Calendar No. 157

103D CONGRESS

1ST SESSION H. R. 2403

[Report No. 103–106]

AN ACT

Making appropriations for the Treasury Departtember 30, 1994, and for other purposes. pendent Agencies, for the fiscal year ending Sep- ecutive Office of the President, and certain Inde- ment, the United States Postal Service, the ExJUNE 24 (legislative day, JUNE 22), 1993

Received; read twice and referred to the Committee on

Appropriations

JULY 22 (legislative day, JUNE 30), 1993

Reported with amendments
II

Calendar No. 157

103D CONGRESS

1ST SESSION H. R. 2403

[Report No. 103–106]

IN THE SENATE OF THE UNITED STATES

JUNE 24 (legislative day, JUNE 22), 1993

Received; read twice and referred to the Committee on Appropriations

JULY 22 (legislative day, JUNE 30), 1993

Reported by Mr. DECONCINI, with amendments

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

AN ACT

Making appropriations for the Treasury Department, the

United States Postal Service, the Executive Office of

the President, and certain Independent Agencies, for the

fiscal year ending September 30, 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 Inde-
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1 pendent Agencies, for the fiscal year ending September 30,

2 1994, and for other purposes, namely:

3 TITLE I

4 DEPARTMENT OF THE TREASURY

5 DEPARTMENTAL OFFICES

6 SALARIES AND EXPENSES

7 For necessary expenses of the Departmental Offices

8 including operation and maintenance of the Treasury

9 Building and Annex; hire of passenger motor vehicles;

10 maintenance, repairs, and improvements of, and purchase

11 of commercial insurance policies for, real properties leased

12 or owned overseas, when necessary for the performance

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

14 travel expenses; not to exceed $100,000 for official recep15 tion and representation expenses, of which $75,000 is for

16 such expenses of the international affairs function of the

17 Offices; of which not less than $6,902,000 and 90 full-time

18 equivalent positions shall be available for enforcement ac19 tivities, and of which no less than $2,971,000 and 46 full20 time equivalent positions shall be available for the Office

21 of Foreign Assets Control; not to exceed $258,000 for un22 foreseen emergencies of a confidential nature, to be allo23 cated and expended under the direction of the Secretary

24 of the Treasury and to be accounted for solely on his cer25 tificate; not to exceed $488,000, to remain available until
3

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1 expended, for repairs and improvements to the Main

2 Treasury Building and Annex; $104,597,000

3 $105,700,000.

4 OFFICE OF INSPECTOR GENERAL

5 SALARIES AND EXPENSES

6 For necessary expenses of the Office of Inspector

7 General in carrying out the provisions of the Inspector

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

9 vehicles; not to exceed $2,000,000 for official travel ex10 penses; not to exceed $100,000 for unforeseen emer11 gencies of a confidential nature, to be allocated and ex12 pended under the direction of the Inspector General of the

13 Treasury; $28,897,000,–of which $300,000 shall remain

14 available until expended for the Inspectors General Audi15 tor Training Institute.

16 FINANCIAL CRIMES ENFORCEMENT NETWORK

17 SALARIES AND EXPENSES

18 For necessary expenses of the Financial Crimes En19 forcement Network, including hire of passenger motor ve20 hicles; not to exceed $4,000 for official reception and rep21 resentation expenses; $18,280,000.

22 TREASURY FORFEITURE FUND

23 (LIMITATION OF AVAILABILITY OF DEPOSITS)

24 For necessary expenses of the Treasury Forfeiture

25 Fund, as authorized by Public Law 102–393, not to ex-
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1 ceed $14,770,000 $50,000,000, to be derived from deposits

2 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 authority: Provided further, That the Center is

14 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; $47,195,000 $47,695,000.

20 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

21 RELATED EXPENSES

22 For expansion of the Federal Law Enforcement

23 Training Center, for acquisition of necessary additional

24 real property and facilities, and for ongoing maintenance,
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1 facility improvements, and related expenses, $7,712,000

2 $12,712,000, to remain available until expended.

3 FINANCIAL MANAGEMENT SERVICE

4 SALARIES AND EXPENSES

5 For necessary expenses of the Financial Management

6 Service, $209,877,000, of which not to exceed $9,748,000,

7 shall remain available until expended for systems mod8 ernization initiatives.

9 BUREAU OF ALCOHOL, TOBACCO AND FIREARMS

10 SALARIES AND EXPENSES

11 For necessary expenses of the Bureau of Alcohol, To12 bacco and Firearms, including purchase of not to exceed

13 six hundred and fifty vehicles for police-type use for re14 placement only and hire of passenger motor vehicles; hire

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

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

17 diem and/or subsistence allowances to employees where an

18 assignment to the National Response Team during the in19 vestigation of a bombing or arson incident requires an em20 ployee to work 16 hours or more per day or to remain

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

22 for official reception and representation expenses; for

23 training of State and local law enforcement agencies with

24 or without reimbursement; provision of laboratory assist25 ance to State and local agencies, with or without reim-
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1 bursement; $364,245,000 $368,046,000, not to exceed

2 $100,000 shall be available for hosting or participating in

3 the Interagency Committee on Women in Federal Law En4 forcement Conference, the Law Enforcement Explorer

5 Scouts Conference, and the International Asian Organized

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

7 solely for the enforcement of the Federal Alcohol Adminis8 tration Act during fiscal year 1994 and, of which not to

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

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

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

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

13 official use by a State or local law enforcement agency

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

15 enforcement operations with the Bureau of Alcohol, To16 bacco and Firearms and for the payment of overtime sala17 ries, travel, fuel, training, equipment, and other similar

18 costs of State and local law enforcement officers that are

19 incurred in joint operations with the Bureau of Alcohol,

20 Tobacco and Firearms: Provided, That fees will be col21 lected by the Secretary of the Treasury or his delegate

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

23 $5,000,000 shall be retained and used for the specific pur24 pose of offsetting costs of the Bureau’s Compliance Alco25 hol Program, notwithstanding 31 U.S.C. 3302(b), and any
8

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

2 as miscellaneous receipts in the Treasury: Provided fur3 ther, That the sum herein appropriated shall be reduced

4 by not more than $5,000,000 as fees are collected pursu5 ant to section 108 of this Act: Provided further, That none

6 of the funds appropriated herein shall be available to in7 vestigate or act upon applications for relief from Federal

8 firearms disabilities under 18 U.S.C. 925(c): Provided fur9 ther, That such funds shall be available to investigate and

10 act upon applications filed by corporations for relief from

11 Federal firearms disabilities under 18 U.S.C section 925(c):

12 Provided further, That funds made available under this Act

13 shall be used to achieve a minimum level of 4,261 full-time

14 equivalent positions for fiscal year 1994, of which no fewer

15 than 1,440 shall be allocated for the Armed Career Criminal

16 Apprehension Program: Provided further, That no funds

17 appropriated herein shall be available for salaries or ad18 ministrative expenses in connection with consolidating or

19 centralizing, within the Department of the Treasury, the

20 records, or any portion thereof, of acquisition and disposi21 tion of firearms maintained by Federal firearms licensees.

22 UNITED STATES CUSTOMS SERVICE

23 SALARIES AND EXPENSES

24 For necessary expenses of the United States Customs

25 Service, including purchase of up to 1,000 motor vehicles
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1 of which 960 are for replacement only, including 990 for

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

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

4 representation expenses; and awards of compensation to

5 informers, as authorized by any Act enforced by the

6 United States Customs Service; $1,311,819,000

7 $1,363,668,000, of which such sums as become available

8 in the Customs User Fee Account, except sums subject

9 to section 13031(f)(3) of the Consolidated Omnibus Rec10 onciliation Act of 1985, as amended (19 U.S.C. 58c(f)(3)),

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

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

13 space in connection with preclearance operations, and not

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

15 research: Provided, That uniforms may be purchased with16 out regard to the general purchase price limitation for the

17 current fiscal year: Provided further, That none of the

18 funds made available by this Act shall be available for ad19 ministrative expenses to pay any employee overtime pay

20 in an amount in excess of $25,000: Provided further, That

21 the Commissioner or the Commissioner’s designee may

22 waive this limitation in individual cases in order to prevent

23 excessive costs or to meet emergency requirements of the

24 Service: Provided further, That no funds appropriated by

25 this Act may be used to reduce to single eight-hour shifts
10

HR 2403 RS

1 at airports and that all current services as provided by

2 the Customs Service shall continue through September 30,

3 1994: Provided further, That the United States Customs

4 Service shall hire and maintain an average of not less than

5 17,941 full-time equivalent positions in fiscal year 1994,

6 of which a minimum level of 960 full-time equivalent posi7 tions shall be allocated to air interdiction activities of the

8 United States Customs Service: Provided further, That not

9 less than $750,000 shall be expended for additional part10 time and temporary positions in the Honolulu Customs

11 District.

12 OPERATION AND MAINTENANCE, AIR AND MARINE

13 INTERDICTION PROGRAMS

14 For expenses, not otherwise provided for, necessary

15 for the operation and maintenance of marine vessels, air16 craft, and other related equipment of the Air and Marine

17 Programs, including operational training and mission-re18 lated travel, and rental payments for facilities occupied by

19 the air or marine interdiction and demand reduction pro20 grams: Provided, That no aircraft or other related equip21 ment shall be transferred to any other Federal agency, De22 partment, or office outside of the Department of the

23 Treasury during fiscal year 1994 $46,063,000

24 $47,863,000.
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1 OPERATIONS AND MAINTENANCE, CUSTOMS P–3 DRUG

2 INTERDICTION PROGRAM

3 For necessary expenses of operations, maintenance,

4 modifications to, spare parts and related equipment for

5 Customs P–3 surveillance aircraft for carrying out de6 fense-related drug interdiction purposes; $28,000,000.

7 AIR AND MARINE INTERDICTION PROGRAMS,

8 PROCUREMENT

9 For the procurement, construction, and modification

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

11 parts, and accessories therefor of the air and marine inter12 diction programs; $21,093,000, to remain available until

13 expended.

14 CUSTOMS FACILITIES, CONSTRUCTION, IMPROVEMENTS AND

15 RELATED EXPENSES

16 For acquisition of necessary additional real property,

17 facilities, construction, improvements, and related expenses

18 of the United States Customs Service, $10,000,000, to re19 main available until expended.

20 CUSTOMS SERVICES AT SMALL AIRPORTS

21 (TO BE DERIVED FROM FEES COLLECTED)

22 Such sums as may be necessary, not to exceed

23 $1,406,000, for expenses for the provision of Customs

24 services at certain small airports or other facilities when

25 authorized by law and designated by the Secretary of the

26 Treasury, including expenditures for the salary and ex-
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1 penses of individuals employed to provide such services,

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

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

4 for each of these airports or other facilities when author5 ized by law and designated by the Secretary of the Treas6 ury, and to remain available until expended.

7 UNITED STATES MINT

8 SALARIES AND EXPENSES

9 For necessary expenses of the United States Mint;

10 $54,770,000, including amounts for purchase and mainte11 nance of uniforms not to exceed $285 multiplied by the

12 number of employees of the agency who are required by

13 regulation or statute to wear a prescribed uniform in the

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

15 shall remain available until expended for expansion and

16 improvements.

17 BUREAU OF THE PUBLIC DEBT

18 ADMINISTERING THE PUBLIC DEBT

19 For necessary expenses connected with any public20 debt issues of the United States; $189,209,000

21 $187,209,000.

22 PAYMENT OF GOVERNMENT LOSSES IN SHIPMENT

23 For necessary expenses for ‘‘Payment of Government

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

25 expended.
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1 INTERNAL REVENUE SERVICE

2 ADMINISTRATION AND MANAGEMENT

3 For necessary expenses of the Internal Revenue Serv4 ice, not otherwise provided for; executive direction, man5 agement services, and internal audit and security; includ6 ing purchase (not to exceed 125 for replacement only, for

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

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

9 3109, at such rates as may be determined by the Commis10 sioner; $167,822,000, of which not to exceed $25,000 for

11 official reception and representation expenses;–and of

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

13 PROCESSING TAX RETURNS AND ASSISTANCE

14 For necessary expenses of the Internal Revenue Serv15 ice, not otherwise provided for; including processing tax

16 returns; revenue accounting; statistics of income; provid17 ing assistance to taxpayers; 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; $1,696,853,000, of which $3,700,000

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

22 no amount of which shall be available for IRS administra23 tive costs;–and of which not to exceed $1,000,000 for re24 search.
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1 TAX LAW ENFORCEMENT

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

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

6 enforcement activities; securing unfiled tax returns; col7 lecting unpaid accounts; the purchase (for police-type use,

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

9 for replacement only), and hire of passenger motor vehi10 cles (31 U.S.C. 1343(b)); and services as authorized by

11 5 U.S.C. 3109, at such rates as may be determined by

12 the Commissioner: Provided, That additional amounts

13 above fiscal year 1993 levels for international tax enforce14 ment shall be used for the establishment and operation

15 of a task force comprised of senior Internal Revenue Serv16 ice Attorneys, accountants, and economists dedicated to

17 enforcement activities related to United States subsidi18 aries of foreign-controlled corporations that are in non19 compliance with the Internal Revenue Code: Provided fur20 ther, That additional amounts above fiscal year 1993 levels

21 for the information reporting program shall be used in22 stead for the examination of the tax returns of high23 income and high-asset taxpayers; $4,007,962,000 of which

24 not to exceed $1,000,000 is for research $4,043,281,000,

25 of which not to exceed $1,000,000 shall remain available
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1 until expended for research; and of which not less than

2 $360,700,000 and 4,921 full-time equivalent positions shall

3 be available for tax fraud investigation activities.

4 INFORMATION SYSTEMS

5 For necessary expenses for data processing and tele6 communications support for Internal Revenue Service ac7 tivities, including: returns processing and services; compli8 ance and enforcement; program support; and tax systems

9 modernization; and for the hire of passenger motor vehi10 cles (31 U.S.C. 1343(b)); and services as authorized by

11 5 U.S.C. 3109, at such rates as may be determined by

12 the Commissioner: $1,402,629,000 $1,487,722,000, of

13 which not less than $570,166,000 is for tax systems mod14 ernization, and of which not to exceed $60,000,000 shall

15 remain available until expended for other systems develop16 ment projects: Provided, That of the amounts provided for

17 tax systems modernization not to exceed $125,000,000

18 shall remain available until expended:–Provided further,

19 That none of the funds appropriated for tax systems mod20 ernization may be obligated until the Commissioner of the

21 Internal Revenue Service reports to the Committees on

22 Appropriations of the House and Senate on the implemen23 tation of Tax Systems Modernization.
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1 ADMINISTRATIVE PROVISION—INTERNAL REVENUE

2 SERVICE

3 SECTION 1. Not to exceed 4 per centum of any appro4 priation made available to the Internal Revenue Service

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

6 to any other Internal Revenue Service appropriation upon

7 the approval of the House and Senate Committees on

8 Appropriations.

9 SEC. 2. The Internal Revenue Service shall institute

10 and maintain a training program to insure that Internal

11 Revenue Service employees are trained in taxpayers’

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

13 cross-cultural relations.

14 UNITED STATES SECRET SERVICE

15 SALARIES AND EXPENSES

16 For necessary expenses of the United States Secret

17 Service, including purchase (not to exceed three hundred

18 and forty-three vehicles for police-type use for replacement

19 only) and hire of passenger motor vehicles; hire of aircraft;

20 training and assistance requested by State and local gov21 ernments, which may be provided without reimbursement;

22 services of expert witnesses at such rates as may be deter23 mined by the Director; rental of buildings in the District

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

25 other facilities on private or other property not in Govern-
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1 ment ownership or control, as may be necessary to per2 form protective functions; for payment of per diem and/

3 or subsistence allowances to employees where a protective

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

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

6 or to remain overnight at his or her post of duty; the con7 ducting of and participating in firearms matches; presen8 tation of awards; and for travel of Secret Service employ9 ees on protective missions without regard to the limita10 tions on such expenditures in this or any other Act: Pro11 vided, That approval is obtained in advance from the

12 House and Senate Committees on Appropriations; for re13 pairs, alterations, and minor construction at the James

14 J. Rowley Secret Service Training Center; for research

15 and development; for making grants to conduct behavioral

16 research in support of protective research and operations;

17 not to exceed $12,500 for official reception and represen18 tation expenses; not to exceed $50,000 to provide technical

19 assistance and equipment to foreign law enforcement orga20 nizations in counterfeit investigations; for payment in ad21 vance for commercial accommodations as may be nec22 essary to perform protective functions; and for uniforms

23 without regard to the general purchase price limitation for

24 the current fiscal year; $457,360,000 $461,931,000, of

25 which not to exceed $300,000 shall be made available for
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1 the protection at the one non-governmental property des2 ignated by the President of the United States and $70,000

3 at the airport facility used for travel en route to or from

4 such property under provisions of section 12 of the Presi5 dential Protection Assistance Act of 1976 (18 U.S.C.

6 3056 note).

7 GENERAL PROVISIONS—DEPARTMENT OF THE

8 TREASURY

9 SECTION 101. Of the funds appropriated by this or

10 any other Act to the Internal Revenue Service, amounts

11 attributable to efficiency savings for fiscal year 1994 shall

12 be identified as such by the Commissioner during that fis13 cal year: Provided, That in the fiscal year when the sav14 ings are realized, the amount of efficiency savings shall

15 be non-recurred from the Internal Revenue Service budget

16 base: Provided further, That on an annual basis, the Inter17 nal Revenue Service shall report to the House and Senate

18 Appropriations Committees on the status of the program.

19 SECTION 101. Any obligation or expenditure by the

20 Secretary in connection with law enforcement activities of

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

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

23 9703(g)(4)(B) for unobligated balances remaining in the

24 Fund on September 30, 1994, shall be made only upon ad-
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1 vance approval of the House and Senate Committees on Ap2 propriations.

3 SEC. 102. Appropriations to the Treasury Depart4 ment in this Act shall be available for uniforms or allow5 ances therefor, as authorized by law (5 U.S.C. 5901), in6 cluding maintenance, repairs, and cleaning; purchase of

7 insurance for official motor vehicles operated in foreign

8 countries; purchase of motor vehicles without regard to the

9 general purchase price limitation for vehicles purchased

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

11 contracts with the Department of State for the furnishing

12 of health and medical services to employees and their de13 pendents serving in foreign countries; and services author14 ized by 5 U.S.C. 3109.

15 SEC. 103. Not to exceed 2 per centum of any appro16 priations in this Act for the Department of the Treasury

17 may be transferred between such appropriations. Notwith18 standing any authority to transfer funds between appro19 priations contained in this or any other Act, no transfer

20 may increase or decrease any appropriation in this Act by

21 more than 2 per centum and any such proposed transfers

22 shall be approved in advance by the Committees on Appro23 priations of the House and Senate.

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

25 title shall be used in connection with the collection of any
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1 underpayment of any tax imposed by the Internal Revenue

2 Code of 1954 unless the conduct of officers and employees

3 of the Internal Revenue Service in connection with such

4 collection complies with subsection (a) of section 805 (re5 lating to communications in connection with debt collec6 tion), and section 806 (relating to harassment or abuse),

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

8 1692).

9 SEC. 105. The Bureau of Engraving and Printing will

10 maintain and utilize the currency production capacity of

11 its Washington, DC facility at a level which at a minimum

12 equals its current 5 day, 3 shift per day output of approxi13 mately 5.2 billion notes: Provided, That the Federal Re14 serve System requirements exceed that level by an amount

15 which will enable the Bureau to also maintain and utilize

16 an operating expansion and emergency back-up capacity

17 at its Fort Worth, Texas facility. If production require18 ments fall below that level the Bureau may, upon advance

19 notice to the House Appropriations Committee, reallocate

20 production between the two facilities in a way which best

21 utilizes the capacity of each and preserves the employment

22 security of the Bureau workforce.

23 SEC. 106. If necessary to retain employees with spe24 cialized skills who are serving on temporary appointments,
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1 the Bureau of Engraving and Printing may extend such

2 appointments on an annual basis beyond four years.

3 SEC. 107. In the event of staffing reductions due to

4 a reduction in work requirements, the area of consider5 ation for any reduction-in-force to be effected shall include

6 the Washington, DC facility and the Ft. Worth, Texas fa7 cility. Lists of competing employees at each facility shall

8 be combined together, and bumping, retreat and reassign9 ment rights of employees at the same competitive level

10 shall be governed by this combined list. In order to insure

11 uniformity in administration, the Bureau shall adopt this

12 policy by a formal issuance. This policy shall prevail with

13 regard to all represented bargaining units unless one or

14 more unions specifically and in writing agree to another

15 policy or arrangement on behalf of the employees that any

16 such organization(s) represents.

17 SEC. 108. Notwithstanding any other provision of law,

18 the Secretary of the Treasury shall establish an office of the

19 undersecretary for enforcement within the Department of

20 the Treasury by no later than February 15, 1994.

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

22 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,
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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 $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.
25

HR 2403 RS

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; $6,648,000 $8,209,000.
26

HR 2403 RS

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; $56,539,000

12 $53,481,000, of which not to exceed $5,000,000, shall be

13 available to carry out the provisions of 44 U.S.C. chapter

14 35: Provided, That, as provided in 31 U.S.C. 1301(a), ap15 propriations shall be applied only to the objects for which

16 appropriations were made except as otherwise provided by

17 law: Provided further, That none of the funds appropriated

18 in this Act for the Office of Management and Budget may

19 be used for the purpose of reviewing any agricultural mar20 keting orders or any activities or regulations under the

21 provisions of the Agricultural Marketing Agreement Act

22 of 1937 (7 U.S.C. 601 et seq.): Provided further, That

23 none of the funds made available for the Office of Manage24 ment and Budget by this Act may be expended for the

25 altering of the transcript of actual testimony of witnesses,
27

HR 2403 RS

1 except for testimony of officials of the Office of Manage2 ment and Budget, before the Committee on Appropria3 tions or the Committee on Veterans’ Affairs or their sub4 committees: Provided further, That this proviso shall not

5 apply to printed hearings released by the Committee on

6 Appropriations or the Committee on Veterans’ Affairs.

7 OFFICE OF FEDERAL PROCUREMENT POLICY

8 SALARIES AND EXPENSES

9 For expenses of the Office of Federal Procurement Pol10 icy, including services as authorized by 5 U.S.C. 3109;

11 $3,058,000.

12 OFFICE OF NATIONAL DRUG CONTROL POLICY

13 SALARIES AND EXPENSES

14 For necessary expenses of the Office of National

15 Drug Control Policy; for research activities pursuant to

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

17 official reception and representation expenses; for partici18 pation in joint projects or in the provision of services on

19 matters of mutual interest with nonprofit, research, or

20 public organizations or agencies, with or without reim21 bursement; $5,800,000: Provided, That none of the funds

22 may be obligated or expended until the Director of the

23 Office of National Drug Control Policy submits to the

24 Committee on Appropriations of the House, a justification

25 for planned expenditures $11,687,000, of which not less
28

HR 2403 RS

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

2 be available for the Counter-Drug Technology Assessment

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

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

5 equivalent positions in fiscal year 1994: Provided further,

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

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

8 of aiding or facilitating the work of the Office.

9 UNANTICIPATED NEEDS

10 For expenses necessary to enable the President to

11 meet unanticipated needs, in furtherance of the national

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

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

14 FEDERAL DRUG CONTROL PROGRAMS

15 HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

16 (INCLUDING TRANSFER OF FUNDS)

17 For necessary expenses of the Office of National

18 Drug Control Policy’s High Intensity Drug Trafficking

19 Areas Program, $86,000,000 for drug control activities:–

20 Provided, That the Office of National Drug Control Policy

21 is authorized to transfer not less than $50,000,000 to the

22 following High Intensity Drug Trafficking Areas in the

23 following amounts: New York, $7,000,000, Miami,

24 $7,000,000, Houston $7,000,000, Los Angeles,

25 $7,000,000, and the Southwest Border, $22,000,000: Pro26 vided further, That the Office of National Drug Control
29

HR 2403 RS

1 Policy is authorized to transfer not less than $36,000,000

2 to State and local drug control entities for drug control

3 activities which are consistent with the approved strategy

4 for each of the High Intensity Drug Trafficking Areas, of

5 which no less than $43,000,000 shall be transferred to State

6 and local entities for drug control activities; and of which

7 up to $43,000,000 may be transferred to Federal agencies

8 and departments at a rate to be determined by the Director:

9 Provided, That the funds made available under this head

10 shall be obligated within 90 days of enactment of this Act.

11 SPECIAL FORFEITURE FUND

12 (INCLUDING TRANSFER OF FUNDS)

13 For activities authorized by Public Law 100–690,

14 $28,000,000, to be derived from deposits in the Special

15 Forfeiture Fund; of which $5,000,000, shall be trans16 ferred to the United States Customs Service; of which

17 $6,000,000 shall be transferred to the Internal Revenue

18 Service, Tax Law Enforcement for criminal investigations;

19 of which $4,000,000 shall be transferred to the Drug En20 forcement Agency for the enhancement of the El Paso In21 telligence Center; or which $5,000,000, shall be trans22 ferred to the Counter-Drug Technology Assessment Cen23 ter; and of which $1,000,000 shall be transferred to the

24 Bureau of Alcohol, Tobacco and Firearms, and

25 $7,000,000 to be transferred to Federal agencies and de26 partments to support high priority drug control activities
30

HR 2403 RS

1 consistent with the National Drug Control Strategy in

2 amounts to be determined by the Director.

3 For activities authorized by Public Law 100–690,

4 $75,000,000, of which $28,000,000 shall be derived from de5 posits in the Special Forfeiture Fund; of which $35,000,000

6 shall be transferred to the Substance Abuse and Mental

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

8 shall be available to the Center for Substance Abuse Preven9 tion for community partnership grants, and of which

10 $5,000,000 shall be available to the Center for Substance

11 Abuse Prevention for the residential women/children pro12 gram, and of which $10,000,000 shall be available for the

13 Substance Abuse Prevention and Treatment Block Grant to

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

15 capacity expansion treatment programs; of which

16 $15,000,000, to remain available until expended, shall be

17 transferred to the Counter-Drug Technology Assessment

18 Center for counternarcotics research and development

19 projects and shall be available for transfer to other Federal

20 departments or agencies; of which $5,000,000 shall be trans21 ferred to the Bureau of Alcohol, Tobacco and Firearms for

22 gang resistance education and training programs; and of

23 which $20,000,000 shall be transferred to drug control agen24 cies in amounts to be determined by the Director, upon the
31

HR 2403 RS

1 advance approval of the House and Senate Committees on

2 Appropriations.

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

4 Appropriations Act, 1994’’.

5 TITLE IV

6 INDEPENDENT AGENCIES

7 ADMINISTRATIVE CONFERENCE OF THE UNITED STATES

8 SALARIES AND EXPENSES

9 For necessary expenses of the Administrative Con10 ference of the United States, established by the Administra11 tive Conference Act, as amended (5 U.S.C. 571 et seq.), in12 cluding not to exceed $1,000 for official reception and rep13 resentation expenses, $1,800,000.

14 CITIZENS’ COMMISSION ON PUBLIC SERVICE AND

15 COMPENSATION

16 SALARIES AND EXPENSES

17 (RESCISSION)

18 Of the funds made available under this heading in

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

20 ADVISORY COMMISSION ON INTERGOVERNMENTAL

21 RELATIONS

22 SALARIES AND EXPENSES

23 For expenses necessary to carry out the provisions of

24 the Advisory Commission on Intergovernmental Relations

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

26 and additional amounts collected from the sale of publica-
32

HR 2403 RS

1 tions shall be credited to and used for the purposes of this

2 appropriation.

3 GENERAL SERVICES ADMINISTRATION

4 FEDERAL BUILDINGS FUND

5 LIMITATIONS ON AVAILABILITY OF REVENUE

6 The revenues and collections deposited into For addi7 tional expenses necessary to carry out the purpose of the

8 Fund established pursuant to section 210(f) of the Fed9 eral Property and Administrative Services Act of 1949,

10 as amended (40 U.S.C. 490(f)), $312,814,000, to be depos11 ited into said Fund. The revenues and collections deposited

12 into the Fund shall be available for necessary expenses of

13 real property management and related activities not other14 wise provided for, including operation, maintenance, and

15 protection of federally owned and leased buildings; rental

16 of buildings in the District of Columbia; restoration of

17 leased premises; moving governmental agencies (including

18 space adjustments and telecommunications relocation ex19 penses) in connection with the assignment, allocation and

20 transfer of space; contractual services incident to cleaning

21 or servicing buildings, and moving; repair and alteration

22 of federally owned buildings including grounds, ap23 proaches and appurtenances; care and safeguarding of

24 sites; maintenance, preservation, demolition, and equip25 ment; acquisition of buildings and sites by purchase, con-
33

HR 2403 RS

1 demnation, or as otherwise authorized by law; acquisition

2 of options to purchase buildings and sites; conversion and

3 extension of federally owned buildings; preliminary plan4 ning and design of projects by contract or otherwise; con5 struction of new buildings (including equipment for such

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

7 any other obligations for public buildings acquired by in8 stallment purchase and purchase contract, in the aggre9 gate amount of $5,185,611,000, including $295,294,000

10 of unobligated balances in the fund $5,253,877,000, of

11 which (1) not to exceed $820,476,000 $933,787,000 shall

12 remain available until expended for construction of addi13 tional projects at locations and at maximum construction

14 improvement costs (including funds for sites and ex15 penses) as follows:

16 New Construction:

17 Alabama:

18 Montgomery, U.S. Courthouse Annex,

19 $5,091,000

20 Arkansas:

21 Little Rock, Old Law School Building Expan22 sion/Alteration, $13,816,040

23 California:

24 Sacramento, Federal Building and U.S. Court25 house, $143,082,450
34

HR 2403 RS

1 San Jose, Federal Office Building, claim,

2 $1,828,680

3 Santa Ana, Federal Building and U.S. Court4 house, $148,176,000

5 District of Columbia:

6 U.S. Army Corps of Engineers Headquarters

7 Building, $50,000,000

8 Florida:

9 Jacksonville, U.S. Courthouse, site acquisition

10 and design, $6,070,120

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

12 Indiana:

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

14 Iowa:

15 Burlington, Federal Parking Facility, design

16 and construction, $2,400,000

17 Maryland:

18 Beltsville, Department of Agriculture Federal

19 Building, $20,000,000

20 Bowie, Bureau of the Census, Computer Cen21 ter, $27,915,000

22 Montgomery and Prince George’s Counties,

23 Food and Drug Administration, consolidation, site

24 acquisition, planning and design, construction,

25 $73,921,000
35

HR 2403 RS

1 Massachusetts:

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

3 $18,620,000

4 Missouri:

5 Cape Girardeau, Federal Office Building and

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

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

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

9 Nebraska:

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

11 $9,361,940

12 New Jersey:

13 Newark, Martin Luther King, Jr. Federal

14 Building and U.S. Courthouse, escalation,

15 $4,293,576

16 New York:

17 Brooklyn, U.S. Courthouse, $29,400,000

18 North Carolina:

19 Federal Research Park, Environmental Protec20 tion Agency Facility, $8,800,000

21 North Dakota:

22 Pembina, Border Station, $96,000

23 Ohio:

24 Youngstown, Federal Building and U.S. Court25 house, site acquisition and design, $4,630,500
36

HR 2403 RS

1 Oregon:

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

3 Pennsylvania:

4 Scranton, Federal Building and U.S. Court5 house Annex, site acquisition and design,

6 $12,093,200

7 Texas:

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

9 $2,986,060

10 Vermont:

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

12 Washington:

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

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

15 Alabama:

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

17 Arkansas:

18 Little Rock, Old Law School Building, Expan19 sion/Alteration, $14,098,000

20 Arizona:

21 Phoenix, U.S. Courthouse, $199,000,000

22 Safford, Forest Service Administrative Offices

23 and Cultural Center, $6,000,000

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

25 California:
37

HR 2403 RS

1 Sacramento, U.S. Courthouse and Federal

2 Building, $162,225,000

3 San Jose, Federal Office building, claim,

4 $1,866,000

5 Santa Ana, Federal Building and U.S. Court6 house, $84,000,000

7 Florida:

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

9 Georgia:

10 Atlanta, Centers for Disease Control, Laboratory

11 and office building, $15,000,000

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

13 Maryland:

14 Bowie, Bureau of the Census, Computer Center,

15 $27,915,000

16 Montgomery and Prince George’s Counties, Food

17 and Drug Administration, consolidation, site acquisi18 tion, planning, design, and construction, $73,921,000

19 Massachusetts:

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

21 $19,000,000

22 Missouri:

23 Cape Girardeau, Federal Office Building and

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

25 Kansas City, U.S. Courthouse, $20,000,000
38

HR 2403 RS

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

2 Nebraska:

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

4 $9,553,000

5 New Jersey:

6 Newark, Martin Luther King, Jr. Federal Build7 ing and U.S. Courthouse, escalation, $4,868,000

8 New York:

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

10 North Dakota:

11 Pembina, Border Station, $96,000

12 Oregon:

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

14 Texas:

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

16 $3,047,000

17 Vermont:

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

19 Washington:

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

21 West Virginia:

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

23 $45,000,000

24 Nonprospectus construction projects, $5,525,000:
39

HR 2403 RS

1 Provided, That of the funds provided for nonprospectus

2 construction projects, funds shall remain available until

3 expended for the acquisition, lease, construction, and

4 equipping of three flexiplace work telecommuting centers,

5 one of which shall be in southern Maryland, and one of

6 which shall be in northwestern Virginia:–Provided further,

7 Provided, That each of the immediately foregoing limits

8 of costs on new construction projects may be exceeded to

9 the extent that savings are effected in other such projects,

10 but by not to exceed 10 per centum: Provided further, That

11 all funds for direct construction projects shall expire on

12 September 30, 1995, and remain in the Federal Buildings

13 Fund except funds for projects as to which funds for de14 sign or other funds have been obligated in whole or in part

15 prior to such date: Provided further, That of the amount

16 made available under this heading for the Northern Vir17 ginia Naval Systems Commands, in Public Law 101–509,

18 $107,781,000 $185,344,000, is hereby rescinded: Provided

19 further, That the amount made available under the heading

20 ‘‘New Construction’’ in Public Law 102–393, for Hilo, Ha21 waii, shall be available for payment to a public entity in

22 the State of Hawaii for the construction of facilities to house

23 governmental agencies; the governmental agencies to be

24 housed shall be designated by the Administrator of General

25 Services and such agencies shall be housed rent free, exclu-
40

HR 2403 RS

1 sive of operating expenses: Provided further, That claims

2 against the Government of less than $100,000 arising

3 from direct construction projects, acquisitions of buildings

4 and purchase contract projects pursuant to Public Law

5 92–313, be liquidated with prior notification to the Com6 mittees on Appropriations of the House and Senate to the

7 extent savings are effected in other such projects; (2) not

8 to exceed $546,682,000 $516,782,000, which shall remain

9 available until expended, for repairs and alterations: Pro10 vided further, That funds in the Federal Buildings Fund

11 for Repairs and Alterations shall, for prospectus projects,

12 be limited to the amount by project as follows, except each

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

14 per centum unless advance approval is obtained from the

15 Committees on Appropriations of the House and Senate

16 of a greater amount:

17 Repairs and Alterations:

18 Alaska:

19 Juneau, U.S. Post Office and Courthouse, esca20 lation, $4,082,000

21 California:

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

23 San Diego, Federal Building and U.S. Court24 house, $11,023,000

25 District of Columbia:
41

HR 2403 RS

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

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

3 Georgia:

4 Atlanta, Martin Luther King Jr., Federal

5 Building, $10,063,000

6 Illinois:

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

8 Chicago, John C. Kluczynski Jr., Federal

9 Building, $13,414,000

10 Indiana:

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

12 Maryland:

13 Baltimore, George H. Fallon Federal Building,

14 escalation, $4,645,000

15 Woodlawn, SSA Operations Building,

16 $14,892,000

17 Massachusetts:

18 Boston, John F. Kennedy Federal Building

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

20 New Jersey:

21 Newark, Federal Building, 20 Washington

22 Place, $14,000,000

23 New York:

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

25 $8,886,000
42

HR 2403 RS

1 New York, Jacob K. Javits Federal Building

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

3 Nationwide:

4 Elevators, $27,022,000

5 Energy Retrofit Projects, $36,700,000

6 Facade Alterations, $10,000,000:–Provided,

7 That of the funds appropriated for Energy Retrofit

8 Projects, $6,000,000, may be used to procure and

9 install phosphoric acid fuel cells in GSA installa10 tions.

11 Capital Improvements of United States-Mexico, border

12 facilities, $6,800,000 as follows:

13 Arizona:

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

15 San Luis, commercial office space, $209,000

16 San Luis, primary lane expansion and adminis17 trative office space, $3,541,000.

18 Minor Repairs and Alterations, $270,300,000

19 $270,300,000: Provided, That additional projects for which

20 prospectuses have been fully approved may be funded

21 under this category only if advance approval is obtained

22 from the Committees on Appropriations of the House and

23 Senate: Provided further, That the difference between the

24 funds appropriated and expended on any projects in this

25 or any prior Act, under the heading ‘‘Repairs and Alter-
43

HR 2403 RS

1 ations’’, may be transferred to Minor Repairs and Alter2 ations or used to fund authorized increases in prospectus

3 projects: Provided further, That all funds for repairs and

4 alterations prospectus projects shall expire on September

5 30, 1995, and remain in the Federal Buildings Fund ex6 cept funds for projects as to which funds for design or

7 other funds have been obligated in whole or in part prior

8 to such date: Provided further, That the amount provided

9 in this or any prior Act for Minor Repairs and Alterations

10 may be used to pay claims against the Government arising

11 from any projects under the heading ‘‘Repairs and Alter12 ations’’ or used to fund authorized increases in prospectus

13 projects; (3) not to exceed $118,108,000 $119,108,000 for

14 installment acquisition payments including payments on

15 purchase contracts; (4) not to exceed $2,124,373,000

16 $2,117,421,000 for rental of space; (5) not to exceed

17 $1,231,085,000 $1,226,085,000 for real property oper18 ations; (6) not to exceed $156,613,000 for program direc19 tion and centralized services; and (7) not to exceed

20 $188,274,000 $184,081,000 for design and construction

21 services which shall remain available until expended:–Pro22 vided further, That of the funds available to the General

23 Services Administration for the Jacksonville, Florida, U.S.

24 Courthouse; Burlington, Iowa, Federal Parking Facility;

25 Beltsville, Maryland, Federal Building; Kansas City, Mis-
44

HR 2403 RS

1 souri, U.S. Courthouse; Federal Research Park, North

2 Carolina EPA Facility; Youngstown, Ohio, Federal Build3 ing and U.S. Courthouse; and Scranton, Pennsylvania,

4 Federal Building and U.S. Courthouse, shall not be avail5 able for expenses in connection with any construction, re6 pair, alteration, and acquisition project for which a pro7 spectus, if required by the Public Buildings Act of 1959,

8 as amended, has not been approved, except that necessary

9 funds may be expended for each project for required ex10 penses in connection with the development of a proposed

11 prospectus: Provided further, That with regard to the Fed12 eral Building in Beltsville, Maryland, upon repayment of

13 the Federal Buildings Fund for the cost of construction,

14 title to said property shall be vested in the United States

15 Department of Agriculture: Provided further, That for the

16 purposes of this authorization, buildings constructed pur17 suant to the purchase contract authority of the Public

18 Buildings Amendments of 1972 (40 U.S.C. 602a), build19 ings occupied pursuant to installment purchase contracts,

20 and buildings under the control of another department or

21 agency where alterations of such buildings are required

22 in connection with the moving of such other department

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

24 the control of the General Services Administration shall

25 be considered to be federally owned buildings: Provided
45

HR 2403 RS

1 further, That none of the funds available to the General

2 Services Administration, except for the line-item construc3 tion and repairs and alterations projects in this Act shall

4 be available for expenses in connection with any construc5 tion, repair, alteration, and acquisition project for which

6 a prospectus, if required by the Public Buildings Act of

7 1959, as amended, has not been approved, except that

8 necessary funds may be expended for each project for re9 quired expenses in connection with the development of a

10 proposed prospectus: Provided further, That funds avail11 able in the Federal Buildings Fund may be expended for

12 emergency repairs when advance approval is obtained

13 from the Committees on Appropriations of the House and

14 Senate: Provided further, That amounts necessary to pro15 vide reimbursable special services to other agencies under

16 section 210(f)(6) of the Federal Property and Administra17 tive Services Act of 1949, as amended (40 U.S.C.

18 490(f)(6)) and amounts to provide such reimbursable

19 fencing, lighting, guard booths, and other facilities on pri20 vate or other property not in Government ownership or

21 control as may be appropriate to enable the United States

22 Secret Service to perform its protective functions pursuant

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

24 such revenues and collections: Provided further, That reve25 nues and collections and any other sums accruing to this
46

HR 2403 RS

1 Fund during fiscal year 1994, excluding reimbursements

2 under section 210(f)(6) of the Federal Property and Ad3 ministrative Services Act of 1949 (40 U.S.C. 490(f)(6))

4 in excess of $5,185,611,000 $5,253,877,000 shall remain

5 in the Fund and shall not be available for expenditure ex6 cept as authorized in appropriations Acts.

7 FEDERAL SUPPLY SERVICE

8 OPERATING EXPENSES

9 For expenses authorized by law, not otherwise pro10 vided for, necessary for property management activities,

11 utilization of excess and disposal of surplus personal prop12 erty, rehabilitation of personal property, transportation

13 management activities, transportation audits by in-house

14 personnel, procurement, and other related supply manage15 ment activities, including services as authorized by 5

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

17 INFORMATION RESOURCES MANAGEMENT SERVICE

18 OPERATING EXPENSES

19 For expenses authorized by law, not otherwise pro20 vided for, necessary for carrying out Governmentwide and

21 internal responsibilities relating to automated data man22 agement, telecommunications, information resources man23 agement, and related activities, including services as au24 thorized by 5 U.S.C. 3109; $45,675,000: Provided, That

25 none of the funds may be used to pay the operating costs
47

HR 2403 RS

1 of the Information Security Oversight Office or any suc2 cessor organization $44,730,000.

3 FEDERAL PROPERTY RESOURCES SERVICE

4 OPERATING EXPENSES

5 For expenses, not otherwise provided for, necessary

6 for carrying out the functions of the Administrator with

7 respect to utilization of excess real property; the disposal

8 of surplus real property, the utilization survey, deed com9 pliance inspection, appraisal, environmental and cultural

10 analysis, and land use planning functions pertaining to ex11 cess and surplus real property, including services as au12 thorized by 5 U.S.C. 3109; $15,756,000.

13 GENERAL MANAGEMENT AND ADMINISTRATION

14 SALARIES AND EXPENSES

15 For necessary expenses, not otherwise provided, for

16 Policy Direction, Board of Contract Appeals, and account17 ing, records management, and other support services inci18 dent to adjudication of Indian Tribal Claims by the United

19 States Court of Claims, and services authorized by 5

20 U.S.C. 3109, $31,435,000: Provided, That this appropria21 tion shall be available for general administrative and staff

22 support services, subject to reimbursement by the applica23 ble organization or agencies pursuant to subsections (a)

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

25 Provided further, That not less than $825,000 shall be
48

HR 2403 RS

1 available for personnel and associated costs in support of

2 Congressional District and Senate State offices without

3 reimbursement from these offices: Provided further, That

4 not to exceed $5,000 shall be available for official recep5 tion and representation expenses.

6 OFFICE OF INSPECTOR GENERAL

7 For necessary expenses of the Office of Inspector

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

9 $34,925,000: Provided, That not to exceed $10,000 shall

10 be available for payment for information and detection of

11 fraud against the Government, including payment for re12 covery of stolen Government property: Provided further,

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

14 to employees of other Federal agencies and private citizens

15 in recognition of efforts and initiatives resulting in en16 hanced Office of Inspector General effectiveness.

17 ALLOWANCES AND OFFICE STAFF FOR FORMER

18 PRESIDENTS

19 For carrying out the provisions of the Act of August

20 25, 1958, as amended (3 U.S.C. 102 note), and Public

21 Law 95–138; $2,833,000: Provided, That the Adminis22 trator of General Services shall transfer to the Secretary

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

24 out the provisions of such Acts.
49

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1 GENERAL PROVISIONS—GENERAL SERVICES

2 ADMINISTRATION

3 SECTION. 1. The appropriate appropriation or fund

4 available to the General Services Administration shall be

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

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

9 SEC. 2. Funds available to the General Services Ad10 ministration shall be available for the hire of passenger

11 motor vehicles.

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

13 available in appropriations for operating expenses and sal14 aries and expenses, during the current fiscal year, may

15 be transferred between such appropriations for mandatory

16 program requirements. Any proposed transfers shall be

17 approved in advance by the Committees on Appropriations

18 of the House and Senate.

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

20 available for fiscal year 1994 for Federal Buildings Fund

21 activities may be transferred between such activities only

22 to the extent necessary to meet program requirements.

23 Any proposed transfers shall be approved in advance by

24 the Committees on Appropriations of the House and

25 Senate.
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1 SEC. 5. The Administrator of General Services shall

2 immediately cease construction and archaeological exca3 vation on the pavilion portion of the Foley Square Federal

4 Building until such time as a plan is submitted to the

5 House and Senate Committees on Appropriations for prior

6 approval. Such plan shall not result in the continued exhu7 mation of skeletal remains from the ‘‘Negro Burial

8 Ground’’ and shall be accompanied by a reprogramming

9 of sufficient funds but not more than $3,000,000 to mod10 ify the pavilion foundation of the Foley Square Federal

11 Building in New York, New York, prevent further deterio12 ration of the ‘‘Negro Burial Ground’’, and contain appro13 priate measures to memorialize the burial site. The Ad14 ministrator of General Services shall submit the plan to

15 the House and Senate Committees on Appropriations

16 within 60 days of the enactment of this Act. Nothing in

17 this section shall prohibit the continued construction on

18 the tower portion of the Foley Square Federal Building

19 project.

20 SEC. 5. For fiscal year 1993 and thereafter, at no later

21 than the end of the fifth fiscal year after the fiscal year

22 for which funds are appropriated or otherwise made avail23 able, unobligated balances of operating expenses and sala24 ries and expenses appropriations available to GSA during

25 such fiscal year may be transferred and merged into the
51

HR 2403 RS

1 ‘‘Major equipment acquisitions and development activity’’

2 of the Salaries and Expenses, General Management and Ad3 ministration appropriation account for agency-wide acqui4 sition of capital equipment, automated data processing sys5 tems, and for financial management and management in6 formation systems needed to implement the Chief Financial

7 Officers Act, Public Law 101–576, and any other laws or

8 regulations. The unobligated balances transferred shall re9 main available until expended: Provided, That any pro10 posed use of these transferred funds in fiscal year 1993 and

11 thereafter shall only be made after advance approval by the

12 Committees on Appropriations of the House and Senate.

13 SEC. 6. (a) The Act entitled ‘‘An Act to provide re14 tirement, clerical assistants, and free mailing privileges to

15 former Presidents of the United States, and for other pur16 poses’’, approved August 25, 1958 (3 U.S.C. 102 note),

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

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

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

20 available—

21 ‘‘(1) in the case of an individual who is a

22 former President on the effective date of this sec23 tion, for 5 years, commencing on such effective date;

24 and
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1 ‘‘(2) in the case of an individual who becomes

2 a former President after such effective date, for 4

3 years and 6 months, commencing at the expiration

4 of the period for which services and facilities are au5 thorized to be provided under section 4 of the Presi6 dential Transition Act of 1963 (3 U.S.C. 102

7 note).’’.

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

9 amended—

10 (1) by striking ‘‘A former President’’ and in11 serting ‘‘(a) Subject to subsection (b), a former

12 President’’; and

13 (2) by adding at the end the following new sub14 section:

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

16 ‘‘(1) 5 years after the effective date of this sub17 section, in the case of any individual who, on such

18 effective date—

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

20 individual who might become entitled to the

21 mailing privilege under subsection (a) as the

22 surviving spouse of such a former President); or

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

24 President; and
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1 ‘‘(2) 4 years and 6 months after the expiration

2 of the period for which services and facilities are au3 thorized to be provided under section 4 of the Presi4 dential Transition Act of 1963 (3 U.S.C. 102 note),

5 in the case of an individual who becomes a former

6 President after such effective date (including any

7 surviving spouse of such individual, as described in

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

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

10 shall take effect on October 1, 1993.

11 SEC. 7. Section 204 of the Federal Property and Ad12 ministrative Services Act of 1949 is amended by adding

13 a subsection (i) to provide that the Administrator may re14 tain from the proceeds of sales of personal property con15 ducted by the General Services Administration amounts

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

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

18 conducting such sales. The Administrator shall deposit

19 amounts retained into the General Supply Fund established

20 under section 109(a) of the Federal Property and Adminis21 trative Services Act of 1949 and may use such portion of

22 amounts so deposited as is necessary to pay (1) direct costs

23 incurred by the General Services Administration in con24 ducting sales of personal property, and (2) indirect costs

25 incurred by the General Services Administration that are
54

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1 reasonably related to those sales. Amounts retained that are

2 not needed to pay the direct and indirect costs incurred

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

4 from the General Supply Fund to the general fund or an5 other appropriate account in the Treasury.

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

7 the Administrator of General Services is hereby authorized

8 to acquire a site suitable to the General Services Adminis9 tration of approximately 4 acres of land in the City of Tuc10 son, Arizona for a Federal courthouse; this is to be accom11 plished through an exchange with the City of Tucson for

12 Federal real property in that city under the jurisdiction

13 of the General Services Administration.

14 SEC. 9. None of the funds appropriated by this Act

15 may be obligated or expended in any way for the purpose

16 of the sale, excessing, surplusing, or disposal of lands in

17 the vicinity of Norfork Lake, Arkansas, administered by the

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

19 specific approval of the Congress.

20 SEC. 10. None of the funds appropriated by this Act

21 may be obligated or expended in any way for the purpose

22 of the sale, excessing, surplusing, or disposal of lands in

23 the vicinity of Bull Shoals Lake, Arkansas, administered

24 by the Corps of Engineers, Department of the Army, with25 out the specific approval of the Congress.
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1 SEC. 11. The General Services Administration is di2 rected, through a sole-source procurement process, to utilize

3 lease space in an office complex to be located on the Victory

4 Optical site, One Victory Plaza, in the City of Newark,

5 County of Essex, State of New Jersey, for future long term

6 office space needs in the City of Newark and surrounding

7 area of up to 400,000 square feet of space pursuant to the

8 availability of Federal tenants; Provided, That the lease de9 scribed herein is determined to be an ‘‘operating lease’’ in

10 accordance with the Budget Enforcement Act of 1990, Pub11 lic Law 101–508. The lease rate for such office space shall

12 not exceed comparable rates for equivalent space in the sur13 rounding area or comparable rates in the office complex.

14 OFFICE OF PERSONNEL MANAGEMENT

15 SALARIES AND EXPENSES

16 (INCLUDING TRANSFER OF TRUST FUNDS)

17 For necessary expenses to carry out functions of the

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

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

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

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

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

25 reception and representation expenses, and advances for

26 reimbursements to applicable funds of the Office of Per-
56

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1 sonnel Management and the Federal Bureau of Investiga2 tion for expenses incurred under Executive Order 10422

3 of January 9, 1953, as amended: Provided, That notwith4 standing 31 U.S.C. 3302, the Director is hereby author5 ized to accept gifts of goods and services, which shall be

6 available only for hosting National Civil Service Apprecia7 tion Conferences. Goods and services provided in connec8 tion with the conference may include, but are not limited

9 to, food and refreshments; rental of seminar rooms, ban10 quet rooms, and facilities; and use of communications,

11 printing and other equipment. Awards of minimal intrinsic

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

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

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

15 exceed $1,000,000 shall be made available for the estab16 lishment of health promotion and disease prevention pro17 grams for Federal employees; and in addition $88,519,000

18 for administrative expenses, to be transferred from the ap19 propriate trust funds of the Office of Personnel Manage20 ment without regard to other statutes, including direct

21 procurement of health benefits printing, for the retirement

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

23 transferred at such times as the Office of Personnel Man24 agement deems appropriate, and shall remain available

25 until expended for the costs of automating the retirement
57

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1 recordkeeping systems, together with remaining amounts

2 authorized in previous Acts for the recordkeeping systems:

3 Provided further, That the provisions of this appropriation

4 shall not affect the authority to use applicable trust funds

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

6 States Code: Provided further, That, except as may be con7 sistent with regulations of the Office of Personnel Man8 agement prescribed pursuant to 5 U.S.C. 8902a(f)(1) and

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

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

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

12 services or supplies are provided to an individual covered

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

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

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

16 any program under title XVIII of the Social Security Act

17 (42 U.S.C. 1395 et seq.): Provided further, That no part

18 of this appropriation shall be available for salaries and ex19 penses of the Legal Examining Unit of the Office of Per20 sonnel Management established pursuant to Executive

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

22 purpose: Provided further, That the President’s Commis23 sion on White House Fellows, established by Executive

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

25 year ending September 30, 1994, accept donations of
58

HR 2403 RS

1 money, property, and personal services in connection with

2 the development of a publicity brochure to provide infor3 mation about the White House Fellows, except that no

4 such donations shall be accepted for travel or reimburse5 ment of travel expenses, or for the salaries of employees

6 of such Commission:–Provided further, That the Director

7 of the Office of Personnel Management may transfer from

8 this appropriation an amount to be determined, but not

9 exceed $300,000 to the National Advisory Council on the

10 Public Service as established by Public Law 101–363.

11 OFFICE OF INSPECTOR GENERAL

12 SALARIES AND EXPENSES

13 (INCLUDING TRANSFER OF TRUST FUNDS)

14 For necessary expenses of the Office of Inspector

15 General in carrying out the provisions of the Inspector

16 General Act, as amended, including services as authorized

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

18 $4,253,000, and in addition, not to exceed $6,514,000 for

19 administrative expenses to audit the Office of Personnel

20 Management’s retirement and insurance programs, to be

21 transferred from the appropriate trust funds of the Office

22 of Personnel Management, as determined by the Inspector

23 General: Provided, That the Inspector General is author24 ized to rent conference rooms in the District of Columbia

25 and elsewhere.
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1 GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES

2 HEALTH BENEFITS

3 For payment of Government contributions with re4 spect to retired employees, as authorized by chapter 89

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

6 Employees Health Benefits Act (74 Stat. 849), as amend7 ed, $4,146,480,000 $3,458,480,000, to remain available

8 until expended.

9 GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE

10 LIFE INSURANCE

11 For payment of Government contributions with re12 spect to employees retiring after December 31, 1989, as

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

14 $1,607,000 to remain available until expended.

15 PAYMENT TO CIVIL SERVICE RETIREMENT AND

16 DISABILITY FUND

17 For financing the unfunded liability of new and in18 creased annuity benefits becoming effective on or after Oc19 tober 20, 1969, as authorized by 5 U.S.C. 8348, and an20 nuities under special Acts to be credited to the Civil Serv21 ice Retirement and Disability Fund, such sums as may

22 be necessary: Provided, That annuities authorized by the

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

24 19, 1950, as amended (33 U.S.C. 771–75), may hereafter
60

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1 be paid out of the Civil Service Retirement and Disability

2 Fund.

3 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE

4 BLIND OR SEVERELY DISABLED

5 SALARIES AND EXPENSES

6 For necessary expenses of the Committee for Pur7 chase From People Who Are Blind or Severely Disabled

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

9 28; $1,689,000.

10 FEDERAL ELECTION COMMISSION

11 SALARIES AND EXPENSES

12 For necessary expenses to carry out the provisions

13 of the Federal Election Campaign Act of 1971, as amend14 ed; $23,564,000, of which not to exceed $5,000 shall be

15 available for reception and representation expenses.

16 FEDERAL LABOR RELATIONS AUTHORITY

17 SALARIES AND EXPENSES

18 For necessary expenses to carry out functions of the

19 Federal Labor Relations Authority, pursuant to Reorga20 nization Plan Numbered 2 of 1978, and the Civil Service

21 Reform Act of 1978, including services as authorized by

22 5 U.S.C. 3109, including hire of experts and consultants,

23 hire of passenger motor vehicles, rental of conference

24 rooms in the District of Columbia and elsewhere;

25 $21,341,000: Provided, That public members of the Fed-
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1 eral Service Impasses Panel may be paid travel expenses

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

3 (5 U.S.C. 5703) for persons employed intermittently in

4 the Government service, and compensation as authorized

5 by 5 U.S.C. 3109.

6 MERIT SYSTEMS PROTECTION BOARD

7 SALARIES AND EXPENSES

8 (INCLUDING TRANSFER OF FUNDS)

9 For necessary expenses to carry out functions of the

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

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

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

16 $24,674,000, together with not to exceed $1,989,000 for

17 administrative expenses to adjudicate retirement appeals

18 to be transferred from the Civil Service Retirement and

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

21 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

22 OPERATING EXPENSES

23 For necessary expenses in connection with National

24 Archives and Records Administration and related activi25 ties, as provided by law, and for expenses necessary for

26 the review and declassification of documents, and for the
62

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1 hire of passenger motor vehicles, $193,182,000

2 $196,482,000, of which $4,000,000 $6,000,000 for alloca3 tions and grants for historical publications and records as

4 authorized by 44 U.S.C. 2504, as amended, shall remain

5 available until expended: Provided, That the Archivist of

6 the United States is authorized to use any excess funds

7 available from the amount borrowed for construction of

8 the National Archives facility, for expenses necessary to

9 move into the facility.

10 OFFICE OF GOVERNMENT ETHICS

11 SALARIES AND EXPENSES

12 For necessary expenses to carry out functions of the

13 Office of Government Ethics pursuant to the Ethics in

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

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

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

17 rental of conference rooms in the District of Columbia and

18 elsewhere, hire of passenger motor vehicles, and not to ex19 ceed $1,500 for official reception and representation ex20 penses; $8,313,000: Provided, That notwithstanding 31

21 U.S.C. 3302, funds received from fees charged to non22 Federal participants to attend an International Con23 ference on Ethics shall be credited to and merged with

24 this account, to be available for carrying out the Con25 ference without further appropriation.
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1 OFFICE OF SPECIAL COUNSEL

2 SALARIES AND EXPENSES

3 For necessary expenses to carry out functions of the

4 Office of Special Counsel pursuant to Reorganization Plan

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

6 1978 (Public Law 95–454), and the Whistleblower Protec7 tion Act of 1989 (Public Law 101–12), including services

8 as authorized by 5 U.S.C. 3109, payment of fees and ex9 penses for witnesses, rental of conference rooms in the

10 District of Columbia and elsewhere, and hire of passenger

11 motor vehicles; $7,992,000.

12 UNITED STATES TAX COURT

13 SALARIES AND EXPENSES

14 For necessary expenses, including contract reporting

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

16 $33,650,000 $35,350,000: Provided, That travel expenses

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

18 the judge.

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

20 Appropriations Act, 1994’’.

21 TITLE V—GENERAL PROVISIONS

22 THIS ACT

23 SECTION 501. No part of any appropriation made

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

25 of real estate or for the purpose of establishing new offices
64

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

2 this limitation shall not apply to programs which have

3 been approved by the Congress and appropriations made

4 therefor.

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

6 this Act shall remain available for obligation beyond the

7 current fiscal year unless expressly so provided herein.

8 SEC. 503. The expenditure of any appropriation

9 under this Act for any consulting service through procure10 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

11 to those contracts where such expenditures are a matter

12 of public record and available for public inspection, except

13 where otherwise provided under existing law, or under ex14 isting Executive order issued pursuant to existing law.

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

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

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

18 procurement of any hand or measuring tool(s) not pro19 duced in the United States or its possessions except to

20 the extent that the Administrator of General Services or

21 his designee shall determine that a satisfactory quality and

22 sufficient quantity of hand or measuring tools produced

23 in the United States or its possessions cannot be procured

24 as and when needed from sources in the United States

25 and its possessions, or except in accordance with proce-
65

HR 2403 RS

1 dures prescribed by section 6–104.4(b) of Armed Services

2 Procurement Regulation dated January 1, 1969, as such

3 regulation existed on June 15, 1970: Provided, That a fac4 tor of 75 per centum in lieu of 50 per centum shall be

5 used for evaluating foreign source end products against

6 a domestic source end product. This section shall be appli7 cable to all solicitations for bids opened after its enact8 ment.

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

10 General Services Administration pursuant to section

11 210(f) of the Federal Property and Administrative Serv12 ices Act of 1949 shall be obligated or expended after the

13 date of enactment of this Act for the procurement by con14 tract of any service which, before such date, was per15 formed by individuals in their capacity as employees of

16 the General Services Administration in any position of

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

18 said date, would be terminated as a result of the procure19 ment of such services, except that such funds may be obli20 gated or expended for the procurement by contract of the

21 covered services with sheltered workshops employing the

22 severely handicapped under Public Law 92–28.

23 SEC. 506. None of the funds appropriated in this Act

24 may be used for administrative expenses to close the Fed-
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1 eral Information Center of the General Services Adminis2 tration located in Sacramento, California.

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

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

5 the purpose of eliminating any existing requirement for

6 sureties on customs bonds.

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

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

9 salary of any Government employee where funding an ac10 tivity or paying a salary to a Government employee would

11 result in a decision, determination, rule, regulation, or pol12 icy that would prohibit the enforcement of section 307 of

13 the 1930 Tariff Act.

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

15 Act shall be available for the purpose of transferring con16 trol over the Federal Law Enforcement Training Center

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

18 New Mexico, out of the Treasury Department.

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

20 this Act shall be used for publicity or propaganda purposes

21 within the United States not heretofore authorized by the

22 Congress.

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

24 this Act shall be available for the payment of the salary
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1 of any officer or employee of the United States Postal

2 Service, who—

3 (1) prohibits or prevents, or attempts or threat4 ens to prohibit or prevent, any officer or employee

5 of the United States Postal Service from having any

6 direct oral or written communication or contact with

7 any Member or committee of Congress in connection

8 with any matter pertaining to the employment of

9 such officer or employee or pertaining to the United

10 States Postal Service in any way, irrespective of

11 whether such communication or contact is at the ini12 tiative of such officer or employee or in response to

13 the request or inquiry of such Member or committee;

14 or

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

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

17 performance of efficiency rating, denies promotion

18 to, relocates, reassigns, transfers, disciplines, or dis19 criminates in regard to any employment right, enti20 tlement, or benefit, or any term or condition of em21 ployment of, any officer or employee of the United

22 States Postal Service, or attempts or threatens to

23 commit any of the foregoing actions with respect to

24 such officer or employee, by reason of any commu25 nication or contact of such officer or employee with
68

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1 any Member or committee of Congress as described

2 in paragraph (1) of this subsection.

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

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

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

6 an award for such achievement is otherwise payable, in

7 accordance with such sections. Such funds may not be

8 used for any purpose with respect to which the preceding

9 sentence relates beyond fiscal year 1994.

10 SEC. 513. None of the funds appropriated or other11 wise made available to the Department of the Treasury

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

13 to contract out positions in, or downgrade the position

14 classifications of, members of the United States Mint Po15 lice Force and the Bureau of Engraving and Printing Po16 lice Force, or for studying the feasibility of contracting

17 out such positions.

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

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

20 donations of supplies, services, and equipment for the Fed21 eral Executive Institute, the Federal Quality Institute,

22 and Executive Seminar Centers for the enhancement of

23 the morale and educational experience of attendees.

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

25 this Act shall be available for the procurement of, or for
69

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

2 procurement of stainless steel flatware not produced in the

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

4 the Administrator of General Services or his designee shall

5 determine that a satisfactory quality and sufficient quan6 tity of stainless steel flatware produced in the United

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

8 needed from sources in the United States or its posses9 sions or except in accordance with procedures provided by

10 section 6–104.4(b) of Armed Services Procurement Regu11 lations, dated January 1, 1969. This section shall be appli12 cable to all solicitations for bids issued after its enactment.

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

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

15 donations of money to off-set costs incurred while protect16 ing former Presidents and spouses of former Presidents

17 when the former President or spouse travels for the pur18 pose of making an appearance or speech for a payment

19 of money or any thing of value.

20 SEC. 517. None of the funds made available by this

21 Act may be used to withdraw the designation of the Vir22 ginia Inland Port at Front Royal, Virginia, as a United

23 States Customs Service port of entry.
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1 SEC. 517. Such sums as may be necessary for fiscal

2 year 1994 pay raises for programs funded by this Act shall

3 be absorbed within the levels appropriated by this Act.

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

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

6 processing capabilities from the Las Cruces, New Mexico

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

8 Postal Service to recognize the rapid rate of population

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

10 New Mexico postal facility in order that mail processing

11 can be expedited and handled in Las Cruces.

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

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

14 in the SES upon reassignment or transfer.

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

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

17 filling a position, other than a temporary position, for18 merly held by an employee who has left to enter the Armed

19 Forces of the United States and has satisfactorily com20 pleted his period of active military or naval service and

21 has within ninety days after his release from such service

22 or from hospitalization continuing after discharge for a

23 period of not more than one year made application for res24 toration to his former position and has been certified by

25 the Office of Personnel Management as still qualified to
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1 perform the duties of his former position and has not been

2 restored thereto.

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

4 United States Customs Service may be used to collect or

5 impose any land border processing fee at ports of entry

6 along the United States-Mexico border.

7 SEC. 522. None of the funds made available by this

8 Act shall be used to plan, administer, or otherwise carry

9 out a move of the Internal Revenue Service’s Automated

10 Collection Unit from the borough of Manhattan, New

11 York City, New York, without prior approval of the House

12 and Senate Appropriations Committees.

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

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

15 Bureau of the Public Debt in the Washington Metropoli16 tan Region on April 10, 1991, be used to separate, reduce

17 the grade or pay of, or carry out any other adverse person18 nel action against such individual for declining to accept

19 a directed reassignment to a position outside such region,

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

21 or functions to Parkersburg, West Virginia.

22 (b) Subsection (a) shall not apply with respect to any

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

24 Act, declines an offer of another position in the Depart-
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1 ment of the Treasury which is of at least equal pay and

2 which is within the Washington Metropolitan Region.

3 SEC. 524. In consideration of the Washington Metro4 politan Area Transit Authority (WMATA) modifying its

5 requirement for acquisition of General Services Adminis6 tration (GSA) property at the Suitland Federal Center in

7 Suitland, Maryland, GSA shall transfer to WMATA, at

8 no cost, approximately sixteen (16) acres of GSA property

9 to allow WMATA to construct its proposed Suitland Met10 rorail Station and related surface facilities. GSA will bear

11 no additional costs, as a result of this transaction. The

12 property to be transferred is located at the northeast

13 quadrant of the intersection of Suitland Parkway at Silver

14 Hill Road and is the southeastern most portion of the

15 Suitland Federal Center Complex. It is bounded by Silver

16 Hill Road on the southeast, Suitland Parkway property

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

18 existing stream valley between Suitland Parkway and the

19 historic Suitland House on the northwest and on the

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

21 the Suitland House to the existing Federal Office Building

22 along Silver Hill Road at Randall Road.

23 SEC. 524. (a) The Secretary of the Treasury shall im24 plement the plan announced by the Bureau of the Public
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1 Debt on March 19, 1991, to consolidate such Bureau’s oper2 ations in Parkersburg, West Virginia.

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

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

5 plan of the Bureau of the Public Debt.

6 SEC. 525. (a) IN GENERAL.—Notwithstanding any

7 other provision of law, including any other law which re8 quires that property of the United States be used for a

9 particular purpose, the Administrator of General Services

10 shall convey the property described in subsection (c) to

11 the State of Maryland.

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

13 section shall be—

14 (1) by quitclaim deed;

15 (2) without monetary consideration; and

16 (3) subject to such other terms and conditions

17 as the Administrator determines to be appropriate.

18 (c) PROPERTY DESCRIBED.—The property referred

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

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

21 Annes County, which—

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

23 deed dated August 25, 1970, and recorded among

24 the land records of Queen Annes County, Maryland,

25 at Liber 53, Folio 200, was granted and conveyed
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1 by the State of Maryland, Maryland State Roads

2 Commission, to the United States of America; and

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

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

5 and amended on May 26, 1992.

6 SEC. 526. None of the funds made available in this

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

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

9 organization outside of the Federal Government without

10 the approval of the House and Senate Committees on Ap11 propriations.

12 SEC. 527. The Administrator of the General Services

13 Administration, shall enter into an agreement to transfer

14 at no cost, to the City of Waltham, Massachusetts, title

15 to a parcel of land located at 424 Trapelo Road for the

16 purpose of establishing the New England Center for Envi17 ronmental Education by a nonprofit institution adjacent

18 to the site: Provided, That the Administrator and the city

19 of Waltham, shall mutually agree to the amount of land

20 to be transferred to the city for this purpose.

21 SEC. 528. COMPLIANCE WITH BUY AMERICAN ACT.

22 No funds appropriated pursuant to this Act may be

23 expended by an entity unless the entity agrees that in ex24 pending the assistance the entity will comply with sections
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1 2 through 4 of the Act of March 3, 1993 (41 U.S.C. 10a–

2 10c, popularly known as the ‘‘Buy American Act’’).

3 SEC. 529. SENSE OF CONGRESS; REQUIREMENT REGARD4 ING NOTICE.

5 (a) PURCHASE OF AMERICAN-MADE EQUIPMENT

6 AND PRODUCTS.—In the case of any equipment or prod7 ucts that may be authorized to be purchased with financial

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

9 Congress that entities receiving such assistance should, in

10 expending the assistance, purchase only American-made

11 equipment and products.

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

13 providing financial assistance under this Act, the Sec14 retary of the Treasury shall provide to each recipient of

15 the assistance a notice describing the statement made in

16 subsection (a) by the Congress.

17 SEC. 530. PROHIBITION OF CONTRACTS.

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

19 agency that any person intentionally affixed a label bear20 ing a ‘‘Made in America’’ inscription, or any inscription

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

22 to the United States that is not made in the United

23 States, such person shall be ineligible to receive any con24 tract or subcontract made with funds provided pursuant

25 to this Act, pursuant to the debarment, suspension, and
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1 ineligibility procedures described in section 9.400 through

2 9.409 of title 48, Code of Federal Regulations.

3 SEC. 531. (a) Notwithstanding any other provision of

4 law, including any law which requires that property of the

5 United States be used for a particular purpose, the Admin6 istrator of General Services shall transfer to the Secretary

7 of the Interior jurisdiction over the 1.9592 acres of land,

8 and any related structures, located at the southwest corner

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

10 Mexico, and described as follows:

11 A tract of land being within the original Old Indian

School Boundary and situated within the east half (E1 12 ⁄2),

13 Section 7, T. sec. 10 N., R. 3E, New Mexico Principal Me14 ridian, Bernalillo County, New Mexico, being more particu15 larly described by metes and bounds as follows:

16 Beginning at the southwest corner of said tract being

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

18 and the southerly line of the original 1905 Indian School

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

20 A, cor. 1’’, ‘‘KEENE 8489’’; Whence from said point of be21 ginning, the New Mexico State Highway Triangulation

22 Station I–40–15, having an established coordinate of

23 Y=1,494,103.76 and X=378,204.72, central zone on the

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

25 12°19′44′′E., and is a distance of 927.86 feet; Thence N.
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1 08°26′59′′ E. 79.89 feet along the said easterly right-of-way

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

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

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

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

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

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

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

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

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

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

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

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

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

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

16 an area of 1.9592 acres.

17 (b) Lands and related structures described in sub18 section (a) shall, on and after the transfer of jurisdiction

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

20 in trust for the benefit and use of the Nineteen Indian Pueb21 lo Tribes of New Mexico comprising the All Indian Pueblo

22 Council as tenants in common.

23 (c) The transfer of the property described in subsection

24 (a) shall be without monetary consideration.
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1 (d) Lands and related structures held in trust for the

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

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

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

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

6 tribe, including exemption from taxes imposed by any

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

8 shall be exempt from any associated land use regulation im9 posed by any such governmental entity.

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

11 the Nineteen Indian Pueblo Tribes of New Mexico of the

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

13 conjunction with their existing plans for the economic devel14 opment of the former Albuquerque Indian School property

15 conveyed as trust lands on January 15, 1993.

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

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

18 1. Pueblo of Acoma.

19 2. Pueblo of Isleta.

20 3. Pueblo of Laguna.

21 4. Pueblo of Picuris.

22 5. Pueblo of San Felipe.

23 6. Pueblo of San Ildefonso.

24 7. Pueblo of San Juan.

25 8. Pueblo of Santo Domingo.
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1 9. Pueblo of Tesuque.

2 10. Pueblo of Zuni.

3 11. Pueblo of Cochiti.

4 12. Pueblo of Jemez.

5 13. Pueblo of Nambe.

6 14. Pueblo of Pojoaque.

7 15. Pueblo of Sandia.

8 16. Pueblo of Santa Ana.

9 17. Pueblo of Santa Clara.

10 18. Pueblo of Taos.

11 19. Pueblo of Zia.

12 SEC. 532. (a) IN GENERAL.—Notwithstanding any

13 other provision of law, including any other law which re14 quires that property of the United States be used for a par15 ticular purpose, the real property described in subsection

16 (c) shall be conveyed to the United States Park Service, De17 partment of the Interior, by the Administrator of General

18 Services at such time as the property is reported to the Gen19 eral Services Administration for disposal as excess to the

20 needs of the Air Force.

21 (b) TERMS.—A conveyance of property under this sec22 tion shall be without monetary consideration, and subject

23 to such other terms and conditions as the Administrator

24 determines to be appropriate.
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1 (c) PROPERTY DESCRIBED.—The real property re2 ferred to in subsection (a) is that part of the Holbrook

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

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

6 and more particularly described as:

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

8 Townhomes Subdivision, a subdivision recorded in

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

10 Navajo County, Arizona; Except an undivided one11 half interest in all oil, gas, coal, and other hydro-car12 bon substances and minerals as reserved in instru13 ment recorded in Docket 68 at Page 171 in said offi14 cial records;

15 Containing 8.00 acres, more or less.

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

17 10A, 11A, and 12B of the Cholla Townhomes Condomin18 ium, a subdivision recorded in Book 14 of Plats at Page

19 20 in the official records of Navajo County, Arizona, and

20 any other buildings and improvements thereon and all

21 rights, hereditaments, easements, and appurtenances there22 unto belonging or in anywise appertaining.

23 Subject, however, to existing easements for public roads

24 and highways, public utilities, railroads, and pipelines,
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1 and subject to the following outstanding exceptions and

2 rights:

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

4 coal or other hydro-carbon substances and minerals

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

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

7 be necessary for the proper exploration, mining or

8 otherwise extracting and removing said oil, gas, coal

9 or other hydro-carbon substances and minerals as re10 served in instrument recorded in Docket 68 at Page

11 171, official records of Navajo County, Arizona.

12 Easements as shown on the plat of Cholla

13 Townhomes subdivision recorded in Book 14 of Plats

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

15 Arizona.

16 Easements and right incident thereto for sewer

17 purposes as set forth in instrument recorded in Dock18 et 601 at Page 924 of the official records of Navajo

19 County, Arizona.

20 Easements created by and the effect of the Dec21 laration of Horizontal Property Regime recorded in

22 Docket 679 at Page 773 in the official records of Nav23 ajo County, Arizona, and Certificate of Correction re24 corded in Docket 678 at Page 815 in said official

25 records.
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1 Easement and rights incident thereto for electric

2 lines as set forth in instrument recorded in Docket

3 883 at Page 213 of the official records of Navajo

4 County, Arizona.

5 Liabilities and obligations imposed upon said

6 land by reason of its inclusion within the Navajo

7 County Flood Control District.

8 TITLE VI—GOVERNMENTWIDE GENERAL

9 PROVISIONS

10 DEPARTMENTS, AGENCIES, AND CORPORATIONS

11 SECTION 601. Funds appropriated in this or any

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

13 for the immediate family of employees serving abroad in

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

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

16 of the United States receiving appropriated funds under

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

18 or expend any such funds, unless such department, agen19 cy, or instrumentality has in place, and will continue to

20 administer in good faith, a written policy designed to en21 sure that all of its workplaces are free from the illegal

22 use, possession, or distribution of controlled substances

23 (as defined in the Controlled Substances Act) by the offi24 cers and employees of such department, agency, or instru25 mentality.
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1 SEC. 603. Notwithstanding the provisions of the Act

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

3 1345), any agency, department or instrumentality of the

4 United States which provides or proposes to provide child

5 care services for Federal employees may reimburse any

6 Federal employee or any person employed to provide such

7 services for travel, transportation, and subsistence ex8 penses incurred for training classes, conferences or other

9 meetings in connection with the provision of such services:

10 Provided, That any per diem allowance made pursuant to

11 this section shall not exceed the rate specified in regula12 tions prescribed pursuant to section 5707 of title 5,

13 United States Code.

14 SEC. 604. Unless otherwise specifically provided, the

15 maximum amount allowable during the current fiscal year

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

17 (60 Stat. 810), for the purchase of any passenger motor

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

19 and undercover surveillance vehicles), is hereby fixed at

20 $7,100 except station wagons for which the maximum

21 shall be $8,100: Provided, That these limits may be ex22 ceeded by not to exceed $3,700 for police-type vehicles,

23 and by not to exceed $4,000 for special heavy-duty vehi24 cles: Provided further, That the limits set forth in this sec25 tion may not be exceeded by more than five percent for
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1 electric or hybrid vehicles purchased for demonstration

2 under the provisions of the Electric and Hybrid Vehicle

3 Research, Development, and Demonstration Act of 1976:

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

5 may be exceeded by the incremental cost of clean alter6 native fuels vehicles acquired pursuant to Public Law

7 101–549 over the cost of comparable conventionally fueled

8 vehicles.

9 SEC. 605. Appropriations of the executive depart10 ments and independent establishments for the current fis11 cal year available for expenses of travel or for the expenses

12 of the activity concerned, are hereby made available for

13 quarters allowances and cost-of-living allowances, in ac14 cordance with 5 U.S.C. 5992–24.

15 SEC. 606. Unless otherwise specified during the cur16 rent fiscal year no part of any appropriation contained in

17 this or any other Act shall be used to pay the compensa18 tion of any officer or employee of the Government of the

19 United States (including any agency the majority of the

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

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

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

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

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

25 for citizenship, has filed a declaration of intention to be-
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1 come a citizen of the United States prior to such date and

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

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

4 from Cuba, Poland, South Vietnam, or the Baltic coun5 tries lawfully admitted to the United States for permanent

6 residence, or (5) South Vietnamese, Cambodian, and Lao7 tian refugees paroled in the United States after January

8 1, 1975, or (6) nationals of the People’s Republic of China

9 protected by Executive Order Number 12711 of April 11,

10 1990: Provided, That for the purpose of this section, an

11 affidavit signed by any such person shall be considered

12 prima facie evidence that the requirements of this section

13 with respect to his or her status have been complied with:

14 Provided further, That any person making a false affidavit

15 shall be guilty of a felony, and, upon conviction, shall be

16 fined no more than $4,000 or imprisoned for not more

17 than one year, or both: Provided further, That the above

18 penal clause shall be in addition to, and not in substitution

19 for any other provisions of existing law: Provided further,

20 That any payment made to any officer or employee con21 trary to the provisions of this section shall be recoverable

22 in action by the Federal Government. This section shall

23 not apply to citizens of Ireland, Israel, the Republic of

24 the Philippines or to nationals of those countries allied

25 with the United States in the current defense effort, or
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1 to international broadcasters employed by the U.S. Infor2 mation Agency, or to temporary employment of trans3 lators, or to temporary employment in the field service

4 (not to exceed sixty days) as a result of emergencies.

5 SEC. 607. Appropriations available to any depart6 ment or agency during the current fiscal year for nec7 essary expenses, including maintenance or operating ex8 penses, shall also be available for payment to the General

9 Services Administration for charges for space and services

10 and those expenses of renovation and alteration of build11 ings and facilities which constitute public improvements

12 performed in accordance with the Public Buildings Act of

13 1959 (73 Stat. 749), the Public Buildings Amendments

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

15 SEC. 608. Funds made available by this or any other

16 Act for administrative expenses in the current fiscal year

17 of the corporations and agencies subject to chapter 91 of

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

19 to objects for which such funds are otherwise available,

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

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

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

23 expenditure of such funds unless otherwise specified in the

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

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

2 funds, the limitations on administrative expenses shall be

3 correspondingly reduced.

4 SEC. 609. No part of any appropriation for the cur5 rent fiscal year contained in this or any other Act shall

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

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

8 voted not to approve the nomination of said person.

9 SEC. 610. Pursuant to section 1415 of the Act of

10 July 15, 1952 (66 Stat. 662), foreign credits (including

11 currencies) owed to or owned by the United States may

12 be used by Federal agencies for any purpose for which

13 appropriations are made for the current fiscal year (in14 cluding the carrying out of Acts requiring or authorizing

15 the use of such credits), only when reimbursement therefor

16 is made to the Treasury from applicable appropriations

17 of the agency concerned: Provided, That such credits re18 ceived as exchanged allowances or proceeds of sales of per19 sonal property may be used in whole or part payment for

20 acquisition of similar items, to the extent and in the

21 manner authorized by law, without reimbursement to the

22 Treasury.

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

24 this or any other Act shall be available for interagency

25 financing of boards, commissions, councils, committees, or
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1 similar groups (whether or not they are interagency enti2 ties) which do not have a prior and specific statutory ap3 proval to receive financial support from more than one

4 agency or instrumentality.

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

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

7 be available for employment of guards for all buildings and

8 areas owned or occupied by the Postal Service and under

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

10 guards shall have, with respect to such property, the pow11 ers of special policemen provided by the first section of

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

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

14 the Postal Service, the Postmaster General may take the

15 same actions as the Administrator of General Services

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

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

18 318a, 318b), attaching thereto penal consequences under

19 the authority and within the limits provided in section 4

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

21 40 U.S.C. 318c).

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

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

24 administer, or enforce any regulation which has been dis25 approved pursuant to a resolution of disapproval duly
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1 adopted in accordance with the applicable law of the

2 United States.

3 SEC. 614. No part of any appropriation contained in,

4 or funds made available by, this or any other Act, shall

5 be available for any agency to pay to the Administrator

6 of the General Services Administration a higher rate per

7 square foot for rental of space and services (established

8 pursuant to section 210(j) of the Federal Property and

9 Administrative Services Act of 1949, as amended) than

10 the rate per square foot established for the space and serv11 ices by the General Services Administration for the fiscal

12 year for which appropriations were granted.

13 SEC. 615. (a)(1) Notwithstanding any other provision

14 of law, no part of any of the funds appropriated for the

15 fiscal year ending on September 30, 1994, by this or any

16 other Act, may be used to pay any prevailing rate em17 ployee described in section 5342(a)(2)(A) of title 5, United

18 States Code—

19 (A) during the period from the date of expira20 tion of the limitation imposed by section 616 of the

21 Treasury, Postal Service, and General Government

22 Appropriations Act, 1993, until the first day of the

23 first applicable pay period that begins on or after

24 July 1, 1994, in an amount that exceeds the rate

25 payable for the applicable grade and step of the ap-
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1 plicable wage schedule in accordance with such sec2 tion 616; and

3 (B) during the period consisting of the remain4 der of fiscal year 1994, in an amount that exceeds,

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

6 payable under paragraph (1) by more than the per7 centage adjustment taking effect in fiscal year 1994

8 under section 5304 of title 5, United States Code (if

9 any) with respect to General Schedule positions lo10 cated within the boundaries of the wage area (or

11 local wage area, as applicable) of such prevailing

12 rate employee.

13 (2) If the application of paragraph (1)(B) with re14 spect to a particular wage area (or local wage area) would

15 cause more than 1 percentage limitation being applicable

16 with respect to such area, rates for prevailing rate employ17 ees (as described in paragraph (1)) within such area shall

18 be subject to such limitation or limitations as shall apply

19 under regulations prescribed by the Office of Personnel

20 Management, in an amount that exceeds the rate payable

21 for the applicable grade and step of the applicable wage

22 schedule in accordance with section 616 of the Treasury,

23 Postal Service, and General Government Appropriations

24 Act, 1993, on the last day of the limitation imposed by such

25 section 616, except as provided under paragraph (2).
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1 (2)(A) If, during the fiscal year ending on September

2 30, 1994, employees under the General Schedule receive a

3 pay adjustment under section 5303 of title 5, United States

4 Code, or locality-based comparability payments under sec5 tion 5304 of such title 5, the Office of Personnel Manage6 ment shall, in accordance with the provisions of this para7 graph, provide for adjustments for wage schedules and rates

8 for employees described in section 5342(a)(2)(A) of such

9 title 5 that are equitable in timing and amount in relation

10 to the adjustment and payments under sections 5303 and

11 5304.

12 (B) In determining what adjustments would be equi13 table under this paragraph, the Office shall compare the re14 duction in the average pay disparity (as that term is de15 fined in section 5302(6) of title 5) resulting from the adjust16 ment and payments under sections 5303 and 5304 with the

17 disparity in each wage area between the rates payable

18 under section 616 of the Treasury, Postal Service, and Gen19 eral Government Appropriations Act, 1993, and the pre20 vailing wage rates in such wage area as determined under

21 the provisions of subchapter IV of chapter 53 of title 5, as

22 in effect on the date of enactment of this Act.

23 (C) The Office shall discuss with and consider the

24 views of the Federal Prevailing Rate Advisory Committee
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1 in carrying out the Office’s responsibilities under this para2 graph.

3 (D) Not later than January 1, 1994, the Office shall

4 submit a report to the Senate and House Committees on

5 Appropriations setting forth the Office’s plan for providing

6 adjustments under this paragraph. Such report shall in7 clude the views of the Federal Prevailing Rate Advisory

8 Committee, and the individual views of any member of such

9 Advisory Committee.

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

11 prevailing rate employee described in subparagraph (B) or

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

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

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

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

16 be payable under subsection (a) were subsection (a) appli17 cable to such employee.

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

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

20 is paid from a schedule that was not in existence on Sep21 tember 30, 1993, shall be determined under regulations

22 prescribed by the Office of Personnel Management.

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

24 of premium pay for employees subject to this section may

25 not be changed from the rates in effect on September 30,
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1 1993, except to the extent determined by the Office of

2 Personnel Management to be consistent with the purpose

3 of this section.

4 (e) The provisions of this section shall apply with re5 spect to pay for services performed by any affected em6 ployee on or after October 1, 1993.

7 (f) For the purpose of administering any provision

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

9 Code, and any rule or regulation, that provides premium

10 pay, retirement, life insurance, or any other employee ben11 efit) that requires any deduction or contribution, or that

12 imposes any requirement or limitation, on the basis of a

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

14 payable after the application of this section shall be treat15 ed as the rate of salary or basic pay.

16 (g) Nothing in this section shall be considered to per17 mit or require the payment to any employee covered by

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

19 payable were this section not in effect.

20 (h) The Office of Personnel Management may pre21 scribe any regulations which may be necessary to carry

22 out this section.

23 SEC. 616. During the period in which the head of

24 any department or agency, or any other officer or civilian

25 employee of the Government appointed by the President
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1 of the United States, holds office, no funds may be obli2 gated or expended in excess of $5,000 to furnish or re3 decorate the office of such department head, agency head,

4 officer or employee, or to purchase furniture or make im5 provements for any such office, unless advance notice of

6 such furnishing or redecoration is expressly approved by

7 the Committees on Appropriations of the House and Sen8 ate. For the purposes of this section the word ‘‘office’’

9 shall include the entire suite of offices assigned to the indi10 vidual, as well as any other space used primarily by the

11 individual or the use of which is directly controlled by the

12 individual.

13 SEC. 617. (a) Notwithstanding the provisions of sec14 tions 112 and 113 of title 3, United States Code, each

15 Executive agency detailing any personnel shall submit a

16 report on an annual basis in each fiscal year to the Senate

17 and House Committees on Appropriations on all employ18 ees or members of the armed services detailed to Executive

19 agencies, listing the grade, position, and offices of each

20 person detailed and the agency to which each such person

21 is detailed.

22 (b) The provisions of this section shall not apply to

23 Federal employees or members of the armed services de24 tailed to or from—

25 (1) the Central Intelligence Agency;
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1 (2) the National Security Agency;

2 (3) the Defense Intelligence Agency;

3 (4) the offices within the Department of De4 fense for the collection of specialized national foreign

5 intelligence through reconnaissance programs;

6 (5) the Bureau of Intelligence and Research of

7 the Department of State;

8 (6) any agency, office, or unit of the Army,

9 Navy, Air Force, and Marine Corps, the Federal Bu10 reau of Investigation and the Drug Enforcement Ad11 ministration of the Department of Justice, the De12 partment of the Treasury, the Department of Trans13 portation, and the Department of Energy perform14 ing intelligence functions; and

15 (7) the Director of Central Intelligence.

16 (c) The exemptions in part (b) of this section are not

17 intended to apply to information on the use of personnel

18 detailed to or from the intelligence agencies which is cur19 rently being supplied to the Senate and House Intelligence

20 and Appropriations Committees by the executive branch

21 through budget justification materials and other reports.

22 (d) For the purposes of this section, the term ‘‘Exec23 utive agency’’ has the same meaning as defined under sec24 tion 105 of title 5, United States Code (except that the

25 provisions of section 104(2) of title 5, United States Code,
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1 shall not apply) and includes the White House Office, the

2 Executive Residence, and any office, council, or organiza3 tional unit of the Executive Office of the President.

4 SEC. 618. No funds appropriated in this or any other

5 Act for fiscal year 1994 may be used to implement or en6 force the agreements in Standard Forms 312 and 4355

7 of the Government or any other nondisclosure policy, form

8 or agreement if such policy, form or agreement does not

9 contain the following provisions:

10 ‘‘These restrictions are consistent with and do not su11 persede conflict with or otherwise alter the employee obli12 gations, rights or liabilities created by Executive Order

13 12356; section 7211 of title 5, United States Code (gov14 erning disclosures to Congress); section 1034 of title 10,

15 United States Code, as amended by the Military Whistle16 blower Protection Act (governing disclosure to Congress

17 by members of the military); section 2302(b)(8) of title

18 5, United States Code, as amended by the Whistleblower

19 Protection Act (governing disclosures of illegality, waste,

20 fraud, abuse or public health or safety threats); the Intel21 ligence Identities Protection Act of 1982 (50 U.S.C. 421

22 et seq.) (governing disclosures that could expose confiden23 tial Government agents), and the statutes which protect

24 against disclosure that may compromise the national secu25 rity, including sections 641, 793, 794, 798, and 952 of
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1 title 18, United States Code, and section 4(b) of the Sub2 versive Activities Act of 1950 (50 U.S.C. section 783(b)).

3 The definitions, requirements, obligations, rights, sanc4 tions and liabilities created by said Executive Order and

5 listed statutes are incorporated into this Agreement and

6 are controlling.’’.

7 SEC. 619. Notwithstanding any other provision of

8 law, no executive branch agency shall purchase, construct,

9 and/or lease any additional facilities, except within or con10 tiguous to existing locations, to be used for the purpose

11 of conducting Federal law enforcement training without

12 the advance approval of the House and Senate Committees

13 on Appropriations.

14 SEC. 620. (a) None of the funds appropriated by this

15 or any other Act may be expended by any Federal agency

16 to procure any product or service that is subject to the

17 provisions of Public Law 89–306 and that will be available

18 under the procurement by the Administrator of General

19 Services known as ‘‘FTS2000’’ unless—

20 (1) such product or service is procured by the

21 Administrator of General Services as part of the

22 procurement known as ‘‘FTS2000’’; or

23 (2) that agency establishes to the satisfaction of

24 the Administrator of General Services that—
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1 (A) the agency’s requirements for such

2 procurement are unique and cannot be satisfied

3 by property and service procured by the Admin4 istrator of General Services as part of the pro5 curement known as ‘‘FTS2000’’; and

6 (B) the agency procurement, pursuant to

7 such delegation, would be cost-effective and

8 would not adversely affect the cost-effectiveness

9 of the FTS2000 procurement.

10 (b) After July 31, 1994, subsection (a) shall apply

11 only if the Administrator of General Services has reported

12 that the FTS2000 procurement is producing prices that

13 allow the Government to satisfy its requirements for such

14 procurement in the most cost-effective manner.

15 SEC. 620. Subsections (c) and (d) of section 3726 of

16 title 31 U.S.C. are amended to read as follows:

17 ‘‘(c) Expenses of transportation audit postpayment

18 contracts and contract administration, and the expenses of

19 all other transportation audit and audit-related functions

20 conferred upon the Administrator of General Services, shall

21 be financed from overpayments collected from carriers on

22 transportation bills paid by the Government and other

23 similar type refunds, not to exceed collections. Payment to

24 any contractor for audit services shall not exceed 50 percent

25 of the overpayment identified by contract audit.
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1 ‘‘(d) At least annually, and as determined by the Ad2 ministrator, after making adequate provision for expense

3 of refunds to carriers, transportation audit postpayment

4 contracts, contract administration, and other expenses au5 thorized in subsection (c), overpayments collected by the

6 General Services Administration shall be transferred to

7 miscellaneous receipts of the Treasury. A report of receipts,

8 disbursements, and transfers (to miscellaneous receipts)

9 pursuant to this section shall be made annually in connec10 tion with the budget estimates to the Director of the Office

11 of Management and Budget and to the Congress.’’.

12 SEC. 621. (a) No amount of any grant made by a

13 Federal agency shall be used to finance the acquisition of

14 goods or services (including construction services) unless

15 the recipient of the grant agrees, as a condition for the

16 receipt of such grant, to—

17 (1) specify in any announcement of the award18 ing of the contract for the procurement of the goods

19 and services involved (including construction serv20 ices) the amount of Federal funds that will be used

21 to finance the acquisition; and

22 (2) express the amount announced pursuant to

23 paragraph (1) as a percentage of the total costs of

24 the planned acquisition.
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1 (b) The requirements of subsection (a) shall not apply

2 to a procurement for goods or services (including construc3 tion services) that has an aggregate value of less than

4 $500,000.

5 SEC. 622. Notwithstanding section 1346 of title 31,

6 United States Code, or section 611 of this Act, funds

7 made available for fiscal year 1994 by this or any other

8 Act shall be available for the interagency funding of na9 tional security and emergency preparedness telecommuni10 cations initiatives which benefit multiple Federal depart11 ments, agencies, or entities, as provided by Executive

12 Order Numbered 12472 (April 3, 1984).

13 SEC. 623. Notwithstanding any provisions of this or

14 any other Act, during the fiscal year ending September

15 30, 1994, any department, division, bureau, or office may

16 use funds appropriated by this or any other Act to install

17 telephone lines, necessary equipment, and to pay monthly

18 charges, in any private residence or private apartment of

19 an employee who has been authorized to work at home

20 in accordance with guidelines issued by the Office of Per21 sonnel Management: Provided, That the head of the de22 partment, division, bureau, or office certifies that ade23 quate safeguards against private misuse exist, and that

24 the service is necessary for direct support of the agency’s

25 mission.
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1 SEC. 624. (a) None of the funds appropriated by this

2 or any other Act may be obligated or expended by any

3 Federal department, agency, or other instrumentality for

4 the salaries or expenses of any employee appointed to a

5 position of a confidential or policy-determining character

6 excepted from the competitive service pursuant to section

7 3302 of title 5, United States Code, without a certification

8 to the Office of Personnel Management from the head of

9 the Federal department, agency, or other instrumentality

10 employing the Schedule C appointee that the Schedule C

11 position was not created solely or primarily in order to

12 detail the employee to the White House.

13 (b) The provisions of this section shall not apply to

14 Federal employees or members of the armed services de15 tailed to or from—

16 (1) the Central Intelligence Agency;

17 (2) the National Security Agency;

18 (3) the Defense Intelligence Agency;

19 (4) the offices within the Department of De20 fense for the collection of specialized national foreign

21 intelligence through reconnaissance programs;

22 (5) the Bureau of Intelligence and Research of

23 the Department of State;

24 (6) any agency, office, or unit of the Army,

25 Navy, Air Force, and Marine Corps, the Federal Bu-
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1 reau of Investigation and the Drug Enforcement Ad2 ministration of the Department of Justice, the De3 partment of the Treasury, and the Department of

4 Energy performing intelligence functions; and

5 (7) the Director of Central Intelligence.

6 SEC. 625. None of the funds appropriated by this or

7 any other Act may be used to relocate the Department

8 of Justice Immigration Judges from offices located in

9 Phoenix, Arizona to new quarters in Florence, Arizona

10 without the prior approval of the House and Senate Com11 mittees on Appropriations.

12 SEC. 626. None of the funds made available in this

13 Act for ‘‘Allowances and Office Staff for Former Presi14 dents’’ may be used for partisan political activities.

15 SEC. 627. Section 635 of the Public Law 102–393 is

16 amended in paragraph (c)(2) by striking ‘‘1993’’ and in17 serting ‘‘1994’’.

18 SEC. 628. Section 404 of the Federal Employees Pay

19 Comparability Act of 1990 is amended by striking ‘‘Wash20 ington, DC–MD–VA Metropolitan Statistical Area’’ and in21 serting in its place, ‘‘Washington-Baltimore DC–MD–VA–

22 WV Consolidated Metropolitan Statistical Area’’.

23 SEC. 629. Paragraphs (c), (d), and (e) of section 6962j

24 of U.S.C. 42, are amended to read as follows:
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1 ‘‘(c) For purposes of this section, ‘recycled cartridge’

2 means a laser printer, photocopier, facsimile machine, or

3 microphotographic toner cartridge which has been remanu4 factured in the United States.

5 ‘‘(d) Not less than 50 percent of cartridge procurement

6 requirements shall be achieved by a set-aside for small busi7 ness concerns, the remainder shall be acquired through the

8 use of unrestricted full and open competition. The provision

9 of this paragraph shall not affect current law with respect

10 to Federal Prison Industries, Inc. (UNICOR) or Organiza11 tions for the Blind or Other Severely Handicapped (NIB/

12 NISH).

13 ‘‘(e) For the purpose of this section ‘small business con14 cern’ has the meaning given such term in the Small Busi15 ness Act (U.S.C. 632(a))’’.

16 SEC. 630. No department, agency, or instrumentality

17 of the United States receiving appropriated funds under

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

19 expend any such funds, unless such department, agency or

20 instrumentality has in place by July 1, 1994, and will con21 tinue to administer in good faith, a written policy designed

22 to ensure that all of its workplaces are free from discrimina23 tion and sexual harassment and that all of its workplaces

24 are not in violation of title VII of the Civil Rights Act of
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1 1964, as amended, the Age Discrimination in Employment

2 Act of 1967, and the Rehabilitation Act of 1973.

3 TITLE VII—REVENUE FORGONE REFORM

4 SHORT TITLE; TABLE OF CONTENTS

5 SEC. 701. (a) SHORT TITLE.—This title may be cited

6 as the ‘‘Revenue Forgone Reform Act’’.

7 (b) TABLE OF CONTENTS.—The table of contents for

8 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.

9 REFERENCES

10 SEC. 702. Except as otherwise expressly provided,

11 whenever in this title an amendment or repeal is expressed

12 in terms of an amendment to, or a repeal of, a section or

13 other provision, the reference shall be considered to be made

14 to a section or other provision of title 39, United States

15 Code.

16 REPEAL OF AUTHORIZATION OF APPROPRIATIONS FOR

17 MAIL SENT AT REDUCED RATES OF POSTAGE

18 SEC. 703. (a) IN GENERAL.—Section 2401(c) is

19 amended—

20 (1) in the first sentence—
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1 (A) by striking ‘‘if sections’’ through ‘‘had

2 not been enacted’’ and inserting ‘‘if sections

3 3217, 3403 through 3406, and 3629 had not been

4 enacted’’; and

5 (B) by striking ‘‘such sections and Acts.’’

6 and inserting ‘‘such sections.’’; and

7 (2) in the second sentence—

8 (A) by striking ‘‘(i)’’; and

9 (B) by striking ‘‘volume;’’ through ‘‘sched10 ules.’’ and inserting ‘‘volume.’’.

11 (b) APPLICABILITY.—The amendments made by sub12 section (a) shall apply with respect to appropriations for

13 fiscal years beginning after September 30, 1993.

14 ESTABLISHING REDUCED RATES OF POSTAGE

15 SEC. 704. (a) RATES.—

16 (1) IN GENERAL.—Section 3626(a) is amended

17 to read as follows:

18 ‘‘(a)(1) Except as otherwise provided in this section,

19 rates of postage for a class of mail or kind of mailer under

20 former section 4358, 4452(b), 4452(c), 4454(b), or 4454(c)

21 of this title shall be established in accordance with the ap22 plicable provisions of this chapter.

23 ‘‘(2) For the purpose of this subsection—

24 ‘‘(A) the term ‘costs attributable’, as used with

25 respect to a class of mail or kind of mailer, means the

26 direct and indirect postal costs attributable to such
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1 class of mail or kind of mailer (excluding any other

2 costs of the Postal Service): Provided, That with re3 spect to mail under former section 4452(b) and

4 4452(c) of this title, such attributable costs shall be

5 allocated between letter-shaped mail and non-letter6 shaped mail, as such types of mail are defined in the

7 associated classification and rate schedules, in a man8 ner that will at a minimum preserve the difference

9 between the basic rate for non-letter-shaped mail and

10 the basic price rate for letter-shaped mail established

11 under title II of Public Law No. 102–141, the Postal

12 Service Appropriations Act, 1992;’’.

13 ‘‘(B) the term ‘regular-rate category’ means any

14 class of mail or kind of mailer, other than a class or

15 kind referred to in paragraph (2)(A) or section

16 2401(c); and

17 ‘‘(C) the term ‘institutional-costs contribution’,

18 as used with respect to a class of mail or kind of

19 mailer, means that portion of the estimated revenues

20 to the Postal Service from such class of mail or kind

21 of mailer which remains after subtracting an amount

22 equal to the estimated costs attributable to such class

23 of mail or kind of mailer.

24 ‘‘(3)(A) Except as provided in paragraph (4) or (5),

25 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), 4554(b), or 4554(c)

2 of this title shall be established in a manner such that the

3 estimated revenues to be received by the Postal Service from

4 such class of mail or kind of mailer shall be equal to the

5 sum of—

6 ‘‘(i) the estimated costs attributable to such class

7 of mail or kind of mailer; and

8 ‘‘(ii) the product derived by multiplying the esti9 mated costs referred to in clause (i) by the applicable

10 percentage under subparagraph (B).

11 ‘‘(B) The applicable percentage for any class of mail

12 or kind of mailer referred to in subparagraph (A) shall be

13 the product derived by multiplying—

14 ‘‘(i) the percentage which, for the most closely

15 corresponding regular-rate category, the institutional16 costs contribution for such category represents relative

17 to the estimated costs attributable to such category of

18 mail, times

19 ‘‘(ii)(I) one-twelfth, for fiscal year 1994;

20 ‘‘(II) one-sixth, for fiscal year 1995;

21 ‘‘(III) one-fourth, for fiscal year 1996;

22 ‘‘(IV) one-third, for fiscal year 1997;

23 ‘‘(V) five-twelfths, for fiscal year 1998; and

24 ‘‘(VI) one-half, for any fiscal year after fiscal

25 year 1998.
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1 ‘‘(C) Temporary special authority to permit the timely

2 implementation of the preceding provisions of this para3 graph is provided under section 3642.

4 ‘‘(D) For purposes of establishing rates of postage

5 under this subchapter for any of the classes of mail or kinds

6 of mailers referred to in subparagraph (A), subclauses (I)

7 through (V) of subparagraph (B)(ii) shall be deemed

8 amended by striking the fraction specified in each such

9 subclause and inserting ‘one-half’.

10 ‘‘(4) The rates for the advertising portion of any mail

11 matter under former section 4358(d) or 4358(e) of this title

12 shall be equal to the rates for the advertising portion of the

13 most closely corresponding regular-rate category of mail, ex14 cept that if the advertising portion does not exceed 10 per15 cent of the issue of the publication involved, the advertising

16 portion shall be subject to the same rates as apply to the

17 nonadvertising portion.

18 ‘‘(5) The rates for any advertising under former sec19 tion 4358(f) of this title shall be equal to 75 percent of the

20 rates for advertising contained in the most closely cor21 responding regular-rate category of mail.’’.

22 (2) SPECIAL AUTHORITY.—Subchapter III of

23 chapter 36 is amended by adding at the end the fol24 lowing:
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1 ‘‘§ 3642. Special authority relating to reduced-rate

2 categories of mail

3 ‘‘(a) In order to permit the timely implementation of

4 section 3626(a)(2), the Postal Service may establish tem5 porary rates of postage for any class of mail or kind of

6 mailer referred to in section 3626(a)(3)(A).

7 ‘‘(b) Any exercise of authority under this section shall

8 be in conformance with the requirements of section 3626(a),

9 subject to the following:

10 ‘‘(1) All attributable costs and institutional-costs

11 contributions assumed shall be the same as those

12 which were assumed for purposes of the then most re13 cent proceedings under subchapter II pursuant to

14 which rates of postage for the class of mail or kind

15 of mailer involved were last adjusted.

16 ‘‘(2) Any temporary rate established under this

17 section shall take effect upon such date as the Postal

18 Service may determine, except that—

19 ‘‘(A) such a rate may take effect only after

20 10 days’ notice in the Federal Register; and

21 ‘‘(B) no such rate may take effect after Sep22 tember 30, 1998.

23 ‘‘(3) A temporary rate under this section may

24 remain in effect no longer than the last day of the fis25 cal year in which it first takes effect.
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1 ‘‘(4) Authority under this section may not be ex2 ercised in a manner that would result in more than

3 1 change taking effect under this section, during the

4 same fiscal year, in the rates of postage for a particu5 lar class of mail or kind of mailer, except as provided

6 in paragraph (5).

7 ‘‘(5) Nothing in paragraph (4) shall prevent an

8 adjustment under this section in rates for a class of

9 mail or kind of mailer with respect to which any

10 rates took effect under this section earlier in the same

11 fiscal year if—

12 ‘‘(A) the rates established for such class of

13 mail or kind of mailer by the earlier adjustment

14 are superseded by new rates established under

15 subchapter II; and

16 ‘‘(B) authority under this paragraph has

17 not previously been exercised with respect to such

18 class of mail or kind of mailer based on the new

19 rates referred to in subparagraph (A).

20 ‘‘(c) The Postal Service may prescribe any regulations

21 which may be necessary to carry out this section, including

22 provisions governing the coordination of adjustments under

23 this section with any other adjustments under this title.’’.

24 (3) TECHNICAL AND CONFORMING AMEND25 MENTS.—
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1 (A) SECTION 3626.—Section 3626(i) is re2 pealed.

3 (B) SECTION 3627.—Section 3627 is amend4 ed by striking ‘‘sent at a free or reduced rate

5 under section 3217, 3403 through 3406, 3626, or

6 3629 of this title,’’ and inserting ‘‘sent free of

7 postage under section 3217 or 3403 through 3406

8 or at a reduced rate under section 3629’’.

9 (C) TABLE OF CONTENTS.—The table of

10 contents for chapter 36 is amended by inserting

11 after the item relating to section 3641 the follow12 ing:

‘‘3642. Special authority relating to reduced-rate categories of mail.’’.

13 (b) AUTHORIZATION.—

14 (1) IN GENERAL.—Section 2401 is amended—

15 (A) by striking subsections (d) through (f);

16 (B) by redesignating subsections (g) through

17 (i) as subsections (e) through (g), respectively;

18 (C) in subsection (f) (as so redesignated by

19 subparagraph (B)) by striking the second sen20 tence;

21 (D) in subsection (g) (as so redesignated by

22 subparagraph (B)) by striking ‘‘subsections (b)

23 and (d) of this section’’ and inserting ‘‘sub24 section (b)’’; and
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1 (E) by inserting after subsection (c) the fol2 lowing:

3 ‘‘(d) As reimbursement to the Postal Service for losses

4 which it incurred as a result of insufficient amounts appro5 priated under section 2401(c) for fiscal years 1991 through

6 1993, and to compensate for the additional revenues it is

7 estimated the Postal Service would have received under the

8 provisions of section 3626(a), for the period beginning on

9 October 1, 1993, and ending on September 30, 1998,

10 if the fraction specified in subclause (VI) of section

11 3626(a)(3)(B)(ii) were applied with respect to such period

12 (instead of the respective fractions specified in subclauses

13 (I) through (V) thereof), there are authorized to be appro14 priated to the Postal Service $29,000,000 for each of fiscal

15 years 1994 through 2035.’’.

16 (2) RATEMAKING LIMITATIONS.—

17 (A) IN GENERAL.—Except as provided in

18 subparagraph (B), rates of postage may not be

19 established, under subchapter II of chapter 36 of

20 title 39, United States Code, in a manner de21 signed to allow the United States Postal Service

22 to receive through revenues any portion of the

23 additional revenues (referred to in section

24 2401(d) of such title, as amended by paragraph
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1 (1)(E)) for which amounts are authorized to be

2 appropriated under such section 2401(d).

3 (B) EXCEPTION.—If Congress fails to ap4 propriate an amount authorized under section

5 2401(d) of title 39, United States Code (as

6 amended by paragraph (1)(E)), rates for the var7 ious classes of mail may be adjusted in accord8 ance with the provisions of subchapter II of

9 chapter 36 of such title (excluding section 3627

10 thereof) such that the resulting increase in reve11 nues will equal the amount that Congress so

12 failed to appropriate.

13 (c) APPLICABILITY.—

14 (1) RATES.—The amendments made by sub15 section (a) shall apply with respect to rates for mail

16 sent after September 30, 1993.

17 (2) AUTHORIZATION.—The amendments made by

18 subsection (b) shall apply with respect to appropria19 tions for fiscal years beginning after September 30,

20 1993.

21 ELIGIBILITY OF CERTAIN MAILINGS FOR REDUCED RATES

22 OF POSTAGE

23 SEC. 705. (a) ADVERTISING.—Section 3626(j)(1) is

24 amended—

25 (1) in subparagraph (B) by striking ‘‘or’’ after

26 the semicolon;
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1 (2) in subparagraph (C) by striking the period

2 and inserting ‘‘; or’’; and

3 (3) by adding at the end the following:

4 ‘‘(D) any product or service (other than any to

5 which subparagraph (A), (B), or (C) relates), if—

6 ‘‘(i) the sale of such product or the provid7 ing of such service is not substantially related

8 (aside from the need, on the part of the organiza9 tion promoting such product or service, for in10 come or funds or the use it makes of the profits

11 derived) to the exercise or performance by the or12 ganization of one or more of the purposes con13 stituting the basis for the organization’s author14 ization to mail at such rates; or

15 ‘‘(ii) the mail matter involved is part of a

16 cooperative mailing (as defined under regula17 tions of the Postal Service) with any person or

18 organization not authorized to mail at the rates

19 for mail under former section 4452(b) or 4452(c)

20 of this title;

21 except that—

22 ‘‘(I) any determination under clause (i)

23 that a product or service is not substantially re24 lated to a particular purpose shall be made

25 under regulations which shall be prescribed by
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1 the Postal Service and which shall be consistent

2 with standards established by the Internal Reve3 nue Service and the courts under subsections (a)

4 and (c) of section 513 of the Internal Revenue

5 Code of 1986; and

6 ‘‘(II) clause (i) shall not apply if the prod7 uct involved is a periodical publication described

8 in subsection (m)(2) (including a subscription to

9 receive any such publication).’’.

10 (b) PRODUCTS.—Section 3626 is amended by adding

11 at the end the following:

12 ‘‘(m)(1) In the administration of this section, the rates

13 for mail under former section 4452(b) or 4452(c) of this

14 title shall not apply to mail consisting of products, unless

15 such products—

16 ‘‘(A) were received by the organization as gifts or

17 contributions; or

18 ‘‘(B) are low cost articles (as defined by section

19 513(h)(2) of the Internal Revenue Code of 1986).

20 ‘‘(2) Paragraph (1) shall not apply with respect to a

21 periodical publication of a qualified nonprofit organiza22 tion.’’.

23 (c) CERTIFICATION; VERIFICATION.—Section

24 3626(j)(3) is amended—
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1 (1) by striking ‘‘(3)’’ and inserting ‘‘(3)(A)’’;

2 and

3 (2) by adding at the end the following:

4 ‘‘(B) The Postal Service shall establish procedures to

5 carry out this paragraph, including procedures for mailer

6 certification of compliance with the conditions specified in

7 paragraph (1)(D) or subsection (m), as applicable, and ver8 ification of such compliance.’’.

9 (d) APPLICABILITY.—The amendments made by this

10 section shall apply with respect to mail sent, and the rates

11 for mail sent, after September 30, 1993.

12 PROVISIONS RELATING TO RATES FOR BOOKS AND CERTAIN

13 OTHER MATERIALS

14 SEC. 706. (a) IN GENERAL.—Section 3683(b) is

15 amended to read as follows:

16 ‘‘(b) The rates of postage under former section

17 4554(b)(1) of this title shall not be effective except with re18 spect to mailings which—

19 ‘‘(1) constitute materials specified in former sec20 tion 4554(b)(2) of this title; and

21 ‘‘(2) are sent between—

22 ‘‘(A) an institution, organization, or asso23 ciation listed in subparagraph (A) or (B) of such

24 former section 4554(b)(1) and any other such in25 stitution, organization, or association;
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1 ‘‘(B) an institution, organization, or asso2 ciation referred to in subparagraph (A) and any

3 individual (other than an individual having a

4 financial interest in the sale, promotion, or dis5 tribution of the materials involved); or

6 ‘‘(C) an institution, organization, or asso7 ciation referred to in subparagraph (A) and a

8 qualified nonprofit organization (as defined in

9 former section 4452(d) of this title) that is not

10 such an institution, organization, or associa11 tion.’’.

12 (b) APPLICABILITY.—The amendment made by sub13 section (a) shall apply with respect to mail sent after Sep14 tember 30, 1993.

15 SENSE OF CONGRESS

16 SEC. 707. It is the sense of the Congress that any legis17 lation, enacted after September 30, 1994, which would have

18 the effect of expanding the classes of mail or kinds of mailers

19 eligible for reduced rates of postage should provide for suffi20 cient funding to ensure that neither any losses to the United

21 States Postal Service nor any increase in the rates of post22 age for any of the other classes of mail or kinds of mailers

23 will result.

24 TECHNICAL CORRECTIONS

25 SEC. 708. (a) SECTION 410.—Section 410(b) is

26 amended—
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1 (1) in paragraph (8) by striking ‘‘and’’ after the

2 semicolon;

3 (2) in the first paragraph (9) by striking ‘‘Chap4 ter’’ and inserting ‘‘chapter’’, and by striking the pe5 riod and inserting ‘‘; and’’; and

6 (3) by designating the second paragraph (9) as

7 paragraph (10).

8 (b) SECTION 3202.—Section 3202(a) is amended—

9 (1) in paragraph (3) by adding ‘‘and’’ after the

10 semicolon; and

11 (2) in paragraph (4) by striking ‘‘; and’’ and

12 inserting a period.

13 (c) SECTION 3601.—Section 3601(a) is amended by

14 striking ‘‘concent’’ and inserting ‘‘consent’’.

15 (d) SECTION 3625.—Section 3625(d) is amended by

16 striking ‘‘section 3268’’ and inserting ‘‘section 3628’’.

17 (e) SECTION 3626.—Section 3626 is amended by redes18 ignating the second subsection (k) as subsection (l).

19 This Act may be cited as the ‘‘Treasury, Postal Serv20 ice, and General Government Appropriations Act, 1994’’.

Passed the House of Representatives June 22, 1993.

Attest: DONNALD K. ANDERSON,

Clerk.

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