103D CONGRESS

1ST SESSION H. R. 2403

AMENDMENTS
In the Senate of the United States,

August 3 (legislative day, June 30), 1993.

Resolved, That the bill from the House of Representatives (H.R. 2403) entitled ‘‘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’’, do pass with the following

AMENDMENTS:

1 Ω1æPage 2, line 15, after ‘‘Offices;’’ insert: of which not

2 less than $6,902,000 and 90 full-time equivalent positions

3 shall be available for enforcement activities, and of which

4 no less than $2,971,000 and 46 full-time equivalent posi5 tions shall be available for the Office of Foreign Assets Con6 trol;

7 Ω2æPage 2, line 21, strike out ø$104,597,000¿ and in8 sert: $105,700,000

9 Ω3æPage 3, line 6, strike out all after ‘‘$28,897,000’’

10 down to and including ‘‘Institute’’ in line 8

11 Ω4æPage 3, line 19, strike out ø$14,770,000¿ and insert:

12 $50,000,000
2

HR 2403 EAS

1 Ω5æPage 5, line 6, after ‘‘authority’’ insert: : Provided

2 further, That the Center is authorized to obligate funds in

3 anticipation of reimbursements from agencies receiving

4 training at the Federal Law Enforcement Training Center

5 Ω6æPage 5, line 9, strike out ø$47,195,000¿ and insert:

6 $47,695,000

7 Ω7æPage 5, line 15, strike out ø$7,712,000¿ and insert:

8 $12,712,000

9 Ω8æPage 5, line 20, strike out ø$9,748,000¿ and insert:

10 $11,539,000

11 Ω9æPage 6, line 18, strike out ø$364,245,000¿ and in12 sert: $368,046,000, not to exceed $100,000 shall be available

13 for hosting or participating in the Interagency Committee

14 on Women in Federal Law Enforcement Conference, the

15 Law Enforcement Explorer Scouts Conference, and the

16 International Asian Organized Crime Conference

17 Ω10æPage 7, line 7, strike out all after ‘‘That’’ down to

18 and including ‘‘That’’ in line 18

19 Ω11æPage 7, line 20, after ‘‘925(c)’’ insert: : Provided

20 further, That such funds shall be available to investigate

21 and act upon applications filed by corporations for relief

22 from Federal firearms disabilities under 18 U.S.C section

23 925(c)
3

HR 2403 EAS

1 Ω12æPage 7, line 20, after ‘‘925(c)’’ insert: : Provided

2 further, That funds made available under this Act shall be

3 used to achieve a minimum level of 4,261 full-time equiva4 lent positions for fiscal year 1994, of which no fewer than

5 1,440 shall be allocated for the Armed Career Criminal Ap6 prehension Program

7 Ω13æPage 7, line 20, after ‘‘925(c)’’ insert: : Provided

8 further, That no funds made available by this or any other

9 Act may be used to plan or implement any reorganization

10 of the Bureau of Alcohol, Tobacco and Firearms or transfer

11 of the Bureau’s functions, missions, or activities to other

12 agencies or Departments in the fiscal year ending on Sep13 tember 30, 1994

14 Ω14æPage 8, line 12, strike out ø$1,311,819,000¿ and

15 insert: $1,363,668,000

16 Ω15æPage 8, line 20, after ‘‘shall be’’ insert: available

17 until expended

18 Ω16æPage 9, line 8, after ‘‘1994’’ insert: : Provided fur19 ther, That the United States Customs Service shall hire and

20 maintain an average of not less than 17,941 full-time equiv21 alent positions in fiscal year 1994, of which a minimum

22 level of 960 full-time equivalent positions shall be allocated

23 to air interdiction activities of the United States Customs

24 Service
4

HR 2403 EAS

1 Ω17æPage 9, line 18, after ‘‘interdiction’’ insert: and de2 mand reduction

3 Ω18æPage 9, line 22, strike out ø$46,063,000¿ and in4 sert: $47,863,000

5 Ω19æPage 10, lines 1 and 2, strike out ødefense-related¿

6 Ω20æPage 10, after line 9, insert:

7 CUSTOMS FACILITIES, CONSTRUCTION, IMPROVEMENTS AND

8 RELATED EXPENSES

9 For acquisition of necessary additional real property,

10 facilities, construction, improvements, and related expenses

11 of the United States Customs Service, $10,000,000, to re12 main available until expended.

13 Ω21æPage 11, line 10, strike out ø$189,209,000¿ and

14 insert: $187,209,000

15 Ω22æPage 11, lines 25 and 26, strike out ø, and of which

16 not to exceed $500,000 shall be for research¿

17 Ω23æPage 12, lines 11 and 12, strike out ø; and of which

18 not to exceed $1,000,000 for research¿

19 Ω24æPage 13, lines 10 and 11, strike out

20 ø$4,007,962,000 of which not to exceed $1,000,000 is for

21 research¿ and insert: $4,043,281,000, of which not to ex22 ceed $1,000,000 shall remain available until expended for
5

HR 2403 EAS

1 research; and of which not less than $360,700,000 and 4,921

2 full-time equivalent positions shall be available for tax

3 fraud investigation activities

4 Ω25æPage 13, line 20, strike out ø$1,402,629,000¿ and

5 insert: $1,487,722,000

6 Ω26æPage 14, line 1, strike out all after ‘‘expended’’

7 down to and including ‘‘Modernization’’ in line 6

8 Ω27æPage 16, line 5, strike out ø$457,360,000¿ and in9 sert: $461,931,000

10 Ω28æPage 16, strike out lines 14 to 23

11 Ω29æPage 16, after line 23, insert:

12 SEC. 101. Any obligation or expenditure by the Sec13 retary in connection with law enforcement activities of a

14 Federal agency or of a Department of the Treasury law en15 forcement organization in accordance with 31 U.S.C.

16 9703(g)(4)(B) from unobligated balances remaining in the

17 Fund on September 30, 1994, shall be made only upon ad18 vance approval of the House and Senate Committees on Ap19 propriations.

20 Ω30æPage 18, strike out lines 5 to 18

21 Ω31æPage 18, strike out lines 19 to 22
6

HR 2403 EAS

1 Ω32æPage 18, strike out all after line 22 over to and

2 including line 11 on page 19

3 Ω33æPage 19, after line 11, insert:

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

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

6 undersecretary for enforcement within the Department of

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

8 Ω34æPage 19, after line 11, insert:

9 SEC. 109. (a) Notwithstanding any other provision of

10 law, hereafter, for purposes of complying with Executive

11 Order No. 12839 and guidance issued thereunder, the num12 ber of civilian personnel positions that the Department of

13 the Treasury may be required to eliminate in fiscal year

14 1994 and in fiscal year 1995 shall not exceed a number

15 determined for each year by multiplying a fiscal year 1993

16 base which excludes all exempt positions by the applicable

17 percentages in Executive Order No. 12839.

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

19 means a personnel position in the Department of the Treas20 ury which the Secretary of the Treasury determines to be

21 primarily employed in drug control, law enforcement, trade

22 facilitation, or services to the public.

23 Ω35æPage 19, after line 11, insert:
7

HR 2403 EAS

1 SEC. 110. The Internal Revenue Service shall institute

2 policies and procedures which will safeguard the confiden3 tiality of taxpayer information. The Service shall report to

4 the Committees on Appropriations of the House and Senate,

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

6 Committee on Finance, no later than December 31, 1993,

7 the steps the Service has taken to minimize unauthorized

8 access to taxpayer data.

9 Ω36æPage 21, line 18, strike out ø$38,914,000¿ and in10 sert: $38,754,000

11 Ω37æPage 23, line 15, strike out ø$6,648,000¿ and in12 sert: $8,209,000

13 Ω38æPage 24, line 1, strike out ø$56,539,000¿ and in14 sert: $53,481,000

15 Ω39æPage 24, after line 21, insert:

16 OFFICE OF FEDERAL PROCUREMENT POLICY

17 SALARIES AND EXPENSES

18 For expenses of the Office of Federal Procurement Pol19 icy, including services as authorized by 5 U.S.C. 3109;

20 $3,058,000.

21 Ω40æPage 25, line 6, strike out all after ‘‘bursement;’’

22 down to and including ‘‘expenditures’’ in line 10, and in23 sert: $11,687,000, of which not less than $900,000 and four
8

HR 2403 EAS

1 full-time equivalent positions shall be available for the

2 Counter-Drug Technology Assessment Center: Provided,

3 That the Office of National Drug Control Policy shall hire

4 and maintain not less than 60 full-time equivalent posi5 tions in fiscal year 1994

6 Ω41æPage 25, line 24, strike out all after ‘‘activities’’

7 over to and including ‘‘activities’’ in line 8 on page 26

8 and insert: which are consistent with the approved strategy

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

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

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

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

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

14 Provided, That the funds made available under this head

15 shall be obligated within 90 days of enactment of this Act

16 Ω42æPage 26, strike out lines 11 to 26 and insert:

17 For activities authorized by Public Law 100–690,

18 $75,000,000, of which $28,000,000 shall be derived from de19 posits in the Special Forfeiture Fund; of which $35,000,000

20 shall be transferred to the Substance Abuse and Mental

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

22 shall be available to the Center for Substance Abuse Preven23 tion for community partnership grants, and of which

24 $5,000,000 shall be available to the Center for Substance

25 Abuse Prevention for the residential women/children pro-
9

HR 2403 EAS

1 gram, and of which $10,000,000 shall be available for the

2 Substance Abuse Prevention and Treatment Block Grant to

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

4 capacity expansion treatment programs; of which

5 $15,000,000, to remain available until expended, shall be

6 transferred to the Counter-Drug Technology Assessment

7 Center for counternarcotics research and development

8 projects and shall be available for transfer to other Federal

9 departments or agencies; of which $5,000,000 shall be trans10 ferred to the Bureau of Alcohol, Tobacco and Firearms for

11 gang resistance education and training programs; and of

12 which $20,000,000 shall be transferred to drug control agen13 cies in amounts to be determined by the Director, upon the

14 advance approval of the House and Senate Committees on

15 Appropriations.

16 Ω43æPage 27, after line 4, insert:

17 ADMINISTRATIVE CONFERENCE OF THE UNITED STATES

18 SALARIES AND EXPENSES

19 For necessary expenses of the Administrative Con20 ference of the United States, established by the Administra21 tive Conference Act, as amended (5 U.S.C. 571 et seq.), in22 cluding not to exceed $1,000 for official reception and rep23 resentation expenses, $1,800,000.

24 SEC. 400. Notwithstanding any other provision of this

25 Act, each amount of budget authority for fiscal year 1994
10

HR 2403 EAS

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

2 reduced by 1.478 percent. Such reductions shall be applied

3 ratably to each account, program, activity, and project pro4 vided for in this Act.

5 Notwithstanding any provision of this or any Act, sec6 tion 6962j of 42 U.S.C. is amended as follows, by striking

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

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

9 Federal agency in conducting a procurement for toner car10 tridges for use in laser printers, photocopiers, facsimile ma11 chines, or micrographic printers is authorized to give pref12 erence to recycled toner cartridges unless the contracting or

13 purchasing officer determines in writing that—

14 ‘‘(1) adequate market research establishes that re15 cycled cartridges for the type of equipment used by

16 the agency do not exist,

17 ‘‘(2) the price or life cycle cost offered for the re18 cycled cartridge is higher than the original equipment

19 manufacturer’s new cartridge, or

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

21 quantities needed within the timeframes required.

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

23 of one newly manaufactured cartridge (or a number equal

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

25 as a part of an initial printer or copier acquisition.’’.
11

HR 2403 EAS

1 Ω44æPage 27, after line 4, insert:

2 CITIZENS’ COMMISSION ON PUBLIC SERVICE AND

3 COMPENSATION

4 SALARIES AND EXPENSES

5 (RESCISSION)

6 Of the funds made available under this heading in

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

8 Ω45æPage 27, after line 4, insert:

9 ADVISORY COMMISSION ON INTERGOVERNMENTAL

10 RELATIONS

11 SALARIES AND EXPENSES

12 For expenses necessary to carry out the provisions of

13 the Advisory Commission on Intergovernmental Relations

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

15 and additional amounts collected from the sale of publica16 tions shall be credited to and used for the purposes of this

17 appropriation.

18 Ω46æPage 27, line 8, strike out øThe revenues and col19 lections deposited into¿ and insert: For additional expenses

20 necessary to carry out the purpose of

21 Ω47æPage 27, line 11, after ‘‘490(f)),’’ insert:

22 $312,814,000, to be deposited into said Fund. The revenues

23 and collections deposited into the Fund
12

HR 2403 EAS

1 Ω48æPage 28, lines 8 and 9, strike out ø$5,185,611,000,

2 including $295,294,000 of unobligated balances in the

3 fund¿ and insert: $5,253,877,000

4 Ω49æPage 28, line 10, strike out ø$820,476,000¿ and

5 insert: $933,787,000

6 Ω50æPage 28, strike out all after line 14 over to and

7 including ‘‘$5,525,300’’ in line 13 on page 31 and insert:

8 Alabama:

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

10 Arkansas:

11 Little Rock, Old Law School Building, Expan12 sion/Alteration, $14,098,000

13 Arizona:

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

15 Safford, Forest Service Administrative Offices

16 and Cultural Center, $6,000,000

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

18 California:

19 Sacramento, U.S. Courthouse and Federal

20 Building, $162,225,000

21 San Jose, Federal Office building, claim,

22 $1,866,000

23 Santa Ana, Federal Building and U.S. Court24 house, $103,000,000

25 Florida:
13

HR 2403 EAS

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

2 Georgia:

3 Atlanta, Centers for Disease Control, Laboratory

4 and office building, $15,000,000

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

6 Maryland:

7 Bowie, Bureau of the Census, Computer Center,

8 $27,915,000

9 Montgomery and Prince George’s Counties, Food

10 and Drug Administration, consolidation, site acquisi11 tion, planning, design, and construction, $73,921,000

12 Massachusetts:

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

14 $19,000,000

15 Missouri:

16 Cape Girardeau, Federal Office Building and

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

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

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

20 Nebraska:

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

22 $9,553,000

23 New Jersey:

24 Newark, Martin Luther King, Jr. Federal Build25 ing and U.S. Courthouse, escalation, $4,868,000
14

HR 2403 EAS

1 New York:

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

3 North Dakota:

4 Pembina, Border Station, $96,000

5 Oregon:

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

7 Texas:

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

9 $3,047,000

10 Vermont:

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

12 Washington:

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

14 West Virginia:

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

16 $45,000,000

17 Nonprospectus construction projects, $5,525,000

18 Ω51æPage 31, line 13, strike out all after ‘‘$5,525,300’’

19 down to and including ‘‘further’’ in line 19 and insert: :

20 Provided

21 Ω52æPage 32, line 6, strike out ø$107,781,000¿ and in22 sert: $185,344,000

23 Ω53æPage 32, line 6, after ‘‘rescinded’’ insert: : Provided

24 further, That the amount made available under the heading
15

HR 2403 EAS

1 ‘‘New Construction’’ in Public Law 102–393, for Hilo, Ha2 waii, shall be available for payment to a public entity in

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

4 governmental agencies; the governmental agencies to be

5 housed shall be designated by the Administrator of General

6 Services and such agencies shall be housed rent free, exclu7 sive of operating expenses

8 Ω54æPage 32, line 13, strike out ø$546,682,000¿ and

9 insert: $516,782,000

10 Ω55æPage 34, strike out line 10

11 Ω56æPage 34, line 11, strike out all after ‘‘$10,000,000’’

12 down to and including ‘‘installations’’ in line 14

13 Ω57æPage 34, after line 14, insert:

14 Capital Improvements of United States-Mexico, border

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

16 Arizona:

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

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

19 San Luis, primary lane expansion and adminis20 trative office space, $3,541,000.

21 Ω58æPage 35, line 10, strike out ø$118,108,000¿ and

22 insert: $119,108,000
16

HR 2403 EAS

1 Ω59æPage 35, line 12, strike out ø$2,124,373,000¿ and

2 insert: $2,117,421,000

3 Ω60æPage 35, line 13, strike out ø$1,231,085,000¿ and

4 insert: $1,226,085,000

5 Ω61æPage 35, line 15, strike out ø$188,274,000¿ and

6 insert: $184,081,000

7 Ω62æPage 35, line 17, strike out all after ‘‘expended’’

8 over to and including ‘‘prospectus’’ in line 6 on page 36

9 Ω63æPage 36, line 6, strike out all after ‘‘prospectus’’

10 down to and including ‘‘Agriculture’’ in line 11

11 Ω64æPage 37, line 6, after ‘‘prospectus’’ insert: : Pro12 vided further, That no funds shall be made available for

13 leases, line-item construction, repairs, or alterations

14 projects in this Act that are subject to section 7(a) of the

15 Public Buildings Act of 1959 (40 U.S.C. 606(a)) prior to

16 February 1, 1994, unless the projects are approved by the

17 Committee on Environment and Public Works of the Sen18 ate: Provided further, That in no case shall funds be made

19 available for any lease, line-item construction, repair, or

20 alterations project referred to in the preceding proviso if

21 prior to February 1, 1994, the lease, line-item construction,

22 repair, or alterations project has been disapproved by either

23 the Committee on Environment and Public Works of the
17

HR 2403 EAS

1 Senate: Provided further, That the Administrator of Gen2 eral Services shall submit detailed information on each

3 lease, line-item construction, repair, and alterations project

4 in this Act that is subject to section 7(a) of the Public

5 Buildings Act of 1959 (40 U.S.C. 606(a)) to the Committee

6 on Environment and Public Works of the Senate not later

7 than 30 days after the date of enactment of this Act

8 Ω65æPage 37, line 25, strike out ø$5,185,611,000¿ and

9 insert: $5,253,877,000

10 Ω66æPage 38, line 12, strike out ø$55,804,000¿ and in11 sert: $43,420,000

12 Ω67æPage 38, line 20, strike out all after ‘‘3109;’’ down

13 to and including ‘‘organization’’ in line 23 and insert:

14 $44,730,000

15 Ω68æPage 42, strike out lines 1 to 19

16 Ω69æPage 42, after line 19 insert:

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

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

19 for which funds are appropriated or otherwise made avail20 able, unobligated balances of operating expenses and sala21 ries and expenses appropriations available to GSA during

22 such fiscal year may be transferred and merged into the

23 ‘‘Major equipment acquisitions and development activity’’
18

HR 2403 EAS

1 of the Salaries and Expenses, General Management and Ad2 ministration appropriation account for agency-wide acqui3 sition of capital equipment, automated data processing sys4 tems, and for financial management and management in5 formation systems needed to implement the Chief Financial

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

7 regulations. The unobligated balances transferred shall re8 main available until expended: Provided, That any pro9 posed use of these transferred funds in fiscal year 1993 and

10 thereafter shall only be made after advance approval by the

11 Committees on Appropriations of the House and Senate.

12 Ω70æPage 44, after line 16 insert:

13 SEC. 7. Section 204 of the Federal Property and Ad14 ministrative Services Act of 1949 is amended by adding

15 a subsection (i) to provide that the Administrator may re16 tain from the proceeds of sales of personal property con17 ducted by the General Services Administration amounts

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

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

20 conducting such sales. The Administrator shall deposit

21 amounts retained into the General Supply Fund established

22 under section 109(a) of the Federal Property and Adminis23 trative Services Act of 1949 and may use such portion of

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

25 incurred by the General Services Administration in con-
19

HR 2403 EAS

1 ducting sales of personal property, and (2) indirect costs

2 incurred by the General Services Administration that are

3 reasonably related to those sales. Amounts retained that are

4 not needed to pay the direct and indirect costs incurred

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

6 from the General Supply Fund to the general fund or an7 other appropriate account in the Treasury.

8 Ω71æPage 44, after line 16 insert:

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

10 the Administrator of General Services is hereby authorized

11 to acquire a site suitable to the General Services Adminis12 tration of approximately 4 acres of land in the City of Tuc13 son, Arizona for a Federal courthouse; this is to be accom14 plished through an exchange with the City of Tucson for

15 Federal real property in that city under the jurisdiction

16 of the General Services Administration.

17 Ω72æPage 44, after line 16 insert:

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

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

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

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

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

23 specific approval of the Congress.

24 Ω73æPage 44, after line 16 insert:
20

HR 2403 EAS

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

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

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

4 the vicinity of Bull Shoals Lake, Arkansas, administered

5 by the Corps of Engineers, Department of the Army, with6 out the specific approval of the Congress.

7 Ω74æPage 44, after line 16 insert:

8 SEC. 11. The General Services Administration is di9 rected, through a sole-source procurement process, to utilize

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

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

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

13 office space needs in the City of Newark and surrounding

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

15 availability of Federal tenants: Provided, That such lease

16 shall be authorized only if it meets the criteria of an ‘‘oper17 ating lease’’ as defined under the Budget Enforcement Act

18 of 1990, Public Law 101–508. The lease rate for such office

19 space shall not exceed comparable rates for equivalent space

20 in the surrounding area or comparable rates in the office

21 complex.

22 Ω75æPage 47, line 9, strike out all after ‘‘Commission’’

23 down to and including ‘‘101–363’’ in line 13
21

HR 2403 EAS

1 Ω76æPage 48, line 9, strike out ø$4,146,480,000¿ and

2 insert: $3,458,480,000

3 Ω77æPage 51, line 1, strike out ø$193,182,000¿ and in4 sert: $196,482,000

5 Ω78æPage 51, line 2, strike out ø$4,000,000¿ and insert:

6 $6,000,000

7 Ω79æPage 52, line 16, strike out ø$33,650,000¿ and in8 sert: $35,350,000

9 Ω80æPage 54, strike out lines 22 to 25

10 Ω81æPage 58, strike out lines 18 to 21

11 Ω82æPage 58, after line 21 insert:

12 SEC. 517. Such sums as may be necessary for fiscal

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

14 be absorbed within the levels appropriated by this Act.

15 Ω83æPage 60, strike out lines 1 to 6

16 Ω84æPage 60, strike out all after line 20 over to and

17 including line 15 on page 61

18 Ω85æPage 61, after line 15 insert:

19 SEC. 524. (a) The Secretary of the Treasury shall im20 plement the plan announced by the Bureau of the Public
22

HR 2403 EAS

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 Ω86æPage 61, strike out all after line 15 over to and

7 including line 15 on page 62

8 Ω87æPage 62, strike out lines 16 to 21

9 Ω88æPage 62, strike out all after line 21 over to and

10 including line 5 on page 63

11 Ω89æPage 63, strike out lines 6 to 11

12 Ω90æPage 63, strike out lines 12 to 25

13 Ω91æPage 64, strike out lines 1 to 11

14 Ω92æPage 64, after line 11 insert:

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

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

17 United States be used for a particular purpose, the Admin18 istrator of General Services shall transfer to the Secretary

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

20 and any related structures, located at the southwest corner

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

22 Mexico, and described as follows:
23

HR 2403 EAS

1 A tract of land being within the original Old Indian

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

3 Section 7, T. sec. 10 N., R. 3E, New Mexico Principal Me4 ridian, Bernalillo County, New Mexico, being more particu5 larly described by metes and bounds as follows:

6 Beginning at the southwest corner of said tract being

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

8 and the southerly line of the original 1905 Indian School

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

10 A, cor. 1’’, ‘‘KEENE 8489’’; Whence from said point of be11 ginning, the New Mexico State Highway Triangulation

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

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

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

15 12°19′44′′E., and is a distance of 927.86 feet; Thence N.

16 08°26′59′′ E. 79.89 feet along the said easterly right-of-way

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

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

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

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

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

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

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

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

25 W., 1.33 feet to an angle point being a brass cap marked
24

HR 2403 EAS

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

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

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

4 3’’, ‘‘KEENE 8489’’; Thence N. 61°14′00′′ W., 294.33 feet

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

6 an area of 1.9592 acres.

7 (b) Lands and related structures described in sub8 section (a) shall, on and after the transfer of jurisdiction

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

10 in trust for the benefit and use of the Nineteen Indian Pueb11 lo Tribes of New Mexico comprising the All Indian Pueblo

12 Council as tenants in common.

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

14 (a) shall be without monetary consideration.

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

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

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

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

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

20 tribe, including exemption from taxes imposed by any

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

22 shall be exempt from any associated land use regulation im23 posed by any such governmental entity.

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

25 the Nineteen Indian Pueblo Tribes of New Mexico of the
25

HR 2403 EAS

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

2 conjunction with their existing plans for the economic devel3 opment of the former Albuquerque Indian School property

4 conveyed as trust lands on January 15, 1993.

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

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

7 1. Pueblo of Acoma.

8 2. Pueblo of Isleta.

9 3. Pueblo of Laguna.

10 4. Pueblo of Picuris.

11 5. Pueblo of San Felipe.

12 6. Pueblo of San Ildefonso.

13 7. Pueblo of San Juan.

14 8. Pueblo of Santo Domingo.

15 9. Pueblo of Tesuque.

16 10. Pueblo of Zuni.

17 11. Pueblo of Cochiti.

18 12. Pueblo of Jemez.

19 13. Pueblo of Nambe.

20 14. Pueblo of Pojoaque.

21 15. Pueblo of Sandia.

22 16. Pueblo of Santa Ana.

23 17. Pueblo of Santa Clara.

24 18. Pueblo of Taos.

25 19. Pueblo of Zia.
26

HR 2403 EAS

1 Ω93æPage 64, after line 11 insert:

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

3 other provision of law, including any other law which re4 quires that property of the United States be used for a par5 ticular purpose, the real property described in subsection

6 (c) shall be conveyed to the United States Park Service, De7 partment of the Interior, by the Administrator of General

8 Services at such time as the property is reported to the Gen9 eral Services Administration for disposal as excess to the

10 needs of the Air Force.

11 (b) TERMS.—A conveyance of property under this sec12 tion shall be without monetary consideration, and subject

13 to such other terms and conditions as the Administrator

14 determines to be appropriate.

15 (c) PROPERTY DESCRIBED.—The real property re16 ferred to in subsection (a) is that part of the Holbrook

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

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

20 and more particularly described as:

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

22 Townhomes Subdivision, a subdivision recorded in

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

24 Navajo County, Arizona; Except an undivided one25 half interest in all oil, gas, coal, and other hydro-car-
27

HR 2403 EAS

1 bon substances and minerals as reserved in instru2 ment recorded in Docket 68 at Page 171 in said offi3 cial records;

4 Containing 8.00 acres, more or less.

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

6 10A, 11A, and 12B of the Cholla Townhomes Condomin7 ium, a subdivision recorded in Book 14 of Plats at Page

8 20 in the official records of Navajo County, Arizona, and

9 any other buildings and improvements thereon and all

10 rights, hereditaments, easements, and appurtenances there11 unto belonging or in anywise appertaining.

12 Subject, however, to existing easements for public roads

13 and highways, public utilities, railroads, and pipelines,

14 and subject to the following outstanding exceptions and

15 rights:

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

17 coal or other hydro-carbon substances and minerals

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

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

20 be necessary for the proper exploration, mining or

21 otherwise extracting and removing said oil, gas, coal

22 or other hydro-carbon substances and minerals as re23 served in instrument recorded in Docket 68 at Page

24 171, official records of Navajo County, Arizona.
28

HR 2403 EAS

1 Easements as shown on the plat of Cholla

2 Townhomes subdivision recorded in Book 14 of Plats

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

4 Arizona.

5 Easements and right incident thereto for sewer

6 purposes as set forth in instrument recorded in Dock7 et 601 at Page 924 of the official records of Navajo

8 County, Arizona.

9 Easements created by and the effect of the Dec10 laration of Horizontal Property Regime recorded in

11 Docket 679 at Page 773 in the official records of Nav12 ajo County, Arizona, and Certificate of Correction re13 corded in Docket 678 at Page 815 in said official

14 records.

15 Easement and rights incident thereto for electric

16 lines as set forth in instrument recorded in Docket

17 883 at Page 213 of the official records of Navajo

18 County, Arizona.

19 Liabilities and obligations imposed upon said

20 land by reason of its inclusion within the Navajo

21 County Flood Control District.

22 Ω94æPage 71, line 22, strike out all after ‘‘Code’’ over

23 to and including ‘‘Management’’ in line 24 on page 72

24 and insert: , in an amount that exceeds the rate payable

25 for the applicable grade and step of the applicable wage
29

HR 2403 EAS

1 schedule in accordance with section 616 of the Treasury,

2 Postal Service, and General Government Appropriations

3 Act, 1993, on the last day of the limitation imposed by such

4 section 616, except as provided under paragraph (2).

5 (2)(A) If, during the fiscal year ending on September

6 30, 1994, employees under the General Schedule receive a

7 pay adjustment under section 5303 of title 5, United States

8 Code, or locality-based comparability payments under sec9 tion 5304 of such title 5, the Office of Personnel Manage10 ment shall, in accordance with the provisions of this para11 graph, provide for adjustments for wage schedules and rates

12 for employees described in section 5342(a)(2)(A) of such

13 title 5 that are equitable in timing and amount in relation

14 to the adjustment and payments under sections 5303 and

15 5304.

16 (B) In determining what adjustments would be equi17 table under this paragraph, the Office shall compare the re18 duction in the average pay disparity (as that term is de19 fined in section 5302(6) of title 5) resulting from the adjust20 ment and payments under sections 5303 and 5304 with the

21 disparity in each wage area between the rates payable

22 under section 616 of the Treasury, Postal Service, and Gen23 eral Government Appropriations Act, 1993, and the pre24 vailing wage rates in such wage area as determined under
30

HR 2403 EAS

1 the provisions of subchapter IV of chapter 53 of title 5, as

2 in effect on the date of enactment of this Act.

3 (C) The Office shall discuss with and consider the

4 views of the Federal Prevailing Rate Advisory Committee

5 in carrying out the Office’s responsibilities under this para6 graph.

7 (D) Not later than January 1, 1994, the Office shall

8 submit a report to the Senate and House Committees on

9 Appropriations setting forth the Office’s plan for providing

10 adjustments under this paragraph. Such report shall in11 clude the views of the Federal Prevailing Rate Advisory

12 Committee, and the individual views of any member of such

13 Advisory Committee

14 Ω95æPage 76, lines 3 and 4, strike out øthe Department

15 of Transportation,¿

16 Ω96æPage 78, strike out all after line 4 over to and in17 cluding line 5 on page 79

18 Ω97æPage 79, after line 5 insert:

19 SEC. 620. Subsections (c) and (d) of section 3726 of

20 title 31 U.S.C. are amended to read as follows:

21 ‘‘(c) Expenses of transportation audit postpayment

22 contracts and contract administration, and the expenses of

23 all other transportation audit and audit-related functions

24 conferred upon the Administrator of General Services, shall
31

HR 2403 EAS

1 be financed from overpayments collected from carriers on

2 transportation bills paid by the Government and other

3 similar type refunds, not to exceed collections. Payment to

4 any contractor for audit services shall not exceed 50 percent

5 of the overpayment identified by contract audit.

6 ‘‘(d) At least annually, and as determined by the Ad7 ministrator, after making adequate provision for expense

8 of refunds to carriers, transportation audit postpayment

9 contracts, contract administration, and other expenses au10 thorized in subsection (c), overpayments collected by the

11 General Services Administration shall be transferred to

12 miscellaneous receipts of the Treasury. A report of receipts,

13 disbursements, and transfers (to miscellaneous receipts)

14 pursuant to this section shall be made annually in connec15 tion with the budget estimates to the Director of the Office

16 of Management and Budget and to the Congress.’’.

17 Ω98æPage 82, after line 7 insert:

18 SEC. 627. Section 635 of the Public Law 102–393 is

19 amended in paragraph (c)(2) by striking ‘‘1993’’ and in20 serting ‘‘1994’’.

21 Ω99æPage 82, after line 7 insert:

22 SEC. 628. Section 404 of the Federal Employees Pay

23 Comparability Act of 1990 is amended by striking ‘‘Wash24 ington, DC–MD–VA Metropolitan Statistical Area’’ and in-
32

HR 2403 EAS

1 serting in its place, ‘‘Washington-Baltimore DC–MD–VA–

2 WV Consolidated Metropolitan Statistical Area’’.

3 Ω100æPage 82, after line 7 insert:

4 SEC. 629. Paragraphs (c), (d), and (e) of section 6962j

5 of U.S.C. 42, are amended to read as follows:

6 ‘‘(c) For purposes of this section, ‘recycled cartridge’

7 means a laser printer, photocopier, facsimile machine, or

8 microphotographic toner cartridge which has been remanu9 factured in the United States.

10 ‘‘(d) Not less than 50 percent of cartridge procurement

11 requirements shall be achieved by a set-aside for small busi12 ness concerns, the remainder shall be acquired through the

13 use of unrestricted full and open competition. The provision

14 of this paragraph shall not affect current law with respect

15 to Federal Prison Industries, Inc. (UNICOR) or Organiza16 tions for the Blind or Other Severely Handicapped (NIB/

17 NISH).

18 ‘‘(e) For the purpose of this section ‘small business con19 cern’ has the meaning given such term in the Small Busi20 ness Act (U.S.C. 632(a))’’.

21 Ω101æPage 82, after line 7 insert:

22 SEC. 630. No department, agency, or instrumentality

23 of the United States receiving appropriated funds under

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

25 expend any such funds, unless such department, agency or
33

HR 2403 EAS

1 instrumentality has in place by July 1, 1994, and will con2 tinue to administer in good faith, a written policy designed

3 to ensure that all of its workplaces are free from discrimina4 tion and sexual harassment and that all of its workplaces

5 are not in violation of title VII of the Civil Rights Act of

6 1964, as amended, the Age Discrimination in Employment

7 Act of 1967, and the Rehabilitation Act of 1973.

8 Ω102æPage 82, after line 7 insert:

9 TITLE VII—REVENUE FORGONE REFORM

10 SHORT TITLE; TABLE OF CONTENTS

11 SEC. 701. (a) SHORT TITLE.—This title may be cited

12 as the ‘‘Revenue Forgone Reform Act’’.

13 (b) TABLE OF CONTENTS.—The table of contents for

14 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.

15 REFERENCES

16 SEC. 702. Except as otherwise expressly provided,

17 whenever in this title an amendment or repeal is expressed

18 in terms of an amendment to, or a repeal of, a section or

19 other provision, the reference shall be considered to be made

20 to a section or other provision of title 39, United States

21 Code.
34

HR 2403 EAS

1 REPEAL OF AUTHORIZATION OF APPROPRIATIONS FOR

2 MAIL SENT AT REDUCED RATES OF POSTAGE

3 SEC. 703. (a) IN GENERAL.—Section 2401(c) is

4 amended—

5 (1) in the first sentence—

6 (A) by striking ‘‘if sections’’ through ‘‘had

7 not been enacted’’ and inserting ‘‘if sections

8 3217, 3403 through 3406, and 3629 had not been

9 enacted’’; and

10 (B) by striking ‘‘such sections and Acts.’’

11 and inserting ‘‘such sections.’’; and

12 (2) in the second sentence—

13 (A) by striking ‘‘(i)’’; and

14 (B) by striking ‘‘volume;’’ through ‘‘sched15 ules.’’ and inserting ‘‘volume.’’.

16 (b) APPLICABILITY.—The amendments made by sub17 section (a) shall apply with respect to appropriations for

18 fiscal years beginning after September 30, 1993.

19 ESTABLISHING REDUCED RATES OF POSTAGE

20 SEC. 704. (a) RATES.—

21 (1) IN GENERAL.—Section 3626(a) is amended

22 to read as follows:

23 ‘‘(a)(1) Except as otherwise provided in this section,

24 rates of postage for a class of mail or kind of mailer under

25 former section 4358, 4452(b), 4452(c), 4454(b), or 4454(c)
35

HR 2403 EAS

1 of this title shall be established in accordance with the ap2 plicable provisions of this chapter.

3 ‘‘(2) For the purpose of this subsection—

4 ‘‘(A) the term ‘costs attributable’, as used with

5 respect to a class of mail or kind of mailer, means the

6 direct and indirect postal costs attributable to such

7 class of mail or kind of mailer (excluding any other

8 costs of the Postal Service): Provided, That with re9 spect to mail under former section 4452(b) and

10 4452(c) of this title, such attributable costs shall be

11 allocated between letter-shaped mail and non-letter12 shaped mail, as such types of mail are defined in the

13 associated classification and rate schedules, in a man14 ner that will at a minimum preserve the difference

15 between the basic rate for non-letter-shaped mail and

16 the basic price rate for letter-shaped mail established

17 under title II of Public Law No. 102–141, the Postal

18 Service Appropriations Act, 1992;’’.

19 ‘‘(B) the term ‘regular-rate category’ means any

20 class of mail or kind of mailer, other than a class or

21 kind referred to in paragraph (2)(A) or section

22 2401(c); and

23 ‘‘(C) the term ‘institutional-costs contribution’,

24 as used with respect to a class of mail or kind of

25 mailer, means that portion of the estimated revenues
36

HR 2403 EAS

1 to the Postal Service from such class of mail or kind

2 of mailer which remains after subtracting an amount

3 equal to the estimated costs attributable to such class

4 of mail or kind of mailer.

5 ‘‘(3)(A) Except as provided in paragraph (4) or (5),

6 rates of postage for a class of mail or kind of mailer under

7 former section 4358, 4452(b), 4452(c), 4554(b), or 4554(c)

8 of this title shall be established in a manner such that the

9 estimated revenues to be received by the Postal Service from

10 such class of mail or kind of mailer shall be equal to the

11 sum of—

12 ‘‘(i) the estimated costs attributable to such class

13 of mail or kind of mailer; and

14 ‘‘(ii) the product derived by multiplying the esti15 mated costs referred to in clause (i) by the applicable

16 percentage under subparagraph (B).

17 ‘‘(B) The applicable percentage for any class of mail

18 or kind of mailer referred to in subparagraph (A) shall be

19 the product derived by multiplying—

20 ‘‘(i) the percentage which, for the most closely

21 corresponding regular-rate category, the institutional22 costs contribution for such category represents relative

23 to the estimated costs attributable to such category of

24 mail, times

25 ‘‘(ii)(I) one-twelfth, for fiscal year 1994;
37

HR 2403 EAS

1 ‘‘(II) one-sixth, for fiscal year 1995;

2 ‘‘(III) one-fourth, for fiscal year 1996;

3 ‘‘(IV) one-third, for fiscal year 1997;

4 ‘‘(V) five-twelfths, for fiscal year 1998; and

5 ‘‘(VI) one-half, for any fiscal year after fiscal

6 year 1998.

7 ‘‘(C) Temporary special authority to permit the timely

8 implementation of the preceding provisions of this para9 graph is provided under section 3642.

10 ‘‘(D) For purposes of establishing rates of postage

11 under this subchapter for any of the classes of mail or kinds

12 of mailers referred to in subparagraph (A), subclauses (I)

13 through (V) of subparagraph (B)(ii) shall be deemed

14 amended by striking the fraction specified in each such

15 subclause and inserting ‘one-half’.

16 ‘‘(4) The rates for the advertising portion of any mail

17 matter under former section 4358(d) or 4358(e) of this title

18 shall be equal to the rates for the advertising portion of the

19 most closely corresponding regular-rate category of mail, ex20 cept that if the advertising portion does not exceed 10 per21 cent of the issue of the publication involved, the advertising

22 portion shall be subject to the same rates as apply to the

23 nonadvertising portion.

24 ‘‘(5) The rates for any advertising under former sec25 tion 4358(f) of this title shall be equal to 75 percent of the
38

HR 2403 EAS

1 rates for advertising contained in the most closely cor2 responding regular-rate category of mail.’’.

3 (2) SPECIAL AUTHORITY.—Subchapter III of

4 chapter 36 is amended by adding at the end the fol5 lowing:

6 ‘‘§ 3642. Special authority relating to reduced-rate

7 categories of mail

8 ‘‘(a) In order to permit the timely implementation of

9 section 3626(a)(2), the Postal Service may establish tem10 porary rates of postage for any class of mail or kind of

11 mailer referred to in section 3626(a)(3)(A).

12 ‘‘(b) Any exercise of authority under this section shall

13 be in conformance with the requirements of section 3626(a),

14 subject to the following:

15 ‘‘(1) All attributable costs and institutional-costs

16 contributions assumed shall be the same as those

17 which were assumed for purposes of the then most re18 cent proceedings under subchapter II pursuant to

19 which rates of postage for the class of mail or kind

20 of mailer involved were last adjusted.

21 ‘‘(2) Any temporary rate established under this

22 section shall take effect upon such date as the Postal

23 Service may determine, except that—

24 ‘‘(A) such a rate may take effect only after

25 10 days’ notice in the Federal Register; and
39

HR 2403 EAS

1 ‘‘(B) no such rate may take effect after Sep2 tember 30, 1998.

3 ‘‘(3) A temporary rate under this section may

4 remain in effect no longer than the last day of the fis5 cal year in which it first takes effect.

6 ‘‘(4) Authority under this section may not be ex7 ercised in a manner that would result in more than

8 1 change taking effect under this section, during the

9 same fiscal year, in the rates of postage for a particu10 lar class of mail or kind of mailer, except as provided

11 in paragraph (5).

12 ‘‘(5) Nothing in paragraph (4) shall prevent an

13 adjustment under this section in rates for a class of

14 mail or kind of mailer with respect to which any

15 rates took effect under this section earlier in the same

16 fiscal year if—

17 ‘‘(A) the rates established for such class of

18 mail or kind of mailer by the earlier adjustment

19 are superseded by new rates established under

20 subchapter II; and

21 ‘‘(B) authority under this paragraph has

22 not previously been exercised with respect to such

23 class of mail or kind of mailer based on the new

24 rates referred to in subparagraph (A).
40

HR 2403 EAS

1 ‘‘(c) The Postal Service may prescribe any regulations

2 which may be necessary to carry out this section, including

3 provisions governing the coordination of adjustments under

4 this section with any other adjustments under this title.’’.

5 (3) TECHNICAL AND CONFORMING AMEND6 MENTS.—

7 (A) SECTION 3626.—Section 3626(i) is re8 pealed.

9 (B) SECTION 3627.—Section 3627 is amend10 ed by striking ‘‘sent at a free or reduced rate

11 under section 3217, 3403 through 3406, 3626, or

12 3629 of this title,’’ and inserting ‘‘sent free of

13 postage under section 3217 or 3403 through 3406

14 or at a reduced rate under section 3629’’.

15 (C) TABLE OF CONTENTS.—The table of

16 contents for chapter 36 is amended by inserting

17 after the item relating to section 3641 the follow18 ing:

‘‘3642. Special authority relating to reduced-rate categories of mail.’’.

19 (b) AUTHORIZATION.—

20 (1) IN GENERAL.—Section 2401 is amended—

21 (A) by striking subsections (d) through (f);

22 (B) by redesignating subsections (g) through

23 (i) as subsections (e) through (g), respectively;
41

HR 2403 EAS

1 (C) in subsection (f) (as so redesignated by

2 subparagraph (B)) by striking the second sen3 tence;

4 (D) in subsection (g) (as so redesignated by

5 subparagraph (B)) by striking ‘‘subsections (b)

6 and (d) of this section’’ and inserting ‘‘sub7 section (b)’’; and

8 (E) by inserting after subsection (c) the fol9 lowing:

10 ‘‘(d) As reimbursement to the Postal Service for losses

11 which it incurred as a result of insufficient amounts appro12 priated under section 2401(c) for fiscal years 1991 through

13 1993, and to compensate for the additional revenues it is

14 estimated the Postal Service would have received under the

15 provisions of section 3626(a), for the period beginning on

16 October 1, 1993, and ending on September 30, 1998,

17 if the fraction specified in subclause (VI) of section

18 3626(a)(3)(B)(ii) were applied with respect to such period

19 (instead of the respective fractions specified in subclauses

20 (I) through (V) thereof), there are authorized to be appro21 priated to the Postal Service $29,000,000 for each of fiscal

22 years 1994 through 2035.’’.

23 (2) RATEMAKING LIMITATIONS.—

24 (A) IN GENERAL.—Except as provided in

25 subparagraph (B), rates of postage may not be
42

HR 2403 EAS

1 established, under subchapter II of chapter 36 of

2 title 39, United States Code, in a manner de3 signed to allow the United States Postal Service

4 to receive through revenues any portion of the

5 additional revenues (referred to in section

6 2401(d) of such title, as amended by paragraph

7 (1)(E)) for which amounts are authorized to be

8 appropriated under such section 2401(d).

9 (B) EXCEPTION.—If Congress fails to ap10 propriate an amount authorized under section

11 2401(d) of title 39, United States Code (as

12 amended by paragraph (1)(E)), rates for the var13 ious classes of mail may be adjusted in accord14 ance with the provisions of subchapter II of

15 chapter 36 of such title (excluding section 3627

16 thereof) such that the resulting increase in reve17 nues will equal the amount that Congress so

18 failed to appropriate.

19 (c) APPLICABILITY.—

20 (1) RATES.—The amendments made by sub21 section (a) shall apply with respect to rates for mail

22 sent after September 30, 1993.

23 (2) AUTHORIZATION.—The amendments made by

24 subsection (b) shall apply with respect to appropria-
43

HR 2403 EAS

1 tions for fiscal years beginning after September 30,

2 1993.

3 ELIGIBILITY OF CERTAIN MAILINGS FOR REDUCED RATES

4 OF POSTAGE

5 SEC. 705. (a) ADVERTISING.—Section 3626(j)(1) is

6 amended—

7 (1) in subparagraph (B) by striking ‘‘or’’ after

8 the semicolon;

9 (2) in subparagraph (C) by striking the period

10 and inserting ‘‘; or’’; and

11 (3) by adding at the end the following:

12 ‘‘(D) any product or service (other than any to

13 which subparagraph (A), (B), or (C) relates), if—

14 ‘‘(i) the sale of such product or the provid15 ing of such service is not substantially related

16 (aside from the need, on the part of the organiza17 tion promoting such product or service, for in18 come or funds or the use it makes of the profits

19 derived) to the exercise or performance by the or20 ganization of one or more of the purposes con21 stituting the basis for the organization’s author22 ization to mail at such rates; or

23 ‘‘(ii) the mail matter involved is part of a

24 cooperative mailing (as defined under regula25 tions of the Postal Service) with any person or

26 organization not authorized to mail at the rates
44

HR 2403 EAS

1 for mail under former section 4452(b) or 4452(c)

2 of this title;

3 except that—

4 ‘‘(I) any determination under clause (i)

5 that a product or service is not substantially re6 lated to a particular purpose shall be made

7 under regulations which shall be prescribed by

8 the Postal Service and which shall be consistent

9 with standards established by the Internal Reve10 nue Service and the courts under subsections (a)

11 and (c) of section 513 of the Internal Revenue

12 Code of 1986; and

13 ‘‘(II) clause (i) shall not apply if the prod14 uct involved is a periodical publication described

15 in subsection (m)(2) (including a subscription to

16 receive any such publication).’’.

17 (b) PRODUCTS.—Section 3626 is amended by adding

18 at the end the following:

19 ‘‘(m)(1) In the administration of this section, the rates

20 for mail under former section 4452(b) or 4452(c) of this

21 title shall not apply to mail consisting of products, unless

22 such products—

23 ‘‘(A) were received by the organization as gifts or

24 contributions; or
45

HR 2403 EAS

1 ‘‘(B) are low cost articles (as defined by section

2 513(h)(2) of the Internal Revenue Code of 1986).

3 ‘‘(2) Paragraph (1) shall not apply with respect to a

4 periodical publication of a qualified nonprofit organiza5 tion.’’.

6 (c) CERTIFICATION; VERIFICATION.—Section

7 3626(j)(3) is amended—

8 (1) by striking ‘‘(3)’’ and inserting ‘‘(3)(A)’’;

9 and

10 (2) by adding at the end the following:

11 ‘‘(B) The Postal Service shall establish procedures to

12 carry out this paragraph, including procedures for mailer

13 certification of compliance with the conditions specified in

14 paragraph (1)(D) or subsection (m), as applicable, and ver15 ification of such compliance.’’.

16 (d) APPLICABILITY.—The amendments made by this

17 section shall apply with respect to mail sent, and the rates

18 for mail sent, after September 30, 1993.

19 PROVISIONS RELATING TO RATES FOR BOOKS AND CERTAIN

20 OTHER MATERIALS

21 SEC. 706. (a) IN GENERAL.—Section 3683(b) is

22 amended to read as follows:

23 ‘‘(b) The rates of postage under former section

24 4554(b)(1) of this title shall not be effective except with re25 spect to mailings which—
46

HR 2403 EAS

1 ‘‘(1) constitute materials specified in former sec2 tion 4554(b)(2) of this title; and

3 ‘‘(2) are sent between—

4 ‘‘(A) an institution, organization, or asso5 ciation listed in subparagraph (A) or (B) of such

6 former section 4554(b)(1) and any other such in7 stitution, organization, or association;

8 ‘‘(B) an institution, organization, or asso9 ciation referred to in subparagraph (A) and any

10 individual (other than an individual having a

11 financial interest in the sale, promotion, or dis12 tribution of the materials involved); or

13 ‘‘(C) an institution, organization, or asso14 ciation referred to in subparagraph (A) and a

15 qualified nonprofit organization (as defined in

16 former section 4452(d) of this title) that is not

17 such an institution, organization, or associa18 tion.’’.

19 (b) APPLICABILITY.—The amendment made by sub20 section (a) shall apply with respect to mail sent after Sep21 tember 30, 1993.

22 SENSE OF CONGRESS

23 SEC. 707. It is the sense of the Congress that any legis24 lation, enacted after September 30, 1994, which would have

25 the effect of expanding the classes of mail or kinds of mailers

26 eligible for reduced rates of postage should provide for suffi-
47

HR 2403 EAS

1 cient funding to ensure that neither any losses to the United

2 States Postal Service nor any increase in the rates of post3 age for any of the other classes of mail or kinds of mailers

4 will result.

5 TECHNICAL CORRECTIONS

6 SEC. 708. (a) SECTION 410.—Section 410(b) is

7 amended—

8 (1) in paragraph (8) by striking ‘‘and’’ after the

9 semicolon;

10 (2) in the first paragraph (9) by striking ‘‘Chap11 ter’’ and inserting ‘‘chapter’’, and by striking the pe12 riod and inserting ‘‘; and’’; and

13 (3) by designating the second paragraph (9) as

14 paragraph (10).

15 (b) SECTION 3202.—Section 3202(a) is amended—

16 (1) in paragraph (3) by adding ‘‘and’’ after the

17 semicolon; and

18 (2) in paragraph (4) by striking ‘‘; and’’ and

19 inserting a period.

20 (c) SECTION 3601.—Section 3601(a) is amended by

21 striking ‘‘concent’’ and inserting ‘‘consent’’.

22 (d) SECTION 3625.—Section 3625(d) is amended by

23 striking ‘‘section 3268’’ and inserting ‘‘section 3628’’.

24 (e) SECTION 3626.—Section 3626 is amended by redes25 ignating the second subsection (k) as subsection (l).
48

HR 2403 EAS

1 Ω103æPage 82, after line 7 insert:

2 SEC. 709. REDUCED RATES FOR VOTER REGISTRA3 TION MAIL.—Section 3629 of title 39, United States Code,

4 as enacted by section 8(h) of Public Law 103–31, the Na5 tional Voter Registration Act of 1993, is amended by strik6 ing ‘‘the rate for any class of mail that is available to a

7 qualified nonprofit organization under section 3626’’ and

8 inserting in lieu thereof ‘‘a rate which is one-half the appli9 cable rate for First-Class Mail, as provided in the relevant

10 classification and rate schedules,’’.

11 Ω104æPage 82, after line 7 insert:

12 TITLE VIII—NONSMOKING POLICY

13 SEC. 801. SHORT TITLE.

14 This title may be cited as the ‘‘Preventing Our Federal

15 Building Workers and Visitors From Exposure to Deadly

16 Smoke (PRO–FEDS) Act of 1993’’.

17 SEC. 802. FINDINGS.

18 Congress finds that—

19 (1) environmental tobacco smoke comes from sec20 ondhand smoke exhaled by smokers and sidestream

21 smoke emitted from the burning of cigarettes, cigars,

22 and pipes;

23 (2) since citizens of the United States spend up

24 to 90 percent of a day indoors, there is a significant
49

HR 2403 EAS

1 potential for exposure to environmental tobacco smoke

2 from indoor air;

3 (3) exposure to environmental tobacco smoke oc4 curs in schools, public buildings, and other indoor fa5 cilities;

6 (4) recent scientific studies have concluded that

7 exposure to environmental tobacco smoke is a cause of

8 lung cancer in healthy nonsmokers and is responsible

9 for acute and chronic respiratory problems and other

10 health impacts in sensitive populations (including

11 children);

12 (5) the health risks posed by environmental to13 bacco smoke exceed the risks posed by many environ14 mental pollutants regulated by the Environmental

15 Protection Agency; and

16 (6) according to information released by the En17 vironmental Protection Agency, environmental to18 bacco smoke results in a loss to the economy of over

19 $3,000,000,000 per year.

20 SEC. 803. DEFINITIONS.

21 As used in this title:

22 (1) ADMINISTRATOR.—The term ‘‘Adminis23 trator’’ means the Administrator of the Environ24 mental Protection Agency.
50

HR 2403 EAS

1 (2) EXECUTIVE AGENCY.—The term ‘‘Executive

2 agency’’ has the meaning provided in section 105 of

3 title 5, United States Code.

4 (3) FEDERAL AGENCY.—The term ‘‘Federal agen5 cy’’ includes any Executive agency, the Executive Of6 fice of the President, any military department, any

7 court of the United States, the Administrative Office

8 of the United States Courts, the Library of Congress,

9 the Botanic Garden, the Government Printing Office,

10 the Congressional Budget Office, the United States

11 Postal Service, the Postal Rate Commission, the Office

12 of the Architect of the Capitol, the Office of Tech13 nology Assessment, and any other agency of the execu14 tive, legislative, and judicial branches.

15 (4) FEDERAL BUILDING.—The term ‘‘Federal

16 building’’ means any building or other structure

17 owned or leased for use by a Federal agency, except

18 that the term shall not include any area of a building

19 that is used primarily as living quarters.

20 (5) SECRETARY.—The term ‘‘Secretary’’ means

21 the Secretary of Health and Human Services.

22 SEC. 804. NONSMOKING POLICY FOR FEDERAL BUILDINGS.

23 (a) IN GENERAL.—

24 (1) ISSUANCE OF GUIDELINES.—Not later than

25 180 days after the date of enactment of this Act, the
51

HR 2403 EAS

1 Administrator shall issue guidelines for instituting

2 and enforcing a nonsmoking policy at each Federal

3 agency.

4 (2) CONTENTS OF GUIDELINES.—A nonsmoking

5 policy that meets the requirements of the guidelines

6 shall, at a minimum, prohibit smoking in each in7 door portion of a Federal building that is not venti8 lated separately (as defined by the Administrator)

9 from other portions of the facility.

10 (b) ADOPTION OF GUIDELINES.—

11 (1) IN GENERAL.—As soon as is practicable after

12 the date of issuance of the guidelines referred to in

13 subsection (a), the head of each Executive agency, and

14 the Director of the Administrative Office of the Unit15 ed States Courts shall adopt a nonsmoking policy ap16 plicable to the Federal agency under the jurisdiction

17 of the individual that meets the requirements of the

18 guidelines referred to in subsection (a), and take such

19 action as is necessary to ensure that the policy is car20 ried out in the manner specified in the guidelines.

21 (2) LEGISLATIVE BRANCH.—As soon as is prac22 ticable after the date of issuance of the guidelines re23 ferred to in subsection (a), the following entities and

24 individuals shall adopt a nonsmoking policy that

25 meets the requirements of the guidelines referred to in
52

HR 2403 EAS

1 subsection (a), and take such action as is necessary

2 to ensure that the policy is carried out in the manner

3 specified in the guidelines:

4 (A) With respect to the House of Represent5 atives (including any office space or buildings of

6 the House of Representatives), the House Office

7 Building Commission.

8 (B) With respect to the Senate (including

9 any office space or buildings of the Senate), the

10 Committee on Rules and Administration of the

11 Senate.

12 (C) With respect to any other area occupied

13 or used by a Federal agency of the legislative

14 branch, the Architect of the Capitol.

15 (3) CERTIFICATION FOR EXECUTIVE AGENCIES.—

16 The Administrator of General Services, in consulta17 tion with the Administrator, shall review each non18 smoking policy adopted by the head of an Executive

19 agency and shall certify those policies that meet the

20 requirements of the guidelines referred to in sub21 section (a). In carrying out the certification, the Ad22 ministrator of General Services shall use a procedure

23 and apply criteria that the Administrator shall estab24 lish. Except as provided in subsection (c), if a policy
53

HR 2403 EAS

1 does not meet the requirements of the guidelines, the

2 Administrator of General Services shall—

3 (A) in a written communication, advise the

4 head of the Executive agency concerning modi5 fications of the policy to meet the requirements;

6 and

7 (B) publish the communication in the Fed8 eral Register.

9 (c) WAIVERS.—

10 (1) EXECUTIVE AGENCIES.—The head of an Ex11 ecutive agency may publicly petition the Adminis12 trator of General Services for a waiver from institut13 ing or enforcing a nonsmoking policy (or policy re14 quirement) under the guidelines issued pursuant to

15 subsection (a). The Administrator of General Services

16 may waive the requirement if, after consultation with

17 the Administrator, the Administrator of General

18 Services determines that—

19 (A) unusual extenuating circumstances pre20 vent the head of the Federal agency from enforc21 ing the policy (or a requirement under the pol22 icy) (including a case in which the Federal agen23 cy shares space in an indoor facility with a non24 Federal entity and cannot obtain an agreement

25 with the other entity to abide by the nonsmoking
54

HR 2403 EAS

1 policy requirement) and the head of the Execu2 tive agency will establish and make a good-faith

3 effort to enforce an alternative nonsmoking pol4 icy (or alternative requirement under the policy)

5 that will protect individuals from exposure to

6 environmental tobacco smoke to the maximum

7 extent possible; or

8 (B) the head of the Executive agency will

9 enforce an alternative nonsmoking policy (or al10 ternative requirement under the policy) that will

11 protect individuals from exposure to environ12 mental tobacco smoke to the same degree as the

13 requirement under the guidelines issued pursu14 ant to subsection (a).

15 (2) AGENCIES OF THE JUDICIAL BRANCH.—After

16 consultation with the Administrator, and after pro17 viding public notice and reasonable opportunity for

18 public review and comment, the Director of the Ad19 ministrative Office of the United States Courts may,

20 on the basis of the criteria for a waiver referred to in

21 paragraph (1), make such modifications to the non22 smoking policy required to be carried out pursuant to

23 subsection (b) as the Director determines to be nec24 essary. The Director may not make any modification
55

HR 2403 EAS

1 that violates the criteria for a waiver under para2 graph (1).

3 (3) AGENCIES OF THE LEGISLATIVE BRANCH.—

4 After consultation with the Administrator, and after

5 providing public notice and reasonable opportunity

6 for public review and comment, the appropriate en7 tity or individual referred to in subparagraphs (A)

8 through (C) of subsection (b)(2) may, on the basis of

9 the criteria for a waiver referred to in paragraph (1),

10 make such modifications to the nonsmoking policy re11 quired to be carried out pursuant to subsection (b) as

12 the entity or individual determines to be necessary.

13 The entity or individual may not make any modifica14 tion that violates the criteria for a waiver under

15 paragraph (1).

16 (d) COLLECTIVE BARGAINING AGREEMENTS.—

17 (1) IN GENERAL.—In a Federal agency in which

18 a labor organization has been accorded recognition as

19 a bargaining unit pursuant to chapter 71 of title 5,

20 United States Code, the Federal agency shall engage

21 in collective bargaining pursuant to section 7114 of

22 title 5, United States Code, to ensure the implementa23 tion of the requirements of this section that affect

24 work areas predominately occupied by the employees

25 represented by the labor organization by the date of
56

HR 2403 EAS

1 the adoption, pursuant to this section, of a non2 smoking policy applicable to the Federal agency.

3 (2) EXEMPTION.—

4 (A) IN GENERAL.—If, on the date of enact5 ment of this Act—

6 (i) a bargaining unit referred to in

7 paragraph (1) has in effect a collective bar8 gaining agreement with respect to which a

9 Federal agency is a party; and

10 (ii) the collective bargaining agreement

11 referred to in clause (i) includes provisions

12 relating to smoking privileges that are in

13 violation of the requirements of this section,

14 the head of the Federal agency may exempt work

15 areas predominately occupied by the employees

16 subject to the collective bargaining agreement

17 from the nonsmoking policy that the Federal

18 agency is required to be carried out under sub19 section (b).

20 (B) TERMINATION OF EXEMPTION.—

21 (i) IN GENERAL.—An exemption re22 ferred to in subparagraph (A) shall termi23 nate on the earlier of—

24 (I) the first expiration date (after

25 the date of enactment of this Act) of the
57

HR 2403 EAS

1 collective bargaining agreement con2 taining the provisions relating to

3 smoking privileges; or

4 (II) the date that is 1 year after

5 the date of issuance of the guidelines.

6 (ii) IMPLEMENTATION OF NONSMOKING

7 POLICY AFTER TERMINATION DATE.— By

8 the applicable date specified in clause

9 (i)(II), the head of each Federal agency

10 shall be required to enforce a nonsmoking

11 policy that meets the requirements of the

12 guidelines issued under subsection (a) in

13 each work area under the jurisdiction of the

14 head of the Federal agency, notwithstanding

15 any collective bargaining agreement that

16 contains provisions that are less restrictive

17 than the nonsmoking policy.

18 SEC. 805. TECHNICAL ASSISTANCE AND OUTREACH ACTIVI19 TIES.

20 (a) TECHNICAL ASSISTANCE.—The Administrator and

21 the Secretary shall provide technical assistance to the heads

22 of Federal agencies and other persons who request technical

23 assistance. The technical assistance shall include informa24 tion—
58

HR 2403 EAS

1 (1) on smoking cessation programs for employ2 ees; and

3 (2) to assist in compliance with the requirements

4 of this title.

5 (b) OUTREACH ACTIVITIES.—The Administrator, in

6 consultation with the Secretary, shall establish an outreach

7 program to inform the public concerning the dangers of en8 vironmental tobacco smoke. As part of the outreach pro9 gram, the Administrator and the Secretary shall make

10 available to the general public brochures and other edu11 cational materials. In establishing the programs under this

12 paragraph, the Administrator and the Secretary shall co13 operate to maximize the sharing of information and re14 sources.

15 SEC. 806. REPORT BY THE ADMINISTRATOR.

16 Not later than 2 years after the date of enactment of

17 this Act, the Administrator shall submit a report to Con18 gress that includes—

19 (1) information concerning the degree of compli20 ance with this title; and

21 (2) an assessment of the legal status of smoking

22 in public places.
59

HR 2403 EAS

1 SEC. 807. PREEMPTION.

2 Nothing in this title is intended to preempt any provi3 sion of law of a State or political subdivision of a State

4 that is more restrictive than a provision of this title.

5 SEC. 808. EXEMPTION.

6 No provision in this title shall be construed to affect

7 or otherwise impair the authority of the Secretary of Veter8 ans Affairs, under section 526 of the Veterans Health Care

9 Act of 1992 (38 U.S.C. 1715 note).

10 Ω105æPage 82, after line 7 insert:

11 TITLE IX—CIGARETTE SALES TO MINORS

12 SEC. 901. FINDINGS.

13 The Congress finds that—

14 (1) cigarette smoking and the use of smokeless to15 bacco products continue to represent major health

16 hazards to the Nation, causing approximately

17 434,000 deaths each year;

18 (2) cigarette smoking continues to be the single

19 most preventable cause of death and disability in the

20 United States;

21 (3) tobacco products contain hazardous addi22 tives, gases, and other chemical constituents dan23 gerous to health;
60

HR 2403 EAS

1 (4) the use of tobacco products costs the United

2 States more than $60,000,000,000 in lost productivity

3 and health care costs;

4 (5) tobacco products contain nicotine, a poison5 ous, addictive drug;

6 (6) despite the known adverse health effects asso7 ciated with tobacco, it remains one of the least regu8 lated consumer products and is readily available to

9 children and adolescents throughout the United

10 States;

11 (7) 90 percent of adult smokers start smoking in

12 adolescence or childhood and continue to smoke

13 throughout their adult lives;

14 (8) each day, more than 3,000 children and ado15 lescents start smoking and collectively consume nearly

16 one billion packs of cigarettes per year;

17 (9) reliable studies indicate that tobacco is a

18 gateway to other, increasingly more harmful drugs,

19 and that tobacco use continues after use of other drugs

20 begins; and

21 (10) the Congress of the United States has a

22 major policy setting role in ensuring that the use of

23 tobacco products among minors is discouraged to the

24 maximum extent possible.
61

HR 2403 EAS

1 SEC. 902. DEFINITIONS.

2 As used in this title—

3 (1) the term ‘‘Federal agency’’ means—

4 (A) an Executive agency as defined in sec5 tion 105 of title 5, United States Code; and

6 (B) each entity specified in paragraphs (B)

7 through (H) of section 5721(1) of title 5, United

8 States Code;

9 (2) the term ‘‘Federal building’’ means—

10 (A) any building or other structure owned

11 in whole or in part by the United States or any

12 Federal agency, including any such structure oc13 cupied by a Federal agency under a lease agree14 ment, except that the term shall not include any

15 area or portion of a building not leased by the

16 Federal Government; and

17 (B) includes the real property on which

18 such building is located;

19 (3) the term ‘‘minor’’ means an individual

20 under the age of 18 years; and

21 (4) the term ‘‘tobacco product’’ means cigarettes,

22 cigars, little cigars, pipe tobacco, smokeless tobacco,

23 snuff, and chewing tobacco.
62

HR 2403 EAS

1 SEC. 903. TOBACCO PRODUCTS VENDING MACHINE AND

2 FREE SAMPLE BAN IN FEDERAL BUILDINGS.

3 (a) IN GENERAL.—No later than 45 days after the date

4 of the enactment of this Act, the Administrator of General

5 Services and the head of each Federal agency shall promul6 gate regulations that prohibit the sale of tobacco products

7 in vending machines located in or around any Federal

8 building under the jurisdiction of the Administrator or such

9 agency head.

10 (b) EXCEPTION.—The Administrator of General Serv11 ices or the head of an agency, as appropriate, may des12 ignate areas not subject to the provisions of subsection (a),

13 if such area also prohibits the presence of minors.

14 (c) JURISDICTION OF FEDERAL BUILDINGS AND AD15 MINISTRATION.—The provisions of this section shall be car16 ried out—

17 (1) by the Administrator of General Services for

18 any Federal building which is maintained, leased, or

19 has title of ownership vested in the General Services

20 Administration; or

21 (2) by the head of a Federal agency for any Fed22 eral building which is maintained, leased, or has title

23 of ownership vested in such agency.

24 SEC. 904. COMPLIANCE REPORT.

25 No later than 90 days after the date of enactment of

26 this Act, the Administrator of General Services and each
63

HR 2403 EAS

1 head of an agency shall prepare and submit, to the appro2 priate committees of Congress, a report that shall contain—

3 (1) verification that the Administrator or such

4 head of an agency is in compliance with this Act; and

5 (2) a detailed list of the location of all tobacco

6 product vending machines located in Federal build7 ings under the administration of the Administrator

8 or such head of an agency.

9 SEC. 905. APPLICATION TO THE UNITED STATES CAPITOL

10 AND GROUNDS.

11 (a) IN GENERAL.—No later than 45 days after the date

12 of the enactment of this Act, the Senate Committee on Rules

13 and Administration and the House of Representatives Com14 mittee on House Administration, after consultation with

15 the Architect of the Capitol, shall promulgate regulations

16 under the House and Senate rulemaking authority that pro17 hibit the sale of tobacco products in vending machines in

18 the Capitol Buildings.

19 (b) EXCEPTION.—Such committees may designate

20 areas where such prohibition shall not apply, if such area

21 also prohibits the presence of minors.

22 (c) DEFINITION.—For the purpose of this section the

23 term ‘‘Capitol Buildings’’ shall have the same meaning as

24 such term is defined under section 16(a)(1) of the Act enti25 tled ‘‘An Act to define the area of the United States Capitol
64

HR 2403 EAS

1 Grounds, to regulate the use thereof, and for other pur2 poses’’, approved July 31, 1946 (40 U.S.C. 193m(1)).

3 SEC. 906. RULE OF CONSTRUCTION.

4 Nothing in this Act shall be construed as restricting

5 the authority of the Administrator of General Services or

6 the head of an agency to limit tobacco product use in or

7 around any Federal building, except as provided under sec8 tion 903(a).

Attest:

Secretary.
65

HR 2403 EAS

HR 2403 EAS——2

HR 2403 EAS——3

HR 2403 EAS——4

HR 2403 EAS——5

HR 2403 EAS——6

HR 2403 EAS——7

HR 2403 EAS——8

HR 2403 EAS——9

HR 2403 EAS——10