IB

103D CONGRESS

1ST SESSION H. R. 2403

IN THE HOUSE OF REPRESENTATIVES

AUGUST 3, 1993

Ordered to be printed with the amendments of the Senate numbered

AN ACT

Making appropriations for the Treasury Department, the

United States Postal Service, the Executive Office of

the President, and certain Independent Agencies, for the

fiscal year ending September 30, 1994, and for other

purposes.

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

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 Treasury Department, the United States Postal Service,

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

8 1994, and for other purposes, namely:
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1 TITLE I

2 DEPARTMENT OF THE TREASURY

3 DEPARTMENTAL OFFICES

4 SALARIES AND EXPENSES

5 For necessary expenses of the Departmental Offices

6 including operation and maintenance of the Treasury

7 Building and Annex; hire of passenger motor vehicles;

8 maintenance, repairs, and improvements of, and purchase

9 of commercial insurance policies for, real properties leased

10 or owned overseas, when necessary for the performance

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

12 travel expenses; not to exceed $100,000 for official recep13 tion and representation expenses, of which $75,000 is for

14 such expenses of the international affairs function of the

15 Offices; Ω1æof which not less than $6,902,000 and 90 full16 time equivalent positions shall be available for enforcement

17 activities, and of which no less than $2,971,000 and 46 full18 time equivalent positions shall be available for the Office

19 of Foreign Assets Control; not to exceed $258,000 for un20 foreseen emergencies of a confidential nature, to be allo21 cated and expended under the direction of the Secretary

22 of the Treasury and to be accounted for solely on his cer23 tificate; not to exceed $488,000, to remain available until

24 expended, for repairs and improvements to the Main
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1 Treasury Building and Annex; Ω2æ$104,597,000

2 $105,700,000.

3 OFFICE OF INSPECTOR GENERAL

4 SALARIES AND EXPENSES

5 For necessary expenses of the Office of Inspector

6 General in carrying out the provisions of the Inspector

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

8 vehicles; not to exceed $2,000,000 for official travel ex9 penses; not to exceed $100,000 for unforeseen emer10 gencies of a confidential nature, to be allocated and ex11 pended under the direction of the Inspector General of the

12 Treasury; $28,897,000Ω3æ,–of which $300,000 shall re13 main available until expended for the Inspectors General

14 Auditor Training Institute.

15 FINANCIAL CRIMES ENFORCEMENT NETWORK

16 SALARIES AND EXPENSES

17 For necessary expenses of the Financial Crimes En18 forcement Network, including hire of passenger motor ve19 hicles; not to exceed $4,000 for official reception and rep20 resentation expenses; $18,280,000.

21 TREASURY FORFEITURE FUND

22 (LIMITATION OF AVAILABILITY OF DEPOSITS)

23 For necessary expenses of the Treasury Forfeiture

24 Fund, as authorized by Public Law 102–393, not to ex-
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1 ceed Ω4æ$14,770,000 $50,000,000, to be derived from de2 posits in the Fund.

3 FEDERAL LAW ENFORCEMENT TRAINING CENTER

4 SALARIES AND EXPENSES

5 For necessary expenses of the Federal Law Enforce6 ment Training Center, as a bureau of the Department of

7 the Treasury, including purchase (not to exceed fifty-two

8 for police-type use) and hire of passenger motor vehicles;

9 for expenses for student athletic and related activities;

10 uniforms without regard to the general purchase price lim11 itation for the current fiscal year; the conducting of and

12 participating in firearms matches and presentation of

13 awards; for public awareness and enhancing community

14 support of law enforcement training; not to exceed $7,000

15 for official reception and representation expenses; room

16 and board for student interns; and services as authorized

17 by 5 U.S.C. 3109: Provided, That the Center is authorized

18 to accept gifts: Provided further, That notwithstanding

19 any other provision of law, students attending training at

20 any Federal Law Enforcement Training Center site shall

21 reside in on-Center or Center-provided housing, insofar as

22 available and in accordance with Center policy: Provided

23 further, That funds appropriated in this account shall be

24 available for State and local government law enforcement

25 training on a space-available basis; training of foreign law
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1 enforcement officials on a space-available basis with reim2 bursement of actual costs to this appropriation; training

3 of private sector security officials on a space available

4 basis with reimbursement of actual costs to this appropria5 tion; travel expenses of non-Federal personnel to attend

6 State and local course development meetings at the Cen7 ter: Provided further, That the Director of the Federal

8 Law Enforcement Training Center shall annually present

9 an award to be accompanied by a gift of intrinsic value

10 to the outstanding student who graduated from a basic

11 training program at the Center during the previous fiscal

12 year, to be funded by donations received through the Cen13 ter’s gift authorityΩ5æ: Provided further, That the Center

14 is authorized to obligate funds in anticipation of reimburse15 ments from agencies receiving training at the Federal Law

16 Enforcement Training Center: Provided further, That the

17 Federal Law Enforcement Training Center is authorized

18 to provide short term medical services for students under19 going training at the Center; Ω6æ$47,195,000

20 $47,695,000.

21 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

22 RELATED EXPENSES

23 For expansion of the Federal Law Enforcement

24 Training Center, for acquisition of necessary additional

25 real property and facilities, and for ongoing maintenance,
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1 facility improvements, and related expenses,

2 Ω7æ$7,712,000 $12,712,000, to remain available until ex3 pended.

4 FINANCIAL MANAGEMENT SERVICE

5 SALARIES AND EXPENSES

6 For necessary expenses of the Financial Management

7 Service, $209,877,000, of which not to exceed

8 Ω8æ$9,748,000 $11,539,000, shall remain available until

9 expended for systems modernization initiatives.

10 BUREAU OF ALCOHOL, TOBACCO AND FIREARMS

11 SALARIES AND EXPENSES

12 For necessary expenses of the Bureau of Alcohol, To13 bacco and Firearms, including purchase of not to exceed

14 six hundred and fifty vehicles for police-type use for re15 placement only and hire of passenger motor vehicles; hire

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

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

18 diem and/or subsistence allowances to employees where an

19 assignment to the National Response Team during the in20 vestigation of a bombing or arson incident requires an em21 ployee to work 16 hours or more per day or to remain

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

23 for official reception and representation expenses; for

24 training of State and local law enforcement agencies with

25 or without reimbursement; provision of laboratory assist-
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1 ance to State and local agencies, with or without reim2 bursement; Ω9æ$364,245,000 $368,046,000, not to exceed

3 $100,000 shall be available for hosting or participating in

4 the Interagency Committee on Women in Federal Law En5 forcement Conference, the Law Enforcement Explorer

6 Scouts Conference, and the International Asian Organized

7 Crime Conference, of which $22,000,000 shall be available

8 solely for the enforcement of the Federal Alcohol Adminis9 tration Act during fiscal year 1994 and, of which not to

10 exceed $1,000,000 shall be available for the payment of

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

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

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

14 official use by a State or local law enforcement agency

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

16 enforcement operations with the Bureau of Alcohol, To17 bacco and Firearms and for the payment of overtime sala18 ries, travel, fuel, training, equipment, and other similar

19 costs of State and local law enforcement officers that are

20 incurred in joint operations with the Bureau of Alcohol,

21 Tobacco and Firearms: Provided, That Ω10æfees will be

22 collected by the Secretary of the Treasury or his delegate

23 pursuant to section 108 of this Act, of which not to exceed

24 $5,000,000 shall be retained and used for the specific pur25 pose of offsetting costs of the Bureau’s Compliance Alco-
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1 hol Program, notwithstanding 31 U.S.C. 3302(b), and any

2 fees collected in excess of $5,000,000 shall be deposited

3 as miscellaneous receipts in the Treasury: Provided fur4 ther, That the sum herein appropriated shall be reduced

5 by not more than $5,000,000 as fees are collected pursu6 ant to section 108 of this Act: Provided further, That none

7 of the funds appropriated herein shall be available to in8 vestigate or act upon applications for relief from Federal

9 firearms disabilities under 18 U.S.C. 925(c) Ω11æ: Pro10 vided further, That such funds shall be available to inves11 tigate and act upon applications filed by corporations for

12 relief from Federal firearms disabilities under 18 U.S.C sec13 tion 925(c)Ω12æ: Provided further, That funds made avail14 able under this Act shall be used to achieve a minimum

15 level of 4,261 full-time equivalent positions for fiscal year

16 1994, of which no fewer than 1,440 shall be allocated for

17 the Armed Career Criminal Apprehension Pro18 gramΩ13æProvided further, That no funds made available

19 by this or any other Act may be used to plan or implement

20 any reorganization of the Bureau of Alcohol, Tobacco and

21 Firearms or transfer of the Bureau’s functions, missions,

22 or activities to other agencies or Departments in the fiscal

23 year ending on September 30, 1994: Provided further, That

24 no funds appropriated herein shall be available for salaries

25 or administrative expenses in connection with consolidat-
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1 ing or centralizing, within the Department of the Treas2 ury, the records, or any portion thereof, of acquisition and

3 disposition of firearms maintained by Federal firearms li4 censees.

5 UNITED STATES CUSTOMS SERVICE

6 SALARIES AND EXPENSES

7 For necessary expenses of the United States Customs

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

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

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

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

12 representation expenses; and awards of compensation to

13 informers, as authorized by any Act enforced by the

14 United States Customs Service; Ω14æ$1,311,819,000

15 $1,363,668,000, of which such sums as become available

16 in the Customs User Fee Account, except sums subject

17 to section 13031(f)(3) of the Consolidated Omnibus Rec18 onciliation Act of 1985, as amended (19 U.S.C. 58c(f)(3)),

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

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

21 space in connection with preclearance operations, and not

22 to exceed $4,000,000 shall be Ω15æavailable until ex23 pended for research: Provided, That uniforms may be pur24 chased without regard to the general purchase price limi25 tation for the current fiscal year: Provided further, That
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1 none of the funds made available by this Act shall be avail2 able for administrative expenses to pay any employee over3 time pay in an amount in excess of $25,000: Provided fur4 ther, That the Commissioner or the Commissioner’s des5 ignee may waive this limitation in individual cases in order

6 to prevent excessive costs or to meet emergency require7 ments of the Service: Provided further, That no funds ap8 propriated by this Act may be used to reduce to single

9 eight-hour shifts at airports and that all current services

10 as provided by the Customs Service shall continue through

11 September 30, 1994Ω16æ: Provided further, That the Unit12 ed States Customs Service shall hire and maintain an aver13 age of not less than 17,941 full-time equivalent positions

14 in fiscal year 1994, of which a minimum level of 960 full15 time equivalent positions shall be allocated to air interdic16 tion activities of the United States Customs Service: Pro17 vided further, That not less than $750,000 shall be ex18 pended for additional part-time and temporary positions

19 in the Honolulu Customs District.

20 OPERATION AND MAINTENANCE, AIR AND MARINE

21 INTERDICTION PROGRAMS

22 For expenses, not otherwise provided for, necessary

23 for the operation and maintenance of marine vessels, air24 craft, and other related equipment of the Air and Marine

25 Programs, including operational training and mission-re26 lated travel, and rental payments for facilities occupied by
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1 the air or marine interdiction Ω17æand demand reduction

2 programs: Provided, That no aircraft or other related

3 equipment shall be transferred to any other Federal agen4 cy, Department, or office outside of the Department of

5 the Treasury during fiscal year 1994 Ω18æ$46,063,000

6 $47,863,000.

7 OPERATIONS AND MAINTENANCE, CUSTOMS P–3 DRUG

8 INTERDICTION PROGRAM

9 For necessary expenses of operations, maintenance,

10 modifications to, spare parts and related equipment for

11 Customs P–3 surveillance aircraft for carrying out

12 Ω19ædefense-related drug interdiction purposes;

13 $28,000,000.

14 AIR AND MARINE INTERDICTION PROGRAMS,

15 PROCUREMENT

16 For the procurement, construction, and modification

17 of aircraft and marine vessels, equipment, radar, spare

18 parts, and accessories therefor of the air and marine inter19 diction programs; $21,093,000, to remain available until

20 expended.

21 Ω20æCUSTOMS FACILITIES, CONSTRUCTION, IMPROVEMENTS

22 AND RELATED EXPENSES

23 For acquisition of necessary additional real property,

24 facilities, construction, improvements, and related expenses

25 of the United States Customs Service, $10,000,000, to re26 main available until expended.
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1 CUSTOMS SERVICES AT SMALL AIRPORTS

2 (TO BE DERIVED FROM FEES COLLECTED)

3 Such sums as may be necessary, not to exceed

4 $1,406,000, for expenses for the provision of Customs

5 services at certain small airports or other facilities when

6 authorized by law and designated by the Secretary of the

7 Treasury, including expenditures for the salary and ex8 penses of individuals employed to provide such services,

9 to be derived from fees collected by the Secretary of the

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

11 for each of these airports or other facilities when author12 ized by law and designated by the Secretary of the Treas13 ury, and to remain available until expended.

14 UNITED STATES MINT

15 SALARIES AND EXPENSES

16 For necessary expenses of the United States Mint;

17 $54,770,000, including amounts for purchase and mainte18 nance of uniforms not to exceed $285 multiplied by the

19 number of employees of the agency who are required by

20 regulation or statute to wear a prescribed uniform in the

21 performance of official duties; and of which $1,517,000

22 shall remain available until expended for expansion and

23 improvements.
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1 BUREAU OF THE PUBLIC DEBT

2 ADMINISTERING THE PUBLIC DEBT

3 For necessary expenses connected with any public4 debt issues of the United States; Ω21æ$189,209,000

5 $187,209,000.

6 PAYMENT OF GOVERNMENT LOSSES IN SHIPMENT

7 For necessary expenses for ‘‘Payment of Government

8 Losses in Shipment’’, $500,000, to remain available until

9 expended.

10 INTERNAL REVENUE SERVICE

11 ADMINISTRATION AND MANAGEMENT

12 For necessary expenses of the Internal Revenue Serv13 ice, not otherwise provided for; executive direction, man14 agement services, and internal audit and security; includ15 ing purchase (not to exceed 125 for replacement only, for

16 police-type use) and hire of passenger motor vehicles (31

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

18 3109, at such rates as may be determined by the Commis19 sioner; $167,822,000, of which not to exceed $25,000 for

20 official reception and representation expenses Ω22æ;–and

21 of which not to exceed $500,000 shall be for research.

22 PROCESSING TAX RETURNS AND ASSISTANCE

23 For necessary expenses of the Internal Revenue Serv24 ice, not otherwise provided for; including processing tax

25 returns; revenue accounting; statistics of income; provid26 ing assistance to taxpayers; hire of passenger motor vehi-
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1 cles (31 U.S.C. 1343(b)); and services as authorized by

2 5 U.S.C. 3109, at such rates as may be determined by

3 the Commissioner; $1,696,853,000, of which $3,700,000

4 shall be for the Tax Counseling for the Elderly Program,

5 no amount of which shall be available for IRS administra6 tive costs Ω23æ;–and of which not to exceed $1,000,000

7 for research.

8 TAX LAW ENFORCEMENT

9 For necessary expenses of the Internal Revenue Serv10 ice for determining and establishing tax liabilities; tax and

11 enforcement litigation; technical rulings; examining em12 ployee plans and exempt organizations; investigation and

13 enforcement activities; securing unfiled tax returns; col14 lecting unpaid accounts; the purchase (for police-type use,

15 not to exceed 600, of which not to exceed 450 shall be

16 for replacement only), and hire of passenger motor vehi17 cles (31 U.S.C. 1343(b)); and services as authorized by

18 5 U.S.C. 3109, at such rates as may be determined by

19 the Commissioner: Provided, That additional amounts

20 above fiscal year 1993 levels for international tax enforce21 ment shall be used for the establishment and operation

22 of a task force comprised of senior Internal Revenue Serv23 ice Attorneys, accountants, and economists dedicated to

24 enforcement activities related to United States subsidi25 aries of foreign-controlled corporations that are in non-
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1 compliance with the Internal Revenue Code: Provided fur2 ther, That additional amounts above fiscal year 1993 levels

3 for the information reporting program shall be used in4 stead for the examination of the tax returns of high5 income and high-asset taxpayers; Ω24æ$4,007,962,000 of

6 which not to exceed $1,000,000 is for research

7 $4,043,281,000, of which not to exceed $1,000,000 shall re8 main available until expended for research; and of which

9 not less than $360,700,000 and 4,921 full-time equivalent

10 positions shall be available for tax fraud investigation ac11 tivities.

12 INFORMATION SYSTEMS

13 For necessary expenses for data processing and tele14 communications support for Internal Revenue Service ac15 tivities, including: returns processing and services; compli16 ance and enforcement; program support; and tax systems

17 modernization; and for the hire of passenger motor vehi18 cles (31 U.S.C. 1343(b)); and services as authorized by

19 5 U.S.C. 3109, at such rates as may be determined by

20 the Commissioner: Ω25æ$1,402,629,000 $1,487,722,000,

21 of which not less than $570,166,000 is for tax systems

22 modernization, and of which not to exceed $60,000,000

23 shall remain available until expended for other systems de24 velopment projects: Provided, That of the amounts pro25 vided for tax systems modernization not to exceed
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1 $125,000,000 shall remain available until expended

2 Ω26æ:–Provided further, That none of the funds appro3 priated for tax systems modernization may be obligated

4 until the Commissioner of the Internal Revenue Service

5 reports to the Committees on Appropriations of the House

6 and Senate on the implementation of Tax Systems Mod7 ernization.

8 ADMINISTRATIVE PROVISION—INTERNAL REVENUE

9 SERVICE

10 SECTION 1. Not to exceed 4 per centum of any appro11 priation made available to the Internal Revenue Service

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

13 to any other Internal Revenue Service appropriation upon

14 the approval of the House and Senate Committees on

15 Appropriations.

16 SEC. 2. The Internal Revenue Service shall institute

17 and maintain a training program to insure that Internal

18 Revenue Service employees are trained in taxpayers’

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

20 cross-cultural relations.

21 UNITED STATES SECRET SERVICE

22 SALARIES AND EXPENSES

23 For necessary expenses of the United States Secret

24 Service, including purchase (not to exceed three hundred

25 and forty-three vehicles for police-type use for replacement
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1 only) and hire of passenger motor vehicles; hire of aircraft;

2 training and assistance requested by State and local gov3 ernments, which may be provided without reimbursement;

4 services of expert witnesses at such rates as may be deter5 mined by the Director; rental of buildings in the District

6 of Columbia, and fencing, lighting, guard booths, and

7 other facilities on private or other property not in Govern8 ment ownership or control, as may be necessary to per9 form protective functions; for payment of per diem and/

10 or subsistence allowances to employees where a protective

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

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

13 or to remain overnight at his or her post of duty; the con14 ducting of and participating in firearms matches; presen15 tation of awards; and for travel of Secret Service employ16 ees on protective missions without regard to the limita17 tions on such expenditures in this or any other Act: Pro18 vided, That approval is obtained in advance from the

19 House and Senate Committees on Appropriations; for re20 pairs, alterations, and minor construction at the James

21 J. Rowley Secret Service Training Center; for research

22 and development; for making grants to conduct behavioral

23 research in support of protective research and operations;

24 not to exceed $12,500 for official reception and represen25 tation expenses; not to exceed $50,000 to provide technical
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1 assistance and equipment to foreign law enforcement orga2 nizations in counterfeit investigations; for payment in ad3 vance for commercial accommodations as may be nec4 essary to perform protective functions; and for uniforms

5 without regard to the general purchase price limitation for

6 the current fiscal year; Ω27æ$457,360,000 $461,931,000,

7 of which not to exceed $300,000 shall be made available

8 for the protection at the one non-governmental property

9 designated by the President of the United States and

10 $70,000 at the airport facility used for travel en route to

11 or from such property under provisions of section 12 of

12 the Presidential Protection Assistance Act of 1976 (18

13 U.S.C. 3056 note).

14 GENERAL PROVISIONS—DEPARTMENT OF THE

15 TREASURY

16 Ω28æSECTION 101. Of the funds appropriated by this

17 or any other Act to the Internal Revenue Service, amounts

18 attributable to efficiency savings for fiscal year 1994 shall

19 be identified as such by the Commissioner during that fis20 cal year: Provided, That in the fiscal year when the sav21 ings are realized, the amount of efficiency savings shall

22 be non-recurred from the Internal Revenue Service budget

23 base: Provided further, That on an annual basis, the Inter24 nal Revenue Service shall report to the House and Senate

25 Appropriations Committees on the status of the program.
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1 Ω29æSEC. 101. Any obligation or expenditure by the

2 Secretary in connection with law enforcement activities of

3 a Federal agency or of a Department of the Treasury law

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

5 9703(g)(4)(B) for unobligated balances remaining in the

6 Fund on September 30, 1994, shall be made only upon ad7 vance approval of the House and Senate Committees on Ap8 propriations.

9 SEC. 102. Appropriations to the Treasury Depart10 ment in this Act shall be available for uniforms or allow11 ances therefor, as authorized by law (5 U.S.C. 5901), in12 cluding maintenance, repairs, and cleaning; purchase of

13 insurance for official motor vehicles operated in foreign

14 countries; purchase of motor vehicles without regard to the

15 general purchase price limitation for vehicles purchased

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

17 contracts with the Department of State for the furnishing

18 of health and medical services to employees and their de19 pendents serving in foreign countries; and services author20 ized by 5 U.S.C. 3109.

21 SEC. 103. Not to exceed 2 per centum of any appro22 priations in this Act for the Department of the Treasury

23 may be transferred between such appropriations. Notwith24 standing any authority to transfer funds between appro25 priations contained in this or any other Act, no transfer
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1 may increase or decrease any appropriation in this Act by

2 more than 2 per centum and any such proposed transfers

3 shall be approved in advance by the Committees on Appro4 priations of the House and Senate.

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

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

7 underpayment of any tax imposed by the Internal Revenue

8 Code of 1954 unless the conduct of officers and employees

9 of the Internal Revenue Service in connection with such

10 collection complies with subsection (a) of section 805 (re11 lating to communications in connection with debt collec12 tion), and section 806 (relating to harassment or abuse),

13 of the Fair Debt Collection Practices Act (15 U.S.C.

14 1692).

15 Ω30æSEC. 105. The Bureau of Engraving and Print16 ing will maintain and utilize the currency production ca17 pacity of its Washington, DC facility at a level which at

18 a minimum equals its current 5 day, 3 shift per day out19 put of approximately 5.2 billion notes: Provided, That the

20 Federal Reserve System requirements exceed that level by

21 an amount which will enable the Bureau to also maintain

22 and utilize an operating expansion and emergency back23 up capacity at its Fort Worth, Texas facility. If production

24 requirements fall below that level the Bureau may, upon

25 advance notice to the House Appropriations Committee,
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1 reallocate production between the two facilities in a way

2 which best utilizes the capacity of each and preserves the

3 employment security of the Bureau workforce.

4 Ω31æSEC. 106. If necessary to retain employees with

5 specialized skills who are serving on temporary appoint6 ments, the Bureau of Engraving and Printing may extend

7 such appointments on an annual basis beyond four years.

8 Ω32æSEC. 107. In the event of staffing reductions

9 due to a reduction in work requirements, the area of con10 sideration for any reduction-in-force to be effected shall

11 include the Washington, DC facility and the Ft. Worth,

12 Texas facility. Lists of competing employees at each facil13 ity shall be combined together, and bumping, retreat and

14 reassignment rights of employees at the same competitive

15 level shall be governed by this combined list. In order to

16 insure uniformity in administration, the Bureau shall

17 adopt this policy by a formal issuance. This policy shall

18 prevail with regard to all represented bargaining units un19 less one or more unions specifically and in writing agree

20 to another policy or arrangement on behalf of the employ21 ees that any such organization(s) represents.

22 Ω33æSEC. 108. Notwithstanding any other provision

23 of law, the Secretary of the Treasury shall establish an office

24 of the undersecretary for enforcement within the Depart25 ment of the Treasury by no later than February 15, 1994.
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1 Ω34æSEC. 109. (a) Notwithstanding any other provi2 sion of law, hereafter, for purposes of complying with Exec3 utive Order No. 12839 and guidance issued thereunder, the

4 number of civilian personnel positions that the Department

5 of the Treasury may be required to eliminate in fiscal year

6 1994 and in fiscal year 1995 shall not exceed a number

7 determined for each year by multiplying a fiscal year 1993

8 base which excludes all exempt positions by the applicable

9 percentages in Executive Order No. 12839.

10 (b) For the purposes of this section, ‘‘exempt position’’

11 means a personnel position in the Department of the Treas12 ury which the Secretary of the Treasury determines to be

13 primarily employed in drug control, law enforcement, trade

14 facilitation, or services to the public.

15 Ω35æSEC. 110. The Internal Revenue Service shall in16 stitute policies and procedures which will safeguard the con17 fidentiality of taxpayer information. The Service shall re18 port to the Committees on Appropriations of the House and

19 Senate, the House Committee on Ways and Means, and the

20 Senate Committee on Finance, no later than December 31,

21 1993, the steps the Service has taken to minimize unauthor22 ized access to taxpayer data.

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

24 Appropriations Act, 1994’’.
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1 TITLE II—POSTAL SERVICE

2 PAYMENT TO THE POSTAL SERVICE FUND

3 For payment to the Postal Service Fund for revenue

4 forgone on free and reduced rate mail, pursuant to sub5 section (c) of section 2401 of title 39, United States Code;

6 $91,434,000: Provided, That mail for overseas voting and

7 mail for the blind shall continue to be free: Provided fur8 ther, That six-day delivery and rural delivery of mail shall

9 continue at not less than the 1983 level: Provided further,

10 That none of the funds made available to the Postal Serv11 ice by this Act shall be used to implement any rule, regula12 tion, or policy of charging any officer or employee of any

13 State or local child support enforcement agency, or any

14 individual participating in a State or local program of

15 child support enforcement, a fee for information requested

16 or provided concerning an address of a postal customer:

17 Provided further, That none of the funds provided in this

18 Act shall be used to consolidate or close small rural and

19 other small post offices in the fiscal year ending on Sep20 tember 30, 1994.

21 PAYMENT TO THE POSTAL SERVICE FUND FOR

22 NONFUNDED LIABILITIES

23 For payment to the Postal Service Fund for meeting

24 the liabilities of the former Post Office Department to the
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1 Employees’ Compensation Fund pursuant to 39 U.S.C.

2 2004, $38,803,000.

3 This title may be cited as the ‘‘Postal Service Appro4 priations Act, 1994’’.

5 TITLE III

6 EXECUTIVE OFFICE OF THE PRESIDENT AND

7 FUNDS APPROPRIATED TO THE PRESIDENT

8 COMPENSATION OF THE PRESIDENT

9 For compensation of the President, including an ex10 pense allowance at the rate of $50,000 per annum as au11 thorized by 3 U.S.C. 102; $250,000: Provided, That none

12 of the funds made available for official expenses shall be

13 expended for any other purpose and any unused amount

14 shall revert to the Treasury pursuant to section 1552 of

15 title 31 of the United States Code: Provided further, That

16 none of the funds made available for official expenses shall

17 be considered as taxable to the President.

18 THE WHITE HOUSE OFFICE

19 SALARIES AND EXPENSES

20 For necessary expenses for the White House as au21 thorized by law, including not to exceed $3,850,000 for

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

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

24 105, which shall be expended and accounted for as pro25 vided in that section; hire of passenger motor vehicles,
25

HR 2403 PP

1 newspapers, periodicals, teletype news service, and travel

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

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

4 for official entertainment expenses, to be available for allo5 cation within the Executive Office of the President;

6 Ω36æ$38,914,000 $38,754,000.

7 EXECUTIVE RESIDENCE AT THE WHITE HOUSE

8 OPERATING EXPENSES

9 For the care, maintenance, repair and alteration, re10 furnishing, improvement, heating and lighting, including

11 electric power and fixtures, of the Executive Residence at

12 the White House and official entertainment expenses of

13 the President; $7,925,000, to be expended and accounted

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

15 OFFICIAL RESIDENCE OF THE VICE PRESIDENT

16 OPERATING EXPENSES

17 For the care, operation, refurnishing, improvement,

18 heating and lighting, including electric power and fixtures,

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

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

21 official entertainment expenses of the Vice President, to

22 be accounted for solely on his certificate; $324,000: Pro23 vided, That advances or repayments or transfers from this

24 appropriation may be made to any department or agency

25 for expenses of carrying out such activities.
26

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1 SPECIAL ASSISTANCE TO THE PRESIDENT

2 SALARIES AND EXPENSES

3 For necessary expenses to enable the Vice President

4 to provide assistance to the President in connection with

5 specially assigned functions, services as authorized by 5

6 U.S.C. 3109 and 3 U.S.C. 106, including subsistence ex7 penses as authorized by 3 U.S.C. 106, which shall be ex8 pended and accounted for as provided in that section; and

9 hire of passenger motor vehicles; $3,270,000.

10 COUNCIL OF ECONOMIC ADVISERS

11 SALARIES AND EXPENSES

12 For necessary expenses of the Council in carrying out

13 its functions under the Employment Act of 1946 (15

14 U.S.C. 1021); $3,420,000.

15 OFFICE OF POLICY DEVELOPMENT

16 SALARIES AND EXPENSES

17 For necessary expenses of the Office of Policy Devel18 opment, including services as authorized by 5 U.S.C.

19 3109, and 3 U.S.C. 107; $5,122,000.

20 NATIONAL SECURITY COUNCIL

21 SALARIES AND EXPENSES

22 For necessary expenses of the National Security

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

24 3109; Ω37æ$6,648,000 $8,209,000.
27

HR 2403 PP

1 OFFICE OF ADMINISTRATION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Office of Administra4 tion; $24,850,000, including services as authorized by 5

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

6 motor vehicles.

7 OFFICE OF MANAGEMENT AND BUDGET

8 SALARIES AND EXPENSES

9 For necessary expenses of the Office of Management

10 and Budget, including hire of passenger motor vehicles,

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

12 Ω38æ$56,539,000 $53,481,000, of which not to exceed

13 $5,000,000, shall be available to carry out the provisions

14 of 44 U.S.C. chapter 35: Provided, That, as provided in

15 31 U.S.C. 1301(a), appropriations shall be applied only

16 to the objects for which appropriations were made except

17 as otherwise provided by law: Provided further, That none

18 of the funds appropriated in this Act for the Office of

19 Management and Budget may be used for the purpose of

20 reviewing any agricultural marketing orders or any activi21 ties or regulations under the provisions of the Agricultural

22 Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.):

23 Provided further, That none of the funds made available

24 for the Office of Management and Budget by this Act may

25 be expended for the altering of the transcript of actual
28

HR 2403 PP

1 testimony of witnesses, except for testimony of officials of

2 the Office of Management and Budget, before the Com3 mittee on Appropriations or the Committee on Veterans’

4 Affairs or their subcommittees: Provided further, That this

5 proviso shall not apply to printed hearings released by the

6 Committee on Appropriations or the Committee on Veter7 ans’ Affairs.

8 Ω39æOFFICE OF FEDERAL PROCUREMENT POLICY

9 SALARIES AND EXPENSES

10 For expenses of the Office of Federal Procurement Pol11 icy, including services as authorized by 5 U.S.C. 3109;

12 $3,058,000.

13 OFFICE OF NATIONAL DRUG CONTROL POLICY

14 SALARIES AND EXPENSES

15 For necessary expenses of the Office of National

16 Drug Control Policy; for research activities pursuant to

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

18 official reception and representation expenses; for partici19 pation in joint projects or in the provision of services on

20 matters of mutual interest with nonprofit, research, or

21 public organizations or agencies, with or without reim22 bursement; Ω40æ$5,800,000: Provided, That none of the

23 funds may be obligated or expended until the Director of

24 the Office of National Drug Control Policy submits to the

25 Committee on Appropriations of the House, a justification
29

HR 2403 PP

1 for planned expenditures $11,687,000, of which not less

2 than $900,000 and four full-time equivalent positions shall

3 be available for the Counter-Drug Technology Assessment

4 Center: Provided, That the Office of National Drug Control

5 Policy shall hire and maintain not less than 60 full-time

6 equivalent positions in fiscal year 1994: Provided further,

7 That the Office is authorized to accept, hold, administer,

8 and utilize gifts, both real and personal, for the purpose

9 of aiding or facilitating the work of the Office.

10 UNANTICIPATED NEEDS

11 For expenses necessary to enable the President to

12 meet unanticipated needs, in furtherance of the national

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

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

15 FEDERAL DRUG CONTROL PROGRAMS

16 HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

17 (INCLUDING TRANSFER OF FUNDS)

18 For necessary expenses of the Office of National

19 Drug Control Policy’s High Intensity Drug Trafficking

20 Areas Program, $86,000,000 for drug control

21 activitiesΩ41æ:–Provided, That the Office of National

22 Drug Control Policy is authorized to transfer not less than

23 $50,000,000 to the following High Intensity Drug Traf24 ficking Areas in the following amounts: New York,

25 $7,000,000, Miami, $7,000,000, Houston $7,000,000,

26 Los Angeles, $7,000,000, and the Southwest Border,
30

HR 2403 PP

1 $22,000,000: Provided further, That the Office of National

2 Drug Control Policy is authorized to transfer not less than

3 $36,000,000 to State and local drug control entities for

4 drug control activities which are consistent with the ap5 proved strategy for each of the High Intensity Drug Traf6 ficking Areas, of which no less than $43,000,000 shall be

7 transferred to State and local entities for drug control ac8 tivities; and of which up to $43,000,000 may be transferred

9 to Federal agencies and departments at a rate to be deter10 mined by the Director: Provided, That the funds made

11 available under this head shall be obligated within 90 days

12 of enactment of this Act.

13 SPECIAL FORFEITURE FUND

14 (INCLUDING TRANSFER OF FUNDS)

15 Ω42æFor activities authorized by Public Law 100–

16 690, $28,000,000, to be derived from deposits in the Spe17 cial Forfeiture Fund; of which $5,000,000, shall be trans18 ferred to the United States Customs Service; of which

19 $6,000,000 shall be transferred to the Internal Revenue

20 Service, Tax Law Enforcement for criminal investigations;

21 of which $4,000,000 shall be transferred to the Drug En22 forcement Agency for the enhancement of the El Paso In23 telligence Center; or which $5,000,000, shall be trans24 ferred to the Counter-Drug Technology Assessment Cen25 ter; and of which $1,000,000 shall be transferred to the

26 Bureau of Alcohol, Tobacco and Firearms, and
31

HR 2403 PP

1 $7,000,000 to be transferred to Federal agencies and de2 partments to support high priority drug control activities

3 consistent with the National Drug Control Strategy in

4 amounts to be determined by the Director.

5 For activities authorized by Public Law 100–690,

6 $75,000,000, of which $28,000,000 shall be derived from de7 posits in the Special Forfeiture Fund; of which $35,000,000

8 shall be transferred to the Substance Abuse and Mental

9 Health Services Administration, and of which $10,000,000

10 shall be available to the Center for Substance Abuse Preven11 tion for community partnership grants, and of which

12 $5,000,000 shall be available to the Center for Substance

13 Abuse Prevention for the residential women/children pro14 gram, and of which $10,000,000 shall be available for the

15 Substance Abuse Prevention and Treatment Block Grant to

16 the States, and of which $10,000,000 shall be available for

17 capacity expansion treatment programs; of which

18 $15,000,000, to remain available until expended, shall be

19 transferred to the Counter-Drug Technology Assessment

20 Center for counternarcotics research and development

21 projects and shall be available for transfer to other Federal

22 departments or agencies; of which $5,000,000 shall be trans23 ferred to the Bureau of Alcohol, Tobacco and Firearms for

24 gang resistance education and training programs; and of

25 which $20,000,000 shall be transferred to drug control agen-
32

HR 2403 PP

1 cies in amounts to be determined by the Director, upon the

2 advance approval of the House and Senate Committees on

3 Appropriations.

4 This title may be cited as the ‘‘Executive Office

5 Appropriations Act, 1994’’.

6 TITLE IV

7 INDEPENDENT AGENCIES

8 Ω43æADMINISTRATIVE CONFERENCE OF THE UNITED

9 STATES

10 SALARIES AND EXPENSES

11 For necessary expenses of the Administrative Con12 ference of the United States, established by the Administra13 tive Conference Act, as amended (5 U.S.C. 571 et seq.), in14 cluding not to exceed $1,000 for official reception and rep15 resentation expenses, $1,800,000.

16 SEC. 400. Notwithstanding any other provision of this

17 Act, each amount of budget authority for fiscal year 1994

18 provided in this Act for payments not required by law is

19 reduced by 1.478 percent. Such reductions shall be applied

20 ratably to each account, program, activity, and project pro21 vided for in this Act.

22 Notwithstanding any provision of this or any Act, sec23 tion 6962j of 42 U.S.C. is amended as follows, by striking

24 paragraphs (a) through (e) and inserting in lieu thereof:
33

HR 2403 PP

1 ‘‘(a) Notwithstanding any other provision of law, a

2 Federal agency in conducting a procurement for toner car3 tridges for use in laser printers, photocopiers, facsimile ma4 chines, or micrographic printers is authorized to give pref5 erence to recycled toner cartridges unless the contracting or

6 purchasing officer determines in writing that—

7 ‘‘(1) adequate market research establishes that re8 cycled cartridges for the type of equipment used by

9 the agency do not exist,

10 ‘‘(2) the price or life cycle cost offered for the re11 cycled cartridge is higher than the original equipment

12 manufacturer’s new cartridge, or

13 ‘‘(3) recycled cartridges are not available in

14 quantities needed within the timeframes required.

15 ‘‘(b) Nothing in this section shall prohibit the purchase

16 of one newly manaufactured cartridge (or a number equal

17 to those normally supplied at the time of initial purchase)

18 as a part of an initial printer or copier acquisition.’’.

19 Ω44æCITIZENS’ COMMISSION ON PUBLIC SERVICE AND

20 COMPENSATION

21 SALARIES AND EXPENSES

22 (RESCISSION)

23 Of the funds made available under this heading in

24 Public Law 102–393, $250,000 are rescinded.
34

HR 2403 PP

1 Ω45æADVISORY COMMISSION ON INTERGOVERNMENTAL

2 RELATIONS

3 SALARIES AND EXPENSES

4 For expenses necessary to carry out the provisions of

5 the Advisory Commission on Intergovernmental Relations

6 Act of 1959, as amended (42 U.S.C. 4271–79); $1,000,000,

7 and additional amounts collected from the sale of publica8 tions shall be credited to and used for the purposes of this

9 appropriation.

10 GENERAL SERVICES ADMINISTRATION

11 FEDERAL BUILDINGS FUND

12 LIMITATIONS ON AVAILABILITY OF REVENUE

13 Ω46æThe revenues and collections deposited into For

14 additional expenses necessary to carry out the purpose of

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

16 Federal Property and Administrative Services Act of

17 1949, as amended (40 U.S.C. 490(f)), Ω47æ$312,814,000,

18 to be deposited into said Fund. The revenues and collections

19 deposited into the Fund shall be available for necessary ex20 penses of real property management and related activities

21 not otherwise provided for, including operation, mainte22 nance, and protection of federally owned and leased build23 ings; rental of buildings in the District of Columbia; res24 toration of leased premises; moving governmental agencies

25 (including space adjustments and telecommunications re-
35

HR 2403 PP

1 location expenses) in connection with the assignment, allo2 cation and transfer of space; contractual services incident

3 to cleaning or servicing buildings, and moving; repair and

4 alteration of federally owned buildings including grounds,

5 approaches and appurtenances; care and safeguarding of

6 sites; maintenance, preservation, demolition, and equip7 ment; acquisition of buildings and sites by purchase, con8 demnation, or as otherwise authorized by law; acquisition

9 of options to purchase buildings and sites; conversion and

10 extension of federally owned buildings; preliminary plan11 ning and design of projects by contract or otherwise; con12 struction of new buildings (including equipment for such

13 buildings); and payment of principal, interest, taxes, and

14 any other obligations for public buildings acquired by in15 stallment purchase and purchase contract, in the aggre16 gate amount of Ω48æ$5,185,611,000, including

17 $295,294,000 of unobligated balances in the fund

18 $5,253,877,000, of which (1) not to exceed

19 Ω49æ$820,476,000 $933,787,000 shall remain available

20 until expended for construction of additional projects at

21 locations and at maximum construction improvement costs

22 (including funds for sites and expenses) as follows:

23 New Construction:

24 Ω50æAlabama:
36

HR 2403 PP

1 Montgomery, U.S. Courthouse Annex,

2 $5,091,000

3 Arkansas:

4 Little Rock, Old Law School Building Expan5 sion/Alteration, $13,816,040

6 California:

7 Sacramento, Federal Building and U.S. Court8 house, $143,082,450

9 San Jose, Federal Office Building, claim,

10 $1,828,680

11 Santa Ana, Federal Building and U.S. Court12 house, $148,176,000

13 District of Columbia:

14 U.S. Army Corps of Engineers Headquarters

15 Building, $50,000,000

16 Florida:

17 Jacksonville, U.S. Courthouse, site acquisition

18 and design, $6,070,120

19 Tampa, U.S. Courthouse, $66,696,840

20 Indiana:

21 Hammond, U.S. Courthouse, $49,980,000

22 Iowa:

23 Burlington, Federal Parking Facility, design

24 and construction, $2,400,000

25 Maryland:
37

HR 2403 PP

1 Beltsville, Department of Agriculture Federal

2 Building, $20,000,000

3 Bowie, Bureau of the Census, Computer Cen4 ter, $27,915,000

5 Montgomery and Prince George’s Counties,

6 Food and Drug Administration, consolidation, site

7 acquisition, planning and design, construction,

8 $73,921,000

9 Massachusetts:

10 Boston, Federal Building and U.S. Courthouse,

11 $18,620,000

12 Missouri:

13 Cape Girardeau, Federal Office Building and

14 U.S. Courthouse, $3,822,000

15 Kansas City, U.S. Courthouse, $9,800,000

16 St. Louis, U.S. Courthouse, $9,800,000

17 Nebraska:

18 Omaha, Federal Building and U.S. Courthouse,

19 $9,361,940

20 New Jersey:

21 Newark, Martin Luther King, Jr. Federal

22 Building and U.S. Courthouse, escalation,

23 $4,293,576

24 New York:

25 Brooklyn, U.S. Courthouse, $29,400,000
38

HR 2403 PP

1 North Carolina:

2 Federal Research Park, Environmental Protec3 tion Agency Facility, $8,800,000

4 North Dakota:

5 Pembina, Border Station, $96,000

6 Ohio:

7 Youngstown, Federal Building and U.S. Court8 house, site acquisition and design, $4,630,500

9 Oregon:

10 Portland, U.S. Courthouse, $85,015,980

11 Pennsylvania:

12 Scranton, Federal Building and U.S. Court13 house Annex, site acquisition and design,

14 $12,093,200

15 Texas:

16 Laredo, Federal Building and U.S. Courthouse,

17 $2,986,060

18 Vermont:

19 Highgate Springs, Border Station, $6,851,000

20 Washington:

21 Lynden, Federal Building, claim, $357,000

22 Nonprospectus construction projects, $5,525,300:

23 Alabama:

24 Montgomery, U.S. Courthouse Annex, $5,195,000

25 Arkansas:
39

HR 2403 PP

1 Little Rock, Old Law School Building, Expan2 sion/Alteration, $14,098,000

3 Arizona:

4 Phoenix, U.S. Courthouse, $180,000,000

5 Safford, Forest Service Administrative Offices

6 and Cultural Center, $6,000,000

7 Sierra Vista, U.S. Magistrates Office, $1,000,000

8 California:

9 Sacramento, U.S. Courthouse and Federal

10 Building, $162,225,000

11 San Jose, Federal Office building, claim,

12 $1,866,000

13 Santa Ana, Federal Building and U.S. Court14 house, $103,000,000

15 Florida:

16 Tampa, U.S. Courthouse, $68,058,000

17 Georgia:

18 Atlanta, Centers for Disease Control, Laboratory

19 and office building, $15,000,000

20 Augusta, U.S. Courthouse, $1,000,000

21 Maryland:

22 Bowie, Bureau of the Census, Computer Center,

23 $27,915,000
40

HR 2403 PP

1 Montgomery and Prince George’s Counties, Food

2 and Drug Administration, consolidation, site acquisi3 tion, planning, design, and construction, $73,921,000

4 Massachusetts:

5 Boston, Federal Building and U.S. Courthouse,

6 $19,000,000

7 Missouri:

8 Cape Girardeau, Federal Office Building and

9 U.S. Courthouse, $3,822,000

10 Kansas City, U.S. Courthouse, $20,000,000

11 St. Louis, U.S. Courthouse, $30,000,000

12 Nebraska:

13 Omaha, Federal Building and U.S. Courthouse,

14 $9,553,000

15 New Jersey:

16 Newark, Martin Luther King, Jr. Federal Build17 ing and U.S. Courthouse, escalation, $4,868,000

18 New York:

19 Brooklyn, U.S. Courthouse, $30,000,000

20 North Dakota:

21 Pembina, Border Station, $96,000

22 Oregon:

23 Portland, U.S. Courthouse, $96,390,000

24 Texas:
41

HR 2403 PP

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

2 $3,047,000

3 Vermont:

4 Highgate Springs, Border Station, $6,851,000

5 Washington:

6 Lynden, Federal Building, claim, $357,000

7 West Virginia:

8 Wheeling, Federal Building-U.S. Courthouse,

9 $45,000,000

10 Nonprospectus construction projects, $5,525,000

11 Ω51æProvided, That of the funds provided for

12 nonprospectus construction projects, funds shall remain

13 available until expended for the acquisition, lease, con14 struction, and equipping of three flexiplace work

15 telecommuting centers, one of which shall be in southern

16 Maryland, and one of which shall be in northwestern Vir17 ginia:–Provided further: Provided, That each of the imme18 diately foregoing limits of costs on new construction

19 projects may be exceeded to the extent that savings are

20 effected in other such projects, but by not to exceed 10

21 per centum: Provided further, That all funds for direct

22 construction projects shall expire on September 30, 1995,

23 and remain in the Federal Buildings Fund except funds

24 for projects as to which funds for design or other funds

25 have been obligated in whole or in part prior to such date:
42

HR 2403 PP

1 Provided further, That of the amount made available

2 under this heading for the Northern Virginia Naval

3 Systems Commands, in Public Law 101–509,

4 Ω52æ$107,781,000 $185,344,000, is hereby rescinded

5 Ω53æ: Provided further, That the amount made available

6 under the heading ‘‘New Construction’’ in Public Law 102–

7 393, for Hilo, Hawaii, shall be available for payment to

8 a public entity in the State of Hawaii for the construction

9 of facilities to house governmental agencies; the govern10 mental agencies to be housed shall be designated by the Ad11 ministrator of General Services and such agencies shall be

12 housed rent free, exclusive of operating expenses: Provided

13 further, That claims against the Government of less than

14 $100,000 arising from direct construction projects, acqui15 sitions of buildings and purchase contract projects pursu16 ant to Public Law 92–313, be liquidated with prior notifi17 cation to the Committees on Appropriations of the House

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

19 projects; (2) not to exceed Ω54æ$546,682,000

20 $516,782,000, which shall remain available until expended,

21 for repairs and alterations: Provided further, That funds

22 in the Federal Buildings Fund for Repairs and Alterations

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

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

25 by an amount not to exceed 10 per centum unless advance
43

HR 2403 PP

1 approval is obtained from the Committees on Appropria2 tions of the House and Senate of a greater amount:

3 Repairs and Alterations:

4 Alaska:

5 Juneau, U.S. Post Office and Courthouse, esca6 lation, $4,082,000

7 California:

8 Richmond, SSA Service Center, $3,742,000

9 San Diego, Federal Building and U.S. Court10 house, $11,023,000

11 District of Columbia:

12 Central and West Heating Plants, $11,141,000

13 Federal Office Building 6, $56,500,000

14 Georgia:

15 Atlanta, Martin Luther King Jr., Federal

16 Building, $10,063,000

17 Illinois:

18 Chicago, Federal Records Center, $3,379,000

19 Chicago, John C. Kluczynski Jr., Federal

20 Building, $13,414,000

21 Indiana:

22 Jeffersonville, Federal Center, $13,522,000

23 Maryland:

24 Baltimore, George H. Fallon Federal Building,

25 escalation, $4,645,000
44

HR 2403 PP

1 Woodlawn, SSA Operations Building,

2 $14,892,000

3 Massachusetts:

4 Boston, John F. Kennedy Federal Building

5 (phase 3), $19,200,000

6 New Jersey:

7 Newark, Federal Building, 20 Washington

8 Place, $14,000,000

9 New York:

10 New York, Federal Building, 201 Varick St.,

11 $8,886,000

12 New York, Jacob K. Javits Federal Building

13 (phase 2), $14,171,000

14 Nationwide:

15 Elevators, $27,022,000

16 Ω55æEnergy Retrofit Projects, $36,700,000

17 Facade Alterations, $10,000,000Ω56æ:

18 Provided, That of the funds appropriated for Energy Ret19 rofit Projects, $6,000,000, may be used to procure and

20 install phosphoric acid fuel cells in GSA installations.

21 Ω57æCapital Improvements of United States-Mexico,

22 border facilities, $6,800,000 as follows:

23 Arizona:

24 Lukeville, commercial lot expansion, $3,050,000

25 San Luis, commercial office space, $209,000
45

HR 2403 PP

1 San Luis, primary lane expansion and adminis2 trative office space, $3,541,000.

3 Minor Repairs and Alterations, $270,300,000: Pro4 vided, That additional projects for which prospectuses

5 have been fully approved may be funded under this cat6 egory only if advance approval is obtained from the Com7 mittees on Appropriations of the House and Senate: Pro8 vided further, That the difference between the funds ap9 propriated and expended on any projects in this or any

10 prior Act, under the heading ‘‘Repairs and Alterations’’,

11 may be transferred to Minor Repairs and Alterations or

12 used to fund authorized increases in prospectus projects:

13 Provided further, That all funds for repairs and alterations

14 prospectus projects shall expire on September 30, 1995,

15 and remain in the Federal Buildings Fund except funds

16 for projects as to which funds for design or other funds

17 have been obligated in whole or in part prior to such date:

18 Provided further, That the amount provided in this or any

19 prior Act for Minor Repairs and Alterations may be used

20 to pay claims against the Government arising from any

21 projects under the heading ‘‘Repairs and Alterations’’ or

22 used to fund authorized increases in prospectus projects;

23 (3) not to exceed Ω58æ$118,108,000 $119,108,000 for in24 stallment acquisition payments including payments on

25 purchase contracts; (4) not to exceed Ω59æ$2,124,373,000
46

HR 2403 PP

1 $2,117,421,000 for rental of space; (5) not to exceed

2 Ω60æ$1,231,085,000 $1,226,085,000 for real property op3 erations; (6) not to exceed $156,613,000 for program di4 rection and centralized services; and (7) not to exceed

5 Ω61æ$188,274,000 $184,081,000 for design and construc6 tion services which shall remain available until

7 expendedΩ62æ:–Provided further, That of the funds avail8 able to the General Services Administration for the Jack9 sonville, Florida, U.S. Courthouse; Burlington, Iowa, Fed10 eral Parking Facility; Beltsville, Maryland, Federal Build11 ing; Kansas City, Missouri, U.S. Courthouse; Federal Re12 search Park, North Carolina EPA Facility; Youngstown,

13 Ohio, Federal Building and U.S. Courthouse; and Scran14 ton, Pennsylvania, Federal Building and U.S. Courthouse,

15 shall not be available for expenses in connection with any

16 construction, repair, alteration, and acquisition project for

17 which a prospectus, if required by the Public Buildings

18 Act of 1959, as amended, has not been approved, except

19 that necessary funds may be expended for each project

20 for required expenses in connection with the development

21 of a proposed prospectusΩ63æ:–Provided further, That

22 with regard to the Federal Building in Beltsville, Mary23 land, upon repayment of the Federal Buildings Fund for

24 the cost of construction, title to said property shall be vest25 ed in the United States Department of Agriculture: Pro-
47

HR 2403 PP

1 vided further, That for the purposes of this authorization,

2 buildings constructed pursuant to the purchase contract

3 authority of the Public Buildings Amendments of 1972

4 (40 U.S.C. 602a), buildings occupied pursuant to install5 ment purchase contracts, and buildings under the control

6 of another department or agency where alterations of such

7 buildings are required in connection with the moving of

8 such other department or agency from buildings then, or

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

10 Administration shall be considered to be federally owned

11 buildings: Provided further, That none of the funds avail12 able to the General Services Administration, except for the

13 line-item construction and repairs and alterations projects

14 in this Act shall be available for expenses in connection

15 with any construction, repair, alteration, and acquisition

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

17 Buildings Act of 1959, as amended, has not been ap18 proved, except that necessary funds may be expended for

19 each project for required expenses in connection with the

20 development of a proposed prospectusΩ64æ: Provided fur21 ther, That no funds shall be made available for leases, line22 item construction, repairs, or alterations projects in this

23 Act that are subject to section 7(a) of the Public Buildings

24 Act of 1959 (40 U.S.C. 606(a)) prior to February 1, 1994,

25 unless the projects are approved by the Committee on Envi-
48

HR 2403 PP

1 ronment and Public Works of the Senate: Provided further,

2 That in no case shall funds be made available for any lease,

3 line-item construction, repair, or alterations project re4 ferred to in the preceding proviso if prior to February 1,

5 1994, the lease, line-item construction, repair, or alterations

6 project has been disapproved by either the Committee on

7 Environment and Public Works of the Senate: Provided fur8 ther, That the Administrator of General Services shall sub9 mit detailed information on each lease, line-item construc10 tion, repair, and alterations project in this Act that is sub11 ject to section 7(a) of the Public Buildings Act of 1959 (40

12 U.S.C. 606(a)) to the Committee on Environment and Pub13 lic Works of the Senate not later than 30 days after the

14 date of enactment of this Act: Provided further, That funds

15 available in the Federal Buildings Fund may be expended

16 for emergency repairs when advance approval is obtained

17 from the Committees on Appropriations of the House and

18 Senate: Provided further, That amounts necessary to pro19 vide reimbursable special services to other agencies under

20 section 210(f)(6) of the Federal Property and Administra21 tive Services Act of 1949, as amended (40 U.S.C.

22 490(f)(6)) and amounts to provide such reimbursable

23 fencing, lighting, guard booths, and other facilities on pri24 vate or other property not in Government ownership or

25 control as may be appropriate to enable the United States
49

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1 Secret Service to perform its protective functions pursuant

2 to 18 U.S.C. 3056, as amended, shall be available from

3 such revenues and collections: Provided further, That reve4 nues and collections and any other sums accruing to this

5 Fund during fiscal year 1994, excluding reimbursements

6 under section 210(f)(6) of the Federal Property and Ad7 ministrative Services Act of 1949 (40 U.S.C. 490(f)(6))

8 in excess of Ω65æ$5,185,611,000 $5,253,877,000 shall re9 main in the Fund and shall not be available for expendi10 ture except as authorized in appropriations Acts.

11 FEDERAL SUPPLY SERVICE

12 OPERATING EXPENSES

13 For expenses authorized by law, not otherwise pro14 vided for, necessary for property management activities,

15 utilization of excess and disposal of surplus personal prop16 erty, rehabilitation of personal property, transportation

17 management activities, transportation audits by in-house

18 personnel, procurement, and other related supply manage19 ment activities, including services as authorized by 5

20 U.S.C. 3109; Ω66æ$55,804,000 $43,420,000.

21 INFORMATION RESOURCES MANAGEMENT SERVICE

22 OPERATING EXPENSES

23 For expenses authorized by law, not otherwise pro24 vided for, necessary for carrying out Governmentwide and

25 internal responsibilities relating to automated data man-
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1 agement, telecommunications, information resources man2 agement, and related activities, including services as au3 thorized by 5 U.S.C. 3109; Ω67æ$45,675,000: Provided,

4 That none of the funds may be used to pay the operating

5 costs of the Information Security Oversight Office or any

6 successor organization $44,730,000.

7 FEDERAL PROPERTY RESOURCES SERVICE

8 OPERATING EXPENSES

9 For expenses, not otherwise provided for, necessary

10 for carrying out the functions of the Administrator with

11 respect to utilization of excess real property; the disposal

12 of surplus real property, the utilization survey, deed com13 pliance inspection, appraisal, environmental and cultural

14 analysis, and land use planning functions pertaining to ex15 cess and surplus real property, including services as au16 thorized by 5 U.S.C. 3109; $15,756,000.

17 GENERAL MANAGEMENT AND ADMINISTRATION

18 SALARIES AND EXPENSES

19 For necessary expenses, not otherwise provided, for

20 Policy Direction, Board of Contract Appeals, and account21 ing, records management, and other support services inci22 dent to adjudication of Indian Tribal Claims by the United

23 States Court of Claims, and services authorized by 5

24 U.S.C. 3109, $31,435,000: Provided, That this appropria25 tion shall be available for general administrative and staff
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1 support services, subject to reimbursement by the applica2 ble organization or agencies pursuant to subsections (a)

3 and (b) of section 1535 of title 31, United States Code:

4 Provided further, That not less than $825,000 shall be

5 available for personnel and associated costs in support of

6 Congressional District and Senate State offices without

7 reimbursement from these offices: Provided further, That

8 not to exceed $5,000 shall be available for official recep9 tion and representation expenses.

10 OFFICE OF INSPECTOR GENERAL

11 For necessary expenses of the Office of Inspector

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

13 $34,925,000: Provided, That not to exceed $10,000 shall

14 be available for payment for information and detection of

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

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

18 to employees of other Federal agencies and private citizens

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

21 ALLOWANCES AND OFFICE STAFF FOR FORMER

22 PRESIDENTS

23 For carrying out the provisions of the Act of August

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

25 Law 95–138; $2,833,000: Provided, That the Adminis-
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1 trator of General Services shall transfer to the Secretary

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

3 out the provisions of such Acts.

4 GENERAL PROVISIONS—GENERAL SERVICES

5 ADMINISTRATION

6 SECTION. 1. The appropriate appropriation or fund

7 available to the General Services Administration shall be

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

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

12 SEC. 2. Funds available to the General Services Ad13 ministration shall be available for the hire of passenger

14 motor vehicles.

15 SEC. 3. Not to exceed 2 per centum of funds made

16 available in appropriations for operating expenses and sal17 aries and expenses, during the current fiscal year, may

18 be transferred between such appropriations for mandatory

19 program requirements. Any proposed transfers shall be

20 approved in advance by the Committees on Appropriations

21 of the House and Senate.

22 SEC. 4. Funds in the Federal Buildings Fund made

23 available for fiscal year 1994 for Federal Buildings Fund

24 activities may be transferred between such activities only

25 to the extent necessary to meet program requirements.
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1 Any proposed transfers shall be approved in advance by

2 the Committees on Appropriations of the House and

3 Senate.

4 Ω68æSEC. 5. The Administrator of General Services

5 shall immediately cease construction and archaeological

6 excavation on the pavilion portion of the Foley Square

7 Federal Building until such time as a plan is submitted

8 to the House and Senate Committees on Appropriations

9 for prior approval. Such plan shall not result in the contin10 ued exhumation of skeletal remains from the ‘‘Negro Bur11 ial Ground’’ and shall be accompanied by a

12 reprogramming of sufficient funds but not more than

13 $3,000,000 to modify the pavilion foundation of the Foley

14 Square Federal Building in New York, New York, prevent

15 further deterioration of the ‘‘Negro Burial Ground’’, and

16 contain appropriate measures to memorialize the burial

17 site. The Administrator of General Services shall submit

18 the plan to the House and Senate Committees on Appro19 priations within 60 days of the enactment of this Act.

20 Nothing in this section shall prohibit the continued con21 struction on the tower portion of the Foley Square Federal

22 Building project.

23 Ω69æSEC. 5. For fiscal year 1993 and thereafter, at

24 no later than the end of the fifth fiscal year after the fiscal

25 year for which funds are appropriated or otherwise made
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1 available, unobligated balances of operating expenses and

2 salaries and expenses appropriations available to GSA dur3 ing such fiscal year may be transferred and merged into

4 the ‘‘Major equipment acquisitions and development activ5 ity’’ of the Salaries and Expenses, General Management

6 and Administration appropriation account for agency-wide

7 acquisition of capital equipment, automated data process8 ing systems, and for financial management and manage9 ment information systems needed to implement the Chief

10 Financial Officers Act, Public Law 101–576, and any other

11 laws or regulations. The unobligated balances transferred

12 shall remain available until expended: Provided, That any

13 proposed use of these transferred funds in fiscal year 1993

14 and thereafter shall only be made after advance approval

15 by the Committees on Appropriations of the House and

16 Senate.

17 SEC. 6. (a) The Act entitled ‘‘An Act to provide re18 tirement, clerical assistants, and free mailing privileges to

19 former Presidents of the United States, and for other pur20 poses’’, approved August 25, 1958 (3 U.S.C. 102 note),

21 is amended by adding at the end the following new section:

22 ‘‘SEC. 2. The entitlements of a former President

23 under subsections (b) and (c) of the first section shall be

24 available—
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1 ‘‘(1) in the case of an individual who is a

2 former President on the effective date of this sec3 tion, for 5 years, commencing on such effective date;

4 and

5 ‘‘(2) in the case of an individual who becomes

6 a former President after such effective date, for 4

7 years and 6 months, commencing at the expiration

8 of the period for which services and facilities are au9 thorized to be provided under section 4 of the Presi10 dential Transition Act of 1963 (3 U.S.C. 102

11 note).’’.

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

13 amended—

14 (1) by striking ‘‘A former President’’ and in15 serting ‘‘(a) Subject to subsection (b), a former

16 President’’; and

17 (2) by adding at the end the following new sub18 section:

19 ‘‘(b) Subsection (a) shall cease to apply—

20 ‘‘(1) 5 years after the effective date of this sub21 section, in the case of any individual who, on such

22 effective date—

23 ‘‘(A) is a former President (including any

24 individual who might become entitled to the
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1 mailing privilege under subsection (a) as the

2 surviving spouse of such a former President); or

3 ‘‘(B) is the surviving spouse of a former

4 President; and

5 ‘‘(2) 4 years and 6 months after the expiration

6 of the period for which services and facilities are au7 thorized to be provided under section 4 of the Presi8 dential Transition Act of 1963 (3 U.S.C. 102 note),

9 in the case of an individual who becomes a former

10 President after such effective date (including any

11 surviving spouse of such individual, as described in

12 the parenthetical matter in paragraph (1)(A)).’’.

13 (c) The amendments made by subsections (a) and (b)

14 shall take effect on October 1, 1993.

15 Ω70æSEC. 7. Section 204 of the Federal Property and

16 Administrative Services Act of 1949 is amended by adding

17 a subsection (i) to provide that the Administrator may re18 tain from the proceeds of sales of personal property con19 ducted by the General Services Administration amounts

20 necessary to recover, to the extent practicable, costs incurred

21 by the General Services Administration (or its agent) in

22 conducting such sales. The Administrator shall deposit

23 amounts retained into the General Supply Fund established

24 under section 109(a) of the Federal Property and Adminis25 trative Services Act of 1949 and may use such portion of
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1 amounts so deposited as is necessary to pay (1) direct costs

2 incurred by the General Services Administration in con3 ducting sales of personal property, and (2) indirect costs

4 incurred by the General Services Administration that are

5 reasonably related to those sales. Amounts retained that are

6 not needed to pay the direct and indirect costs incurred

7 shall periodically, but not less than annually, be transferred

8 from the General Supply Fund to the general fund or an9 other appropriate account in the Treasury.

10 Ω71æSEC. 8. Notwithstanding any other provision of

11 law, the Administrator of General Services is hereby au12 thorized to acquire a site suitable to the General Services

13 Administration of approximately 4 acres of land in the

14 City of Tucson, Arizona for a Federal courthouse; this is

15 to be accomplished through an exchange with the City of

16 Tucson for Federal real property in that city under the ju17 risdiction of the General Services Administration.

18 Ω72æSEC. 9. None of the funds appropriated by this

19 Act may be obligated or expended in any way for the pur20 pose of the sale, excessing, surplusing, or disposal of lands

21 in the vicinity of Norfork Lake, Arkansas, administered by

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

23 the specific approval of the Congress.

24 Ω73æSEC. 10. None of the funds appropriated by this

25 Act may be obligated or expended in any way for the pur-
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1 pose of the sale, excessing, surplusing, or disposal of lands

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

3 by the Corps of Engineers, Department of the Army, with4 out the specific approval of the Congress.

5 Ω74æSEC. 11. The General Services Administration is

6 directed, through a sole-source procurement process, to uti7 lize lease space in an office complex to be located on the

8 Victory Optical site, One Victory Plaza, in the City of New9 ark, County of Essex, State of New Jersey, for future long

10 term office space needs in the City of Newark and surround11 ing area of up to 400,000 square feet of space pursuant

12 to the availability of Federal tenants: Provided, That such

13 lease shall be authorized only if it meets the criteria of an

14 ‘‘operating lease’’ as defined under the Budget Enforcement

15 Act of 1990, Public Law 101–508. The lease rate for such

16 office space shall not exceed comparable rates for equivalent

17 space in the surrounding area or comparable rates in the

18 office complex.

19 OFFICE OF PERSONNEL MANAGEMENT

20 SALARIES AND EXPENSES

21 (INCLUDING TRANSFER OF TRUST FUNDS)

22 For necessary expenses to carry out functions of the

23 Office of Personnel Management pursuant to Reorganiza24 tion Plan Numbered 2 of 1978 and the Civil Service Re25 form Act of 1978, including services as authorized by 5

26 U.S.C. 3109, medical examinations performed for veterans
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1 by private physicians on a fee basis, rental of conference

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

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

4 reception and representation expenses, and advances for

5 reimbursements to applicable funds of the Office of Per6 sonnel Management and the Federal Bureau of Investiga7 tion for expenses incurred under Executive Order 10422

8 of January 9, 1953, as amended: Provided, That notwith9 standing 31 U.S.C. 3302, the Director is hereby author10 ized to accept gifts of goods and services, which shall be

11 available only for hosting National Civil Service Apprecia12 tion Conferences. Goods and services provided in connec13 tion with the conference may include, but are not limited

14 to, food and refreshments; rental of seminar rooms, ban15 quet rooms, and facilities; and use of communications,

16 printing and other equipment. Awards of minimal intrinsic

17 value will be allowed. Gifts provided by an individual donor

18 shall not exceed 50 percent of the total value of the gifts

19 provided at each location; $118,533,000, of which not to

20 exceed $1,000,000 shall be made available for the estab21 lishment of health promotion and disease prevention pro22 grams for Federal employees; and in addition $88,519,000

23 for administrative expenses, to be transferred from the ap24 propriate trust funds of the Office of Personnel Manage25 ment without regard to other statutes, including direct
60

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1 procurement of health benefits printing, for the retirement

2 and insurance programs, of which $5,981,000 shall be

3 transferred at such times as the Office of Personnel Man4 agement deems appropriate, and shall remain available

5 until expended for the costs of automating the retirement

6 recordkeeping systems, together with remaining amounts

7 authorized in previous Acts for the recordkeeping systems:

8 Provided further, That the provisions of this appropriation

9 shall not affect the authority to use applicable trust funds

10 as provided by section 8348(a)(1)(B) of title 5, United

11 States Code: Provided further, That, except as may be con12 sistent with regulations of the Office of Personnel Man13 agement prescribed pursuant to 5 U.S.C. 8902a(f)(1) and

14 (i), no payment may be made from the Employees Health

15 Benefits Fund to any physician, hospital, or other provider

16 of health care services or supplies who is, at the time such

17 services or supplies are provided to an individual covered

18 under chapter 89 of title 5, United States Code, excluded,

19 pursuant to section 1128 or 1128A of the Social Security

20 Act (42 U.S.C. 1320a–7–1320a–7a), from participation in

21 any program under title XVIII of the Social Security Act

22 (42 U.S.C. 1395 et seq.): Provided further, That no part

23 of 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
61

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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, 1994, 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 CommissionΩ75æ:–Provided further, That the Di12 rector of the Office of Personnel Management may trans13 fer from this appropriation an amount to be determined,

14 but not exceed $300,000 to the National Advisory Council

15 on the Public Service as established by Public Law 101–

16 363.

17 OFFICE OF INSPECTOR GENERAL

18 SALARIES AND EXPENSES

19 (INCLUDING TRANSFER OF TRUST FUNDS)

20 For necessary expenses of the Office of Inspector

21 General in carrying out the provisions of the Inspector

22 General Act, as amended, including services as authorized

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

24 $4,253,000, and in addition, not to exceed $6,514,000 for

25 administrative expenses to audit the Office of Personnel

26 Management’s retirement and insurance programs, to be
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1 transferred from the appropriate trust funds of the Office

2 of Personnel Management, as determined by the Inspector

3 General: Provided, That the Inspector General is author4 ized to rent conference rooms in the District of Columbia

5 and elsewhere.

6 GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES

7 HEALTH BENEFITS

8 For payment of Government contributions with re9 spect to retired employees, as authorized by chapter 89

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

11 Employees Health Benefits Act (74 Stat. 849), as amend12 ed, Ω76æ$4,146,480,000 $3,458,480,000, to remain avail13 able until expended.

14 GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE

15 LIFE INSURANCE

16 For payment of Government contributions with re17 spect to employees retiring after December 31, 1989, as

18 required by chapter 87 of title 5, United States Code,

19 $1,607,000 to remain available until expended.

20 PAYMENT TO CIVIL SERVICE RETIREMENT AND

21 DISABILITY FUND

22 For financing the unfunded liability of new and in23 creased annuity benefits becoming effective on or after Oc24 tober 20, 1969, as authorized by 5 U.S.C. 8348, and an25 nuities under special Acts to be credited to the Civil Serv-
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1 ice Retirement and Disability Fund, such sums as may

2 be necessary: Provided, That annuities authorized by the

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

4 19, 1950, as amended (33 U.S.C. 771–75), may hereafter

5 be paid out of the Civil Service Retirement and Disability

6 Fund.

7 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE

8 BLIND OR SEVERELY DISABLED

9 SALARIES AND EXPENSES

10 For necessary expenses of the Committee for Pur11 chase From People Who Are Blind or Severely Disabled

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

13 28; $1,689,000.

14 FEDERAL ELECTION COMMISSION

15 SALARIES AND EXPENSES

16 For necessary expenses to carry out the provisions

17 of the Federal Election Campaign Act of 1971, as amend18 ed; $23,564,000, of which not to exceed $5,000 shall be

19 available for reception and representation expenses.

20 FEDERAL LABOR RELATIONS AUTHORITY

21 SALARIES AND EXPENSES

22 For necessary expenses to carry out functions of the

23 Federal Labor Relations Authority, pursuant to Reorga24 nization Plan Numbered 2 of 1978, and the Civil Service

25 Reform Act of 1978, including services as authorized by
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1 5 U.S.C. 3109, including hire of experts and consultants,

2 hire of passenger motor vehicles, rental of conference

3 rooms in the District of Columbia and elsewhere;

4 $21,341,000: Provided, That public members of the Fed5 eral Service Impasses Panel may be paid travel expenses

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

7 (5 U.S.C. 5703) for persons employed intermittently in

8 the Government service, and compensation as authorized

9 by 5 U.S.C. 3109.

10 MERIT SYSTEMS PROTECTION BOARD

11 SALARIES AND EXPENSES

12 (INCLUDING TRANSFER OF FUNDS)

13 For necessary expenses to carry out functions of the

14 Merit Systems Protection Board pursuant to Reorganiza15 tion Plan Numbered 2 of 1978 and the Civil Service Re16 form Act of 1978, including services as authorized by 5

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

18 of Columbia and elsewhere, hire of passenger motor vehi19 cles, and direct procurement of survey printing,

20 $24,674,000, together with not to exceed $1,989,000 for

21 administrative expenses to adjudicate retirement appeals

22 to be transferred from the Civil Service Retirement and

23 Disability Fund in amounts determined by the Merit Sys24 tems Protection Board.
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1 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

2 OPERATING EXPENSES

3 For necessary expenses in connection with National

4 Archives and Records Administration and related activi5 ties, as provided by law, and for expenses necessary for

6 the review and declassification of documents, and for the

7 hire of passenger motor vehicles, Ω77æ$193,182,000

8 $196,482,000, of which Ω78æ$4,000,000 $6,000,000 for al9 locations and grants for historical publications and records

10 as authorized by 44 U.S.C. 2504, as amended, shall re11 main available until expended: Provided, That the Archi12 vist of the United States is authorized to use any excess

13 funds available from the amount borrowed for construc14 tion of the National Archives facility, for expenses nec15 essary to move into the facility.

16 OFFICE OF GOVERNMENT ETHICS

17 SALARIES AND EXPENSES

18 For necessary expenses to carry out functions of the

19 Office of Government Ethics pursuant to the Ethics in

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

21 598, and the Ethics Reform Act of 1989, Public Law 101–

22 194, including services as authorized by 5 U.S.C. 3109,

23 rental of conference rooms in the District of Columbia and

24 elsewhere, hire of passenger motor vehicles, and not to ex25 ceed $1,500 for official reception and representation ex-
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1 penses; $8,313,000: Provided, That notwithstanding 31

2 U.S.C. 3302, funds received from fees charged to non3 Federal participants to attend an International Con4 ference on Ethics shall be credited to and merged with

5 this account, to be available for carrying out the Con6 ference without further appropriation.

7 OFFICE OF SPECIAL COUNSEL

8 SALARIES AND EXPENSES

9 For necessary expenses to carry out functions of the

10 Office of Special Counsel pursuant to Reorganization Plan

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

12 1978 (Public Law 95–454), and the Whistleblower Protec13 tion Act of 1989 (Public Law 101–12), including services

14 as authorized by 5 U.S.C. 3109, payment of fees and ex15 penses for witnesses, rental of conference rooms in the

16 District of Columbia and elsewhere, and hire of passenger

17 motor vehicles; $7,992,000.

18 UNITED STATES TAX COURT

19 SALARIES AND EXPENSES

20 For necessary expenses, including contract reporting

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

22 Ω79æ$33,650,000 $35,350,000: Provided, That travel ex23 penses of the judges shall be paid upon the written certifi24 cate of the judge.
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1 This title may be cited as the ‘‘Independent Agencies

2 Appropriations Act, 1994’’.

3 TITLE V—GENERAL PROVISIONS

4 THIS ACT

5 SECTION 501. No part of any appropriation made

6 available in this Act shall be used for the purchase or sale

7 of real estate or for the purpose of establishing new offices

8 inside or outside the District of Columbia: Provided, That

9 this limitation shall not apply to programs which have

10 been approved by the Congress and appropriations made

11 therefor.

12 SEC. 502. No part of any appropriation contained in

13 this Act shall remain available for obligation beyond the

14 current fiscal year unless expressly so provided herein.

15 SEC. 503. The expenditure of any appropriation

16 under this Act for any consulting service through procure17 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

18 to those contracts where such expenditures are a matter

19 of public record and available for public inspection, except

20 where otherwise provided under existing law, or under ex21 isting Executive order issued pursuant to existing law.

22 SEC. 504. No part of any appropriation contained in

23 this Act shall be available for the procurement of, or for

24 the payment of, the salary of any person engaged in the

25 procurement of any hand or measuring tool(s) not pro-
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1 duced in the United States or its possessions except to

2 the extent that the Administrator of General Services or

3 his designee shall determine that a satisfactory quality and

4 sufficient quantity of hand or measuring tools produced

5 in the United States or its possessions cannot be procured

6 as and when needed from sources in the United States

7 and its possessions, or except in accordance with proce8 dures prescribed by section 6–104.4(b) of Armed Services

9 Procurement Regulation dated January 1, 1969, as such

10 regulation existed on June 15, 1970: Provided, That a fac11 tor of 75 per centum in lieu of 50 per centum shall be

12 used for evaluating foreign source end products against

13 a domestic source end product. This section shall be appli14 cable to all solicitations for bids opened after its enact15 ment.

16 SEC. 505. None of the funds made available to the

17 General Services Administration pursuant to section

18 210(f) of the Federal Property and Administrative Serv19 ices Act of 1949 shall be obligated or expended after the

20 date of enactment of this Act for the procurement by con21 tract of any service which, before such date, was per22 formed by individuals in their capacity as employees of

23 the General Services Administration in any position of

24 guards, elevator operators, messengers, and custodians, at

25 said date, would be terminated as a result of the procure-
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1 ment of such services, except that such funds may be obli2 gated or expended for the procurement by contract of the

3 covered services with sheltered workshops employing the

4 severely handicapped under Public Law 92–28.

5 Ω80æSEC. 506. None of the funds appropriated in

6 this Act may be used for administrative expenses to close

7 the Federal Information Center of the General Services

8 Administration located in Sacramento, California.

9 SEC. 507. None of the funds made available by this

10 Act for the Department of the Treasury may be used for

11 the purpose of eliminating any existing requirement for

12 sureties on customs bonds.

13 SEC. 508. None of the funds made available by this

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

15 salary of any Government employee where funding an ac16 tivity or paying a salary to a Government employee would

17 result in a decision, determination, rule, regulation, or pol18 icy that would prohibit the enforcement of section 307 of

19 the 1930 Tariff Act.

20 SEC. 509. None of the funds made available by this

21 Act shall be available for the purpose of transferring con22 trol over the Federal Law Enforcement Training Center

23 located at Glynco, Georgia, Tucson, Arizona, and Artesia,

24 New Mexico, out of the Treasury Department.
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1 SEC. 510. No part of any appropriation contained in

2 this Act shall be used for publicity or propaganda purposes

3 within the United States not heretofore authorized by the

4 Congress.

5 SEC. 511. No part of any appropriation contained in

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

7 of any officer or employee of the United States Postal

8 Service, who—

9 (1) prohibits or prevents, or attempts or threat10 ens to prohibit or prevent, any officer or employee

11 of the United States Postal Service from having any

12 direct oral or written communication or contact with

13 any Member or committee of Congress in connection

14 with any matter pertaining to the employment of

15 such officer or employee or pertaining to the United

16 States Postal Service in any way, irrespective of

17 whether such communication or contact is at the ini18 tiative of such officer or employee or in response to

19 the request or inquiry of such Member or committee;

20 or

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

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

23 performance of efficiency rating, denies promotion

24 to, relocates, reassigns, transfers, disciplines, or dis25 criminates in regard to any employment right, enti-
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1 tlement, or benefit, or any term or condition of em2 ployment of, any officer or employee of the United

3 States Postal Service, or attempts or threatens to

4 commit any of the foregoing actions with respect to

5 such officer or employee, by reason of any commu6 nication or contact of such officer or employee with

7 any Member or committee of Congress as described

8 in paragraph (1) of this subsection.

9 SEC. 512. Funds under this Act shall be available as

10 authorized by sections 4501–4506 of title 5, United States

11 Code, when the achievement involved is certified, or when

12 an award for such achievement is otherwise payable, in

13 accordance with such sections. Such funds may not be

14 used for any purpose with respect to which the preceding

15 sentence relates beyond fiscal year 1994.

16 SEC. 513. None of the funds appropriated or other17 wise made available to the Department of the Treasury

18 by this or any other Act shall be obligated or expended

19 to contract out positions in, or downgrade the position

20 classifications of, members of the United States Mint Po21 lice Force and the Bureau of Engraving and Printing Po22 lice Force, or for studying the feasibility of contracting

23 out such positions.

24 SEC. 514. The Office of Personnel Management may,

25 during the fiscal year ending September 30, 1994, accept
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1 donations of supplies, services, and equipment for the Fed2 eral Executive Institute, the Federal Quality Institute,

3 and Executive Seminar Centers for the enhancement of

4 the morale and educational experience of attendees.

5 SEC. 515. No part of any appropriation contained in

6 this Act shall be available for the procurement of, or for

7 the payment of, the salary of any person engaged in the

8 procurement of stainless steel flatware not produced in the

9 United States or its possessions, except to the extent that

10 the Administrator of General Services or his designee shall

11 determine that a satisfactory quality and sufficient quan12 tity of stainless steel flatware produced in the United

13 States or its possessions, cannot be procured as and when

14 needed from sources in the United States or its posses15 sions or except in accordance with procedures provided by

16 section 6–104.4(b) of Armed Services Procurement Regu17 lations, dated January 1, 1969. This section shall be appli18 cable to all solicitations for bids issued after its enactment.

19 SEC. 516. The United States Secret Service may,

20 during the fiscal year ending September 30, 1994, accept

21 donations of money to off-set costs incurred while protect22 ing former Presidents and spouses of former Presidents

23 when the former President or spouse travels for the pur24 pose of making an appearance or speech for a payment

25 of money or any thing of value.
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1 Ω81æSEC. 517. None of the funds made available by

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

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

4 States Customs Service port of entry.

5 Ω82æSEC. 517. Such sums as may be necessary for fis6 cal year 1994 pay raises for programs funded by this Act

7 shall be absorbed within the levels appropriated by this Act.

8 SEC. 518. None of the funds made available to the

9 Postal Service by this Act shall be used to transfer mail

10 processing capabilities from the Las Cruces, New Mexico

11 postal facility, and that every effort will be made by the

12 Postal Service to recognize the rapid rate of population

13 growth in Las Cruces and to automate the Las Cruces,

14 New Mexico postal facility in order that mail processing

15 can be expedited and handled in Las Cruces.

16 SEC. 519. None of the funds in this Act may be used

17 to reduce the rank or rate of pay of a career appointee

18 in the SES upon reassignment or transfer.

19 SEC. 520. No part of any appropriation contained in

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

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

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

25 has within ninety days after his release from such service
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1 or from hospitalization continuing after discharge for a

2 period of not more than one year made application for res3 toration to his former position and has been certified by

4 the Office of Personnel Management as still qualified to

5 perform the duties of his former position and has not been

6 restored thereto.

7 SEC. 521. None of the funds made available to the

8 United States Customs Service may be used to collect or

9 impose any land border processing fee at ports of entry

10 along the United States-Mexico border.

11 Ω83æSEC. 522. None of the funds made available by

12 this Act shall be used to plan, administer, or otherwise

13 carry out a move of the Internal Revenue Service’s Auto14 mated Collection Unit from the borough of Manhattan,

15 New York City, New York, without prior approval of the

16 House and Senate Appropriations Committees.

17 SEC. 523. (a) None of the funds appropriated by this

18 Act may, with respect to an individual employed by the

19 Bureau of the Public Debt in the Washington Metropoli20 tan Region on April 10, 1991, be used to separate, reduce

21 the grade or pay of, or carry out any other adverse person22 nel action against such individual for declining to accept

23 a directed reassignment to a position outside such region,

24 pursuant to a transfer of any such Bureau’s operations

25 or functions to Parkersburg, West Virginia.
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1 (b) Subsection (a) shall not apply with respect to any

2 individual who, on or after the date of enactment of this

3 Act, declines an offer of another position in the Depart4 ment of the Treasury which is of at least equal pay and

5 which is within the Washington Metropolitan Region.

6 Ω84æSEC. 524. In consideration of the Washington

7 Metropolitan Area Transit Authority (WMATA) modify8 ing its requirement for acquisition of General Services Ad9 ministration (GSA) property at the Suitland Federal Cen10 ter in Suitland, Maryland, GSA shall transfer to WMATA,

11 at no cost, approximately sixteen (16) acres of GSA prop12 erty to allow WMATA to construct its proposed Suitland

13 Metrorail Station and related surface facilities. GSA will

14 bear no additional costs, as a result of this transaction.

15 The property to be transferred is located at the northeast

16 quadrant of the intersection of Suitland Parkway at Silver

17 Hill Road and is the southeastern most portion of the

18 Suitland Federal Center Complex. It is bounded by Silver

19 Hill Road on the southeast, Suitland Parkway property

20 owned by the National Park Service on the southwest, the

21 existing stream valley between Suitland Parkway and the

22 historic Suitland House on the northwest and on the

23 northeast a line just south of and parallel to a line from

24 the Suitland House to the existing Federal Office Building

25 along Silver Hill Road at Randall Road.
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1 Ω85æSEC. 524. (a) The Secretary of the Treasury shall

2 implement the plan announced by the Bureau of the Public

3 Debt on March 19, 1991, to consolidate such Bureau’s oper4 ations in Parkersburg, West Virginia.

5 (b) The consolidation referred to in subsection (a) shall

6 be completed by December 31, 1995, in accordance with the

7 plan of the Bureau of the Public Debt.

8 Ω86æSEC. 525. (a) IN GENERAL.—Notwithstanding

9 any other provision of law, including any other law which

10 requires that property of the United States be used for

11 a particular purpose, the Administrator of General Serv12 ices shall convey the property described in subsection (c)

13 to the State of Maryland.

14 (b) TERMS.—A conveyance of property under this

15 section shall be—

16 (1) by quitclaim deed;

17 (2) without monetary consideration; and

18 (3) subject to such other terms and conditions

19 as the Administrator determines to be appropriate.

20 (c) PROPERTY DESCRIBED.—The property referred

21 to in subsection (a) known as the ‘‘Chesapeake Bay Study

22 Site’’ is property located in the State of Maryland, Queen

23 Annes County, which—

24 (1) is part of the same land which, by quitclaim

25 deed dated August 25, 1970, and recorded among
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1 the land records of Queen Annes County, Maryland,

2 at Liber 53, Folio 200, was granted and conveyed

3 by the State of Maryland, Maryland State Roads

4 Commission, to the United States of America; and

5 (2) contains 55 acres more or less according to

6 a survey prepared by McCrone, Inc., in July 1968

7 and amended on May 26, 1992.

8 Ω87æSEC. 526. None of the funds made available in

9 this Act may be used to provide any non-public informa10 tion such as mailing or telephone lists to any person or

11 any organization outside of the Federal Government with12 out the approval of the House and Senate Committees on

13 Appropriations.

14 Ω88æSEC. 527. The Administrator of the General

15 Services Administration, shall enter into an agreement to

16 transfer at no cost, to the City of Waltham, Massachu17 setts, title to a parcel of land located at 424 Trapelo Road

18 for the purpose of establishing the New England Center

19 for Environmental Education by a nonprofit institution

20 adjacent to the site: Provided, That the Administrator and

21 the city of Waltham, shall mutually agree to the amount

22 of land to be transferred to the city for this purpose.

23 Ω89æSEC. 528. COMPLIANCE WITH BUY AMERICAN

24 ACT.
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1 No funds appropriated pursuant to this Act may be

2 expended by an entity unless the entity agrees that in ex3 pending the assistance the entity will comply with sections

4 2 through 4 of the Act of March 3, 1993 (41 U.S.C. 10a–

5 10c, popularly known as the ‘‘Buy American Act’’).

6 Ω90æSEC. 529. SENSE OF CONGRESS; REQUIREMENT

7 REGARDING NOTICE.

8 (a) PURCHASE OF AMERICAN-MADE EQUIPMENT

9 AND PRODUCTS.—In the case of any equipment or prod10 ucts that may be authorized to be purchased with financial

11 assistance provided under this Act, it is the sense of the

12 Congress that entities receiving such assistance should, in

13 expending the assistance, purchase only American-made

14 equipment and products.

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

16 providing financial assistance under this Act, the Sec17 retary of the Treasury shall provide to each recipient of

18 the assistance a notice describing the statement made in

19 subsection (a) by the Congress.

20 Ω91æSEC. 530. PROHIBITION OF CONTRACTS.

21 If it has been finally determined by a court or Federal

22 agency that any person intentionally affixed a label bear23 ing a ‘‘Made in America’’ inscription, or any inscription

24 with the same meaning, to any product sold in or shipped

25 to the United States that is not made in the United
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1 States, such person shall be ineligible to receive any con2 tract or subcontract made with funds provided pursuant

3 to this Act, pursuant to the debarment, suspension, and

4 ineligibility procedures described in section 9.400 through

5 9.409 of title 48, Code of Federal Regulations.

6 Ω92æSEC. 531. (a) Notwithstanding any other provi7 sion of law, including any law which requires that property

8 of the United States be used for a particular purpose, the

9 Administrator of General Services shall transfer to the Sec10 retary of the Interior jurisdiction over the 1.9592 acres of

11 land, and any related structures, located at the southwest

12 corner of 12th and Indian School Road, N.W., Albuquerque,

13 New Mexico, and described as follows:

14 A tract of land being within the original Old Indian

School Boundary and situated within the east half (E1 15 ⁄2),

16 Section 7, T. sec. 10 N., R. 3E, New Mexico Principal Me17 ridian, Bernalillo County, New Mexico, being more particu18 larly described by metes and bounds as follows:

19 Beginning at the southwest corner of said tract being

20 a point intersecting the easterly right-of-way of 12th Street

21 and the southerly line of the original 1905 Indian School

22 property, being a brass cap marked ‘‘R/W 12th St. & Tr.

23 A, cor. 1’’, ‘‘KEENE 8489’’; Whence from said point of be24 ginning, the New Mexico State Highway Triangulation

25 Station I–40–15, having an established coordinate of
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1 Y=1,494,103.76 and X=378,204.72, central zone on the

2 New Mexico coordinate system, being a brass cap, bears S.

3 12°19′44′′E., and is a distance of 927.86 feet; Thence N.

4 08°26′59′′ E. 79.89 feet along the said easterly right-of-way

5 to a rebar/cap ‘‘KEENE 8489’’; Thence S. 68°50′15′′ E.,

6 a distance of 98.29 feet to a rebar; Thence N. 21°43′45′′

7 E., 133.44 feet to a rebar; Thence S. 64°46′15′′ E., 154.00

8 feet to a rebar; Thence N. 22°47′56′′ E., 12.94 feet to a

9 rebar; Thence S. 67°47′51′′ E., 79.53 feet to a rebar; Thence

10 S. 20°06′41′′ W., 40.33 feet to a rebar; Thence S. 67°16′45′′

11 E., 105.98 feet to a nail in concrete; Thence S. 22°19′15′′

12 W., 224.22 feet to a nail in pavement; Thence N. 74°56′54′′

13 W., 1.33 feet to an angle point being a brass cap marked

14 ‘‘Tr. A, cor. 13 & Tr. B, cor. 4’’, ‘‘KEENE 8489’’; Thence

15 N. 61°14′00′′ W., 125.73 feet to an angle point being a brass

16 cap marked ‘‘Tr. A, cor. 14 & Tr. 1, cor. 2/ Tr. B, cor.

17 3’’, ‘‘KEENE 8489’’; Thence N. 61°14′00′′ W., 294.33 feet

18 to the point and place of beginning. Said tract contains

19 an area of 1.9592 acres.

20 (b) Lands and related structures described in sub21 section (a) shall, on and after the transfer of jurisdiction

22 required under subsection (a), be held by the United States

23 in trust for the benefit and use of the Nineteen Indian Pueb24 lo Tribes of New Mexico comprising the All Indian Pueblo

25 Council as tenants in common.
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1 (c) The transfer of the property described in subsection

2 (a) shall be without monetary consideration.

3 (d) Lands and related structures held in trust for the

4 benefit and use of the Nineteen Indian Pueblo Tribes of New

5 Mexico under subsection (b) shall have the same tax-exempt

6 status as that of other lands and structures held in trust

7 by the United States for the benefit and use of an Indian

8 tribe, including exemption from taxes imposed by any

9 State, county, city or other local governmental entity, and

10 shall be exempt from any associated land use regulation im11 posed by any such governmental entity.

12 (e) Nothing in this section shall prohibit the use by

13 the Nineteen Indian Pueblo Tribes of New Mexico of the

14 land and related structures described in subsection (a) in

15 conjunction with their existing plans for the economic devel16 opment of the former Albuquerque Indian School property

17 conveyed as trust lands on January 15, 1993.

18 (f) As used in this section, the term ‘‘Nineteen Indian

19 Pueblo Tribes of New Mexico’’ means the following:

20 1. Pueblo of Acoma.

21 2. Pueblo of Isleta.

22 3. Pueblo of Laguna.

23 4. Pueblo of Picuris.

24 5. Pueblo of San Felipe.

25 6. Pueblo of San Ildefonso.
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1 7. Pueblo of San Juan.

2 8. Pueblo of Santo Domingo.

3 9. Pueblo of Tesuque.

4 10. Pueblo of Zuni.

5 11. Pueblo of Cochiti.

6 12. Pueblo of Jemez.

7 13. Pueblo of Nambe.

8 14. Pueblo of Pojoaque.

9 15. Pueblo of Sandia.

10 16. Pueblo of Santa Ana.

11 17. Pueblo of Santa Clara.

12 18. Pueblo of Taos.

13 19. Pueblo of Zia.

14 Ω93æSEC. 532. (a) IN GENERAL.—Notwithstanding

15 any other provision of law, including any other law which

16 requires that property of the United States be used for a

17 particular purpose, the real property described in sub18 section (c) shall be conveyed to the United States Park Serv19 ice, Department of the Interior, by the Administrator of

20 General Services at such time as the property is reported

21 to the General Services Administration for disposal as ex22 cess to the needs of the Air Force.

23 (b) TERMS.—A conveyance of property under this sec24 tion shall be without monetary consideration, and subject
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1 to such other terms and conditions as the Administrator

2 determines to be appropriate.

3 (c) PROPERTY DESCRIBED.—The real property re4 ferred to in subsection (a) is that part of the Holbrook

5 Radar Bomb Scoring Site, including housing units, situated in the W1⁄2 of the SE1 6 ⁄4 of Section 36, Township 18

7 North, Range 20 East, G&SRM, Navajo County, Arizona,

8 and more particularly described as:

9 Lots 1, 2, and 3 and Tract A of Cholla

10 Townhomes Subdivision, a subdivision recorded in

11 Book 14 of Plats at Page 19 in the official records of

12 Navajo County, Arizona; Except an undivided one13 half interest in all oil, gas, coal, and other hydro-car14 bon substances and minerals as reserved in instru15 ment recorded in Docket 68 at Page 171 in said offi16 cial records;

17 Containing 8.00 acres, more or less.

18 Together with Units 2A, 3A, 4B, 5B, 6A, 7A, 8B, 9B,

19 10A, 11A, and 12B of the Cholla Townhomes Condomin20 ium, a subdivision recorded in Book 14 of Plats at Page

21 20 in the official records of Navajo County, Arizona, and

22 any other buildings and improvements thereon and all

23 rights, hereditaments, easements, and appurtenances there24 unto belonging or in anywise appertaining.
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1 Subject, however, to existing easements for public roads

2 and highways, public utilities, railroads, and pipelines,

3 and subject to the following outstanding exceptions and

4 rights:

5 An undivided one-half interest in all oil, gas,

6 coal or other hydro-carbon substances and minerals

7 in, upon, or under said land, and the right to the use

8 of such portions of the surface of said land as may

9 be necessary for the proper exploration, mining or

10 otherwise extracting and removing said oil, gas, coal

11 or other hydro-carbon substances and minerals as re12 served in instrument recorded in Docket 68 at Page

13 171, official records of Navajo County, Arizona.

14 Easements as shown on the plat of Cholla

15 Townhomes subdivision recorded in Book 14 of Plats

16 at Page 19 in the official records of Navajo County,

17 Arizona.

18 Easements and right incident thereto for sewer

19 purposes as set forth in instrument recorded in Dock20 et 601 at Page 924 of the official records of Navajo

21 County, Arizona.

22 Easements created by and the effect of the Dec23 laration of Horizontal Property Regime recorded in

24 Docket 679 at Page 773 in the official records of Nav25 ajo County, Arizona, and Certificate of Correction re-
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1 corded in Docket 678 at Page 815 in said official

2 records.

3 Easement and rights incident thereto for electric

4 lines as set forth in instrument recorded in Docket

5 883 at Page 213 of the official records of Navajo

6 County, Arizona.

7 Liabilities and obligations imposed upon said

8 land by reason of its inclusion within the Navajo

9 County Flood Control District.

10 TITLE VI—GOVERNMENTWIDE GENERAL

11 PROVISIONS

12 DEPARTMENTS, AGENCIES, AND CORPORATIONS

13 SECTION 601. Funds appropriated in this or any

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

15 for the immediate family of employees serving abroad in

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

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

18 of the United States receiving appropriated funds under

19 this or any other Act for fiscal year 1994 shall obligate

20 or expend any such funds, unless such department, agen21 cy, or instrumentality has in place, and will continue to

22 administer in good faith, a written policy designed to en23 sure that all of its workplaces are free from the illegal

24 use, possession, or distribution of controlled substances

25 (as defined in the Controlled Substances Act) by the offi-
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1 cers and employees of such department, agency, or instru2 mentality.

3 SEC. 603. Notwithstanding the provisions of the Act

4 of September 13, 1982 (Public Law 97–258, 31 U.S.C.

5 1345), any agency, department or instrumentality of the

6 United States which provides or proposes to provide child

7 care services for Federal employees may reimburse any

8 Federal employee or any person employed to provide such

9 services for travel, transportation, and subsistence ex10 penses incurred for training classes, conferences or other

11 meetings in connection with the provision of such services:

12 Provided, That any per diem allowance made pursuant to

13 this section shall not exceed the rate specified in regula14 tions prescribed pursuant to section 5707 of title 5,

15 United States Code.

16 SEC. 604. Unless otherwise specifically provided, the

17 maximum amount allowable during the current fiscal year

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

19 (60 Stat. 810), for the purchase of any passenger motor

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

21 and undercover surveillance vehicles), is hereby fixed at

22 $7,100 except station wagons for which the maximum

23 shall be $8,100: Provided, That these limits may be ex24 ceeded by not to exceed $3,700 for police-type vehicles,

25 and by not to exceed $4,000 for special heavy-duty vehi-
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1 cles: Provided further, That the limits set forth in this sec2 tion may not be exceeded by more than five percent for

3 electric or hybrid vehicles purchased for demonstration

4 under the provisions of the Electric and Hybrid Vehicle

5 Research, Development, and Demonstration Act of 1976:

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

7 may be exceeded by the incremental cost of clean alter8 native fuels vehicles acquired pursuant to Public Law

9 101–549 over the cost of comparable conventionally fueled

10 vehicles.

11 SEC. 605. Appropriations of the executive depart12 ments and independent establishments for the current fis13 cal year available for expenses of travel or for the expenses

14 of the activity concerned, are hereby made available for

15 quarters allowances and cost-of-living allowances, in ac16 cordance with 5 U.S.C. 5992–24.

17 SEC. 606. Unless otherwise specified during the cur18 rent fiscal year no part of any appropriation contained in

19 this or any other Act shall be used to pay the compensa20 tion of any officer or employee of the Government of the

21 United States (including any agency the majority of the

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

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

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

25 States, (2) is a person in the service of the United States
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1 on the date of enactment of this Act who, being eligible

2 for citizenship, has filed a declaration of intention to be3 come a citizen of the United States prior to such date and

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

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

6 from Cuba, Poland, South Vietnam, or the Baltic coun7 tries lawfully admitted to the United States for permanent

8 residence, or (5) South Vietnamese, Cambodian, and Lao9 tian refugees paroled in the United States after January

10 1, 1975, or (6) nationals of the People’s Republic of China

11 protected by Executive Order Number 12711 of April 11,

12 1990: Provided, That for the purpose of this section, an

13 affidavit signed by any such person shall be considered

14 prima facie evidence that the requirements of this section

15 with respect to his or her status have been complied with:

16 Provided further, That any person making a false affidavit

17 shall be guilty of a felony, and, upon conviction, shall be

18 fined no more than $4,000 or imprisoned for not more

19 than one year, or both: Provided further, That the above

20 penal clause shall be in addition to, and not in substitution

21 for any other provisions of existing law: Provided further,

22 That any payment made to any officer or employee con23 trary to the provisions of this section shall be recoverable

24 in action by the Federal Government. This section shall

25 not apply to citizens of Ireland, Israel, the Republic of
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1 the Philippines or to nationals of those countries allied

2 with the United States in the current defense effort, or

3 to international broadcasters employed by the U.S. Infor4 mation Agency, or to temporary employment of trans5 lators, or to temporary employment in the field service

6 (not to exceed sixty days) as a result of emergencies.

7 SEC. 607. Appropriations available to any depart8 ment or agency during the current fiscal year for nec9 essary expenses, including maintenance or operating ex10 penses, shall also be available for payment to the General

11 Services Administration for charges for space and services

12 and those expenses of renovation and alteration of build13 ings and facilities which constitute public improvements

14 performed in accordance with the Public Buildings Act of

15 1959 (73 Stat. 749), the Public Buildings Amendments

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

17 SEC. 608. Funds made available by this or any other

18 Act for administrative expenses in the current fiscal year

19 of the corporations and agencies subject to chapter 91 of

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

21 to objects for which such funds are otherwise available,

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

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

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

25 expenditure of such funds unless otherwise specified in the
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1 Act by which they are made available: Provided, That in

2 the event any functions budgeted as administrative ex3 penses are subsequently transferred to or paid from other

4 funds, the limitations on administrative expenses shall be

5 correspondingly reduced.

6 SEC. 609. No part of any appropriation for the cur7 rent fiscal year contained in this or any other Act shall

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

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

10 voted not to approve the nomination of said person.

11 SEC. 610. Pursuant to section 1415 of the Act of

12 July 15, 1952 (66 Stat. 662), foreign credits (including

13 currencies) owed to or owned by the United States may

14 be used by Federal agencies for any purpose for which

15 appropriations are made for the current fiscal year (in16 cluding the carrying out of Acts requiring or authorizing

17 the use of such credits), only when reimbursement therefor

18 is made to the Treasury from applicable appropriations

19 of the agency concerned: Provided, That such credits re20 ceived as exchanged allowances or proceeds of sales of per21 sonal property may be used in whole or part payment for

22 acquisition of similar items, to the extent and in the

23 manner authorized by law, without reimbursement to the

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

2 this or any other Act shall be available for interagency

3 financing of boards, 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. 612. 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. 613. None of the funds made available pursuant

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

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

5 adopted in accordance with the applicable law of the

6 United States.

7 SEC. 614. No part of any appropriation contained in,

8 or funds made available by, this or any other Act, shall

9 be available for any agency to pay to the Administrator

10 of the General Services Administration a higher rate per

11 square foot for rental of space and services (established

12 pursuant to section 210(j) of the Federal Property and

13 Administrative Services Act of 1949, as amended) than

14 the rate per square foot established for the space and serv15 ices by the General Services Administration for the fiscal

16 year for which appropriations were granted.

17 SEC. 615. (a)(1) Notwithstanding any other provision

18 of law, no part of any of the funds appropriated for the

19 fiscal year ending on September 30, 1994, by this or any

20 other Act, may be used to pay any prevailing rate em21 ployee described in section 5342(a)(2)(A) of title 5, United

22 States CodeΩ94æ—

23 (A) during the period from the date of expira24 tion of the limitation imposed by section 616 of the

25 Treasury, Postal Service, and General Government
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1 Appropriations Act, 1993, until the first day of the

2 first applicable pay period that begins on or after

3 July 1, 1994, in an amount that exceeds the rate

4 payable for the applicable grade and step of the ap5 plicable wage schedule in accordance with such sec6 tion 616; and

7 (B) during the period consisting of the remain8 der of fiscal year 1994, in an amount that exceeds,

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

10 payable under paragraph (1) by more than the per11 centage adjustment taking effect in fiscal year 1994

12 under section 5304 of title 5, United States Code (if

13 any) with respect to General Schedule positions lo14 cated within the boundaries of the wage area (or

15 local wage area, as applicable) of such prevailing

16 rate employee.

17 (2) If the application of paragraph (1)(B) with re18 spect to a particular wage area (or local wage area) would

19 cause more than 1 percentage limitation being applicable

20 with respect to such area, rates for prevailing rate employ21 ees (as described in paragraph (1)) within such area shall

22 be subject to such limitation or limitations as shall apply

23 under regulations prescribed by the Office of Personnel

24 Management, in an amount that exceeds the rate payable

25 for the applicable grade and step of the applicable wage
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1 schedule in accordance with section 616 of the Treasury,

2 Postal Service, and General Government Appropriations

3 Act, 1993, on the last day of the limitation imposed by such

4 section 616, except as provided under paragraph (2).

5 (2)(A) If, during the fiscal year ending on September

6 30, 1994, employees under the General Schedule receive a

7 pay adjustment under section 5303 of title 5, United States

8 Code, or locality-based comparability payments under sec9 tion 5304 of such title 5, the Office of Personnel Manage10 ment shall, in accordance with the provisions of this para11 graph, provide for adjustments for wage schedules and rates

12 for employees described in section 5342(a)(2)(A) of such

13 title 5 that are equitable in timing and amount in relation

14 to the adjustment and payments under sections 5303 and

15 5304.

16 (B) In determining what adjustments would be equi17 table under this paragraph, the Office shall compare the re18 duction in the average pay disparity (as that term is de19 fined in section 5302(6) of title 5) resulting from the adjust20 ment and payments under sections 5303 and 5304 with the

21 disparity in each wage area between the rates payable

22 under section 616 of the Treasury, Postal Service, and Gen23 eral Government Appropriations Act, 1993, and the pre24 vailing wage rates in such wage area as determined under
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1 the provisions of subchapter IV of chapter 53 of title 5, as

2 in effect on the date of enactment of this Act.

3 (C) The Office shall discuss with and consider the

4 views of the Federal Prevailing Rate Advisory Committee

5 in carrying out the Office’s responsibilities under this para6 graph.

7 (D) Not later than January 1, 1994, the Office shall

8 submit a report to the Senate and House Committees on

9 Appropriations setting forth the Office’s plan for providing

10 adjustments under this paragraph. Such report shall in11 clude the views of the Federal Prevailing Rate Advisory

12 Committee, and the individual views of any member of such

13 Advisory Committee

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 that was not in existence on Sep-
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1 tember 30, 1993, shall be determined under regulations

2 prescribed by 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 1993, except to the extent determined by the Office of

7 Personnel Management to be consistent with the purpose

8 of this section.

9 (e) The provisions of this section shall apply with re10 spect to pay for services performed by any affected em11 ployee on or after October 1, 1993.

12 (f) For the purpose of administering any provision

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

14 Code, and any rule or regulation, that provides premium

15 pay, retirement, life insurance, or any other employee ben16 efit) that requires any deduction or contribution, or that

17 imposes any requirement or limitation, on the basis of a

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

19 payable after the application of this section shall be treat20 ed as the rate of salary or basic pay.

21 (g) Nothing in this section shall be considered to per22 mit or require the payment to any employee covered by

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

24 payable were this section not in effect.
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1 (h) The Office of Personnel Management may pre2 scribe any regulations which may be necessary to carry

3 out this section.

4 SEC. 616. 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. 617. (a) Notwithstanding the provisions of sec20 tions 112 and 113 of title 3, United States Code, each

21 Executive agency detailing any personnel shall submit a

22 report on an annual basis in each fiscal year to the Senate

23 and House Committees on Appropriations on all employ24 ees or members of the armed services detailed to Executive

25 agencies, listing the grade, position, and offices of each
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1 person detailed and the agency to which each such person

2 is detailed.

3 (b) The provisions of this section shall not apply to

4 Federal employees or members of the armed services de5 tailed to or from—

6 (1) the Central Intelligence Agency;

7 (2) the National Security Agency;

8 (3) the Defense Intelligence Agency;

9 (4) the offices within the Department of De10 fense for the collection of specialized national foreign

11 intelligence through reconnaissance programs;

12 (5) the Bureau of Intelligence and Research of

13 the Department of State;

14 (6) any agency, office, or unit of the Army,

15 Navy, Air Force, and Marine Corps, the Federal Bu16 reau of Investigation and the Drug Enforcement Ad17 ministration of the Department of Justice, the De18 partment of the Treasury, Ω95æthe Department of

19 Transportation, and the Department of Energy per20 forming intelligence functions; and

21 (7) the Director of Central Intelligence.

22 (c) The exemptions in part (b) of this section are not

23 intended to apply to information on the use of personnel

24 detailed to or from the intelligence agencies which is cur25 rently being supplied to the Senate and House Intelligence
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1 and Appropriations Committees by the executive branch

2 through budget justification materials and other reports.

3 (d) For the purposes of this section, the term ‘‘Exec4 utive agency’’ has the same meaning as defined under sec5 tion 105 of title 5, United States Code (except that the

6 provisions of section 104(2) of title 5, United States Code,

7 shall not apply) and includes the White House Office, the

8 Executive Residence, and any office, council, or organiza9 tional unit of the Executive Office of the President.

10 SEC. 618. No funds appropriated in this or any other

11 Act for fiscal year 1994 may be used to implement or en12 force the agreements in Standard Forms 312 and 4355

13 of the Government or any other nondisclosure policy, form

14 or agreement if such policy, form or agreement does not

15 contain the following provisions:

16 ‘‘These restrictions are consistent with and do not su17 persede conflict with or otherwise alter the employee obli18 gations, rights or liabilities created by Executive Order

19 12356; section 7211 of title 5, United States Code (gov20 erning disclosures to Congress); section 1034 of title 10,

21 United States Code, as amended by the Military Whistle22 blower Protection Act (governing disclosure to Congress

23 by members of the military); section 2302(b)(8) of title

24 5, United States Code, as amended by the Whistleblower

25 Protection Act (governing disclosures of illegality, waste,
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1 fraud, abuse or public health or safety threats); the Intel2 ligence Identities Protection Act of 1982 (50 U.S.C. 421

3 et seq.) (governing disclosures that could expose confiden4 tial Government agents), and the statutes which protect

5 against disclosure that may compromise the national secu6 rity, including sections 641, 793, 794, 798, and 952 of

7 title 18, United States Code, and section 4(b) of the Sub8 versive Activities Act of 1950 (50 U.S.C. section 783(b)).

9 The definitions, requirements, obligations, rights, sanc10 tions and liabilities created by said Executive Order and

11 listed statutes are incorporated into this Agreement and

12 are controlling.’’.

13 SEC. 619. Notwithstanding any other provision of

14 law, no executive branch agency shall purchase, construct,

15 and/or lease any additional facilities, except within or con16 tiguous to existing locations, to be used for the purpose

17 of conducting Federal law enforcement training without

18 the advance approval of the House and Senate Committees

19 on Appropriations.

20 Ω96æSEC. 620. (a) None of the funds appropriated

21 by this or any other Act may be expended by any Federal

22 agency to procure any product or service that is subject

23 to the provisions of Public Law 89–306 and that will be

24 available under the procurement by the Administrator of

25 General Services known as ‘‘FTS2000’’ unless—
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1 (1) such product or service is procured by the

2 Administrator of General Services as part of the

3 procurement known as ‘‘FTS2000’’; or

4 (2) that agency establishes to the satisfaction of

5 the Administrator of General Services that—

6 (A) the agency’s requirements for such

7 procurement are unique and cannot be satisfied

8 by property and service procured by the Admin9 istrator of General Services as part of the pro10 curement known as ‘‘FTS2000’’; and

11 (B) the agency procurement, pursuant to

12 such delegation, would be cost-effective and

13 would not adversely affect the cost-effectiveness

14 of the FTS2000 procurement.

15 (b) After July 31, 1994, subsection (a) shall apply

16 only if the Administrator of General Services has reported

17 that the FTS2000 procurement is producing prices that

18 allow the Government to satisfy its requirements for such

19 procurement in the most cost-effective manner.

20 Ω97æSEC. 620. Subsections (c) and (d) of section 3726

21 of title 31 U.S.C. are amended to read as follows:

22 ‘‘(c) Expenses of transportation audit postpayment

23 contracts and contract administration, and the expenses of

24 all other transportation audit and audit-related functions

25 conferred upon the Administrator of General Services, shall
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1 be financed from overpayments collected from carriers on

2 transportation bills paid by the Government and other

3 similar type refunds, not to exceed collections. Payment to

4 any contractor for audit services shall not exceed 50 percent

5 of the overpayment identified by contract audit.

6 ‘‘(d) At least annually, and as determined by the Ad7 ministrator, after making adequate provision for expense

8 of refunds to carriers, transportation audit postpayment

9 contracts, contract administration, and other expenses au10 thorized in subsection (c), overpayments collected by the

11 General Services Administration shall be transferred to

12 miscellaneous receipts of the Treasury. A report of receipts,

13 disbursements, and transfers (to miscellaneous receipts)

14 pursuant to this section shall be made annually in connec15 tion with the budget estimates to the Director of the Office

16 of Management and Budget and to the Congress.’’.

17 SEC. 621. (a) No amount of any grant made by a

18 Federal agency shall be used to finance the acquisition of

19 goods or services (including construction services) unless

20 the recipient of the grant agrees, as a condition for the

21 receipt of such grant, to—

22 (1) specify in any announcement of the award23 ing of the contract for the procurement of the goods

24 and services involved (including construction serv-
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1 ices) the amount of Federal funds that will be used

2 to finance the acquisition; and

3 (2) express the amount announced pursuant to

4 paragraph (1) as a percentage of the total costs of

5 the planned acquisition.

6 (b) The requirements of subsection (a) shall not apply

7 to a procurement for goods or services (including construc8 tion services) that has an aggregate value of less than

9 $500,000.

10 SEC. 622. Notwithstanding section 1346 of title 31,

11 United States Code, or section 611 of this Act, funds

12 made available for fiscal year 1994 by this or any other

13 Act shall be available for the interagency funding of na14 tional security and emergency preparedness telecommuni15 cations initiatives which benefit multiple Federal depart16 ments, agencies, or entities, as provided by Executive

17 Order Numbered 12472 (April 3, 1984).

18 SEC. 623. Notwithstanding any provisions of this or

19 any other Act, during the fiscal year ending September

20 30, 1994, any department, division, bureau, or office may

21 use funds appropriated by this or any other Act to install

22 telephone lines, necessary equipment, and to pay monthly

23 charges, in any private residence or private apartment of

24 an employee who has been authorized to work at home

25 in accordance with guidelines issued by the Office of Per-
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1 sonnel Management: Provided, That the head of the de2 partment, division, bureau, or office certifies that ade3 quate safeguards against private misuse exist, and that

4 the service is necessary for direct support of the agency’s

5 mission.

6 SEC. 624. (a) None of the funds appropriated by this

7 or any other Act may be obligated or expended by any

8 Federal department, agency, or other instrumentality for

9 the salaries or expenses of any employee appointed to a

10 position of a confidential or policy-determining character

11 excepted from the competitive service pursuant to section

12 3302 of title 5, United States Code, without a certification

13 to the Office of Personnel Management from the head of

14 the Federal department, agency, or other instrumentality

15 employing the Schedule C appointee that the Schedule C

16 position was not created solely or primarily in order to

17 detail the employee to the White House.

18 (b) The provisions of this section shall not apply to

19 Federal employees or members of the armed services de20 tailed to or from—

21 (1) the Central Intelligence Agency;

22 (2) the National Security Agency;

23 (3) the Defense Intelligence Agency;
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1 (4) the offices within the Department of De2 fense for the collection of specialized national foreign

3 intelligence through reconnaissance programs;

4 (5) the Bureau of Intelligence and Research of

5 the Department of State;

6 (6) any agency, office, or unit of the Army,

7 Navy, Air Force, and Marine Corps, the Federal Bu8 reau of Investigation and the Drug Enforcement Ad9 ministration of the Department of Justice, the De10 partment of the Treasury, and the Department of

11 Energy performing intelligence functions; and

12 (7) the Director of Central Intelligence.

13 SEC. 625. None of the funds appropriated by this or

14 any other Act may be used to relocate the Department

15 of Justice Immigration Judges from offices located in

16 Phoenix, Arizona to new quarters in Florence, Arizona

17 without the prior approval of the House and Senate Com18 mittees on Appropriations.

19 SEC. 626. None of the funds made available in this

20 Act for ‘‘Allowances and Office Staff for Former Presi21 dents’’ may be used for partisan political activities.

22 Ω98æSEC. 627. Section 635 of the Public Law 102–

23 393 is amended in paragraph (c)(2) by striking ‘‘1993’’ and

24 inserting ‘‘1994’’.
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1 Ω99æSEC. 628. Section 404 of the Federal Employees

2 Pay Comparability Act of 1990 is amended by striking

3 ‘‘Washington, DC–MD–VA Metropolitan Statistical Area’’

4 and inserting in its place, ‘‘Washington-Baltimore DC–

5 MD–VA–WV Consolidated Metropolitan Statistical Area’’.

6 Ω100æSEC. 629. Paragraphs (c), (d), and (e) of section

7 6962j of U.S.C. 42, are amended to read as follows:

8 ‘‘(c) For purposes of this section, ‘recycled cartridge’

9 means a laser printer, photocopier, facsimile machine, or

10 microphotographic toner cartridge which has been remanu11 factured in the United States.

12 ‘‘(d) Not less than 50 percent of cartridge procurement

13 requirements shall be achieved by a set-aside for small busi14 ness concerns, the remainder shall be acquired through the

15 use of unrestricted full and open competition. The provision

16 of this paragraph shall not affect current law with respect

17 to Federal Prison Industries, Inc. (UNICOR) or Organiza18 tions for the Blind or Other Severely Handicapped (NIB/

19 NISH).

20 ‘‘(e) For the purpose of this section ‘small business con21 cern’ has the meaning given such term in the Small Busi22 ness Act (U.S.C. 632(a)).’’.

23 Ω101æSEC. 630. No department, agency, or instrumen24 tality of the United States receiving appropriated funds

25 under this or any other Act for fiscal year 1994 shall obli-
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1 gate or expend any such funds, unless such department,

2 agency or instrumentality has in place by July 1, 1994,

3 and will continue to administer in good faith, a written

4 policy designed to ensure that all of its workplaces are free

5 from discrimination and sexual harassment and that all

6 of its workplaces are not in violation of title VII of the Civil

7 Rights Act of 1964, as amended, the Age Discrimination

8 in Employment Act of 1967, and the Rehabilitation Act of

9 1973.

10 Ω102æTITLE VII—REVENUE FORGONE REFORM

11 SHORT TITLE; TABLE OF CONTENTS

12 SEC. 701. (a) SHORT TITLE.—This title may be cited

13 as the ‘‘Revenue Forgone Reform Act’’.

14 (b) TABLE OF CONTENTS.—The table of contents for

15 this title is as follows:

Sec. 701. Short title; table of contents.

Sec. 702. References.

Sec. 703. Repeal of authorization of appropriations for mail sent at reduced rates

of postage.

Sec. 704. Establishing reduced rates of postage.

Sec. 705. Eligibility of certain mailings for reduced rates of postage.

Sec. 706. Provisions relating to rates for books and certain other materials.

Sec. 707. Sense of Congress.

Sec. 708. Technical corrections.

16 REFERENCES

17 SEC. 702. Except as otherwise expressly provided,

18 whenever in this title an amendment or repeal is expressed

19 in terms of an amendment to, or a repeal of, a section or

20 other provision, the reference shall be considered to be made
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1 to a section or other provision of title 39, United States

2 Code.

3 REPEAL OF AUTHORIZATION OF APPROPRIATIONS FOR

4 MAIL SENT AT REDUCED RATES OF POSTAGE

5 SEC. 703. (a) IN GENERAL.—Section 2401(c) is

6 amended—

7 (1) in the first sentence—

8 (A) by striking ‘‘if sections’’ through ‘‘had

9 not been enacted’’ and inserting ‘‘if sections

10 3217, 3403 through 3406, and 3629 had not been

11 enacted’’; and

12 (B) by striking ‘‘such sections and Acts.’’

13 and inserting ‘‘such sections.’’; and

14 (2) in the second sentence—

15 (A) by striking ‘‘(i)’’; and

16 (B) by striking ‘‘volume;’’ through ‘‘sched17 ules.’’ and inserting ‘‘volume.’’.

18 (b) APPLICABILITY.—The amendments made by sub19 section (a) shall apply with respect to appropriations for

20 fiscal years beginning after September 30, 1993.

21 ESTABLISHING REDUCED RATES OF POSTAGE

22 SEC. 704. (a) RATES.—

23 (1) IN GENERAL.—Section 3626(a) is amended

24 to read as follows:

25 ‘‘(a)(1) Except as otherwise provided in this section,

26 rates of postage for a class of mail or kind of mailer under
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1 former section 4358, 4452(b), 4452(c), 4454(b), or 4454(c)

2 of this title shall be established in accordance with the ap3 plicable provisions of this chapter.

4 ‘‘(2) For the purpose of this subsection—

5 ‘‘(A) the term ‘costs attributable’, as used with

6 respect to a class of mail or kind of mailer, means the

7 direct and indirect postal costs attributable to such

8 class of mail or kind of mailer (excluding any other

9 costs of the Postal Service): Provided, That with re10 spect to mail under former section 4452(b) and

11 4452(c) of this title, such attributable costs shall be

12 allocated between letter-shaped mail and non-letter13 shaped mail, as such types of mail are defined in the

14 associated classification and rate schedules, in a man15 ner that will at a minimum preserve the difference

16 between the basic rate for non-letter-shaped mail and

17 the basic price rate for letter-shaped mail established

18 under title II of Public Law No. 102–141, the Postal

19 Service Appropriations Act, 1992;

20 ‘‘(B) the term ‘regular-rate category’ means any

21 class of mail or kind of mailer, other than a class or

22 kind referred to in paragraph (2)(A) or section

23 2401(c); and

24 ‘‘(C) the term ‘institutional-costs contribution’,

25 as used with respect to a class of mail or kind of
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1 mailer, means that portion of the estimated revenues

2 to the Postal Service from such class of mail or kind

3 of mailer which remains after subtracting an amount

4 equal to the estimated costs attributable to such class

5 of mail or kind of mailer.

6 ‘‘(3)(A) Except as provided in paragraph (4) or (5),

7 rates of postage for a class of mail or kind of mailer under

8 former section 4358, 4452(b), 4452(c), 4554(b), or 4554(c)

9 of this title shall be established in a manner such that the

10 estimated revenues to be received by the Postal Service from

11 such class of mail or kind of mailer shall be equal to the

12 sum of—

13 ‘‘(i) the estimated costs attributable to such class

14 of mail or kind of mailer; and

15 ‘‘(ii) the product derived by multiplying the esti16 mated costs referred to in clause (i) by the applicable

17 percentage under subparagraph (B).

18 ‘‘(B) The applicable percentage for any class of mail

19 or kind of mailer referred to in subparagraph (A) shall be

20 the product derived by multiplying—

21 ‘‘(i) the percentage which, for the most closely

22 corresponding regular-rate category, the institutional23 costs contribution for such category represents relative

24 to the estimated costs attributable to such category of

25 mail, times
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1 ‘‘(ii)(I) one-twelfth, for fiscal year 1994;

2 ‘‘(II) one-sixth, for fiscal year 1995;

3 ‘‘(III) one-fourth, for fiscal year 1996;

4 ‘‘(IV) one-third, for fiscal year 1997;

5 ‘‘(V) five-twelfths, for fiscal year 1998; and

6 ‘‘(VI) one-half, for any fiscal year after fiscal

7 year 1998.

8 ‘‘(C) Temporary special authority to permit the timely

9 implementation of the preceding provisions of this para10 graph is provided under section 3642.

11 ‘‘(D) For purposes of establishing rates of postage

12 under this subchapter for any of the classes of mail or kinds

13 of mailers referred to in subparagraph (A), subclauses (I)

14 through (V) of subparagraph (B)(ii) shall be deemed

15 amended by striking the fraction specified in each such

16 subclause and inserting ‘one-half’.

17 ‘‘(4) The rates for the advertising portion of any mail

18 matter under former section 4358(d) or 4358(e) of this title

19 shall be equal to the rates for the advertising portion of the

20 most closely corresponding regular-rate category of mail, ex21 cept that if the advertising portion does not exceed 10 per22 cent of the issue of the publication involved, the advertising

23 portion shall be subject to the same rates as apply to the

24 nonadvertising portion.
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1 ‘‘(5) The rates for any advertising under former sec2 tion 4358(f) of this title shall be equal to 75 percent of the

3 rates for advertising contained in the most closely cor4 responding regular-rate category of mail.’’.

5 (2) SPECIAL AUTHORITY.—Subchapter III of

6 chapter 36 is amended by adding at the end the fol7 lowing:

8 ‘‘§ 3642. Special authority relating to reduced-rate

9 categories of mail

10 ‘‘(a) In order to permit the timely implementation of

11 section 3626(a)(2), the Postal Service may establish tem12 porary rates of postage for any class of mail or kind of

13 mailer referred to in section 3626(a)(3)(A).

14 ‘‘(b) Any exercise of authority under this section shall

15 be in conformance with the requirements of section 3626(a),

16 subject to the following:

17 ‘‘(1) All attributable costs and institutional-costs

18 contributions assumed shall be the same as those

19 which were assumed for purposes of the then most re20 cent proceedings under subchapter II pursuant to

21 which rates of postage for the class of mail or kind

22 of mailer involved were last adjusted.

23 ‘‘(2) Any temporary rate established under this

24 section shall take effect upon such date as the Postal

25 Service may determine, except that—
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1 ‘‘(A) such a rate may take effect only after

2 10 days’ notice in the Federal Register; and

3 ‘‘(B) no such rate may take effect after Sep4 tember 30, 1998.

5 ‘‘(3) A temporary rate under this section may

6 remain in effect no longer than the last day of the fis7 cal year in which it first takes effect.

8 ‘‘(4) Authority under this section may not be ex9 ercised in a manner that would result in more than

10 1 change taking effect under this section, during the

11 same fiscal year, in the rates of postage for a particu12 lar class of mail or kind of mailer, except as provided

13 in paragraph (5).

14 ‘‘(5) Nothing in paragraph (4) shall prevent an

15 adjustment under this section in rates for a class of

16 mail or kind of mailer with respect to which any

17 rates took effect under this section earlier in the same

18 fiscal year if—

19 ‘‘(A) the rates established for such class of

20 mail or kind of mailer by the earlier adjustment

21 are superseded by new rates established under

22 subchapter II; and

23 ‘‘(B) authority under this paragraph has

24 not previously been exercised with respect to such
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1 class of mail or kind of mailer based on the new

2 rates referred to in subparagraph (A).

3 ‘‘(c) The Postal Service may prescribe any regulations

4 which may be necessary to carry out this section, including

5 provisions governing the coordination of adjustments under

6 this section with any other adjustments under this title.’’.

7 (3) TECHNICAL AND CONFORMING AMEND8 MENTS.—

9 (A) SECTION 3626.—Section 3626(i) is re10 pealed.

11 (B) SECTION 3627.—Section 3627 is amend12 ed by striking ‘‘sent at a free or reduced rate

13 under section 3217, 3403 through 3406, 3626, or

14 3629 of this title,’’ and inserting ‘‘sent free of

15 postage under section 3217 or 3403 through 3406

16 or at a reduced rate under section 3629’’.

17 (C) TABLE OF CONTENTS.—The table of

18 contents for chapter 36 is amended by inserting

19 after the item relating to section 3641 the follow20 ing:

‘‘3642. Special authority relating to reduced-rate categories of mail.’’.

21 (b) AUTHORIZATION.—

22 (1) IN GENERAL.—Section 2401 is amended—

23 (A) by striking subsections (d) through (f);

24 (B) by redesignating subsections (g) through

25 (i) as subsections (e) through (g), respectively;
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1 (C) in subsection (f) (as so redesignated by

2 subparagraph (B)) by striking the second sen3 tence;

4 (D) in subsection (g) (as so redesignated by

5 subparagraph (B)) by striking ‘‘subsections (b)

6 and (d) of this section’’ and inserting ‘‘sub7 section (b)’’; and

8 (E) by inserting after subsection (c) the fol9 lowing:

10 ‘‘(d) As reimbursement to the Postal Service for losses

11 which it incurred as a result of insufficient amounts appro12 priated under section 2401(c) for fiscal years 1991 through

13 1993, and to compensate for the additional revenues it is

14 estimated the Postal Service would have received under the

15 provisions of section 3626(a), for the period beginning on

16 October 1, 1993, and ending on September 30, 1998,

17 if the fraction specified in subclause (VI) of section

18 3626(a)(3)(B)(ii) were applied with respect to such period

19 (instead of the respective fractions specified in subclauses

20 (I) through (V) thereof), there are authorized to be appro21 priated to the Postal Service $29,000,000 for each of fiscal

22 years 1994 through 2035.’’.

23 (2) RATEMAKING LIMITATIONS.—

24 (A) IN GENERAL.—Except as provided in

25 subparagraph (B), rates of postage may not be
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1 established, under subchapter II of chapter 36 of

2 title 39, United States Code, in a manner de3 signed to allow the United States Postal Service

4 to receive through revenues any portion of the

5 additional revenues (referred to in section

6 2401(d) of such title, as amended by paragraph

7 (1)(E)) for which amounts are authorized to be

8 appropriated under such section 2401(d).

9 (B) EXCEPTION.—If Congress fails to ap10 propriate an amount authorized under section

11 2401(d) of title 39, United States Code (as

12 amended by paragraph (1)(E)), rates for the var13 ious classes of mail may be adjusted in accord14 ance with the provisions of subchapter II of

15 chapter 36 of such title (excluding section 3627

16 thereof) such that the resulting increase in reve17 nues will equal the amount that Congress so

18 failed to appropriate.

19 (c) APPLICABILITY.—

20 (1) RATES.—The amendments made by sub21 section (a) shall apply with respect to rates for mail

22 sent after September 30, 1993.

23 (2) AUTHORIZATION.—The amendments made by

24 subsection (b) shall apply with respect to appropria-
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1 tions for fiscal years beginning after September 30,

2 1993.

3 ELIGIBILITY OF CERTAIN MAILINGS FOR REDUCED RATES

4 OF POSTAGE

5 SEC. 705. (a) ADVERTISING.—Section 3626(j)(1) is

6 amended—

7 (1) in subparagraph (B) by striking ‘‘or’’ after

8 the semicolon;

9 (2) in subparagraph (C) by striking the period

10 and inserting ‘‘; or’’; and

11 (3) by adding at the end the following:

12 ‘‘(D) any product or service (other than any to

13 which subparagraph (A), (B), or (C) relates), if—

14 ‘‘(i) the sale of such product or the provid15 ing of such service is not substantially related

16 (aside from the need, on the part of the organiza17 tion promoting such product or service, for in18 come or funds or the use it makes of the profits

19 derived) to the exercise or performance by the or20 ganization of one or more of the purposes con21 stituting the basis for the organization’s author22 ization to mail at such rates; or

23 ‘‘(ii) the mail matter involved is part of a

24 cooperative mailing (as defined under regula25 tions of the Postal Service) with any person or

26 organization not authorized to mail at the rates
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1 for mail under former section 4452(b) or 4452(c)

2 of this title;

3 except that—

4 ‘‘(I) any determination under clause (i)

5 that a product or service is not substantially re6 lated to a particular purpose shall be made

7 under regulations which shall be prescribed by

8 the Postal Service and which shall be consistent

9 with standards established by the Internal Reve10 nue Service and the courts under subsections (a)

11 and (c) of section 513 of the Internal Revenue

12 Code of 1986; and

13 ‘‘(II) clause (i) shall not apply if the prod14 uct involved is a periodical publication described

15 in subsection (m)(2) (including a subscription to

16 receive any such publication).’’.

17 (b) PRODUCTS.—Section 3626 is amended by adding

18 at the end the following:

19 ‘‘(m)(1) In the administration of this section, the rates

20 for mail under former section 4452(b) or 4452(c) of this

21 title shall not apply to mail consisting of products, unless

22 such products—

23 ‘‘(A) were received by the organization as gifts or

24 contributions; or
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1 ‘‘(B) are low cost articles (as defined by section

2 513(h)(2) of the Internal Revenue Code of 1986).

3 ‘‘(2) Paragraph (1) shall not apply with respect to a

4 periodical publication of a qualified nonprofit organiza5 tion.’’.

6 (c) CERTIFICATION; VERIFICATION.—Section

7 3626(j)(3) is amended—

8 (1) by striking ‘‘(3)’’ and inserting ‘‘(3)(A)’’;

9 and

10 (2) by adding at the end the following:

11 ‘‘(B) The Postal Service shall establish procedures to

12 carry out this paragraph, including procedures for mailer

13 certification of compliance with the conditions specified in

14 paragraph (1)(D) or subsection (m), as applicable, and ver15 ification of such compliance.’’.

16 (d) APPLICABILITY.—The amendments made by this

17 section shall apply with respect to mail sent, and the rates

18 for mail sent, after September 30, 1993.

19 PROVISIONS RELATING TO RATES FOR BOOKS AND CERTAIN

20 OTHER MATERIALS

21 SEC. 706. (a) IN GENERAL.—Section 3683(b) is

22 amended to read as follows:

23 ‘‘(b) The rates of postage under former section

24 4554(b)(1) of this title shall not be effective except with re25 spect to mailings which—
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1 ‘‘(1) constitute materials specified in former sec2 tion 4554(b)(2) of this title; and

3 ‘‘(2) are sent between—

4 ‘‘(A) an institution, organization, or asso5 ciation listed in subparagraph (A) or (B) of such

6 former section 4554(b)(1) and any other such in7 stitution, organization, or association;

8 ‘‘(B) an institution, organization, or asso9 ciation referred to in subparagraph (A) and any

10 individual (other than an individual having a

11 financial interest in the sale, promotion, or dis12 tribution of the materials involved); or

13 ‘‘(C) an institution, organization, or asso14 ciation referred to in subparagraph (A) and a

15 qualified nonprofit organization (as defined in

16 former section 4452(d) of this title) that is not

17 such an institution, organization, or associa18 tion.’’.

19 (b) APPLICABILITY.—The amendment made by sub20 section (a) shall apply with respect to mail sent after Sep21 tember 30, 1993.

22 SENSE OF CONGRESS

23 SEC. 707. It is the sense of the Congress that any legis24 lation, enacted after September 30, 1994, which would have

25 the effect of expanding the classes of mail or kinds of mailers

26 eligible for reduced rates of postage should provide for suffi-
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1 cient funding to ensure that neither any losses to the United

2 States Postal Service nor any increase in the rates of post3 age for any of the other classes of mail or kinds of mailers

4 will result.

5 TECHNICAL CORRECTIONS

6 SEC. 708. (a) SECTION 410.—Section 410(b) is

7 amended—

8 (1) in paragraph (8) by striking ‘‘and’’ after the

9 semicolon;

10 (2) in the first paragraph (9) by striking ‘‘Chap11 ter’’ and inserting ‘‘chapter’’, and by striking the pe12 riod and inserting ‘‘; and’’; and

13 (3) by designating the second paragraph (9) as

14 paragraph (10).

15 (b) SECTION 3202.—Section 3202(a) is amended—

16 (1) in paragraph (3) by adding ‘‘and’’ after the

17 semicolon; and

18 (2) in paragraph (4) by striking ‘‘; and’’ and

19 inserting a period.

20 (c) SECTION 3601.—Section 3601(a) is amended by

21 striking ‘‘concent’’ and inserting ‘‘consent’’.

22 (d) SECTION 3625.—Section 3625(d) is amended by

23 striking ‘‘section 3268’’ and inserting ‘‘section 3628’’.

24 (e) SECTION 3626.—Section 3626 is amended by redes25 ignating the second subsection (k) as subsection (l).
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1 Ω103æSEC. 709. REDUCED RATES FOR VOTER REG2 ISTRATION MAIL.—Section 3629 of title 39, United States

3 Code, as enacted by section 8(h) of Public Law 103–31, the

4 National Voter Registration Act of 1993, is amended by

5 striking ‘‘the rate for any class of mail that is available

6 to a qualified nonprofit organization under section 3626’’

7 and inserting in lieu thereof ‘‘a rate which is one-half the

8 applicable rate for First-Class Mail, as provided in the rel9 evant classification and rate schedules,’’.

10 Ω104æTITLE VIII—NONSMOKING POLICY

11 SEC. 801. SHORT TITLE.

12 This title may be cited as the ‘‘Preventing Our Federal

13 Building Workers and Visitors From Exposure to Deadly

14 Smoke (PRO–FEDS) Act of 1993’’.

15 SEC. 802. FINDINGS.

16 Congress finds that—

17 (1) environmental tobacco smoke comes from sec18 ondhand smoke exhaled by smokers and sidestream

19 smoke emitted from the burning of cigarettes, cigars,

20 and pipes;

21 (2) since citizens of the United States spend up

22 to 90 percent of a day indoors, there is a significant

23 potential for exposure to environmental tobacco smoke

24 from indoor air;
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1 (3) exposure to environmental tobacco smoke oc2 curs in schools, public buildings, and other indoor fa3 cilities;

4 (4) recent scientific studies have concluded that

5 exposure to environmental tobacco smoke is a cause of

6 lung cancer in healthy nonsmokers and is responsible

7 for acute and chronic respiratory problems and other

8 health impacts in sensitive populations (including

9 children);

10 (5) the health risks posed by environmental to11 bacco smoke exceed the risks posed by many environ12 mental pollutants regulated by the Environmental

13 Protection Agency; and

14 (6) according to information released by the En15 vironmental Protection Agency, environmental to16 bacco smoke results in a loss to the economy of over

17 $3,000,000,000 per year.

18 SEC. 803. DEFINITIONS.

19 As used in this title:

20 (1) ADMINISTRATOR.—The term ‘‘Adminis21 trator’’ means the Administrator of the Environ22 mental Protection Agency.

23 (2) EXECUTIVE AGENCY.—The term ‘‘Executive

24 agency’’ has the meaning provided in section 105 of

25 title 5, United States Code.
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1 (3) FEDERAL AGENCY.—The term ‘‘Federal agen2 cy’’ includes any Executive agency, the Executive Of3 fice of the President, any military department, any

4 court of the United States, the Administrative Office

5 of the United States Courts, the Library of Congress,

6 the Botanic Garden, the Government Printing Office,

7 the Congressional Budget Office, the United States

8 Postal Service, the Postal Rate Commission, the Office

9 of the Architect of the Capitol, the Office of Tech10 nology Assessment, and any other agency of the execu11 tive, legislative, and judicial branches.

12 (4) FEDERAL BUILDING.—The term ‘‘Federal

13 building’’ means any building or other structure

14 owned or leased for use by a Federal agency, except

15 that the term shall not include any area of a building

16 that is used primarily as living quarters.

17 (5) SECRETARY.—The term ‘‘Secretary’’ means

18 the Secretary of Health and Human Services.

19 SEC. 804. NONSMOKING POLICY FOR FEDERAL BUILDINGS.

20 (a) IN GENERAL.—

21 (1) ISSUANCE OF GUIDELINES.—Not later than

22 180 days after the date of enactment of this Act, the

23 Administrator shall issue guidelines for instituting

24 and enforcing a nonsmoking policy at each Federal

25 agency.
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1 (2) CONTENTS OF GUIDELINES.—A nonsmoking

2 policy that meets the requirements of the guidelines

3 shall, at a minimum, prohibit smoking in each in4 door portion of a Federal building that is not venti5 lated separately (as defined by the Administrator)

6 from other portions of the facility.

7 (b) ADOPTION OF GUIDELINES.—

8 (1) IN GENERAL.—As soon as is practicable after

9 the date of issuance of the guidelines referred to in

10 subsection (a), the head of each Executive agency, and

11 the Director of the Administrative Office of the Unit12 ed States Courts shall adopt a nonsmoking policy ap13 plicable to the Federal agency under the jurisdiction

14 of the individual that meets the requirements of the

15 guidelines referred to in subsection (a), and take such

16 action as is necessary to ensure that the policy is car17 ried out in the manner specified in the guidelines.

18 (2) LEGISLATIVE BRANCH.—As soon as is prac19 ticable after the date of issuance of the guidelines re20 ferred to in subsection (a), the following entities and

21 individuals shall adopt a nonsmoking policy that

22 meets the requirements of the guidelines referred to in

23 subsection (a), and take such action as is necessary

24 to ensure that the policy is carried out in the manner

25 specified in the guidelines:
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1 (A) With respect to the House of Represent2 atives (including any office space or buildings of

3 the House of Representatives), the House Office

4 Building Commission.

5 (B) With respect to the Senate (including

6 any office space or buildings of the Senate), the

7 Committee on Rules and Administration of the

8 Senate.

9 (C) With respect to any other area occupied

10 or used by a Federal agency of the legislative

11 branch, the Architect of the Capitol.

12 (3) CERTIFICATION FOR EXECUTIVE AGENCIES.—

13 The Administrator of General Services, in consulta14 tion with the Administrator, shall review each non15 smoking policy adopted by the head of an Executive

16 agency and shall certify those policies that meet the

17 requirements of the guidelines referred to in sub18 section (a). In carrying out the certification, the Ad19 ministrator of General Services shall use a procedure

20 and apply criteria that the Administrator shall estab21 lish. Except as provided in subsection (c), if a policy

22 does not meet the requirements of the guidelines, the

23 Administrator of General Services shall—

24 (A) in a written communication, advise the

25 head of the Executive agency concerning modi-
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1 fications of the policy to meet the requirements;

2 and

3 (B) publish the communication in the Fed4 eral Register.

5 (c) WAIVERS.—

6 (1) EXECUTIVE AGENCIES.—The head of an Ex7 ecutive agency may publicly petition the Adminis8 trator of General Services for a waiver from institut9 ing or enforcing a nonsmoking policy (or policy re10 quirement) under the guidelines issued pursuant to

11 subsection (a). The Administrator of General Services

12 may waive the requirement if, after consultation with

13 the Administrator, the Administrator of General

14 Services determines that—

15 (A) unusual extenuating circumstances pre16 vent the head of the Federal agency from enforc17 ing the policy (or a requirement under the pol18 icy) (including a case in which the Federal agen19 cy shares space in an indoor facility with a non20 Federal entity and cannot obtain an agreement

21 with the other entity to abide by the nonsmoking

22 policy requirement) and the head of the Execu23 tive agency will establish and make a good-faith

24 effort to enforce an alternative nonsmoking pol25 icy (or alternative requirement under the policy)
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1 that will protect individuals from exposure to

2 environmental tobacco smoke to the maximum

3 extent possible; or

4 (B) the head of the Executive agency will

5 enforce an alternative nonsmoking policy (or al6 ternative requirement under the policy) that will

7 protect individuals from exposure to environ8 mental tobacco smoke to the same degree as the

9 requirement under the guidelines issued pursu10 ant to subsection (a).

11 (2) AGENCIES OF THE JUDICIAL BRANCH.—After

12 consultation with the Administrator, and after pro13 viding public notice and reasonable opportunity for

14 public review and comment, the Director of the Ad15 ministrative Office of the United States Courts may,

16 on the basis of the criteria for a waiver referred to in

17 paragraph (1), make such modifications to the non18 smoking policy required to be carried out pursuant to

19 subsection (b) as the Director determines to be nec20 essary. The Director may not make any modification

21 that violates the criteria for a waiver under para22 graph (1).

23 (3) AGENCIES OF THE LEGISLATIVE BRANCH.—

24 After consultation with the Administrator, and after

25 providing public notice and reasonable opportunity
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1 for public review and comment, the appropriate en2 tity or individual referred to in subparagraphs (A)

3 through (C) of subsection (b)(2) may, on the basis of

4 the criteria for a waiver referred to in paragraph (1),

5 make such modifications to the nonsmoking policy re6 quired to be carried out pursuant to subsection (b) as

7 the entity or individual determines to be necessary.

8 The entity or individual may not make any modifica9 tion that violates the criteria for a waiver under

10 paragraph (1).

11 (d) COLLECTIVE BARGAINING AGREEMENTS.—

12 (1) IN GENERAL.—In a Federal agency in which

13 a labor organization has been accorded recognition as

14 a bargaining unit pursuant to chapter 71 of title 5,

15 United States Code, the Federal agency shall engage

16 in collective bargaining pursuant to section 7114 of

17 title 5, United States Code, to ensure the implementa18 tion of the requirements of this section that affect

19 work areas predominately occupied by the employees

20 represented by the labor organization by the date of

21 the adoption, pursuant to this section, of a non22 smoking policy applicable to the Federal agency.

23 (2) EXEMPTION.—

24 (A) IN GENERAL.—If, on the date of enact25 ment of this Act—
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1 (i) a bargaining unit referred to in

2 paragraph (1) has in effect a collective bar3 gaining agreement with respect to which a

4 Federal agency is a party; and

5 (ii) the collective bargaining agreement

6 referred to in clause (i) includes provisions

7 relating to smoking privileges that are in

8 violation of the requirements of this section,

9 the head of the Federal agency may exempt work

10 areas predominately occupied by the employees

11 subject to the collective bargaining agreement

12 from the nonsmoking policy that the Federal

13 agency is required to be carried out under sub14 section (b).

15 (B) TERMINATION OF EXEMPTION.—

16 (i) IN GENERAL.—An exemption re17 ferred to in subparagraph (A) shall termi18 nate on the earlier of—

19 (I) the first expiration date (after

20 the date of enactment of this Act) of the

21 collective bargaining agreement con22 taining the provisions relating to

23 smoking privileges; or

24 (II) the date that is 1 year after

25 the date of issuance of the guidelines.
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1 (ii) IMPLEMENTATION OF NONSMOKING

2 POLICY AFTER TERMINATION DATE.— By

3 the applicable date specified in clause

4 (i)(II), the head of each Federal agency

5 shall be required to enforce a nonsmoking

6 policy that meets the requirements of the

7 guidelines issued under subsection (a) in

8 each work area under the jurisdiction of the

9 head of the Federal agency, notwithstanding

10 any collective bargaining agreement that

11 contains provisions that are less restrictive

12 than the nonsmoking policy.

13 SEC. 805. TECHNICAL ASSISTANCE AND OUTREACH ACTIVI14 TIES.

15 (a) TECHNICAL ASSISTANCE.—The Administrator and

16 the Secretary shall provide technical assistance to the heads

17 of Federal agencies and other persons who request technical

18 assistance. The technical assistance shall include informa19 tion—

20 (1) on smoking cessation programs for employ21 ees; and

22 (2) to assist in compliance with the requirements

23 of this title.

24 (b) OUTREACH ACTIVITIES.—The Administrator, in

25 consultation with the Secretary, shall establish an outreach
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1 program to inform the public concerning the dangers of en2 vironmental tobacco smoke. As part of the outreach pro3 gram, the Administrator and the Secretary shall make

4 available to the general public brochures and other edu5 cational materials. In establishing the programs under this

6 paragraph, the Administrator and the Secretary shall co7 operate to maximize the sharing of information and re8 sources.

9 SEC. 806. REPORT BY THE ADMINISTRATOR.

10 Not later than 2 years after the date of enactment of

11 this Act, the Administrator shall submit a report to Con12 gress that includes—

13 (1) information concerning the degree of compli14 ance with this title; and

15 (2) an assessment of the legal status of smoking

16 in public places.

17 SEC. 807. PREEMPTION.

18 Nothing in this title is intended to preempt any provi19 sion of law of a State or political subdivision of a State

20 that is more restrictive than a provision of this title.

21 SEC. 808. EXEMPTION.

22 No provision in this title shall be construed to affect

23 or otherwise impair the authority of the Secretary of Veter24 ans Affairs, under section 526 of the Veterans Health Care

25 Act of 1992 (38 U.S.C. 1715 note).
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1 Ω105æTITLE IX—CIGARETTE SALES TO MINORS

2 SEC. 901. FINDINGS.

3 The Congress finds that—

4 (1) cigarette smoking and the use of smokeless to5 bacco products continue to represent major health

6 hazards to the Nation, causing approximately

7 434,000 deaths each year;

8 (2) cigarette smoking continues to be the single

9 most preventable cause of death and disability in the

10 United States;

11 (3) tobacco products contain hazardous addi12 tives, gases, and other chemical constituents dan13 gerous to health;

14 (4) the use of tobacco products costs the United

15 States more than $60,000,000,000 in lost productivity

16 and health care costs;

17 (5) tobacco products contain nicotine, a poison18 ous, addictive drug;

19 (6) despite the known adverse health effects asso20 ciated with tobacco, it remains one of the least regu21 lated consumer products and is readily available to

22 children and adolescents throughout the United

23 States;
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1 (7) 90 percent of adult smokers start smoking in

2 adolescence or childhood and continue to smoke

3 throughout their adult lives;

4 (8) each day, more than 3,000 children and ado5 lescents start smoking and collectively consume nearly

6 one billion packs of cigarettes per year;

7 (9) reliable studies indicate that tobacco is a

8 gateway to other, increasingly more harmful drugs,

9 and that tobacco use continues after use of other drugs

10 begins; and

11 (10) the Congress of the United States has a

12 major policy setting role in ensuring that the use of

13 tobacco products among minors is discouraged to the

14 maximum extent possible.

15 SEC. 902. DEFINITIONS.

16 As used in this title—

17 (1) the term ‘‘Federal agency’’ means—

18 (A) an Executive agency as defined in sec19 tion 105 of title 5, United States Code; and

20 (B) each entity specified in paragraphs (B)

21 through (H) of section 5721(1) of title 5, United

22 States Code;

23 (2) the term ‘‘Federal building’’ means—

24 (A) any building or other structure owned

25 in whole or in part by the United States or any
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1 Federal agency, including any such structure oc2 cupied by a Federal agency under a lease agree3 ment, except that the term shall not include any

4 area or portion of a building not leased by the

5 Federal Government; and

6 (B) includes the real property on which

7 such building is located;

8 (3) the term ‘‘minor’’ means an individual

9 under the age of 18 years; and

10 (4) the term ‘‘tobacco product’’ means cigarettes,

11 cigars, little cigars, pipe tobacco, smokeless tobacco,

12 snuff, and chewing tobacco.

13 SEC. 903. TOBACCO PRODUCTS VENDING MACHINE AND

14 FREE SAMPLE BAN IN FEDERAL BUILDINGS.

15 (a) IN GENERAL.—No later than 45 days after the date

16 of the enactment of this Act, the Administrator of General

17 Services and the head of each Federal agency shall promul18 gate regulations that prohibit the sale of tobacco products

19 in vending machines located in or around any Federal

20 building under the jurisdiction of the Administrator or such

21 agency head.

22 (b) EXCEPTION.—The Administrator of General Serv23 ices or the head of an agency, as appropriate, may des24 ignate areas not subject to the provisions of subsection (a),

25 if such area also prohibits the presence of minors.
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1 (c) JURISDICTION OF FEDERAL BUILDINGS AND AD2 MINISTRATION.—The provisions of this section shall be car3 ried out—

4 (1) by the Administrator of General Services for

5 any Federal building which is maintained, leased, or

6 has title of ownership vested in the General Services

7 Administration; or

8 (2) by the head of a Federal agency for any Fed9 eral building which is maintained, leased, or has title

10 of ownership vested in such agency.

11 SEC. 904. COMPLIANCE REPORT.

12 No later than 90 days after the date of enactment of

13 this Act, the Administrator of General Services and each

14 head of an agency shall prepare and submit, to the appro15 priate committees of Congress, a report that shall contain—

16 (1) verification that the Administrator or such

17 head of an agency is in compliance with this Act; and

18 (2) a detailed list of the location of all tobacco

19 product vending machines located in Federal build20 ings under the administration of the Administrator

21 or such head of an agency.

22 SEC. 905. APPLICATION TO THE UNITED STATES CAPITOL

23 AND GROUNDS.

24 (a) IN GENERAL.—No later than 45 days after the date

25 of the enactment of this Act, the Senate Committee on Rules
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1 and Administration and the House of Representatives Com2 mittee on House Administration, after consultation with

3 the Architect of the Capitol, shall promulgate regulations

4 under the House and Senate rulemaking authority that pro5 hibit the sale of tobacco products in vending machines in

6 the Capitol Buildings.

7 (b) EXCEPTION.—Such committees may designate

8 areas where such prohibition shall not apply, if such area

9 also prohibits the presence of minors.

10 (c) DEFINITION.—For the purpose of this section the

11 term ‘‘Capitol Buildings’’ shall have the same meaning as

12 such term is defined under section 16(a)(1) of the Act enti13 tled ‘‘An Act to define the area of the United States Capitol

14 Grounds, to regulate the use thereof, and for other pur15 poses’’, approved July 31, 1946 (40 U.S.C. 193m(1)).

16 SEC. 906. RULE OF CONSTRUCTION.

17 Nothing in this Act shall be construed as restricting

18 the authority of the Administrator of General Services or

19 the head of an agency to limit tobacco product use in or

20 around any Federal building, except as provided under sec21 tion 903(a).
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1 This Act may be cited as the ‘‘Treasury, Postal Serv2 ice, and General Government Appropriations Act, 1994’’.

Passed the Senate August 3 (legislative day, June

30), 1993.

Attest: WALTER J. STEWART,

Secretary.

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