and

25 Budget, before the House and Senate Committees on Ap-
41

HR 3756 RS

1 propriations or the House and Senate Committees on Vet2 erans’ Affairs or their subcommittees: Provided further,

3 That this proviso shall not apply to printed hearings re4 leased by the House and Senate Committees on Appro5 priations or the House and Senate Committees on Veter6 ans’ Affairs.

7 OFFICE OF NATIONAL DRUG CONTROL POLICY

8 SALARIES AND EXPENSES

9 (INCLUDING TRANSFER OF FUNDS)

10 For necessary expenses of the Office of National

11 Drug Control Policy; for research activities pursuant to

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

13 official reception and representation expenses; and for par14 ticipation in joint projects or in the provision of services

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

16 public organizations or agencies, with or without reim17 bursement; $34,838,000, of which $18,000,000 shall re18 main available until expended, consisting of $1,000,000

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

20 Counter-Drug Technology Assessment Center for

21 counternarcotics research and development projects of

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

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

24 for the Counter-Drug Technology Assessment Center shall

25 be available for transfer to other Federal departments or
42

HR 3756 RS

1 agencies: Provided further, That the Office is authorized

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

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

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

5 funds available for the salaries and expenses of the Office

6 of National Drug Control Policy may not be obligated

7 until the Director reaches agreement with the House and

8 Senate Committees on Appropriations on a final fiscal

9 year 1997 organizational plan: Provided further, That the

10 Secretary of the Treasury is authorized to receive all un11 available collections transferred from the Special Forfeit12 ure Fund established by section 6073 of the Anti-Drug

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

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

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

16 UNANTICIPATED NEEDS

17 For expenses necessary to enable the President to meet

18 unanticipated needs, in furtherance of the national interest,

19 security, or defense which may arise at home or abroad dur20 ing the current fiscal year; $1,000,000.

21 FEDERAL DRUG CONTROL PROGRAMS

22 HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

23 (INCLUDING TRANSFER OF FUNDS)

24 For necessary expenses of the Office of National

25 Drug Control Policy’s High Intensity Drug Trafficking

26 Areas Program, $113,000,000 $103,000,000 for drug con-
43

HR 3756 RS

1 trol activities consistent with the approved strategy for

2 each of the designated High Intensity Drug Trafficking

3 Areas, of which $3,000,000 shall be used for a newly des4 ignated High Intensity Drug Trafficking Area in Lake

5 County, Indiana; of which $2,000,000 shall be used for

6 a newly designated High Intensity Drug Trafficking Area

7 for the Gulf Coast States of Louisiana, Alabama, and Mis8 sissippi; of which $5,000,000 shall be used for a newly

9 designated High Intensity Drug Trafficking Area dedi10 cated to combating methamphetamine use, production and

11 trafficking in a five State area including Iowa, Missouri,

12 Nebraska, South Dakota, and Kansas; of which no less

13 than $59,000,000 $52,000,000 shall be transferred to

14 State and local entities for drug control activities; and of

15 which up to $54,000,000 $51,000,000 may be transferred

16 to Federal agencies and departments at a rate to be deter17 mined by the Director: Provided, That the funds made

18 available under this head shall be obligated within 90 days

19 of the date of enactment of this Act.

20 This title may be cited as the ‘‘Executive Office Ap21 propriations Act, 1997’’.
44

HR 3756 RS

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 $28,700,000, of which no less than

14 $2,500,000 shall be available for internal automated data

15 processing systems, and of which not to exceed $5,000

16 shall be available for reception and representation ex17 penses.

18 FEDERAL LABOR RELATIONS AUTHORITY

19 SALARIES AND EXPENSES

20 For necessary expenses to carry out functions of the

21 Federal Labor Relations Authority, pursuant to Reorga22 nization Plan Numbered 2 of 1978, and the Civil Service

23 Reform Act of 1978, including services as authorized by

24 5 U.S.C. 3109, including hire of experts and consultants,

25 hire of passenger motor vehicles, rental of conference
45

HR 3756 RS

1 rooms in the District of Columbia and elsewhere;

2 $21,588,000: Provided, That public members of the Fed3 eral Service Impasses Panel may be paid travel expenses

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

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

6 the Government service, and compensation as authorized

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

8 31 U.S.C. 3302, funds received from fees charged to non9 Federal participants at labor-management relations con10 ferences shall be credited to and merged with this account,

11 to be available without further appropriation for the costs

12 of carrying out these conferences.

13 GENERAL SERVICES ADMINISTRATION

14 FEDERAL BUILDINGS FUND

15 LIMITATIONS ON AVAILABILITY OF REVENUE

16 For additional expenses necessary to carry out the

17 purpose of the Fund established pursuant to section

18 210(f) of the Federal Property and Administrative Serv19 ices Act of 1949, as amended (40 U.S.C. 490(f)),

20 $209,193,000 $257,162,000, to be deposited into said

21 Fund. The revenues and collections deposited into the

22 Fund shall be available for necessary expenses of real

23 property management and related activities not otherwise

24 provided for, including operation, maintenance, and pro25 tection of federally owned and leased buildings; rental of
46

HR 3756 RS

1 buildings in the District of Columbia; restoration of leased

2 premises; moving governmental agencies (including space

3 adjustments and telecommunications relocation expenses)

4 in connection with the assignment, allocation and transfer

5 of space; contractual services incident to cleaning or serv6 icing buildings, and moving; repair and alteration of feder7 ally owned buildings including grounds, approaches and

8 appurtenances; care and safeguarding of sites; mainte9 nance, preservation, demolition, and equipment; acquisi10 tion of buildings and sites by purchase, condemnation, or

11 as otherwise authorized by law; acquisition of options to

12 purchase buildings and sites; conversion and extension of

13 federally owned buildings; preliminary planning and de14 sign of projects by contract or otherwise; construction of

15 new buildings (including equipment for such buildings);

16 and payment of principal, interest, taxes, and any other

17 obligations for public buildings acquired by installment

18 purchase and purchase contract, in the aggregate amount

19 of $5,364,392,000 $5,412,361,000, of which (1) not to ex20 ceed $540,000,000 $657,724,000 shall remain available

21 until expended for construction of additional projects at

22 locations as follows: Fresno, California, Federal Building

23 and U.S. Courthouse; Denver, Colorado, U.S. Courthouse;

24 District of Columbia, U.S. Courthouse Annex; Miami,

25 Florida, U.S. Courthouse; Orlando, Florida, U.S. Court-
47

HR 3756 RS

1 house; Covington, Kentucky, U.S. Courthouse; London,

2 Kentucky, U.S. Courthouse; Babb, Montana, Piegan Bor3 der Station; Sweetgrass, Montana, Border Station; Las

4 Vegas, Nevada, U.S. Courthouse; Brooklyn, New York,

5 U.S. Courthouse; Cleveland, Ohio, U.S. Courthouse;

6 Youngstown, Ohio, U.S. Courthouse; Portland, Oregon,

7 Consolidated Law Enforcement Federal Office Building;

8 Erie, Pennsylvania, U.S. Courthouse; Philadelphia, Penn9 sylvania, Department of Veterans Affairs—Federal Com10 plex, phase II; Columbia, South Carolina, U.S. Court11 house; Corpus Christi, Texas, U.S. Courthouse; Salt Lake

12 City, Utah, Moss Courthouse Annex and Alteration;

13 Blaine, Washington, U.S. Border Station; Oroville, Wash14 ington, U.S. Border Station; Seattle, Washington, U.S.

15 Courthouse; and, Sumas, Washington, U.S. Border Sta16 tion, (Claim): Provided, That the total cost of the imme17 diately foregoing United States Courthouse or United

18 States Courthouse annex construction projects shall be re19 duced by no less than 10 percent from the prospectus level

20 estimate by improving design efficiencies, curtailing

21 planned interior finishes requiring more efficient use of

22 courtroom and library space, and by otherwise limiting

23 space requirements: Provided further, That each of the im24 mediately foregoing construction projects may not exceed

25 the original authorized level for site acquisition, design,
48

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1 or construction, unless advanced approval is obtained from

2 the House and Senate Committees on Appropriations:

3 Provided further, That from funds available in the Federal

4 Buildings Fund, $20,000,000 shall be available until ex5 pended for environmental clean up activities at the South6 east Federal Center in the District of Columbia and at

7 maximum construction improvement costs (including funds

8 for sites and expenses and associated design and construc9 tion services) as follows:

10 New Construction:

11 District of Columbia:

12 Southeast Federal Center Site Preparation,

13 $20,000,000

14 Maryland:

15 Montgomery and Prince Georges Counties—Food

16 and Drug Administration Consolidation, $13,000,000

17 Montana:

18 Babb, Piegan Border Station, $333,000

19 Sweetgrass, Border Station, $1,066,000

20 Nevada:

21 Las Vegas, U.S. Courthouse, $96,011,000

22 New York:

23 Brooklyn, U.S. Courthouse, $187,179,000

24 Ohio:

25 Cleveland, U.S. Courthouse, $142,291,000
49

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1 Oregon:

2 Portland, Consolidated Law Federal Office

3 Building, $86,000,000

4 Pennsylvania:

5 Philadelphia, Department of Veterans Affairs—

6 Federal Complex, phase II, $15,156,000

7 Texas:

8 Corpus Christi, U.S. Courthouse, $26,610,000

9 Washington:

10 Blaine, U.S. Border Station, $15,419,000

11 Oroville, U.S. Border Station, $1,483,000

12 Seattle, U.S. Courthouse, $17,740,000

13 Sumas, U.S. Border Station, (Claim),

14 $1,177,000

15 Nationwide:

16 Security Enhancements, various buildings,

17 $24,259,000

18 Non-prospectus Projects Program, $10,000,000:

19 Provided, That each of the immediately foregoing limits of

20 costs on new construction projects may be exceeded to the

21 extent that savings are effected in other such projects, but

22 not to exceed 10 per centum unless advanced approval is

23 obtained from the House and Senate Committees on Appro24 priations of a greater amount: Provided further, That all

25 funds for direct construction projects shall expire on Sep-
50

HR 3756 RS

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

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

4 prior to such date: Provided further, That claims against

5 the Government of less than $250,000 arising from direct

6 construction projects, acquisitions of buildings and pur7 chase contract projects pursuant to Public Law 92–313,

8 be liquidated with prior notification to the Committees on

9 Appropriations of the House and Senate to the extent sav10 ings are effected in other such projects; (2) not to exceed

11 $635,000,000 shall remain available until expended, for

12 repairs and alterations which includes associated design

13 and construction services, as follows: District of Columbia,

14 Ariel Rios Building; District of Columbia, Department of

15 Justice Building (Main), phase, 1; District of Columbia,

16 Layfayette Building; District of Columbia, State Depart17 ment Building; Honolulu, Hawaii, Prince Jonah Kuhio

18 Kalanianaole Federal Building and U.S. Courthouse; Chi19 cago, Illinois, Everett M. Dirksen Federal Building; Chi20 cago, Illinois, John C. Kluczynski, Jr. Federal Building

21 (IRS); Andover, Massachusetts, IRS Regional Service

22 Center; Concord, New Hampshire, J.C. Cleveland Federal

23 Building; Camden, New Jersey, U.S. Post Office-Court24 house; Albany, New York, James T. Foley Post Office25 Courthouse; Brookhaven, New York, IRS Service Center;
51

HR 3756 RS

1 New York, New York, Jacob K. Javits Federal Building;

2 Scranton, Pennsylvania, Federal Building-U.S. Court3 house; Providence, Rhode Island, Federal Building-U.S.

4 Courthouse; Fort Worth, Texas, Federal Center; Nation5 wide repairs and alterations: Security Upgrades;

6 Chlorofluorocarbons Program; Elevator Program; and,

7 Energy Program: (2) not to exceed $616,990,000 shall re8 main available until expended, for repairs and alterations

9 which includes associated design and construction services:

10 Provided further, That the amounts provided in this or any

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

12 costs associated with implementing security improvements

13 to buildings necessary to meet the minimum standards for

14 security in accordance with current law and in compliance

15 with the reprogramming guidelines of the appropriate Com16 mittees of the House and Senate: Provided further, That

17 funds in the Federal Buildings Fund for Repairs and Alter18 ations shall, for prospectus projects, be limited to the

19 amount by project as follows, except each project may be

20 increased by an amount not to exceed 10 per centum unless

21 advance approval is obtained from the Committees on Ap22 propriations of the House and Senate of a greater amount:

23 Repairs and alterations:

24 District of Columbia:

25 Ariel Rios Building, $62,740,000
52

HR 3756 RS

1 Hawaii:

2 Honolulu, Prince Jonah Kuhio Kalanianaole

3 Federal Building and U.S. Courthouse, $4,140,000

4 Illinois:

5 Chicago, Everett M. Dirksen Federal Building,

6 $18,844,000

7 Chicago, John C. Kluczynski, Jr. Federal Build8 ing (IRS), $13,414,000

9 Louisiana:

10 New Orleans, Customhouse, $3,500,000

11 Massachusetts:

12 Andover, IRS Regional Service Center, $812,000

13 New Hampshire:

14 Concord, J.C. Cleveland Federal Building,

15 $8,251,000

16 New Jersey:

17 Camden, U.S. Post Office-Courthouse

18 $11,096,000

19 New York:

20 Albany, James T. Foley Post Office-Courthouse,

21 $3,880,000

22 Brookhaven, IRS Service Center, $2,272,000

23 New York, Jacob K. Javits Federal Building,

24 $13,651,000

25 Pennsylvania:
53

HR 3756 RS

1 Scranton, Federal Building-U.S. Courthouse,

2 $10,610,000

3 Rhode Island:

4 Providence, Federal Building-U.S. Courthouse,

5 $8,209,000

6 Texas:

7 Fort Worth, Federal Center, $11,259,000

8 Nationwide:

9 Chlorofluorocarbons Program, $43,533,000

10 Elevator Program, $17,100,000

11 Energy Program, $20,000,000

12 Security Enhancements, various buildings,

13 $2,686,000

14 Basic Repairs and Alterations, $360,000,000:

15 Provided further, That additional projects for which

16 prospectuses have been fully approved may be funded

17 under this category only if advance approval is obtained

18 from the Committees on Appropriations of the House and

19 Senate: Provided further, That the amounts provided in

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

21 used to fund costs associated with implementing security

22 improvements to buildings necessary to meet the minimum

23 standards for security in accordance with current law and

24 in compliance with the reprogramming guidelines of the

25 appropriate Committees of the House and Senate: Pro-
54

HR 3756 RS

1 vided further, That funds in the Federal Buildings Fund

2 for Repairs and Alterations shall, for prospectus projects,

3 be limited to the originally authorized amount, except each

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

5 percent when advance approval is obtained from the Com6 mittees on Appropriations of the House and Senate of a

7 greater amount: Provided further, That the difference be8 tween the funds appropriated and expended on any

9 projects in this or any prior Act, under the heading ‘‘Re10 pairs and Alterations’’, may be transferred to Basic Re11 pairs and Alterations or used to fund authorized increases

12 in prospectus projects:–Provided further, That such sums

13 as may be necessary shall be made available for ongoing

14 renovation and consolidation efforts at the National Vet15 erinary Services Laboratory and a biocontainment facility

16 at the National Animal Disease Center, as directed in

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

18 repairs and alterations prospectus projects shall expire on

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

20 Fund except funds for projects as to which funds for de21 sign or other funds have been obligated in whole or in part

22 prior to such date: Provided further, That the amount pro23 vided in this or any prior Act for Basic Repairs and Alter24 ations may be used to pay claims against the Government

25 arising from any projects under the heading ‘‘Repairs and
55

HR 3756 RS

1 Alterations’’ or used to fund authorized increases in pro2 spectus projects: Provided further, That $5,700,000 of the

3 funds provided under this heading in Public Law 103–

4 329, for the IRS Service Center, Holtsville, New York,

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

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

7 including payments on purchase contracts which shall re8 main available until expended: Provided further, That up

9 to $1,500,000 shall be available for a design prospectus of

10 the Federal Building and U.S. Courthouse located at 811

11 Grand Avenue in Kansas City, Missouri; (4) not to exceed

12 $3,903,205,000, to remain available until expended, for

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

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

15 enhancements; (4) not to exceed $2,343,795,000 for rental

16 of space which shall remain available until expended; and

17 (5) not to exceed $1,532,465,000 for building operations

18 which shall remain available until expended and (5) not

19 to exceed $4,800,000 for the development and acquisition

20 of automatic data processing equipment, software, and

21 services for the Public Buildings Service which shall re22 main available until September 30, 1999 for transfer to

23 accounts and in amounts as necessary to satisfy the re24 quirements of the Public Buildings Service: Provided fur25 ther, That funds available to the General Services Admin-
56

HR 3756 RS

1 istration shall not be available for expenses in connection

2 with any construction, repair, alteration, and acquisition

3 project for which a prospectus, if required by the Public

4 Buildings Act of 1959, as amended, has not been ap5 proved, except that necessary funds may be expended for

6 each project for required expenses in connection with the

7 development of a proposed prospectus: Provided further,

8 That funds provided in this Act under the heading ‘‘Secu9 rity Enhancements, various buildings’’ may be used, by

10 project in accordance with an approved prospectus:–Pro11 vided further, That the Administrator is authorized in fis12 cal year 1997 and thereafter, to enter into and perform

13 such leases, contracts, or other transactions with any

14 agency or instrumentality of the United States, the several

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

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

17 implement the trade center plan at the Federal Triangle

18 Project and is hereby granted all the rights and authori19 ties of the former Pennsylvania Avenue Development Cor20 poration (PADC) with regards to property transferred

21 from PADC to the General Services Administration in fis22 cal year 1996: Provided further, That for the purposes of

23 this authorization, buildings constructed pursuant to the

24 purchase contract authority of the Public Buildings

25 Amendments of 1972 (40 U.S.C. 602a), buildings occu-
57

HR 3756 RS

1 pied pursuant to installment purchase contracts, and

2 buildings under the control of another department or

3 agency where alterations of such buildings are required

4 in connection with the moving of such other department

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

6 the control of the General Services Administration shall

7 be considered to be federally owned buildings: Provided

8 further, That funds available in the Federal Buildings

9 Fund may be expended for emergency repairs when ad10 vance approval is obtained from the Committees on Appro11 priations of the House and Senate: Provided further, That

12 amounts necessary to provide reimbursable special services

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

14 Property and Administrative Services Act of 1949, as

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

16 such reimbursable fencing, lighting, guard booths, and

17 other facilities on private or other property not in Govern18 ment ownership or control as may be appropriate to enable

19 the United States Secret Service to perform its protective

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

21 be available from such revenues and collections: Provided

22 further, That revenues and collections and any other sums

23 accruing to this Fund during fiscal year 1997, excluding

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

25 Property and Administrative Services Act of 1949 (40
58

HR 3756 RS

1 U.S.C. 490(f)(6)) in excess of $5,364,392,000

2 $5,412,361,000 shall remain in the Fund and shall not be

3 available for expenditure except as authorized in appro4 priations Acts.

5 POLICY AND OPERATIONS

6 For expenses authorized by law, not otherwise pro7 vided for, for Government-wide policy and oversight activi8 ties associated with asset management activities; utiliza9 tion and donation of surplus personal property; transpor10 tation management activities; procurement and supply

11 management activities; Government-wide and internal re12 sponsibilities relating to automated data management,

13 telecommunications, information resources management,

14 and related technology activities; utilization survey, deed

15 compliance inspection, appraisal, environmental and cul16 tural analysis, and land use planning functions pertaining

17 to excess and surplus real property; agency-wide policy di18 rection; Board of Contract Appeals; accounting, records

19 management, and other support services incident to adju20 dication of Indian Tribal Claims by the United States

21 Court of Federal Claims; services as authorized by 5

22 U.S.C. 3109; and not to exceed $5,000 for official recep23 tion and representation expenses; $109,091,000

24 $110,173,000.
59

HR 3756 RS

1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector

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

4 $33,274,000 $33,863,000: Provided, That not to exceed

5 $5,000 shall be available for payment for information and

6 detection of fraud against the Government, including pay7 ment for recovery of stolen Government property: Provided

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

9 awards to employees of other Federal agencies and private

10 citizens in recognition of efforts and initiatives resulting

11 in enhanced Office of Inspector General effectiveness.

12 ALLOWANCES AND OFFICE STAFF FOR FORMER

13 PRESIDENTS

14 For carrying out the provisions of the Act of August

15 25, 1958, as amended (3 U.S.C. 102 note), and Public

16 Law 95–138, $2,180,000: Provided, That the Adminis17 trator of General Services shall transfer to the Secretary

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

19 out the provisions of such Acts.

20 EXPENSES, PRESIDENTIAL TRANSITION

21 For expenses necessary to carry out the Presidential

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

23 $5,600,000.
60

HR 3756 RS

1 GENERAL PROVISIONS—GENERAL SERVICES

2 ADMINISTRATION

3 SECTION 401. The appropriate appropriation or fund

4 available to the General Services Administration shall be

5 credited with the cost of operation, protection, mainte6 nance, upkeep, repair, and improvement, included as part

7 of rentals received from Government corporations pursu8 ant to law (40 U.S.C. 129).

9 SEC. 402. Funds available to the General Services

10 Administration shall be available for the hire of passenger

11 motor vehicles.

12 SEC. 403. Funds in the Federal Buildings Fund

13 made available for fiscal year 1997 for Federal Buildings

14 Fund activities may be transferred between such activities

15 only to the extent necessary to meet program require16 ments: Provided, That any proposed transfers shall be ap17 proved in advance by the Committees on Appropriations

18 of the House and Senate.

19 SEC. 404. Section 10 of the General Services Admin20 istration General Provisions, Public Law 100–440, dated

21 September 22, 1988, is hereby repealed.

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

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

24 States Courthouse construction that does not meet the de25 sign guide standards for construction as established by the
61

HR 3756 RS

1 General Services Administration, Administration and the

2 Judicial Conference of the United States,–and the Office

3 of Management and Budget and does not reflect the prior4 ities of the Judicial Conference of the United States as

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

6 That the request must be accompanied by a standardized

7 courtroom utilization study of each facility to be replaced

8 or expanded.

9 SEC. 406. None of the funds provided in this Act may

10 be used to implement a plan for the Ronald Reagan Build11 ing (International Trade Center, Washington, D.C.) which

12 would permit the Woodrow Wilson Center to pay the Gen13 eral Services Administration less than the rate per square

14 foot assessment for space and services which is paid by

15 other Federal entities.

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

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

18 provide cleaning services, security enhancements, or any

19 other service usually provided through the Federal Build20 ings Fund, to any agency which does not pay the re21 quested rate per square foot assessment for space and

22 services as determined by the General Services Adminis23 tration in compliance with the Public Buildings Amend24 ments Act of 1972 (Public Law 92–313).
62

HR 3756 RS

1 SEC. 408. The Administrator of the General Services

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

3 on the United States Courthouse Annex, Savannah, Geor4 gia project are compatible with the existing Savannah

5 Federal Building-U.S. Courthouse fascade, in order to en6 sure compatibility of this new facility with the Savannah

7 historic district and to ensure that the Annex will not en8 danger the National Landmark status of the Savannah

9 historic district.

10 SEC. 409. (a) Section 210 of the Federal Property and

11 Administrative Services Act of 1949 (40 U.S.C. 490) is

12 amended by adding at the end the following new subsection:

13 ‘‘(l)(1) The Administrator may establish, acquire space

14 for, and equip flexiplace work telecommuting centers (in

15 this subsection referred to as ‘telecommuting centers’) for

16 use by employees of Federal agencies, State and local gov17 ernments, and the private sector in accordance with this

18 subsection.

19 ‘‘(2) The Administrator may make any telecommuting

20 center available for use by individuals who are not Federal

21 employees to the extent the center is not being fully utilized

22 by Federal employees. The Administrator shall give Federal

23 employees priority in using the telecommuting centers.

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

25 the use of any telecommuting center. The amount of the user
63

HR 3756 RS

1 fee shall approximate commercial charges for comparable

2 space and services except that in no instance shall such fee

3 be less than that necessary to pay the cost of establishing

4 and operating the center, including the reasonable cost of

5 renovation and replacement of furniture, fixtures, and

6 equipment.

7 ‘‘(B) Amounts received by the Administrator after Sep8 tember 30, 1993, as user fees for use of any telecommuting

9 center may be deposited into the Fund established under

10 subsection (f) of this section and may be used by the Admin11 istrator to pay costs incurred in the establishment and oper12 ation of the center.

13 ‘‘(4) The Administrator may provide guidance, assist14 ance, and oversight to any person regarding establishment

15 and operation of alternative workplace arrangements, such

16 as telecommuting, hoteling, virtual offices, and other dis17 tributive work arrangements.

18 ‘‘(5) In considering whether to acquire any space,

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

20 of any executive agency, the head of that agency shall con21 sider whether the need for the facilities can be met using

22 alternative workplace arrangements referred to in para23 graph (4).

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

25 amended, (107 Stat. 438; 40 U.S.C. 612) is amended—
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1 (1) by striking ‘‘(xi)’’ and inserting in lieu

2 thereof ‘‘(xii)’’; and

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

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

5 SEC. 410. Section 6 of the General Services Adminis6 tration General Provisions, Public Law 103–123, dated Oc7 tober 28, 1993, is hereby repealed.

8 SEC. 411. Notwithstanding any other provision of law,

9 the Administrator of General Services is authorized and di10 rected to acquire the land bounded by S.W. First Avenue,

11 S.W. Second Avenue, S.W. Main Street, and S.W. Madison

12 Street, Portland, Oregon, for the purposes of constructing

13 the proposed Law Enforcement Center on the site.

14 JOHN F. KENNEDY ASSASSINATION RECORDS REVIEW

15 BOARD

16 For necessary expenses to carry out the John F. Ken17 nedy Assassination Records Collection Act of 1992,

18 $2,150,000.

19 MERIT SYSTEMS PROTECTION BOARD

20 SALARIES AND EXPENSES

21 (INCLUDING TRANSFER OF FUNDS)

22 For necessary expenses to carry out functions of the

23 Merit Systems Protection Board pursuant to Reorganiza24 tion Plan Numbered 2 of 1978 and the Civil Service Re25 form Act of 1978, including services as authorized by 5
65

HR 3756 RS

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

2 of Columbia and elsewhere, hire of passenger motor vehi3 cles, and direct procurement of survey printing,

4 $23,297,000 $24,549,000, together with not to exceed

5 $2,430,000 for administrative expenses to adjudicate re6 tirement appeals to be transferred from the Civil Service

7 Retirement and Disability Fund in amounts determined

8 by the Merit Systems Protection Board.

9 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

10 OPERATING EXPENSES

11 For necessary expenses in connection with the admin12 istration of the National Archives (including the Informa13 tion Security Oversight Office) and records and related ac14 tivities, as provided by law, and for expenses necessary

15 for the review and declassification of documents, and for

16 the hire of passenger motor vehicles, $195,109,000

17 $198,964,000: Provided, That the Archivist of the United

18 States is authorized to use any excess funds available from

19 the amount borrowed for construction of the National Ar20 chives facility, for expenses necessary to move into the fa21 cility.

22 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

23 (RESCISSION)

24 Of the funds made available under this heading in

25 Public Law 104–52, $4,500,000 are rescinded.
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HR 3756 RS

1 ARCHIVES FACILITIES AND PRESIDENTIAL LIBRARIES

2 REPAIRS AND RESTORATION

3 For the repair, alteration, and improvement of ar4 chives facilities and presidential libraries, $9,500,000 and

5 to provide adequate storage for holdings, $18,229,000 to re6 main available until expended.

7 NATIONAL HISTORICAL PUBLICATIONS AND RECORDS

8 COMMISSION

9 GRANTS PROGRAM

10 For necessary expenses for allocations and grants for

11 historical publications and records as authorized by 44

12 U.S.C. 2504, as amended, $4,000,000 $5,000,000 to re13 main available until expended.

14 OFFICE OF GOVERNMENT ETHICS

15 SALARIES AND EXPENSES

16 For necessary expenses to carry out functions of the

17 Office of Government Ethics pursuant to the Ethics in

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

19 598, and the Ethics Reform Act of 1989, Public Law 101–

20 194, including services as authorized by 5 U.S.C. 3109,

21 rental of conference rooms in the District of Columbia and

22 elsewhere, hire of passenger motor vehicles, and not to ex23 ceed $1,500 for official reception and representation ex24 penses; $8,078,000.
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HR 3756 RS

1 OFFICE OF PERSONNEL MANAGEMENT

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF TRUST FUNDS)

4 For necessary expenses to carry out functions of the

5 Office of Personnel Management pursuant to Reorganiza6 tion Plan Numbered 2 of 1978 and the Civil Service Re7 form Act of 1978, including services as authorized by 5

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

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

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

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

12 reception and representation expenses; advances for reim13 bursements to applicable funds of the Office of Personnel

14 Management and the Federal Bureau of Investigation for

15 expenses incurred under Executive Order 10422 of Janu16 ary 9, 1953, as amended; and payment of per diem and/

17 or subsistence allowances to employees where Voting

18 Rights Act activities require an employee to remain over19 night at his or her post of duty; $86,576,000 $87,076,000,

20 of which not to exceed $1,000,000 shall be available for the

21 establishment of health promotion and disease prevention

22 programs for Federal employees; and in addition

23 $93,486,000 $94,736,000 for administrative expenses, to

24 be transferred from the appropriate trust funds of the Of25 fice of Personnel Management without regard to other
68

HR 3756 RS

1 statutes, including direct procurement of printing mate2 rials for annuitants, for the retirement and insurance pro3 grams, of which $2,250,000 $3,500,000 shall be trans4 ferred at such times as the Office of Personnel Manage5 ment deems appropriate, and shall remain available until

6 expended for the costs of automating the retirement rec7 ordkeeping systems, together with remaining amounts au8 thorized in previous Acts for the recordkeeping systems:

9 Provided, That the provisions of this appropriation shall

10 not affect the authority to use applicable trust funds as

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

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

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

14 made from the Employees Health Benefits Fund to any

15 physician, hospital, or other provider of health care serv16 ices or supplies who is, at the time such services or sup17 plies are provided to an individual covered under chapter

18 89 of title 5, United States Code, excluded, pursuant to

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

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

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

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

23 this appropriation shall be available for salaries and ex24 penses of the Legal Examining Unit of the Office of Per25 sonnel Management established pursuant to Executive
69

HR 3756 RS

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

2 purpose: Provided further, That the President’s Commis3 sion on White House Fellows, established by Executive

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

5 year ending September 30, 1997, accept donations of

6 money, property, and personal services in connection with

7 the development of a publicity brochure to provide infor8 mation about the White House Fellows, except that no

9 such donations shall be accepted for travel or reimburse10 ment of travel expenses, or for the salaries of employees

11 of such Commission.

12 GENERAL PROVISIONS—OFFICE OF PERSONNEL

13 MANAGEMENT

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

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

16 after ‘‘basis’’ the following ‘‘, including personnel manage17 ment services performed at the request of individual agen18 cies (which would otherwise be the responsibility of such

19 agencies), or at the request of nonappropriated fund in20 strumentalities’’.

21 OFFICE OF INSPECTOR GENERAL

22 SALARIES AND EXPENSES

23 (INCLUDING TRANSFER OF TRUST FUNDS)

24 For necessary expenses of the Office of Inspector

25 General in carrying out the provisions of the Inspector

26 General Act, as amended, including services as authorized
70

HR 3756 RS

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

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

3 administrative expenses to audit the Office of Personnel

4 Management’s retirement and insurance programs, to be

5 transferred from the appropriate trust funds of the Office

6 of Personnel Management, as determined by the Inspector

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

9 and elsewhere.

10 REVOLVING FUND

11 For reducing any accumulated deficit in the accounts

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

13 $4,755,000 $5,000,000.

14 GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES

15 HEALTH BENEFITS

16 For payment of Government contributions with re17 spect to retired employees, as authorized by chapter 89

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

19 Employees Health Benefits Act (74 Stat. 849), as amend20 ed, such sums as may be necessary.

21 GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE

22 LIFE INSURANCE

23 For payment of Government contributions with re24 spect to employees retiring after December 31, 1989, as

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

26 sums as may be necessary.
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HR 3756 RS

1 PAYMENT TO CIVIL SERVICE RETIREMENT AND

2 DISABILITY FUND

3 For financing the unfunded liability of new and in4 creased annuity benefits becoming effective on or after Oc5 tober 20, 1969, as authorized by 5 U.S.C. 8348, and an6 nuities under special Acts to be credited to the Civil Serv7 ice Retirement and Disability Fund, such sums as may

8 be necessary: Provided, That annuities authorized by the

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

10 19, 1950, as amended (33 U.S.C. 771–75), may hereafter

11 be paid out of the Civil Service Retirement and Disability

12 Fund.

13 OFFICE OF SPECIAL COUNSEL

14 SALARIES AND EXPENSES

15 For necessary expenses to carry out functions of the

16 Office of Special Counsel pursuant to Reorganization Plan

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

18 1978 (Public Law 95–454), the Whistleblower Protection

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

20 and the Uniformed Services Employment and Reemploy21 ment Act of 1994 (Public Law 103–353), including serv22 ices as authorized by 5 U.S.C. 3109, payment of fees and

23 expenses for witnesses, rental of conference rooms in the

24 District of Columbia and elsewhere, and hire of passenger

25 motor vehicles; $7,840,000 $8,116,000.
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1 UNITED STATES TAX COURT

2 SALARIES AND EXPENSES

3 For necessary expenses, including contract reporting

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

5 $33,269,000 $34,293,000: Provided, That travel expenses

6 of the judges shall be paid upon the written certificate of

7 the judge.

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

9 Appropriations Act, 1997’’.

10 TITLE V—GENERAL PROVISIONS

11 THIS ACT

12 SECTION 501. No part of any appropriation con13 tained in this Act shall remain available for obligation be14 yond the current fiscal year unless expressly so provided

15 herein.

16 SEC. 502. The expenditure of any appropriation

17 under this Act for any consulting service through procure18 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

19 to those contracts where such expenditures are a matter

20 of public record and available for public inspection, except

21 where otherwise provided under existing law, or under ex22 isting Executive order issued pursuant to existing law.

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

24 General Services Administration pursuant to section

25 210(f) of the Federal Property and Administrative Serv-
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1 ices Act of 1949 shall be obligated or expended after the

2 date of enactment of this Act for the procurement by con3 tract of any guard, elevator operator, messenger or custo4 dial services if any permanent veterans preference em5 ployee of the General Services Administration at said date,

6 would be terminated as a result of the procurement of

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

8 expended for the procurement by contract of the covered

9 services with sheltered workshops employing the severely

10 handicapped under Public Law 92–28. Only if such work11 shops decline to contract for the provision of the covered

12 services may the General Services Administration procure

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

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

15 expires or is terminated for any reason, the General Serv16 ices Administration shall again offer to contract for the

17 services from a sheltered workshop prior to offering such

18 services for competitive procurement.

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

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

21 salary of any Government employee where funding an ac22 tivity or paying a salary to a Government employee would

23 result in a decision, determination, rule, regulation, or pol24 icy that would prohibit the enforcement of section 307 of

25 the Tariff Act of 1930.
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1 SEC. 505. None of the funds made available by this

2 Act shall be available for the purpose of transferring con3 trol over the Federal Law Enforcement Training Center

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

5 of the Treasury Department.

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

7 this Act shall be used for publicity or propaganda purposes

8 within the United States not heretofore authorized by the

9 Congress.

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

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

12 of any officer or employee of the United States Postal

13 Service, who—

14 (1) prohibits or prevents, or attempts or threat15 ens to prohibit or prevent, any officer or employee

16 of the United States Postal Service from having any

17 direct oral or written communication or contact with

18 any Member or committee of Congress in connection

19 with any matter pertaining to the employment of

20 such officer or employee or pertaining to the United

21 States Postal Service in any way, irrespective of

22 whether such communication or contact is at the ini23 tiative of such officer or employee or in response to

24 the request or inquiry of such Member or committee;

25 or
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1 (2) removes, suspends from duty without pay,

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

3 performance of efficiency rating, denies promotion

4 to, relocates, reassigns, transfers, disciplines, or dis5 criminates in regard to any employment right, enti6 tlement, or benefit, or any term or condition of em7 ployment of, any officer or employee of the United

8 States Postal Service, or attempts or threatens to

9 commit any of the foregoing actions with respect to

10 such officer or employee, by reason of any commu11 nication or contact of such officer or employee with

12 any Member or committee of Congress as described

13 in paragraph (1).

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

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

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

17 the Federal Executive Institute and Management Develop18 ment Centers to assist in enhancing the quality of Federal

19 management.

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

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

22 hereafter, accept donations of money to off-set costs in23 curred while protecting former Presidents and spouses of

24 former Presidents when the former President or spouse
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1 travels for the purpose of making an appearance or speech

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

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

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

5 filling a position, other than a temporary position, for6 merly held by an employee who has left to enter the Armed

7 Forces of the United States and has satisfactorily com8 pleted his period of active military or naval service and

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

10 from hospitalization continuing after discharge for a pe11 riod of not more than 1 year made application for restora12 tion to his former position and has been certified by the

13 Office of Personnel Management as still qualified to per14 form the duties of his former position and has not been

15 restored thereto.

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

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

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

19 organization outside of the Federal Government without

20 the approval of the House and Senate Committees on Ap21 propriations.

22 SEC. 512. No funds appropriated pursuant to this

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

24 that in expending the assistance the entity will comply

25 with sections 2 through 4 of the Act of March 3, 1933
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1 (41 U.S.C. 10a–10c, popularly known as the ‘‘Buy Amer2 ican Act’’).

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

4 EQUIPMENT AND PRODUCTS.—In the case of any equip5 ment or products that may be authorized to be purchased

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

7 sense of the Congress that entities receiving such assist8 ance should, in expending the assistance, purchase only

9 American-made equipment and products.

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

11 providing financial assistance under this Act, the Sec12 retary of the Treasury shall provide to each recipient of

13 the assistance a notice describing the statement made in

14 subsection (a) by the Congress.

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

16 or Federal agency that any person intentionally affixed a

17 label bearing a ‘‘Made in America’’ inscription, or any in18 scription with the same meaning, to any product sold in

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

20 United States, such person shall be ineligible to receive

21 any contract or subcontract made with funds provided

22 pursuant to this Act, pursuant to the debarment, suspen23 sion, and ineligibility procedures described in section

24 9.400 through 9.409 of title 48, Code of Federal Regula25 tions.
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1 SEC. 515. Except as otherwise specifically provided

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

3 remaining available at the end of fiscal year 1997 from

4 appropriations made available for salaries and expenses

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

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

7 the purposes authorized: Provided, That a request shall

8 be submitted to the House and Senate Committees on Ap9 propriations for approval prior to the expenditure of such

10 funds.

11 SEC. 516. Where appropriations in this Act are ex12 pendable for travel expenses of employees and no specific

13 limitation has been placed thereon, the expenditures for

14 such travel expenses may not exceed the amount set forth

15 in the budget estimates submitted for appropriations with16 out the advance approval of the House and Senate Com17 mittees on Appropriations: Provided, That this section

18 shall not apply to travel performed by uncompensated offi19 cials of local boards and appeal boards in the Selective

20 Service System; to travel performed directly in connection

21 with care and treatment of medical beneficiaries of the De22 partment of Veterans Affairs; to travel of the Office of

23 Personnel Management in carrying out its observation re24 sponsibilities of the Voting Rights Act; or to payments to

25 interagency motor pools separately set forth in the budget
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1 schedules: Provided further, That this provision does not

2 apply to accounts that do not contain an object identifica3 tion for travel.

4 SEC. 517. Notwithstanding any other provision of law

5 or regulation during the fiscal year ending September 30,

6 1997, and thereafter:

7 (1) The authority of the special police officers

8 of the Bureau of Engraving and Printing, in the

9 Washington, DC Metropolitan area, extends to

10 buildings and land under the custody and control of

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

12 the Bureau through lease, unless otherwise provided

13 by the acquisition agency; to the streets, sidewalks

14 and open areas immediately adjacent to the Bureau

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

16 Street between Independence and Maine Avenues

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

18 Streets; to areas which include surrounding parking

19 facilities used by Bureau employees, including the

20 lots at 12th and C Streets, SW, Maine Avenue and

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

22 and East Potomac Park; to the protection in transit

23 of United States securities, plates and dies used in

24 the production of United States securities, or other

25 products or implements of the Bureau of Engraving
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1 and Printing which the Director of that agency so

2 designates.

3 (2) The authority of the special police officers

4 of the United States Mint extends to the buildings

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

6 to the streets, sidewalks and open areas in the vicin7 ity to such facilities; to surrounding parking facili8 ties used by Mint employees; and to the protection

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

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

11 (3) The exercise of police authority by Bureau

12 or Mint officers, with the exception of the exercise

13 of authority upon property under the custody and

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

15 be deemed supplementary to the Federal police force

16 with primary jurisdictional responsibility. This au17 thority shall be in addition to any other law enforce18 ment authority which has been provided to these of19 ficers under other provisions of law or regulations.

20 SEC. 518. No funds appropriated by this Act shall

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

22 expenses in connection with any health plan under the

23 Federal employees health benefit program which provides

24 any benefits or coverage for abortions.
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1 SEC. 519. The provision of section 518 shall not

2 apply where the life of the mother would be endangered

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

4 result of an act of rape or incest.

5 SEC. 520. No part of any appropriation made avail6 able in this Act shall be used to implement Bureau of Al7 cohol, Tobacco and Firearms Ruling TD ATF–360; Re:

8 Notice Nos. 782, 780, 91F009P.

9 SEC. 521. Notwithstanding title 5, United States

10 Code, Personal Service Contractors (PSC) employed by

11 the Department of the Treasury for assignment in a coun12 try other than the United States, shall be considered as

13 Federal Government employees for purposes of making

14 available Federal employee health and life insurance.

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

16 Code, is amended by striking subsection (c); and by redes17 ignating subsection (d) as subsection (c).

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

19 States Code, is amended by adding at the end the follow20 ing new subparagraph:

21 ‘‘(C) The Secretary may continue to mint and issue

22 coins in accordance with the specifications contained in

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

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

25 Secretary in minting and issuing other bullion and proof
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1 gold coins under this subsection in accordance with such

2 program procedures and coin specifications, designs, vari3 eties, quantities, denominations, and inscriptions as the

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

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

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

7 program shall be considered as a receipt to be deposited

8 into the General Fund of the Treasury.

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

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

11 subsection:

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

13 proof platinum coins in accordance with such specifica14 tions, designs, varieties, quantities, denominations, and in15 scriptions as the Secretary, in the Secretary’s discretion,

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

17 Secretary is authorized to use Government platinum re18 serves stockpiled at the United States Mint as working

19 inventory and shall ensure that reserves utilized are re20 placed by the Mint.

21 SEC. 525. VOLUNTARY SEPARATION INCENTIVES

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

23 DEFINITIONS.—For the purposes of this section—
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1 (1) the term ‘‘agency’’ means the Internal Rev2 enue Service, the Bureau of Alcohol, Tobacco and

3 Firearms, and the United States Customs Service;

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

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

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

7 under an appointment without time limitation, and

8 has been currently employed for a continuous period

9 of at least 12 months 3 years, but does not in10 clude—

11 (A) any employee who, upon separation

12 and application, would then be eligible for an

13 immediate annuity under subchapter III of

14 chapter 83 or chapter 84 of title 5, United

15 States Code, or another retirement system for

16 employees of the agency;

17 (B) (A) a reemployed annuitant under sub18 chapter III of chapter 83 or chapter 84 of title

19 5, United States Code, or another retirement

20 system for employees of the agency;

21 (C) (B) an employee having a disability on

22 the basis of which such employee is or would be

23 eligible for disability retirement under the appli24 cable retirement system referred to in subpara25 graph (A) subchapter III of chapter 83 or chap-
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1 ter 84 of title 5, United States Code, or another

2 retirement system for employees of the agency;

3 (D) (C) an employee who is in receipt of

4 a specific notice of involuntary separation for

5 misconduct or unacceptable performance;

6 (E) (D) an employee who, upon completing

7 an additional period of service is as referred to

8 in section 3(b)(2)(B)(ii) of the Federal

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

10 5597 note), would qualify for a voluntary sepa11 ration incentive payment under section 3 of

12 such Act;

13 (F) (E) an employee who has previously

14 received any voluntary separation incentive pay15 ment by the Federal Government under this

16 section or any other authority and has not re17 paid such payment;

18 (G) (F) an employee covered by statutory

19 reemployment rights who is on transfer to an20 other organization; or

21 (H) (G) any employee who, during the

22 twenty four month period preceding the date of

23 separation, has received a recruitment or relo24 cation bonus under section 5753 of title 5,

25 United States Code, or who, within the twelve
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1 month period preceding the date of separation,

2 received a retention allowable allowance under

3 section 5754 of title 5, United States Code.

4 (b) AGENCY STRATEGIC PLAN.—

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

6 prior to obligating any resources for voluntary sepa7 ration incentive payments, shall submit to the House

8 and Senate Committees on Appropriations and the

9 Committee on Governmental Affairs of the Senate

10 and the Committee on Government Reform and

11 Oversight of the House of Representatives a strate12 gic plan outlining the intended use of such incentive

13 payments and a proposed organizational chart for

14 the agency once such incentive payments have been

15 completed.

16 (2) CONTENTS.—The agency’s plan shall in17 clude—

18 (A) the positions and functions to be re19 duced or eliminated, identified by organizational

20 unit, geographic location, occupational category

21 and grade level;

22 (B) the number and amounts of voluntary

23 separation incentive payments to be offered;

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

2 operate without the eliminated positions and

3 functions.

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

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

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

11 (2) AMOUNT AND TREATMENT OF PAYMENTS.—

12 A voluntary separation incentive payment—

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

14 employee’s separation;

15 (B) shall be paid from appropriations or

16 funds available for the payment of the basic pay

17 of the employees;

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

19 (i) an amount equal to the amount

20 the employee would be entitled to receive

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

22 States Code; or

23 (ii) an amount determined by the

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

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

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

6 shall not be included in the computation, of any

7 other type of Government benefit; and

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

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

12 on any other separation.

13 (d) ADDITIONAL AGENCY CONTRIBUTIONS TO THE

14 RETIREMENT FUND.—

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

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

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

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

22 percent of the final basic pay of each employee of

23 the agency who is covered under subchapter III of

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

2 been paid under this section.

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

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

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

7 employee, computed using the employee’s final rate

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

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

11 (e) EFFECT OF SUBSEQUENT EMPLOYMENT WITH

12 THE GOVERNMENT.—An individual who has received a

13 voluntary separation incentive payment under this section

14 and accepts any employment for compensation with the

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

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

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

21 agency that paid the incentive payment.

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

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

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

3 receive, a voluntary separation incentive payment

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

7 (2) ENFORCEMENT.—The President, through

8 the Office of Management and Budget, shall monitor

9 the agency and take any action necessary to ensure

10 that the requirements of this subsection are met.

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

12 October 1, 1996.

13 SEC. 525A. VOLUNTARY SEPARATION INCENTIVES

14 FOR EMPLOYEES OF THE UNITED STATES AGENCY FOR

15 INTERNATIONAL DEVELOPMENT.—

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

17 International Development is authorized to offer voluntary

18 separation incentive payments to no more than 100 of its

19 employees in accordance with section 525 of this Act.

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

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

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

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

2 on the date of enactment of this Act.

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

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

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

12 Director of the United States Mint shall be appointed by

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

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

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

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

18 and the Director shall receive as basic compensation for

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

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

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

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

10 costs they incurred with respect to that termination.

11 (2) VERIFICATION REQUIRED.—The Secretary

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

13 upon submission by the individual of documentation

14 verifying the attorney fees and costs.

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

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

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

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

21 of the enactment of this Act.

22 (c) LIMITATION.—Payments under subsection (a) shall

23 not include attorney fees or costs incurred with respect to

24 any Congressional hearing or investigation into the termi-
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1 nation of employment of the former employees of the White

2 House Travel Office.

3 (c) (d) REDUCTION.—The amount paid pursuant to

4 this section to an individual for attorney fees and costs

5 described in subsection (a) shall be reduced by any amount

6 received before the date of the enactment of this Act, with7 out obligation for repayment by the individual, for pay8 ment of such attorney fees and costs (including any

9 amount received from the funds appropriated for the indi10 vidual in the matter relating to the ‘‘Office of the General

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

12 title I of the Department of Transportation and Related

13 Agencies Appropriations Act, 1994).

14 (d) (e) PAYMENT IN FULL SETTLEMENT OF CLAIMS

15 AGAINST THE UNITED STATES.—Payment under this sec16 tion, when accepted by an individual described in sub17 section (a), shall be in full satisfaction of all claims of,

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

19 that arose out of the termination of the White House

20 Travel Office employment of that individual on May 19,

21 1993.

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

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

24 to request from the Federal Bureau of Investigation any

25 official background investigation report on any individual,
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1 except when it is made known to the Federal official hav2 ing authority to obligate or expend such funds that—

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

4 written consent for such request not more than 6

5 months prior to the date of such request and during

6 the same presidential administration; or

7 (2) such request is required due to extraor8 dinary circumstances involving national security.

9 SEC. 530. MINT FACILITY FOR GOLD AND PLATINUM

10 COINS.—Section 5112 of title 31, United States Code, is

11 amended by adding at the end the following new subsection:

12 ‘‘(1) MINT FACILITY FOR GOLD AND PLATINUM

13 COINS.—Notwithstanding any other provision of law,

14 the United States Mint Facility at West Point, New

15 York, shall be used to strike and distribute all gold

16 coins and all platinum coins minted by the Secretary

17 under this title or any other provision of law, includ18 ing all proof and uncirculated gold bullion coins and

19 commemorative coins.’’.

20 TITLE VI—GENERAL PROVISIONS

21 DEPARTMENTS, AGENCIES, AND CORPORATIONS

22 SECTION 601. Funds appropriated in this or any

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

24 for the immediate family of employees serving abroad in

25 cases of death or life threatening illness of said employee.
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1 SEC. 602. No department, agency, or instrumentality

2 of the United States receiving appropriated funds under

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

4 or expend any such funds, unless such department, agen5 cy, or instrumentality has in place, and will continue to

6 administer in good faith, a written policy designed to en7 sure that all of its workplaces are free from the illegal

8 use, possession, or distribution of controlled substances

9 (as defined in the Controlled Substances Act) by the offi10 cers and employees of such department, agency, or instru11 mentality.

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

13 agency, department or instrumentality of the United

14 States which provides or proposes to provide child care

15 services for Federal employees may reimburse any Federal

16 employee or any person employed to provide such services

17 for travel, transportation, and subsistence expenses in18 curred for training classes, conferences or other meetings

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

20 That any per diem allowance made pursuant to this sec21 tion shall not exceed the rate specified in regulations pre22 scribed pursuant to section 5707 of title 5, United States

23 Code.

24 SEC. 604. Unless otherwise specifically provided, the

25 maximum amount allowable during the current fiscal year
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1 in accordance with section 16 of the Act of August 2, 1946

2 (60 Stat. 810), for the purchase of any passenger motor

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

4 and undercover surveillance vehicles), is hereby fixed at

5 $8,100 except station wagons for which the maximum

6 shall be $9,100: Provided, That these limits may be ex7 ceeded by not to exceed $3,700 for police-type vehicles,

8 and by not to exceed $4,000 for special heavy-duty vehi9 cles: Provided further, That the limits set forth in this sec10 tion may not be exceeded by more than 5 percent for elec11 tric or hybrid vehicles purchased for demonstration under

12 the provisions of the Electric and Hybrid Vehicle Re13 search, Development, and Demonstration Act of 1976:

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

15 may be exceeded by the incremental cost of clean alter16 native fuels vehicles acquired pursuant to Public Law

17 101–549 over the cost of comparable conventionally fueled

18 vehicles.

19 SEC. 605. Appropriations of the executive depart20 ments and independent establishments for the current fis21 cal year available for expenses of travel or for the expenses

22 of the activity concerned, are hereby made available for

23 quarters allowances and cost-of-living allowances, in ac24 cordance with 5 U.S.C. 5922–24.
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1 SEC. 606. Unless otherwise specified during the cur2 rent fiscal year, no part of any appropriation contained

3 in this or any other Act shall be used to pay the compensa4 tion of any officer or employee of the Government of the

5 United States (including any agency the majority of the

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

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

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

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

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

11 for citizenship, has filed a declaration of intention to be12 come a citizen of the United States prior to such date and

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

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

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

16 former Soviet Union, or the Baltic countries lawfully ad17 mitted to the United States for permanent residence, (5)

18 is a South Vietnamese, Cambodian, or Laotian refugee pa19 roled in the United States after January 1, 1975, or (6)

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

21 qualifys for adjustment of status pursuant to the Chinese

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

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

24 person shall be considered prima facie evidence that the

25 requirements of this section with respect to his or her sta-
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1 tus have been complied with: Provided further, That any

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

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

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

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

6 to, and not in substitution for, any other provisions of ex7 isting law: Provided further, That any payment made to

8 any officer or employee contrary to the provisions of this

9 section shall be recoverable in action by the Federal Gov10 ernment. This section shall not apply to citizens of Ire11 land, Israel, or the Republic of the Philippines, or to na12 tionals of those countries allied with the United States in

13 the current defense effort, or to international broadcasters

14 employed by the United States Information Agency, or to

15 temporary employment of translators, or to temporary em16 ployment in the field service (not to exceed 60 days) as

17 a result of emergencies.

18 SEC. 607. Appropriations available to any depart19 ment or agency during the current fiscal year for nec20 essary expenses, including maintenance or operating ex21 penses, shall also be available for payment to the General

22 Services Administration for charges for space and services

23 and those expenses of renovation and alteration of build24 ings and facilities which constitute public improvements

25 performed in accordance with the Public Buildings Act of
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1 1959 (73 Stat. 749), the Public Buildings Amendments

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

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

4 any other Act, all Federal agencies are authorized to re5 ceive and use funds resulting from the sale of materials,

6 including Federal records disposed of pursuant to a records

7 schedule recovered through recycling or waste prevention

8 programs. Such funds shall be available until expended for

9 the following purposes:

10 (1) Acquisition, waste reduction and prevention,

11 and recycling programs as described in Executive

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

13 programs adopted prior to the effective date of the

14 Executive Order.

15 (2) Other Federal agency environmental man16 agement programs, including, but not limited to, the

17 development and implementation of hazardous waste

18 management and pollution prevention programs.

19 (3) Other employee programs as authorized by

20 law or as deemed appropriate by the head of the

21 Federal agency.

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

23 Act for administrative expenses in the current fiscal year

24 of the corporations and agencies subject to chapter 91 of

25 title 31, United States Code, shall be available, in addition
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1 to objects for which such funds are otherwise available,

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

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

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

5 expenditure of such funds unless otherwise specified in the

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

7 the event any functions budgeted as administrative ex8 penses are subsequently transferred to or paid from other

9 funds, the limitations on administrative expenses shall be

10 correspondingly reduced.

11 SEC. 610. No part of any appropriation for the cur12 rent fiscal year contained in this or any other Act shall

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

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

15 voted not to approve the nomination of said person.

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

17 1997, and thereafter, any department or agency to which

18 the Administrator of General Services has delegated the

19 authority to operate, maintain or repair any building or

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

21 and Administrative Services Act of 1949, as amended,

22 shall retain that portion of the GSA rental payment avail23 able for operation, maintenance or repair of the building

24 or facility, as determined by the Administrator, and ex25 pend such funds directly for the operation, maintenance
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1 or repair of the building or facility. Any funds retained

2 under this section shall remain available until expended

3 for such purposes.

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

5 31, United States Code, is amended to read as follows:

6 ‘‘§ 1306. Use of foreign credits

7 ‘‘(a) IN GENERAL.—Foreign credits (including cur8 rencies) owed to or owned by the United States may be

9 used by any agency for any purpose for which appropria10 tions are made for the agency for the current fiscal year

11 (including the carrying out of Acts requiring or authoriz12 ing the use of such credits), but only when reimbursement

13 therefor is made to the Treasury from applicable appro14 priations of the agency.

15 ‘‘(b) EXCEPTION TO REIMBURSEMENT REQUIRE16 MENT.—Credits described in subsection (a) that are re17 ceived as exchanged allowances, or as the proceeds of the

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

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

20 and in the manner authorized by law, without reimburse21 ment to the Treasury.’’.

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

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

24 this Act and shall apply thereafter.
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1 SEC. 613. No part of any appropriation contained in

2 this or any other Act shall be available for interagency

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

4 similar groups (whether or not they are interagency enti5 ties) which do not have a prior and specific statutory ap6 proval to receive financial support from more than one

7 agency or instrumentality.

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

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

10 be available for employment of guards for all buildings and

11 areas owned or occupied by the Postal Service and under

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

13 guards shall have, with respect to such property, the pow14 ers of special policemen provided by the first section of

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

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

17 the Postal Service, the Postmaster General may take the

18 same actions as the Administrator of General Services

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

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

21 318a, 318b), attaching thereto penal consequences under

22 the authority and within the limits provided in section 4

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

24 40 U.S.C. 318c).
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1 SEC. 615. None of the funds made available pursuant

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

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

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

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

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

9 no part of any of the funds appropriated for the fiscal

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

11 Act, may be used to pay any prevailing rate employee de12 scribed in section 5342(a)(2)(A) of title 5, United States

13 Code—

14 (1) during the period from the date of expira15 tion of the limitation imposed by section 616 of the

16 Treasury, Postal Service and General Government

17 Appropriations Act, 1996, until the normal effective

18 date of the applicable wage survey adjustment that

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

20 that exceeds the rate payable for the applicable

21 grade and step of the applicable wage schedule in

22 accordance with such section 616; and

23 (2) during the period consisting of the remain24 der of fiscal year 1997, in an amount that exceeds,

25 as a result of a wage survey adjustment, the rate
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1 payable under paragraph (1) by more than the sum

2 of—

3 (A) the percentage adjustment taking ef4 fect in fiscal year 1997 under section 5303 of

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

6 under the General Schedule; and

7 (B) the difference between the overall aver8 age percentage of the locality-based comparabil9 ity payments taking effect in fiscal year 1997

10 under section 5304 of such title (whether by

11 adjustment or otherwise), and the overall aver12 age percentage of such payments which was ef13 fective in fiscal year 1996 under such section.

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

15 prevailing rate employee described in subparagraph (B) or

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

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

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

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

20 be payable under subsection (a) were subsection (a) appli21 cable to such employee.

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

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

24 is paid from a schedule not in existence on September 30,
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1 1996, shall be determined under regulations prescribed by

2 the Office of Personnel Management.

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

4 of premium pay for employees subject to this section may

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

6 1996, except to the extent determined by the Office of

7 Personnel Management to be consistent with the purpose

8 of this section.

9 (e) This section shall apply with respect to pay for

10 service performed after September 30, 1996.

11 (f) For the purpose of administering any provision

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

13 Code, and any rule or regulation that provides premium

14 pay, retirement, life insurance, or any other employee ben15 efit) that requires any deduction or contribution, or that

16 imposes any requirement or limitation on the basis of a

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

18 payable after the application of this section shall be treat19 ed as the rate of salary or basic pay.

20 (g) Nothing in this section shall be considered to per21 mit or require the payment to any employee covered by

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

23 payable were this section not in effect.

24 (h) The Office of Personnel Management may provide

25 for exceptions to the limitations imposed by this section
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1 if the Office determines that such exceptions are necessary

2 to ensure the recruitment or retention of qualified employ3 ees.

4 SEC. 617. During the period in which the head of

5 any department or agency, or any other officer or civilian

6 employee of the Government appointed by the President

7 of the United States, holds office, no funds may be obli8 gated or expended in excess of $5,000 to furnish or re9 decorate the office of such department head, agency head,

10 officer or employee, or to purchase furniture or make im11 provements for any such office, unless advance notice of

12 such furnishing or redecoration is expressly approved by

13 the Committees on Appropriations of the House and Sen14 ate. For the purposes of this section, the word ‘‘office’’

15 shall include the entire suite of offices assigned to the indi16 vidual, as well as any other space used primarily by the

17 individual or the use of which is directly controlled by the

18 individual.

19 SEC. 618. Notwithstanding any other provision of

20 law, no executive branch agency shall purchase, construct,

21 and/or lease any additional facilities, except within or con22 tiguous to existing locations, to be used for the purpose

23 of conducting Federal law enforcement training without

24 the advance approval of the House and Senate Committees

25 on Appropriations.
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1 SEC. 619. Notwithstanding section 1346 of title 31,

2 United States Code, or section 613 of this Act, funds

3 made available for fiscal year 1997 by this or any other

4 Act shall be available for the interagency funding of na5 tional security and emergency preparedness telecommuni6 cations initiatives which benefit multiple Federal depart7 ments, agencies, or entities, as provided by Executive

8 Order Numbered 12472 (April 3, 1984).

9 SEC. 620. (a) None of the funds appropriated by this

10 or any other Act may be obligated or expended by any

11 Federal department, agency, or other instrumentality for

12 the salaries or expenses of any employee appointed to a

13 position of a confidential or policy-determining character

14 excepted from the competitive service pursuant to section

15 3302 of title 5, United States Code, without a certification

16 to the Office of Personnel Management from the head of

17 the Federal department, agency, or other instrumentality

18 employing the Schedule C appointee that the Schedule C

19 position was not created solely or primarily in order to

20 detail the employee to the White House.

21 (b) The provisions of this section shall not apply to

22 Federal employees or members of the armed services de23 tailed to or from—

24 (1) the Central Intelligence Agency;

25 (2) the National Security Agency;
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1 (3) the Defense Intelligence Agency;

2 (4) the offices within the Department of De3 fense for the collection of specialized national foreign

4 intelligence through reconnaissance programs;

5 (5) the Bureau of Intelligence and Research of

6 the Department of State;

7 (6) any agency, office, or unit of the Army,

8 Navy, Air Force, and Marine Corps, the Federal Bu9 reau of Investigation and the Drug Enforcement Ad10 ministration of the Department of Justice, the De11 partment of Transportation, the Department of the

12 Treasury, and the Department of Energy perform13 ing intelligence functions; and

14 (7) the Director of Central Intelligence.

15 SEC. 621. No department, agency, or instrumentality

16 of the United States receiving appropriated funds under

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

18 or expend any such funds, unless such department, agency

19 or instrumentality has in place, and will continue to ad20 minister in good faith, a written policy designed to ensure

21 that all of its workplaces are free from discrimination and

22 sexual harassment and that all of its workplaces are not

23 in violation of title VII of the Civil Rights Act of 1964,

24 as amended, the Age Discrimination in Employment Act

25 of 1967, and the Rehabilitation Act of 1973.
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1 SEC. 622. No part of any appropriation contained in

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

3 of employees, including employees of the Executive Office

4 of the President, not directly responsible for the discharge

5 of official governmental tasks and duties: Provided, That

6 this restriction shall not apply to the family of the Presi7 dent, Members of Congress or their spouses, Heads of

8 State of a foreign country or their designees, persons pro9 viding assistance to the President for official purposes, or

10 other individuals so designated by the President.

11 SEC. 623. Notwithstanding any provision of law, the

12 President, or his designee, must certify to Congress, annu13 ally, that no person or persons with direct or indirect re14 sponsibility for administering the Executive Office of the

15 President’s Drug-Free Workplace Plan are themselves

16 subject to a program of individual random drug testing.

17 SEC. 624. (a) None of the funds made available in

18 this Act or any other Act may be obligated or expended

19 for any employee training when it is made known to the

20 Federal official having authority to obligate or expend

21 such funds that such employee training—

22 (1) does not meet identified needs for knowl23 edge, skills, and abilities bearing directly upon the

24 performance of official duties;
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1 (2) contains elements likely to induce high lev2 els of emotional response or psychological stress in

3 some participants;

4 (3) does not require prior employee notification

5 of the content and methods to be used in the train6 ing and written end of course evaluation;

7 (4) contains any methods or content associated

8 with religious or quasi-religious belief systems or

9 ‘‘new age’’ belief systems as defined in Equal Em10 ployment Opportunity Commission Notice N–

11 915.022, dated September 2, 1988;

12 (5) is offensive to, or designed to change, par13 ticipants’ personal values or lifestyle outside the

14 workplace; or

15 (6) includes content related to human

16 immunodeficiency virus/acquired immune deficiency

17 syndrome (HIV/AIDS) other than that necessary to

18 make employees more aware of the medical ramifica19 tions of HIV/AIDS and the workplace rights of

20 HIV-positive employees.

21 (b) Nothing in this section shall prohibit, restrict, or

22 otherwise preclude an agency from conducting training

23 bearing directly upon the performance of official duties.

24 SEC. 625. No funds appropriated in this or any other

25 Act for fiscal year 1997 may be used to implement or en-
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1 force the agreements in Standard Forms 312 and 4355

2 of the Government or any other nondisclosure policy,

3 form, or agreement if such policy, form, or agreement does

4 not contain the following provisions: ‘‘These restrictions

5 are consistent with and do not supersede, conflict with,

6 or otherwise alter the employee obligations, rights, or li7 abilities created by Executive Order 12356; section 7211

8 of title 5, United States Code (governing disclosures to

9 Congress); section 1034 of title 10, United States Code,

10 as amended by the Military Whistleblower Protection Act

11 (governing disclosure to Congress by members of the mili12 tary); section 2302(b)(8) of title 5, United States Code,

13 as amended by the Whistleblower Protection Act (govern14 ing disclosures of illegality, waste, fraud, abuse or public

15 health or safety threats); the Intelligence Identities Pro16 tection Act of 1982 (50 U.S.C. 421 et seq.) (governing

17 disclosures that could expose confidential Government

18 agents); and the statutes which protect against disclosure

19 that may compromise the national security, including sec20 tions 641, 793, 794, 798, and 952 of title 18, United

21 States Code, and section 4(b) of the Subversive Activities

22 Act of 1950 (50 U.S.C. section 783(b)). The definitions,

23 requirements, obligations, rights, sanctions, and liabilities

24 created by said Executive Order and listed statutes are

25 incorporated into this agreement and are controlling.’’:
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1 Provided, That notwithstanding the preceding paragraph,

2 a nondisclosure policy form or agreement that is to be exe3 cuted by a person connected with the conduct of an intel4 ligence or intelligence-related activity, other than an em5 ployee or officer of the United States Government, may

6 contain provisions appropriate to the particular activity

7 for which such document is to be used. Such form or

8 agreement shall, at a minimum, require that the person

9 will not disclose any classified information received in the

10 course of such activity unless specifically authorized to do

11 so by the United States Government. Such nondisclosure

12 forms shall also make it clear that they do not bar disclo13 sures to Congress or to an authorized official of an execu14 tive agency or the Department of Justice that are essential

15 to reporting a substantial violation of law.

16 SEC. 626. (a) None of the funds appropriated by this

17 or any other Act may be expended by any Federal Agency

18 to procure any product or service subject to section 5124

19 of Public Law 104–106 and that will be available under

20 the procurement by the Administrator of General Services

21 known as ‘‘FTS2000’’ unless—

22 (1) such product or service is procured by the

23 Administrator of General Services as part of the

24 procurement known as ‘‘FTS2000’’; or
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1 (2) that agency establishes to the satisfaction of

2 the Administrator of General Services that—

3 (A) that agency’s requirements for such

4 procurement are unique and cannot be satisfied

5 by property and service procured by the Admin6 istrator of General Services as part of the pro7 curement known as ‘‘FTS2000’’; and

8 (B) the agency procurement, pursuant to

9 such delegation, would be cost-effective and

10 would not adversely affect the cost-effectiveness

11 of the FTS2000 procurement.

12 (b) After July 31, 1997 December 31, 1998, sub13 section (a) shall apply only if the Administrator of General

14 Services has reported that the FTS2000 procurement is

15 producing prices that allow the Government to satisfy its

16 requirements for such procurement in the most cost-effec17 tive manner.

18 SEC. 627. Subsection (f) of section 403 of Public Law

19 103–356 is amended by deleting ‘‘October 1, 1999’’ and

20 inserting ‘‘October 1, 2001’’.

21 SEC. 628. (a) IN GENERAL.—Notwithstanding any

22 other provision of law, none of the funds made available

23 by this Act for the Department of the Treasury shall be

24 available for any activity or for paying the salary of any

25 Government employee where funding an activity or paying
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1 a salary to a Government employee would result in a deci2 sion, determination, rule, regulation, or policy that would

3 permit the Secretary of the Treasury to make any loan

4 or extension of credit under section 5302 of title 31, Unit5 ed States Code, with respect to a single foreign entity or

6 government of a foreign country (including agencies or

7 other entities of that government)—

8 (1) with respect to a loan or extension of credit

9 for more than 60 days, unless the President certifies

10 to the Committee on Banking, Housing, and Urban

11 Affairs of the Senate and the Committee on Banking

12 and Financial Services of the House of Representa13 tives that—

14 (A) there is no projected cost (as that term

15 is defined in section 502 of the Federal Credit

16 Reform Act of 1990) to the United States from

17 the proposed loan or extension of credit; and

18 (B) any proposed obligation or expenditure

19 of United States funds to or on behalf of the

20 foreign government is adequately backed by an

21 assured source of repayment to ensure that all

22 United States funds will be repaid; and

23 (2) other than as provided by an Act of Con24 gress, if that loan or extension of credit would result

25 in expenditures and obligations, including contingent
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1 obligations, aggregating more than $1,000,000,000

2 with respect to that foreign country for more than

3 180 days during the 12-month period beginning on

4 the date on which the first such action is taken.

5 (b) WAIVER OF LIMITATIONS.—The President may

6 exceed the dollar and time limitations in subsection (a)(2)

7 if he certifies in writing to the Congress that a financial

8 crisis in that foreign country poses a threat to vital United

9 States economic interests or to the stability of the inter10 national financial system.

11 (c) EXPEDITED PROCEDURES FOR A RESOLUTION OF

12 DISAPPROVAL.—A presidential certification pursuant to

13 subsection (b) shall not take effect, if the Congress, within

14 30 calendar days after receiving such certification, enacts

15 a joint resolution of disapproval, as described in paragraph

16 (5) of this subsection.

17 (1) REFERENCE TO COMMITTEES.—All joint

18 resolutions introduced in the Senate to disapprove

19 the certification shall be referred to the Committee

20 on Banking, Housing, and Urban Affairs, and in the

21 House of Representatives, to the appropriate com22 mittees.

23 (2) DISCHARGE OF COMMITTEES.—(A) If the

24 committee of either House to which a resolution has

25 been referred has not reported it at the end of 15
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1 days after its introduction, it is in order to move ei2 ther to discharge the committee from further consid3 eration of the joint resolution or to discharge the

4 committee from further consideration of any other

5 resolution introduced with respect to the same mat6 ter, except no motion to discharge shall be in order

7 after the committee has reported a joint resolution

8 with respect to the same matter.

9 (B) A motion to discharge may be made only by

10 an individual favoring the resolution, and is privi11 leged in the Senate; and debate thereon shall be lim12 ited to not more than 1 hour, the time to be divided

13 in the Senate equally between, and controlled by, the

14 majority leader and the minority leader or their des15 ignees.

16 (3) FLOOR CONSIDERATION IN THE SENATE.—

17 (A) A motion in the Senate to proceed to the consid18 eration of a resolution shall be privileged.

19 (B) Debate in the Senate on a resolution, and

20 all debatable motions and appeals in connection

21 therewith, shall be limited to not more than 4 hours,

22 to be equally divided between, and controlled by, the

23 majority leader and the minority leader or their des24 ignees.
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1 (C) Debate in the Senate on any debatable mo2 tion or appeal in connection with a resolution shall

3 be limited to not more than 20 minutes, to be equal4 ly divided between, and controlled by, the mover and

5 the manager of the resolution, except that in the

6 event the manager of the resolution is in favor of

7 any such motion or appeal, the time in opposition

8 thereto, shall be controlled by the minority leader or

9 his designee. Such leaders, or either of them, may,

10 from time under their control on the passage of a

11 resolution, allot additional time to any Senator dur12 ing the consideration of any debatable motion or ap13 peal.

14 (D) A motion in the Senate to further limit de15 bate on a resolution, debatable motion, or appeal is

16 not debatable. No amendment to, or motion to re17 commit, a resolution is in order in the Senate.

18 (4) In the case of a resolution, if prior to the

19 passage by one House of a resolution of that House,

20 that House receives a resolution with respect to the

21 same matter from the other House, then—

22 (A) the procedure in that House shall be

23 the same as if no resolution had been received

24 from the other House; but
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1 (B) the vote on final passage shall be on

2 the resolution of the other House.

3 (5) For purposes of this subsection, the term

4 ‘‘joint resolution’’ means only a joint resolution of

5 the 2 Houses of Congress, the matter after the re6 solving clause of which is as follows: ‘‘That the Con7 gress disapproves the action of the President under

8 section 628(c) of the Treasury, Postal Service, and

9 General Government Appropriations Act, 1997, no10 tice of which was submitted to the Congress on

11 lllllll.’’, with the blank space being filled

12 with the appropriate date.

13 (d) APPLICABILITY.—This section—

14 (1) shall not apply to any action taken as part

15 of the program of assistance to Mexico announced

16 by the President on January 31, 1995; and

17 (2) shall remain in effect through fiscal year

18 1997.

19 SEC. 629. (a) TECHNICAL AMENDMENT.—Section

20 640 of Public Law 104–52 (109 Stat. 513) is amended

21 by striking ‘‘Service performed’’ and inserting ‘‘Hereafter,

22 service performed’’.

23 (b) EFFECTIVE DATE.—The amendment made by

24 subsection (a) shall take effect as if included in Public

25 Law 104–52 on the date of its enactment.
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1 SEC. 630. Notwithstanding any other provision of

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

3 for any fiscal year shall be available for paying Sunday

4 premium or differential pay to any employee unless such

5 employee actually performed work during the time cor6 responding to such premium or differential pay.

7 SEC. 631. No part of any funds appropriated in this

8 or any other Act shall be used by an agency of the execu9 tive branch, other than for normal and recognized execu10 tive-legislative relationships, for publicity or propaganda

11 purposes, and for the preparation, distribution or use of

12 any kit, pamphlet, booklet, publication, radio, television or

13 film presentation designed to support or defeat legislation

14 pending before the Congress, except in presentation to the

15 Congress itself.

16 SEC. 632. (a) FEDERAL EMPLOYEE REPRESENTA17 TION IMPROVEMENT.—Subsection (d) of section 205 of

18 title 18, United States Code, is amended to read as fol19 lows:

20 ‘‘(d)(1) Nothing in subsection (a) or (b) prevents an

21 officer or employee, if not inconsistent with the faithful

22 performance of that officer’s or employee’s duties, from

23 acting without compensation as agent or attorney for, or

24 otherwise representing—
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1 ‘‘(A) any person who is the subject of discipli2 nary, loyalty, or other personnel administration pro3 ceedings in connection with those proceedings; or

4 ‘‘(B) except as provided in paragraph (2), any

5 cooperative, voluntary, professional, recreational, or

6 similar organization or group not established or op7 erated for profit, if a majority of the organization’s

8 or group’s members are current officers or employ9 ees of the United States or of the District of Colum10 bia, or their spouses or dependent children.

11 ‘‘(2) Paragraph (1)(B) does not apply with respect

12 to a covered matter that—

13 ‘‘(A) is a claim under subsection (a)(1) or

14 (b)(1);

15 ‘‘(B) is a judicial or administrative proceeding

16 where the organization or group is a party; or

17 ‘‘(C) involves a grant, contract, or other agree18 ment (including a request for any such grant, con19 tract, or agreement) providing for the disbursement

20 of Federal funds to the organization or group.’’.

21 (b) APPLICATION TO LABOR-MANAGEMENT RELA22 TIONS.—Section 205 of title 18, United States Code, is

23 amended by adding at the end the following:

24 ‘‘(i) Nothing in this section prevents an employee

25 from acting pursuant to—
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1 ‘‘(1) chapter 71 of title 5;

2 ‘‘(2) section 1004 or chapter 12 of title 39;

3 ‘‘(3) section 3 of the Tennessee Valley Author4 ity Act of 1933 (16 U.S.C. 831b);

5 ‘‘(4) chapter 10 of title I of the Foreign Service

6 Act of 1980 (22 U.S.C. 4104 et seq.); or

7 ‘‘(5) any provision of any other Federal or Dis8 trict of Columbia law that authorizes labor-manage9 ment relations between an agency or instrumentality

10 of the United States or the District of Columbia and

11 any labor organization that represents its employ12 ees.’’.

13 (c) APPLICABILITY.—The amendments made by this

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

15 this Act and shall apply thereafter.

16 SEC. 633. SURVIVOR ANNUITY RESUMPTION UPON

17 TERMINATION OF MARRIAGE.—(a) AMENDMENTS.—

18 (1) CIVIL SERVICE RETIREMENT SYSTEM.—Sec19 tion 8341(e) of title 5, United States Code, is

20 amended by adding at the end the following:

21 ‘‘(4) If the annuity of a child under this subchapter

22 terminates under paragraph (3)(E) because of marriage,

23 then, if such marriage ends, such annuity shall resume

24 on the first day of the month in which it ends, but only

25 if—
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1 ‘‘(A) any lump sum paid is returned to the

2 Fund; and

3 ‘‘(B) that individual is not otherwise ineligible

4 for such annuity.’’.

5 (2) FEDERAL EMPLOYEES’ RETIREMENT SYS6 TEM.—Section 8443(b) of such title is amended by

7 adding at the end the following: ‘‘If the annuity of

8 a child under this subchapter terminates under sub9 paragraph (E) because of marriage, then, if such

10 marriage ends, such annuity shall resume on the

11 first day of the month in which it ends, but only if

12 any lump sum paid is returned to the Fund, and

13 that individual is not otherwise ineligible for such

14 annuity.’’.

15 (3) FEDERAL EMPLOYEES HEALTH BENEFITS.—

16 Section 8908 of title 5, United States Code, is amend17 ed by adding at the end of the following new sub18 section:

19 ‘‘(d) A surviving child whose survivor annuity under

20 section 8341(e) or 8443(b) was terminated and is later re21 stored under paragraph (4) of section 8341(e) or the last

22 sentence of section 8443(b) may, under regulations pre23 scribed by the Office, enroll in a health benefits plan de24 scribed by section 8903 or 8903a if such surviving child
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1 was covered by any such plan immediately before such an2 nuity was terminated.’’.

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 (b) APPLICABILITY.—The amendments made by sub10 section (a) shall apply with respect to any termination of

11 marriage taking effect before, on, or after the date of enact12 ment of this Act, except that benefits shall be payable only

13 with respect to amounts accruing for periods beginning on

14 the first day of the month beginning after the later of such

15 termination of marriage or such date of enactment.

16 SEC. 634. AVAILABILITY OF ANNUAL LEAVE TO

17 MEET MINIMUM AGE AND SERVICE REQUIREMENTS FOR

18 TITLE TO AN IMMEDIATE ANNUITY.—(a) CIVIL SERVICE

19 RETIREMENT SYSTEM.—Section 8336 of title 5, United

20 States Code, is amended by adding at the end the follow21 ing:

22 ‘‘(o)(1) An employee involuntarily separated from

23 service due to a reduction in force shall, upon written elec24 tion, be given credit for days of unused annual leave

25 standing to such employee’s credit under a formal leave
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1 system as of the date of separation, if and to the extent

2 necessary in order to meet the minimum age and service

3 requirements for title to an annuity under this section.

4 ‘‘(2) The Office shall prescribe any regulations which

5 may be necessary to carry out this subsection, including

6 regulations under which contributions to the Fund shall,

7 with respect to the days of leave for which credit is given

8 under this subsection, be made—

9 ‘‘(A) by the employee, equal to the employee

10 contributions which would have been required for

11 those days if separation had not occurred; and

12 ‘‘(B) by the agency from which separated, equal

13 to the Government contributions which would have

14 been required if separation had not occurred.

15 Contributions under the preceding sentence shall be deter16 mined based on the rate of basic pay last in effect before

17 separation.

18 ‘‘(3) Nothing in this subsection shall be considered—

19 ‘‘(A) to allow credit to be given for any leave

20 standing to the credit of the employee (other than

21 by restoration) pursuant to subchapter III or IV of

22 chapter 63 or other similar authority;

23 ‘‘(B) to permit or require the making of any

24 contributions to the Thrift Savings Fund with re25 spect to any period after the date of separation; or
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1 ‘‘(C) to make any days of annual leave cred2 itable for purposes of section 8333, any determina3 tion of average pay, or any computation of annuity.

4 ‘‘(4)(A) The taking of a lump-sum payment under

5 section 5551 or other similar authority shall not make any

6 of the leave to which such payment relates unavailable for

7 purposes of this subsection.

8 ‘‘(B) The use of any leave for purposes of this sub9 section shall not reduce the amount of leave for which a

10 lump-sum payment is payable under section 5551 or other

11 similar authority.

12 ‘‘(5) This subsection shall apply with respect to sepa13 rations occurring on or after the date of the enactment

14 of this subsection and before July 1, 2002.’’.

15 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—

16 Section 8412 of title 5, United States Code, is amended

17 by adding at the end the following:

18 ‘‘(i)(1) An employee involuntarily separated from

19 service due to a reduction in force shall, upon written elec20 tion, be given credit for days of unused annual leave

21 standing to such employee’s credit under a formal leave

22 system as of the date of separation, if and to the extent

23 necessary in order to meet the minimum age and service

24 requirements for title to an annuity under this section or

25 section 8414.
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1 ‘‘(2) The Office shall prescribe any regulations which

2 may be necessary to carry out this subsection, including

3 regulations under which contributions to the Fund shall,

4 with respect to the days of leave for which credit is given

5 under this subsection, be made—

6 ‘‘(A) by the employee, equal to the employee

7 contributions which would have been required for

8 those days if separation had not occurred; and

9 ‘‘(B) by the agency from which separated, equal

10 to the Government contributions which would have

11 been required if separation had not occurred.

12 Contributions under the preceding sentence shall be deter13 mined based on the rate of basic pay last in effect before

14 separation.

15 ‘‘(3) Nothing in this subsection shall be considered—

16 ‘‘(A) to allow credit to be given for any leave

17 standing to the credit of the employee (other than

18 by restoration) pursuant to subchapter III or IV of

19 chapter 63 or other similar authority;

20 ‘‘(B) to permit or require the making of any

21 contributions to the Thrift Savings Fund with re22 spect to any period after the date of separation; or

23 ‘‘(C) to make any days of annual leave cred24 itable for purposes of section 8410, any determina25 tion of average pay, or any computation of annuity.
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1 ‘‘(4)(A) The taking of a lump-sum payment under

2 section 5551 or other similar authority shall not make any

3 of the leave to which such payment relates unavailable for

4 purposes of this subsection.

5 ‘‘(B) The use of any leave for purposes of this sub6 section shall not reduce the amount of leave for which a

7 lump-sum payment is payable under section 5551 or other

8 similar authority.

9 ‘‘(5) This subsection shall apply with respect to sepa10 rations occurring on or after the date of the enactment

11 of this subsection and before July 1, 2002.’’.

12 SEC. 634. AVAILABILITY OF ANNUAL LEAVE FOR EM13 PLOYEES AFFECTED BY REDUCTION IN FORCE.—Section

14 6302 of title 5, United States Code, is amended by adding

15 at the end of the following new subsection:

16 ‘‘(g) An employee who is being involuntarily separated

17 from an agency due to a reduction in force or transfer of

18 function under subchapter I of chapter 35 may elect to use

19 annual leave to the employee’s credit to remain on the agen20 cy’s rolls after the date the employee would otherwise have

21 been separated if, and only to the extent that, such addi22 tional time in a pay status will enable the employee to qual23 ify for an immediate annuity under section 8336, 8412,

24 8414, or to qualify to carry health benefits coverage into

25 retirement under section 8905(b).’’.
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1 SEC. 635. Section 207(e)(6)(B) of title 18, United

2 States Code, is amended by striking ‘‘level V of the Execu3 tive Schedule’’ and inserting ‘‘level 5 of the Senior Execu4 tive Service’’.

5 SEC. 636. REIMBURSEMENTS RELATING TO PROFES6 SIONAL LIABILITY INSURANCE.—(a) AUTHORITY.—Not7 withstanding any other provision of law, amounts appro8 priated by this Act (or any other Act for fiscal year 1997

9 or any fiscal year thereafter) for salaries and expenses

10 may be used to reimburse any qualified employee for not

11 to exceed one-half the costs incurred by such employee for

12 professional liability insurance. A payment under this sec13 tion shall be contingent upon the submission of such infor14 mation or documentation as the employing agency may re15 quire.

16 (b) QUALIFIED EMPLOYEE.—For purposes of this

17 section, the term ‘‘qualified employee’’ means an agency

18 employee whose position is that of—

19 (1) a law enforcement officer; or

20 (2) a supervisor or management official.

21 (c) DEFINITIONS.—For purposes of this section—

22 (1) the term ‘‘agency’’ means an Executive

23 agency, as defined by section 105 of title 5, United

24 States Code, and any agency of the Legislative
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1 Branch of Government including any office or com2 mittee of the Senate or the House of Representatives;

3 (2) the term ‘‘law enforcement officer’’ means

4 an employee, the duties of whose position are pri5 marily the investigation, apprehension, prosecution,

6 or detention of individuals suspected or convicted of

7 offenses against the criminal laws of the United

8 States, including any law enforcement officer under

9 section 8331(20) or 8401(17) of such title 5;

10 (3) the terms ‘‘supervisor’’ and ‘‘management

11 official’’ have the respective meanings given them by

12 section 7103(a) of such title 5, and

13 (4) the term ‘‘professional liability insurance’’

14 means insurance which provides coverage for—

15 (A) legal liability for damages due to inju16 ries to other persons, damage to their property,

17 or other damage or loss to such other persons

18 (including the expenses of litigation and settle19 ment) resulting from or arising out of any

20 tortious act, error, or omission of the covered

21 individual (whether common law, statutory, or

22 constitutional) while in the performance of such

23 individual’s official duties as a qualified em24 ployee; and
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1 (B) the cost of legal representation for the

2 covered individual in connection with any ad3 ministrative or judicial proceeding (including

4 any investigation or disciplinary proceeding) re5 lating to any act, error, or omission of the cov6 ered individual while in the performance of such

7 individual’s official duties as a qualified em8 ployee, and other legal costs and fees relating

9 to any such administrative or judicial proceed10 ing.

11 (d) APPLICABILITY.—The amendments made by this

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

13 this Act and shall apply thereafter.

14 SEC. 637. For purposes of each provision of law

15 amended by section 704(a)(2) of the Ethics Reform Act

16 of 1989 (5 U.S.C. 5318 note), no adjustment under sec17 tion 5303 of title 5, United States Code, shall be consid18 ered to have taken effect in fiscal year 1997 in the rates

19 of basic pay for the statutory pay systems.

20 SEC. 638. (a) For purposes of this section, the term

21 ‘‘political appointee’’ means any individual who—

22 (1) is employed in a position listed in sections

23 5312 through 5316 of title 5, United States Code

24 (relating to the Executive Schedule);
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1 (2) is a limited term appointee, limited emer2 gency appointee, or noncareer appointee in the Sen3 ior Executive Service, as defined under section

4 3132(a) (5), (6), and (7) of title 5, United States

5 Code, respectively; or

6 (3) is employed in a position in the executive

7 branch of the Government under schedule C of sub8 part C of part 213 of title 5 of the Code of Federal

9 Regulations.

10 (b) The President, acting through the Office of Man11 agement and Budget and the Office of Personnel Manage12 ment, shall take such actions as necessary (including re13 duction-in-force actions under procedures consistent with

14 those established under section 3595 of title 5, United

15 States Code) to ensure that the number of political ap16 pointees shall not, during any fiscal year beginning after

17 September 30, 1997, exceed a total of 2,300 (determined

18 on a full-time equivalent basis).

19 SEC. 639. Section 608 of Public Law 104–52 is amend20 ed in the first sentence by inserting before the period, ‘‘,

21 including Federal records disposed of pursuant to a records

22 schedule’’.

23 SEC. 640. In reviewing and analyzing the contracting

24 out, outsourcing or privatization of business and adminis25 trative functions, and in implementing 40 U.S.C. sections
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1 1413 and 1423, and other provisions, in title LI of the Na2 tional Defense Authorization Act for fiscal year 1996 (the

3 Information Technology Management Reform Act)—

4 (1) the Director of the Office of Management and

5 Budget and the heads of the executive agencies may

6 have studies, analyses, reviews and other management

7 assistance performed by the private sector;

8 (2) the reviews, analyses, and studies called for

9 by 40 U.S.C. section 1413(b)(2) (B) and (C) shall be

10 completed and reported to the Agency Head within

11 180 days, or less measured from when a study analy12 sis or review is initiated unless the Agency Head de13 termines additional time is needed; and

14 (3) in accordance with principles and rules gov15 erning organizational conflicts of interest, persons in16 volved in a particular study may not compete for any

17 work that is to be or is outsourced as a result of that

18 study.

19 (4) this section will apply with respect to studies

20 occurring on or after the date of enactment of this

21 subsection and completed before September 1, 1999

22 and the Comptroller General of the United States

23 shall review and provide an assessment of this pro24 gram by January 1, 1999.
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1 SEC. 641. (a) SECTION 1.—AUTHORIZATION OF AP2 PROPRIATIONS.—Section 8(a)(1) of the Whistleblower Pro3 tection Act of 1989 (5 U.S.C. 5509 note, Public Law 101–

4 12, April 10, 1989, 103 Stat. 34, as amended Public Law

5 103–424, Section 1, October 29, 1994, 108 Stat. 4361), is

6 amended by striking the words: ‘‘1993, 1994, 1995, 1996,

7 and 1997,’’ and inserting in lieu thereof ‘‘1998, 1999, 2000,

8 2001, and 2002’’.

9 (b) SECTION 2.—EFFECTIVE DATE. This Act shall take

10 effect on October 1, 1998.

11 SEC. 642. (a) SECTION 1.—AUTHORIZATION OF AP12 PROPRIATIONS.—Section 8(a)(1) of the Whistleblower Pro13 tection Act of 1989 (5 U.S.C. 5509 note; Public Law 103–

14 424; 103 Stat. 34) is amended by striking out: ‘‘1993, 1994,

15 1995, 1996, and 1997,’’ and inserting in lieu thereof ‘‘1998,

16 1999, 2000, 2001, and 2002’’.

17 (b) SECTION 2.—EFFECTIVE DATE.—This Act shall

18 take effect on October 1, 1998.

19 SEC. 643. MODIFICATIONS OF NATIONAL COMMISSION

20 ON RESTRUCTURING THE INTERNAL REVENUE SERVICE.—

21 (a) QUORUM.—Paragraph (4) of section 637(b) of the

22 Treasury, Postal Service, and General Government Appro23 priations Act, 1996 (Public Law 104–52, 109 Stat. 510)

24 is amended by striking ‘‘Seven’’ and inserting ‘‘Nine’’.

25 (b) CO-CHAIRS.—
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1 (1) IN GENERAL.—Paragraph (3) of section

2 637(b) of such Act is amended—

3 (A) by striking ‘‘a Chairman’’ and insert4 ing ‘‘Co-Chairs’’, and

5 (B) by striking ‘‘Chairman’’ in the heading

6 and inserting ‘‘Co-Chairs’’.

7 (2) CONFORMING AMENDMENTS.—(A) Paragraph

8 (5)(B) of section 637(b) of such Act is amended by

9 striking ‘‘a Chairman’’ and inserting ‘‘Co-Chairs’’.

10 (B) Subsections (b)(4), (d)(1)(B), (d)(3), and

11 (e)(1) of section 637 of such Act are each amended by

12 striking ‘‘Chairman’’ each place it appears and in13 serting ‘‘Co-Chairs’’.

14 (c) GIFTS.—Section 637(d) of such Act is amended by

15 adding at the end the following new paragraph:

16 ‘‘(6) GIFTS.—The Commission may accept, use,

17 and dispose of gifts or donations of services or prop18 erty in carrying out its duties under this section.’’

19 (d) TRAVEL EXPENSES.—Section 637(f)(2) of such Act

20 is amended by striking ‘‘shall’’ and inserting ‘‘may’’.

21 (e) EFFECTIVE DATE.—The amendments made by this

22 section shall take effect as if included in the provisions of

23 the Treasury, Postal Service, and General Government Ap24 propriations Act, 1996.
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1 SEC. 644. (a) IN GENERAL.—Section 202(a) of title

2 39, United States Code, is amended by striking ‘‘$10,000

3 a year’’ and inserting ‘‘$30,000 a year’’.

4 (b) EFFECTIVE DATE.—Subsection (a) shall take effect

5 at the beginning of the next applicable pay period begin6 ning after the date of the enactment of this Act.

7 SEC. 645. REGULATORY ACCOUNTING.—(a) IN GEN8 ERAL.—No later than September 30, 1997, the Director of

9 the Office of Management and Budget shall submit to the

10 Congress an accounting statement that estimates the cumu11 lative costs and benefits of Federal regulatory programs.

12 (b) NOTICE.—The Director shall provide public notice

13 and an opportunity to comment on the accounting state14 ment and report under subsection (c).

15 (c) ASSOCIATED REPORT.—The Director shall submit

16 with the accounting statement an associated report that

17 shall contain, at a minimum—

18 (1) analysis of the direct and indirect impacts of

19 Federal rules on the private sector, State and local

20 government, and the Federal Government;

21 (2) estimates of the costs and benefits of each rule

22 that is likely to have a gross annual effect on the

23 economy of $100,000,000 or more in increased costs;

24 and
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1 (3) recommendations from the Director and pub2 lic comments to reform or eliminate any Federal reg3 ulatory program or program element that is ineffi4 cient or is not a sound use of national resources.

5 TITLE VII—SUPPLEMENTAL APPROPRIATIONS

6 AND RESCISSIONS FOR THE FISCAL YEAR

7 ENDING SEPTEMBER 30, 1996

8 BUREAU OF ALCOHOL, TOBACCO AND FIREARMS

9 SALARIES AND EXPENSES

10 For an additional amount for ‘‘Salaries and Ex11 penses’’ to be used in connection with investigations of

12 arson at religious institutions, $12,011,000, available

13 upon enactment of this Act and to remain available until

14 expended.

15 INTERNAL REVENUE SERVICE

16 INFORMATION SYSTEMS

17 (RESCISSION)

18 Of the funds made available under this heading for

19 Tax Systems Modernization in Public Law 104–52,

20 $12,011,000 $16,500,000 are rescinded.

21 TITLE VIII—ADDITIONAL GENERAL

22 PROVISIONS

23 SEC. 801. None of the funds appropriated by this Act

24 shall be available to pay any amount to, or to pay the

25 administrative expenses in connection with, any health

26 plan under the Federal employees health benefit program,
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1 when it is made known to the Federal official having au2 thority to obligate or expend such funds that such health

3 plan operates a health care provider incentive plan that

4 does not meet the requirements of section 1876(i)(8)(A)

5 of the Social Security Act (42 U.S.C. 1395mm(i)(8)(A))

6 for physician incentive plans in contracts with eligible or7 ganizations under section 1876 of such Act.

8 This Act may be cited as the ‘‘Treasury, Postal Serv9 ice, and General Government Appropriations Act, 1997’’.