HR 2020 RS
(i) by striking ‘‘(except competitive
examinations for administrative law judges
appointed
under
section
3105
of
this
title)’’; and
(ii) by striking the semicolon at the
end of paragraph (2) and inserting in lieu
thereof a period; and
(B) by striking the matter following para-
graph (2) through ‘‘principles.’’; and
(2) in subsection (b) by adding at the end the
following new paragraph:
‘‘(4) At the request of the head of an agency
to whom a function has been delegated under sub-
section (a)(2), the Office may provide assistance to
the agency in performing such function. Such assist-
ance shall, to the extent determined appropriate by
the Director of the Office, be performed on a reim-
bursable basis through the revolving fund established
under section 1304(e).’’.
SEC. 2. Subparagraph (B) of section 8348(a)(1) of
title 5, United States Code, is amended—
(1) by inserting ‘‘in making an allotment or as-
signment
made
by
an
individual
under
section
8345(h) or 8465(b) of this title,’’ after ‘‘law),’’; and
HR 2020 RS
(2) by striking ‘‘title 26;’’ and inserting ‘‘title
26 or section 8345(k) or 8469 of this title;’’.
SEC. 3. Section 4(a) of the Federal Workforce Re-
structuring Act of 1994 (Public Law 103–226; 108 Stat.
111) is amended—
(1) by deleting ‘‘FISCAL YEARS 1994
AND
1995’’ and inserting in lieu thereof: ‘‘VOLUNTARY
SEPARATION INCENTIVE PAYMENTS.—’’; and
(2) in paragraph (1)(A) by striking ‘‘and before
October 1, 1995,’’.
SEC. 4. Title 5, United States Code, is amended—
(1) in the second section designated as section
3329 (as added by section 4431(a) of Public Law
102–484)—
(A) by redesignating such section as sec-
tion 3330; and
(B) by adding at the end thereof the fol-
lowing new subsection:
‘‘(f) The Office may, to the extent it determines ap-
propriate, charge such fees to agencies for services pro-
vided under this section and for related Federal employ-
ment information. The Office shall retain such fees to pay
the costs of providing such services and information.’’; and
HR 2020 RS
(2) in the table of sections for chapter 33 by
amending the second item relating to section 3329
to read as follows:
‘‘3330. Government-wide list of vacant positions.’’.
SEC. 5. Section 1 under the subheading ‘‘General Pro-
vision’’ under the heading ‘‘Office of Personnel Manage-
ment’’ under title IV of the Treasury, Postal Service and
General Government Appropriations Act, 1992 (Public Law
102–141; 105 Stat. 861; 5 U.S.C. 5941 note), as amended
by section 532 of the Treasury, Postal Service and General
Government Appropriations Act, 1995 (Public Law 103–
329; 108 Stat. 2413), is further amended by striking ‘‘1996’’
both places it appears and inserting in lieu thereof ‘‘1998’’.
OFFICE OF SPECIAL COUNSEL
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the
Office of Special Counsel pursuant to Reorganization Plan
Numbered 2 of 1978, the Civil Service Reform Act of
1978 (Public Law 95–454), the Whistleblower Protection
Act of 1989 (Public Law 101–12), Public Law 103–424,
and the Uniformed Services Employment and Reemploy-
ment Act of 1994 (Public Law 103–353), including serv-
ices as authorized by 5 U.S.C. 3109, payment of fees and
expenses for witnesses, rental of conference rooms in the
District of Columbia and elsewhere, and hire of passenger
motor vehicles; $7,840,000.
HR 2020 RS
UNITED STATES TAX COURT
SALARIES AND EXPENSES
For necessary expenses, including contract reporting
and other services as authorized by 5 U.S.C. 3109;
$32,899,000 $33,639,000: Provided, That travel expenses
of the judges shall be paid upon the written certificate of
the judge.
This title may be cited as the ‘‘Independent Agencies
Appropriations Act, 1996’’.
TITLE V—GENERAL PROVISIONS
THIS ACT
SECTION 501. No part of any appropriation made
available in this Act shall be used for the purchase or sale
of real estate or for the purpose of establishing new offices
inside or outside the District of Columbia: Provided, That
this limitation shall not apply to programs which have
been approved by the Congress and appropriations made
therefor.
SEC. 502. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
SEC. 503. The expenditure of any appropriation
under this Act for any consulting service through procure-
ment contract, pursuant to 5 U.S.C. 3109, shall be limited
to those contracts where such expenditures are a matter
HR 2020 RS
of public record and available for public inspection, except
where otherwise provided under existing law, or under ex-
isting Executive order issued pursuant to existing law.
SEC. 504. None of the funds made available to the
General Services Administration pursuant to section
210(f) of the Federal Property and Administrative Serv-
ices Act of 1949 shall be obligated or expended after the
date of enactment of this Act for the procurement by con-
tract of any guard, elevator operator, messenger or custo-
dial services if any permanent veterans preference em-
ployee of the General Services Administration at said date,
would be terminated as a result of the procurement of
such services, except that such funds may be obligated or
expended for the procurement by contract of the covered
services with sheltered workshops employing the severely
handicapped under Public Law 92–28. Only if such work-
shops decline to contract for the provision of the covered
services may the General Services Administration procure
the services by competitive contract, for a period not to
exceed 5 years. At such time as such competitive contract
expires or is terminated for any reason, the General Serv-
ices Administration shall again offer to contract for the
services from a sheltered workshop prior to offering such
services for competitive procurement.
HR 2020 RS
SEC. 505. None of the funds made available by this
Act shall be available for any activity or for paying the
salary of any Government employee where funding an ac-
tivity or paying a salary to a Government employee would
result in a decision, determination, rule, regulation, or pol-
icy that would prohibit the enforcement of section 307 of
the Tariff Act of 1930.
SEC. 506. None of the funds made available by this
Act shall be available for the purpose of transferring con-
trol over the Federal Law Enforcement Training Center
located at Glynco, Georgia, and Artesia, New Mexico, out
of the Treasury Department.
SEC. 507. No part of any appropriation contained in
this Act shall be used for publicity or propaganda purposes
within the United States not heretofore authorized by the
Congress.
SEC. 508. No part of any appropriation contained in
this Act shall be available for the payment of the salary
of any officer or employee of the United States Postal
Service, who—
(1) prohibits or prevents, or attempts or threat-
ens to prohibit or prevent, any officer or employee
of the United States Postal Service from having any
direct oral or written communication or contact with
any Member or committee of Congress in connection
HR 2020 RS
with any matter pertaining to the employment of
such officer or employee or pertaining to the United
States Postal Service in any way, irrespective of
whether such communication or contact is at the ini-
tiative of such officer or employee or in response to
the request or inquiry of such Member or committee;
or
(2) removes, suspends from duty without pay,
demotes, reduces in rank, seniority, status, pay, or
performance of efficiency rating, denies promotion
to, relocates, reassigns, transfers, disciplines, or dis-
criminates in regard to any employment right, enti-
tlement, or benefit, or any term or condition of em-
ployment of, any officer or employee of the United
States Postal Service, or attempts or threatens to
commit any of the foregoing actions with respect to
such officer or employee, by reason of any commu-
nication or contact of such officer or employee with
any Member or committee of Congress as described
in paragraph (1) of this subsection.
SEC. 509. Funds under this Act shall be available as
authorized by sections 4501–4506 of title 5, United States
Code, when the achievement involved is certified, or when
an award for such achievement is otherwise payable, in
accordance with such sections. Such funds may not be
HR 2020 RS
used for any purpose with respect to which the preceding
sentence relates beyond fiscal year 1996.
SEC. 510. The Office of Personnel Management may,
during the fiscal year ending September 30, 1996, accept
donations of supplies, services, land and equipment for the
Federal Executive Institute,–the Federal Quality Insti-
tute, and Management Development Centers to assist in
enhancing the quality of Federal management.
SEC. 511. The United States Secret Service may,
during the fiscal year ending September 30, 1996, accept
donations of money to off-set costs incurred while protect-
ing former Presidents and spouses of former Presidents
when the former President or spouse travels for the pur-
pose of making an appearance or speech for a payment
of money or any thing of value.
SEC. 512. None of the funds made available by this
Act may be used to withdraw the designation of the Vir-
ginia Inland Port at Front Royal, Virginia, as a United
States Customs Service port of entry.
SEC. 513. No part of any appropriation contained in
this Act shall be available to pay the salary for any person
filling a position, other than a temporary position, for-
merly held by an employee who has left to enter the Armed
Forces of the United States and has satisfactorily com-
pleted his period of active military or naval service and
HR 2020 RS
has within ninety days after his release from such service
or from hospitalization continuing after discharge for a
period of not more than one year made application for res-
toration to his former position and has been certified by
the Office of Personnel Management as still qualified to
perform the duties of his former position and has not been
restored thereto.
SEC. 514. None of the funds made available in this
Act may be used to provide any non-public information
such as mailing or telephone lists to any person or any
organization outside of the Federal Government without
the approval of the House and Senate Committees on Ap-
propriations.
SEC. 515. COMPLIANCE
WITH
BUY
AMERICAN
ACT.—No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sec-
tions 2 through 4 of the Act of March 3, 1933 (41 U.S.C.
10a–10c, popularly known as the ‘‘Buy American Act’’).
SEC. 516. SENSE OF CONGRESS; REQUIREMENT RE-
GARDING NOTICE.—(a) PURCHASE OF AMERICAN-MADE
EQUIPMENT AND PRODUCTS.—In the case of any equip-
ment or products that may be authorized to be purchased
with financial assistance provided under this Act, it is the
sense of the Congress that entities receiving such assist-
HR 2020 RS
ance should, in expending the assistance, purchase only
American-made equipment and products.
(b) NOTICE
TO RECIPIENTS
OF ASSISTANCE.—In
providing financial assistance under this Act, the Sec-
retary of the Treasury shall provide to each recipient of
the assistance a notice describing the statement made in
subsection (a) by the Congress.
SEC. 517. PROHIBITION OF CONTRACTS.—If it has
been finally determined by a court or Federal agency that
any person intentionally affixed a label bearing a ‘‘Made
in America’’ inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United
States that is not made in the United States, such person
shall be ineligible to receive any contract or subcontract
made with funds provided pursuant to this Act, pursuant
to the debarment, suspension, and ineligibility procedures
described in section 9.400 through 9.409 of title 48, Code
of Federal Regulations.
SEC. 518. Except as otherwise specifically provided
by law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 1996 from
appropriations made available for salaries and expenses
for fiscal year 1996 in this Act, shall remain available
through September 30, 1997 for each such account for
the purposes authorized: Provided, That a request shall
HR 2020 RS
be submitted to the House and Senate Committees on Ap-
propriations for approval prior to the expenditure of such
funds.
SEC. 519. Where appropriations in this Act are ex-
pendable for travel expenses of employees and no specific
limitation has been placed thereon, the expenditures for
such travel expenses may not exceed the amount set forth
therefore in the budget estimates submitted for appropria-
tions without the advance approval of the House and Sen-
ate Committees on Appropriations: Provided, That this
section shall not apply to travel performed by uncompen-
sated officials of local boards and appeal boards in the
Selective Service System; to travel performed directly in
connection with care and treatment of medical bene-
ficiaries of the Department of Veterans Affairs; to travel
of the Office of Personnel Management in carrying out
its observation responsibilities of the Voting Rights Act;
or to payments to interagency motor pools separately set
forth in the budget schedules.
SEC. 520. Notwithstanding any other provision of law
or regulation: (1) The authority of the special police offi-
cers of the Bureau of Engraving and Printing, in the
Washington, DC Metropolitan area, extends to buildings
and land under the custody and control of the Bureau;
to buildings and land acquired by or for the Bureau
HR 2020 RS
through lease, unless otherwise provided by the acquisition
agency; to the streets, sidewalks and open areas imme-
diately adjacent to the Bureau along Wallenberg Place
(15th Street) and 14th Street between Independence and
Maine Avenues and C and D Streets between 12th and
14th Streets; to areas which include surrounding parking
facilities used by Bureau employees, including the lots at
12th and C Streets, SW, Maine Avenue and Water
Streets, SW, Maiden Lane, the Tidal Basin and East Po-
tomac Park; to the protection in transit of United States
securities, plates and dies used in the production of United
States securities, or other products or implements of the
Bureau of Engraving and Printing which the Director of
that agency so designates; (2) The exercise of police au-
thority by Bureau officers, with the exception of the exer-
cise of authority upon property under the custody and con-
trol of the Bureau, shall be deemed supplementary to the
Federal police force with primary jurisdictional respon-
sibility. This authority shall be in addition to any other
law enforcement authority which has been provided to
these officers under other provisions of law or regulations.
SEC. 521. Section 5378 of Title 5, United States
Code, is amended by adding: ‘‘(8) Chief—not more than
the maximum rate payable for GS–14.’’
HR 2020 RS
SEC. 522. Notwithstanding any other provision of
law, there is hereby established in the Treasury of the
United States, a United States Mint Public Enterprise
Fund (the ‘‘Fund’’) Subchapter III of chapter 51 of subtitle
IV of title 31, United States Code, is amended by adding
at the end thereof the following new section: ‘‘SEC. 5136
UNITED STATES MINT PUBLIC ENTERPRISE FUND.’’
There shall be established in the Treasury of the United
States, a United States Mint Public Enterprise Fund (the
‘‘Fund’’) for fiscal year 1996 and hereafter: Provided, That
all receipts from Mint operations and programs, including
the production and sale of numismatic items, the produc-
tion and sale of circulating coinage, the protection of Gov-
ernment assets, and gifts and bequests of property, real
or personal shall be deposited into the Fund and shall be
available without fiscal year limitations: Provided further,
That all expenses incurred by the Secretary of the Treas-
ury for operations and programs of the United States
Mint that the Secretary of the Treasury determines, in
the Secretary’s sole discretion, to be ordinary and reason-
able incidents of Mint operations and programs, and any
expense incurred pursuant to any obligation or other com-
mitment of Mint operations and programs that was en-
tered into before the establishment of the Fund, shall be
paid out of the Fund: Provided further, That not to exceed
HR 2020 RS
6.2415 percent of the nominal value of the coins minted,
shall be paid out of the Fund for the circulating coin oper-
ations and programs previously provided for by appropria-
tion: Provided further, That the Secretary of the Treasury
may borrow such funds from the General Fund as may
be necessary to meet existing liabilities and obligations in-
curred prior to the receipt of revenues into the Fund and:
Provided further, That the General Fund shall be reim-
bursed for such funds by the Fund within one year of the
date of the loan and: Provided further, That the Fund may
retain receipts from the Federal Reserve System from the
sale of circulating coins at face value for deposit into the
Fund;–and: Provided further, That the Secretary of Treas-
ury shall transfer to the Fund all assets and liabilities of
the Mint operations and programs, including all Numis-
matic Public Enterprise Fund assets and liabilities, all re-
ceivables, unpaid obligations and unobligated balances
from the Mint’s appropriation, the Coinage Profit Fund,
and the Coinage Metal Fund, and the land and buildings
of the Philadelphia Mint, Denver Mint, and the Fort Knox
Bullion Depository: Provided further, That the Numis-
matic Public Enterprise Fund, the Coinage Profit Fund
and the Coinage Metal Fund shall cease to exist as sepa-
rate funds as their activities and functions are subsumed
under and subject to the Fund, and the requirements of
HR 2020 RS
31 USC 5134(c)(4), (c)(5)(B), and (d) and (e) of the Nu-
mismatic Public Enterprise Fund shall apply to the Fund:
Provided further, That at such times as the Secretary of
the Treasury determines appropriate, but not less than an-
nually, any amount in the Fund that is determined to be
in excess of the amount required by the Fund shall be
transferred to the Treasury for deposit as miscellaneous
receipts: Provided further, That the term ‘‘Mint operations
and programs’’ means (1) the activities concerning, and
assets utilized in, the production, administration, distribu-
tion, marketing, purchase, sale, and management of coin-
age, numismatic items, the protection and safeguarding
of Mint assets and those non-Mint assets in the custody
of the Mint, and the Fund; and (2) includes capital, per-
sonnel salaries and compensation, functions relating to op-
erations, marketing, distribution, promotion, advertising,
official reception and representation, the acquisition or re-
placement of equipment, the renovation or modernization
of facilities, and the construction or acquisition of new
buildings: Provided further, That the term ‘‘numismatic
item’’ means includes any medal, proof coin, uncirculated
coin, bullion coin, or other coin specifically designated by
statute as a numismatic item, including numismatic col-
lectible other monetary issuances and products and acces-
sories related to any such medal, coin,–or item: Provided
HR 2020 RS
further, That provisions of law governing procurement or
public contracts shall not be applicable to the procurement
of goods or services necessary for carrying out Mint pro-
grams and operations and such programs and operations
shall also be exempt from all government personnel regula-
tions, ceilings, and full-time equivalent controls.
SEC. 523. Section 531 of Public Law 103–329, is
amended by inserting, ‘‘of the first section’’, after ‘‘adding
at the end’’.
SEC. 524. No funds appropriated by this Act shall
be available to pay for an abortion, or the administrative
expenses in connection with any health plan under the
Federal employees health benefit program which provides
any benefits or coverage for abortions.
SEC. 525. The provision of section 524 shall not
apply where the life of the mother would be endangered
if the fetus were carried to term.
SEC. 526. Notwithstanding any other provision of
law, the Administrator of General Services shall delegate
the authority to procure automatic data processing equip-
ment for the Tax Systems Modernization Program to the
Secretary of the Treasury: Provided, That the Director of
the Office of Management and Budget shall have the au-
thority to revoke such delegation upon the written rec-
ommendation of the Administrator that the Secretary’s
HR 2020 RS
actions under such delegation are inconsistent with the
goals of economic and efficient procurement and utiliza-
tion of automatic data processing equipment: Provided
further, That for all other purposes, a procurement con-
ducted under such delegation shall be treated as if made
under a delegation by the Administrator pursuant to 40
U.S.C. 759.
SEC. 527. RELIEF OF CERTAIN PERIODICAL PUBLI-
CATIONS.—For mail classification purposes under section
3626 of title 39, United States Code, and any regulations
of the United States Postal Service for the administration
of that section, a weekly second-class periodical publica-
tion which—
(i) is eligible to publish legal notices under any
applicable laws of the State where it is published;
(ii) is eligible to be mailed at the rates for mail
under former subsection 4358 (a), (b), and (c) of
title 39, United States Code, as limited by current
subsection 3626(g) of that title; and
(iii) the pages of which were customarily se-
cured by 2 staples before March 19, 1989;
shall not be considered to be a bound publication solely
because its pages continue to be secured by 2 staples after
that date.
HR 2020 RS
SEC. 528. None of the funds in this Act may be obli-
gated or expended for employee training that does not
meet identified needs for knowledge, skills and abilities
bearing directly upon the performance of official duties.
SEC. 529. (a) Prior to February 15, 1996, none of
the funds appropriated by this Act may, with respect to
an individual employed by the Bureau of the Public Debt
in the Washington metropolitan region on April 10, 1991,
be used to separate, reduce the grade or pay of, or carry
out any other adverse personnel action against such indi-
vidual for declining to accept a directed reassignment to
a position outside such region, pursuant to a transfer of
any such Bureau’s operations or functions to Parkersburg,
West Virginia.
(b) Subsection (a) shall not apply with respect to any
individual who, prior to February 15, 1996, declines an
offer of another position in the Department of the Treas-
ury which is of at least equal pay and which is within the
Washington metropolitan region.
TITLE VI—GOVERNMENTWIDE GENERAL
PROVISIONS
DEPARTMENTS, AGENCIES, AND CORPORATIONS
SECTION 601. Funds appropriated in this or any
other Act may be used to pay travel to the United States
HR 2020 RS
for the immediate family of employees serving abroad in
cases of death or life threatening illness of said employee.
SEC. 602. No department, agency, or instrumentality
of the United States receiving appropriated funds under
this or any other Act for fiscal year 1996 shall obligate
or expend any such funds, unless such department, agen-
cy, or instrumentality has in place, and will continue to
administer in good faith, a written policy designed to en-
sure that all of its workplaces are free from the illegal
use, possession, or distribution of controlled substances
(as defined in the Controlled Substances Act) by the offi-
cers and employees of such department, agency, or instru-
mentality.
SEC. 603. Notwithstanding 31 U.S.C. 1345, any
agency, department or instrumentality of the United
States which provides or proposes to provide child care
services for Federal employees may reimburse any Federal
employee or any person employed to provide such services
for travel, transportation, and subsistence expenses in-
curred for training classes, conferences or other meetings
in connection with the provision of such services: Provided,
That any per diem allowance made pursuant to this sec-
tion shall not exceed the rate specified in regulations pre-
scribed pursuant to section 5707 of title 5, United States
Code.
HR 2020 RS
SEC. 604. Unless otherwise specifically provided, the
maximum amount allowable during the current fiscal year
in accordance with section 16 of the Act of August 2, 1946
(60 Stat. 810), for the purchase of any passenger motor
vehicle (exclusive of buses, ambulances, law enforcement,
and undercover surveillance vehicles), is hereby fixed at
$8,100 except station wagons for which the maximum
shall be $9,100: Provided, That these limits may be ex-
ceeded by not to exceed $3,700 for police-type vehicles,
and by not to exceed $4,000 for special heavy-duty vehi-
cles: Provided further, That the limits set forth in this sec-
tion may not be exceeded by more than five percent for
electric or hybrid vehicles purchased for demonstration
under the provisions of the Electric and Hybrid Vehicle
Research, Development, and Demonstration Act of 1976:
Provided further, That the limits set forth in this section
may be exceeded by the incremental cost of clean alter-
native fuels vehicles acquired pursuant to Public Law
101–549 over the cost of comparable conventionally fueled
vehicles.
SEC. 605. Appropriations of the executive depart-
ments and independent establishments for the current fis-
cal year available for expenses of travel or for the expenses
of the activity concerned, are hereby made available for
HR 2020 RS
quarters allowances and cost-of-living allowances, in ac-
cordance with 5 U.S.C. 5922–24.
SEC. 606. Unless otherwise specified during the cur-
rent fiscal year no part of any appropriation contained in
this or any other Act shall be used to pay the compensa-
tion of any officer or employee of the Government of the
United States (including any agency the majority of the
stock of which is owned by the Government of the United
States) whose post of duty is in the continental United
States unless such person (1) is a citizen of the United
States, (2) is a person in the service of the United States
on the date of enactment of this Act who, being eligible
for citizenship, has filed a declaration of intention to be-
come a citizen of the United States prior to such date and
is actually residing in the United States, (3) is a person
who owes allegiance to the United States, (4) is an alien
from Cuba, Poland, South Vietnam, the countries of the
former Soviet Union, or the Baltic countries lawfully ad-
mitted to the United States for permanent residence, or
(5) South Vietnamese, Cambodian, and Laotian refugees
paroled in the United States after January 1, 1975, or
(6) nationals of the People’s Republic of China that qual-
ify for adjustment of status pursuant to the Chinese Stu-
dent Protection Act of 1992: Provided, That for the pur-
pose of this section, an affidavit signed by any such person
HR 2020 RS
shall be considered prima facie evidence that the require-
ments of this section with respect to his or her status have
been complied with: Provided further, That any person
making a false affidavit shall be guilty of a felony, and,
upon conviction, shall be fined no more than $4,000 or
imprisoned for not more than one year, or both: Provided
further, That the above penal clause shall be in addition
to, and not in substitution for, any other provisions of ex-
isting law: Provided further, That any payment made to
any officer or employee contrary to the provisions of this
section shall be recoverable in action by the Federal Gov-
ernment. This section shall not apply to citizens of Ire-
land, Israel, the Republic of the Philippines or to nationals
of those countries allied with the United States in the cur-
rent defense effort, or to international broadcasters em-
ployed by the United States Information Agency, or to
temporary employment of translators, or to temporary em-
ployment in the field service (not to exceed sixty days) as
a result of emergencies.
SEC. 607. Appropriations available to any depart-
ment or agency during the current fiscal year for nec-
essary expenses, including maintenance or operating ex-
penses, shall also be available for payment to the General
Services Administration for charges for space and services
and those expenses of renovation and alteration of build-
HR 2020 RS
ings and facilities which constitute public improvements
performed in accordance with the Public Buildings Act of
1959 (73 Stat. 749), the Public Buildings Amendments
of 1972 (87 Stat. 216), or other applicable law.
SEC. 608. In addition to funds provided in this or
any other Act, all Federal agencies are authorized to re-
ceive and use funds resulting from the sale of materials
recovered through recycling or waste prevention programs.
Such funds shall be available until expended for the follow-
ing purposes:
(1) Acquisition, waste reduction and prevention
and recycling programs as described in Executive
Order 12873 (October 20, 1993), including any such
programs adopted prior to the effective date of the
Executive Order.
(2) Other Federal agency environmental man-
agement programs, including but not limited to, the
development and implementation of hazardous waste
management and pollution prevention programs.
(3) Other employee programs as authorized by
law or as deemed appropriate by the head of the
Federal agency.
SEC. 609. Funds made available by this or any other
Act for administrative expenses in the current fiscal year
of the corporations and agencies subject to chapter 91 of
HR 2020 RS
title 31, United States Code, shall be available, in addition
to objects for which such funds are otherwise available,
for rent in the District of Columbia; services in accordance
with 5 U.S.C. 3109; and the objects specified under this
head, all the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the
Act by which they are made available: Provided, That in
the event any functions budgeted as administrative ex-
penses are subsequently transferred to or paid from other
funds, the limitations on administrative expenses shall be
correspondingly reduced.
SEC. 610. No part of any appropriation for the cur-
rent fiscal year contained in this or any other Act shall
be paid to any person for the filling of any position for
which he or she has been nominated after the Senate has
voted not to approve the nomination of said person.
SEC. 611. Any department or agency to which the
Administrator of General Services has delegated the au-
thority to operate, maintain or repair any building or facil-
ity pursuant to section 205(d) of the Federal Property and
Administrative Services Act of 1949, as amended, shall
retain that portion of the GSA rental payment available
for operation, maintenance or repair of the building or fa-
cility, as determined by the Administrator, and expend
such funds directly for the operation, maintenance or re-
HR 2020 RS
pair of the building or facility. Any funds retained under
this section shall remain available until expended for such
purposes.
SEC. 612. Pursuant to section 1415 of the Act of
July 15, 1952 (66 Stat. 662), foreign credits (including
currencies) owed to or owned by the United States may
be used by Federal agencies for any purpose for which
appropriations are made for the current fiscal year (in-
cluding the carrying out of Acts requiring or authorizing
the use of such credits), only when reimbursement therefor
is made to the Treasury from applicable appropriations
of the agency concerned: Provided, That such credits re-
ceived as exchanged allowances or proceeds of sales of per-
sonal property may be used in whole or part payment for
acquisition of similar items, to the extent and in the man-
ner authorized by law, without reimbursement to the
Treasury.
SEC. 613. No part of any appropriation contained in
this or any other Act shall be available for interagency
financing of boards, commissions, councils, committees, or
similar groups (whether or not they are interagency enti-
ties) which do not have a prior and specific statutory ap-
proval to receive financial support from more than one
agency or instrumentality.
HR 2020 RS
SEC. 614. Funds made available by this or any other
Act to the ‘‘Postal Service Fund’’ (39 U.S.C. 2003) shall
be available for employment of guards for all buildings and
areas owned or occupied by the Postal Service and under
the charge and control of the Postal Service, and such
guards shall have, with respect to such property, the pow-
ers of special policemen provided by the first section of
the Act of June 1, 1948, as amended (62 Stat. 281; 40
U.S.C. 318), and, as to property owned or occupied by
the Postal Service, the Postmaster General may take the
same actions as the Administrator of General Services
may take under the provisions of sections 2 and 3 of the
Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C.
318a, 318b), attaching thereto penal consequences under
the authority and within the limits provided in section 4
of the Act of June 1, 1948, as amended (62 Stat. 281;
40 U.S.C. 318c).
SEC. 615. None of the funds made available pursuant
to the provisions of this Act shall be used to implement,
administer, or enforce any regulation which has been dis-
approved pursuant to a resolution of disapproval duly
adopted in accordance with the applicable law of the Unit-
ed States.
SEC. 616. (a) Notwithstanding any other provision
of law, and except as otherwise provided in this section,
HR 2020 RS
no part of any of the funds appropriated for the fiscal
year ending on September 30, 1996, by this or any other
Act, may be used to pay any prevailing rate employee de-
scribed in section 5342(a)(2)(A) of title 5, United States
Code—
(1) during the period from the date of expira-
tion of the limitation imposed by section 617 of the
Treasury, Postal Service and General Government
Appropriations Act, 1995, until the normal effective
date of the applicable wage survey adjustment that
is to take effect in fiscal year 1996, in an amount
that exceeds the rate payable for the applicable
grade and step of the applicable wage schedule in
accordance with such section 617; and
(2) during the period consisting of the remain-
der of fiscal year 1996, in an amount that exceeds,
as a result of a wage survey adjustment, the rate
payable under paragraph (1) by more than the sum
of—
(A) the percentage adjustment taking ef-
fect in fiscal year 1996 under section 5303 of
title 5, United States Code, in the rates of pay
under the General Schedule; and
(B) the difference between the overall aver-
age percentage of the locality-based comparabil-
HR 2020 RS
ity payments taking effect in fiscal year 1996
under section 5304 of such title (whether by
adjustment or otherwise), and the overall aver-
age percentage of such payments which was ef-
fective in fiscal year 1995 under such section.
(b) Notwithstanding any other provision of law, no
prevailing rate employee described in subparagraph (B) or
(C) of section 5342(a)(2) of title 5, United States Code,
and no employee covered by section 5348 of such title,
may be paid during the periods for which subsection (a)
is in effect at a rate that exceeds the rates that would
be payable under subsection (a) were subsection (a) appli-
cable to such employee.
(c) For the purposes of this section, the rates payable
to an employee who is covered by this section and who
is paid from a schedule not in existence on September 30,
1995, shall be determined under regulations prescribed by
the Office of Personnel Management.
(d) Notwithstanding any other provision of law, rates
of premium pay for employees subject to this section may
not be changed from the rates in effect on September 30,
1995, except to the extent determined by the Office of
Personnel Management to be consistent with the purpose
of this section.
HR 2020 RS
(e) This section shall apply with respect to pay for
service performed after September 30, 1995.
(f) For the purpose of administering any provision
of law (including section 8431 of title 5, United States
Code, and any rule or regulation that provides premium
pay, retirement, life insurance, or any other employee ben-
efit) that requires any deduction or contribution, or that
imposes any requirement or limitation on the basis of a
rate of salary or basic pay, the rate of salary or basic pay
payable after the application of this section shall be treat-
ed as the rate of salary or basic pay.
(g) Nothing in this section shall be considered to per-
mit or require the payment to any employee covered by
this section at a rate in excess of the rate that would be
payable were this section not in effect.
(h) The Office of Personnel Management may provide
for exceptions to the limitations imposed by this section
if the Office determines that such exceptions are necessary
to ensure the recruitment or retention of qualified employ-
ees.
SEC. 617. During the period in which the head of
any department or agency, or any other officer or civilian
employee of the Government appointed by the President
of the United States, holds office, no funds may be obli-
gated or expended in excess of $5,000 to furnish or re-
HR 2020 RS
decorate the office of such department head, agency head,
officer or employee, or to purchase furniture or make im-
provements for any such office, unless advance notice of
such furnishing or redecoration is expressly approved by
the Committees on Appropriations of the House and Sen-
ate. For the purposes of this section, the word ‘‘office’’
shall include the entire suite of offices assigned to the indi-
vidual, as well as any other space used primarily by the
individual or the use of which is directly controlled by the
individual.
SEC. 618. Notwithstanding any other provision of
law, no executive branch agency shall purchase, construct,
and/or lease any additional facilities, except within or con-
tiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without
the advance approval of the House and Senate Committees
on Appropriations.
SEC. 619. (a) No amount of any grant made by a
Federal agency shall be used to finance the acquisition of
goods or services (including construction services) unless
the recipient of the grant agrees, as a condition for the
receipt of such grant, to—
(1) specify in any announcement of the award-
ing of the contract for the procurement of the goods
and services involved (including construction serv-
HR 2020 RS
ices) the amount of Federal funds that will be used
to finance the acquisition; and
(2) express the amount announced pursuant to
paragraph (1) as a percentage of the total costs of
the planned acquisition.
(b) The requirements of subsection (a) shall not apply
to a procurement for goods or services (including construc-
tion services) that has an aggregate value of less than
$500,000.
SEC. 620. Notwithstanding section 1346 of title 31,
United States Code, funds made available for fiscal year
1996 by this or any other Act shall be available for the
interagency funding of national security and emergency
preparedness telecommunications initiatives which benefit
multiple Federal departments, agencies, or entities, as
provided by Executive Order Numbered 12472 (April 3,
1984).
SEC. 621. Notwithstanding any provisions of this or
any other Act, during the fiscal year ending September
30, 1996, and hereafter, any department, division, bureau,
or office may use funds appropriated by this or any other
Act to install telephone lines, and necessary equipment,
and to pay monthly charges, in any private residence or
private apartment of an employee who has been authorized
to work at home in accordance with guidelines issued by
HR 2020 RS
the Office of Personnel Management: Provided, That the
head of the department, division, bureau, or office certifies
that adequate safeguards against private misuse exist, and
that the service is necessary for direct support of the agen-
cy’s mission.
SEC. 622. (a) None of the funds appropriated by this
or any other Act may be obligated or expended by any
Federal department, agency, or other instrumentality for
the salaries or expenses of any employee appointed to a
position of a confidential or policy-determining character
excepted from the competitive service pursuant to section
3302 of title 5, United States Code, without a certification
to the Office of Personnel Management from the head of
the Federal department, agency, or other instrumentality
employing the Schedule C appointee that the Schedule C
position was not created solely or primarily in order to
detail the employee to the White House.
(b) The provisions of this section shall not apply to
Federal employees or members of the armed services de-
tailed to or from—
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
HR 2020 RS
(4) the offices within the Department of De-
fense for the collection of specialized national foreign
intelligence through reconnaissance programs;
(5) the Bureau of Intelligence and Research of
the Department of State;
(6) any agency, office, or unit of the Army,
Navy, Air Force, and Marine Corps, the Federal Bu-
reau of Investigation and the Drug Enforcement Ad-
ministration of the Department of Justice, the De-
partment of Transportation, the Department of the
Treasury, and the Department of Energy perform-
ing intelligence functions; and
(7) the Director of Central Intelligence.
SEC. 623. No department, agency, or instrumentality
of the United States receiving appropriated funds under
this or any other Act for fiscal year 1996 shall obligate
or expend any such funds, unless such department, agency
or instrumentality has in place, and will continue to ad-
minister in good faith, a written policy designed to ensure
that all of its workplaces are free from discrimination and
sexual harassment and that all of its workplaces are not
in violation of title VII of the Civil Rights Act of 1964,
as amended, the Age Discrimination in Employment Act
of 1967, and the Rehabilitation Act of 1973.
HR 2020 RS
SEC. 624. No part of any appropriation contained in
this Act may be used to pay for the expenses of travel
of employees, including employees of the Executive Office
of the President, not directly responsible for the discharge
of official governmental tasks and duties: Provided, That
this restriction shall not apply to the family of the Presi-
dent, Members of Congress or their spouses, Heads of
State of a foreign country or their designee(s), persons
providing assistance to the President for official purposes,
or other individuals so designated by the President.
SEC. 625. Notwithstanding any provision of law, the
President, or his designee, must certify to Congress, annu-
ally, that no person or persons with direct or indirect re-
sponsibility for administering the Executive Office of the
President’s Drug-Free Workplace Plan are themselves
subject to a program of individual random drug testing.
SEC. 626. (a) Beginning in fiscal year 1996 and
thereafter, for each Federal agency, except the Depart-
ment of Defense (which has separate authority), and ex-
cept as provided in Public Law 102–393, title IV, section
13 (40 U.S.C. 490g) with respect to the Fund established
pursuant to 40 U.S.C. 490(f), an amount equal to 50 per-
cent of—
(1) the amount of each utility rebate received
by the agency for energy efficiency and water con-
HR 2020 RS
servation measures, which the agency has imple-
mented; and
(2) the amount of the agency’s share of the
measured energy savings resulting from energy-sav-
ings performance contracts
may be retained and credited to accounts that fund energy
and water conservation activities at the agency’s facilities,
and shall remain available until expended for additional
specific energy efficiency or water conservation projects or
activities, including improvements and retrofits, facility
surveys, additional or improved utility metering, and em-
ployee training and awareness programs, as authorized by
section 152(f) of the Energy Policy Act (Public Law 102–
486).
(b) The remaining 50 percent of each rebate, and the
remaining 50 percent of the amount of the agency’s share
of savings from energy-savings performance contracts,
shall be transferred to the General Fund of the Treasury
at the end of the fiscal year in which received.
SEC. 627. Notwithstanding any other provision of
law, there is hereby established a Commission which shall
be known as the ‘‘Commission on Federal Mandates’’
(hereafter referred to as the ‘‘Commission’’): Provided,
That the Commission shall be composed of nine Members
appointed from individuals who possess extensive leader-
HR 2020 RS
ship experience in and knowledge of State, local, and tribal
governments and intergovernmental relations, including
State and local elected officials, as follows: (1) three Mem-
bers appointed by the Speaker of the House of Represent-
atives, in consultation with the minority leader of the
House of Representatives; (2) three Members appointed
by the majority leader of the Senate, in consultation with
the minority leader of the Senate: and (3) three Members
appointed by the President: Provided further, That ap-
pointments may be made under this section without re-
gard to section 5311(b) of title 5, United States Code:
Provided further, That in general, each member of the
Commission shall be appointed for the life of the Commis-
sion and a vacancy in the Commission shall be filled in
the manner in which the original appointment was made:
Provided further, That (1) Members of the Commission
shall serve without pay; (2) Members of the Commission
who are full-time officers or employees of the United
States may not receive additional pay, allowances or bene-
fits by reason of their service on the Commission; and (3)
Each Member of the Commission may receive travel ex-
penses, including per diem in lieu of subsistence, in ac-
cordance with sections 5702 and 5703 of title 5, United
States Code: Provided further, That the Commission shall
convene its first meeting by not later than 15 days after
HR 2020 RS
the date of the completion of appointment of the Members
of the Commission: Provided further, That the Commission
shall report on Federal mandates as specified in sections
302 (a), (c), (d), (e), and (f) of Public Law 104–4: Pro-
vided further, That the Commission shall have all authori-
ties specified under section 303 of Public Law 104–4: Pro-
vided further, That the term ‘‘Federal mandate’’ shall have
the same meaning as specified in section 305 of Public
Law 104–4, notwithstanding sections 3 and 4 of that law:
Provided further, That the Commission shall terminate 90
days after making the final report identified above.
SEC. 628. The amounts otherwise provided in tis Act
under the heading ‘‘General Services Administration—
Federal Buildings Fund—Limitations on Availability of
Revenue’’ for the fololwoing purpsoes are each reduced by
$65,764,000:
(1) Aggregate amount available from the Fund.
(2) Total Amount available from the Fund for
construction of additional projects.
(3) Amount available for new construction,
Maryland, Montgomery and Prince George’s Coun-
ties, Food and Drug Administration, Phase II.
(4) Amount in excess of which revenues and
collections accruing to the Fund shall remain in the
Fund.
HR 2020 RS
SEC. 629. None of the funds made available in this
Act may be obligated or expended for any employee train-
ing when it is made known to the Federal official having
authority to obligate or expend such funds that such em-
ployee training—
(1) does not meet identified needs for knowl-
edge, skills, and abilities bearing directly upon the
performance of official duties;
(2) contains elements likely to induce high lev-
els of emotional response or psychological stress in
some participants;
(3) does not require prior employee notification
of the content and methods to be used in the train-
ing and written end of course evaluations;
(4) contains any methods or content associated
with religious or quasi-religious belief systems or
‘‘new age’’ belief systems as defined in Equal Em-
ployment
Opportunity
Commission
Notice
N–
915.022, dated September 2, 1988;
(5) is offensive to, or designed to change, par-
ticipants’ personal values or lifestyle outside the
workplace; or
(6)
includes
content
related
to
human
immunodeficiency virus/acquired immune deficiency
syndrome (HIV/AIDS) other than that necessary to
HR 2020 RS
make employees more aware of the medical ramifica-
tions of HIV/AIDS and the workplace rights of
HIV-positive employees.
SEC. 630. No amount made available in this Act may
be used for the salaries or expenses of any employee, in-
cluding any employee of the Executive Office of the Presi-
dent, in connection with the obligation or expenditure of
funds in the exchange stabilization fund when it is made
known to the Federal official to whom such amounts are
made available in this Act that such obligation or expendi-
ture is for the purpose of bolstering any foreign currency.
SEC. 631. (a) Notwithstanding the provisions of sec-
tions 112 and 113 of title 3, United States Code, each Exec-
utive agency detailing any personnel shall submit on an
annual basis in each fiscal year to the Senate and House
Committees on Appropriations on all employees or members
of the armed services detailed to Executive agencies, listing
the grade, position, and offices of each person detailed and
the agency to which each such person is detailed.
(b) The provisions of this section shall not apply to
Federal employees or members of the armed services detailed
to or from—
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
100
HR 2020 RS
(4) the offices within the Department of Defense
for the collection of specialized national foreign intel-
ligence through reconnaissance programs;
(5) the Bureau of Intelligence and Research of
the Department of State;
(6) any agency, office, or unit of the Army,
Navy, Air Force, Marine Corps, the Federal Bureau
of Investigation and the Drug Enforcement Adminis-
tration of the Department of Justice, the Department
of the Treasury, the Department of Transportation,
and the Department of Energy performing intel-
ligence functions; and
(7) the Director of Central Intelligence.
(c) The exemptions in part (b) of this section are not
intended to apply to information on the use of personnel
detailed to or from the intelligence agencies which is cur-
rently being supplied to the Senate and House Intelligence
and Appropriations Committees by the executive branch
through budget justification materials and other reports.
(d) For the purpose of this section, the term ‘‘Executive
agency’’ has the same meaning as defined under section 105
of title 5, United States Code (except that the provisions
of section 104(2) of title 5, United States Code, shall not
apply), and includes the White House Office, the Executive
101
HR 2020 RS
Residence, and any office, council, or organizational unit
of the Executive Office of the President.
SEC. 632. No funds appropriated in this or any other
Act for fiscal year 1996 may be used to implement or en-
force the agreements in Standard Forms 312 and 4355 of
the Government or any other nondisclosure policy, form or
agreement if such policy, form or agreement does not con-
tain the following provisions: ‘‘These restrictions are con-
sistent with and do not supersede, conflict with or otherwise
alter the employee obligations, rights or liabilities created
by Executive Order 12356; section 7211 of title 5, United
States Code (governing disclosures to Congress); section
1034 of title 10, United States Code, as amended by the
Military Whistleblower Protection Act (governing disclosure
to Congress by members of the military); section 2302(b)(8)
of title 5, United States Code, as amended by the Whistle-
blower Protection Act (governing disclosures of illegality,
waste, fraud, abuse or public health or safety threats); the
Intelligence Identities Protection Act of 1982 (50 U.S.C.
421 et seq.) (governing disclosures that could expose con-
fidential Government agents), and the statutes which pro-
tect against disclosure that may compromise the national
security, including sections 641, 793, 794, 798, and 952 of
title 18, United States Code, and section 4(b) of the Subver-
sive Activities Act of 1950 (50 U.S.C. section 783(b)). The