IB
103D CONGRESS
1ST SESSION
H. R. 2403
IN THE HOUSE OF REPRESENTATIVES
AUGUST 3, 1993
Ordered to be printed with the amendments of the Senate numbered
AN ACT
Making appropriations for the Treasury Department, the
United States Postal Service, the Executive Office of
the President, and certain Independent Agencies, for the
fiscal year ending September 30, 1994, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
Treasury Department, the United States Postal Service,
the Executive Office of the President, and certain Inde-
pendent Agencies, for the fiscal year ending September 30,
1994, and for other purposes, namely:
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TITLE I
DEPARTMENT OF THE TREASURY
DEPARTMENTAL OFFICES
SALARIES AND EXPENSES
For necessary expenses of the Departmental Offices
including operation and maintenance of the Treasury
Building and Annex; hire of passenger motor vehicles;
maintenance, repairs, and improvements of, and purchase
of commercial insurance policies for, real properties leased
or owned overseas, when necessary for the performance
of official business; not to exceed $2,900,000 for official
travel expenses; not to exceed $100,000 for official recep-
tion and representation expenses, of which $75,000 is for
such expenses of the international affairs function of the
Offices; Ω1æof which not less than $6,902,000 and 90 full-
time equivalent positions shall be available for enforcement
activities, and of which no less than $2,971,000 and 46 full-
time equivalent positions shall be available for the Office
of Foreign Assets Control; not to exceed $258,000 for un-
foreseen emergencies of a confidential nature, to be allo-
cated and expended under the direction of the Secretary
of the Treasury and to be accounted for solely on his cer-
tificate; not to exceed $488,000, to remain available until
expended, for repairs and improvements to the Main
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Treasury 
Building 
and 
Annex; 
Ω2æ$104,597,000
$105,700,000.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, hire of passenger motor
vehicles; not to exceed $2,000,000 for official travel ex-
penses; not to exceed $100,000 for unforeseen emer-
gencies of a confidential nature, to be allocated and ex-
pended under the direction of the Inspector General of the
Treasury; $28,897,000Ω3æ,–of which $300,000 shall re-
main available until expended for the Inspectors General
Auditor Training Institute.
FINANCIAL CRIMES ENFORCEMENT NETWORK
SALARIES AND EXPENSES
For necessary expenses of the Financial Crimes En-
forcement Network, including hire of passenger motor ve-
hicles; not to exceed $4,000 for official reception and rep-
resentation expenses; $18,280,000.
TREASURY FORFEITURE FUND
(LIMITATION OF AVAILABILITY OF DEPOSITS)
For necessary expenses of the Treasury Forfeiture
Fund, as authorized by Public Law 102–393, not to ex-
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ceed Ω4æ$14,770,000 $50,000,000, to be derived from de-
posits in the Fund.
FEDERAL LAW ENFORCEMENT TRAINING CENTER
SALARIES AND EXPENSES
For necessary expenses of the Federal Law Enforce-
ment Training Center, as a bureau of the Department of
the Treasury, including purchase (not to exceed fifty-two
for police-type use) and hire of passenger motor vehicles;
for expenses for student athletic and related activities;
uniforms without regard to the general purchase price lim-
itation for the current fiscal year; the conducting of and
participating in firearms matches and presentation of
awards; for public awareness and enhancing community
support of law enforcement training; not to exceed $7,000
for official reception and representation expenses; room
and board for student interns; and services as authorized
by 5 U.S.C. 3109: Provided, That the Center is authorized
to accept gifts: Provided further, That notwithstanding
any other provision of law, students attending training at
any Federal Law Enforcement Training Center site shall
reside in on-Center or Center-provided housing, insofar as
available and in accordance with Center policy: Provided
further, That funds appropriated in this account shall be
available for State and local government law enforcement
training on a space-available basis; training of foreign law
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facility 
improvements, 
and 
related 
expenses,
Ω7æ$7,712,000 $12,712,000, to remain available until ex-
pended.
FINANCIAL MANAGEMENT SERVICE
SALARIES AND EXPENSES
For necessary expenses of the Financial Management
Service, 
$209,877,000, 
of 
which 
not 
to 
exceed
Ω8æ$9,748,000 $11,539,000, shall remain available until
expended for systems modernization initiatives.
BUREAU OF ALCOHOL, TOBACCO AND FIREARMS
SALARIES AND EXPENSES
For necessary expenses of the Bureau of Alcohol, To-
bacco and Firearms, including purchase of not to exceed
six hundred and fifty vehicles for police-type use for re-
placement only and hire of passenger motor vehicles; hire
of aircraft; and services of expert witnesses at such rates
as may be determined by the Director; for payment of per
diem and/or subsistence allowances to employees where an
assignment to the National Response Team during the in-
vestigation of a bombing or arson incident requires an em-
ployee to work 16 hours or more per day or to remain
overnight at his or her post of duty; not to exceed $10,000
for official reception and representation expenses; for
training of State and local law enforcement agencies with
or without reimbursement; provision of laboratory assist-
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ance to State and local agencies, with or without reim-
bursement; Ω9æ$364,245,000 $368,046,000, not to exceed
$100,000 shall be available for hosting or participating in
the Interagency Committee on Women in Federal Law En-
forcement Conference, the Law Enforcement Explorer
Scouts Conference, and the International Asian Organized
Crime Conference, of which $22,000,000 shall be available
solely for the enforcement of the Federal Alcohol Adminis-
tration Act during fiscal year 1994 and, of which not to
exceed $1,000,000 shall be available for the payment of
attorneys’ fees as provided by 18 U.S.C. 924(d)(2); and
of which $1,000,000 shall be available for the equipping
of any vessel, vehicle, equipment, or aircraft available for
official use by a State or local law enforcement agency
if the conveyance will be used in drug-related joint law
enforcement operations with the Bureau of Alcohol, To-
bacco and Firearms and for the payment of overtime sala-
ries, travel, fuel, training, equipment, and other similar
costs of State and local law enforcement officers that are
incurred in joint operations with the Bureau of Alcohol,
Tobacco and Firearms: Provided, That Ω10æfees will be
collected by the Secretary of the Treasury or his delegate
pursuant to section 108 of this Act, of which not to exceed
$5,000,000 shall be retained and used for the specific pur-
pose of offsetting costs of the Bureau’s Compliance Alco-
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hol Program, notwithstanding 31 U.S.C. 3302(b), and any
fees collected in excess of $5,000,000 shall be deposited
as miscellaneous receipts in the Treasury: Provided fur-
ther, That the sum herein appropriated shall be reduced
by not more than $5,000,000 as fees are collected pursu-
ant to section 108 of this Act: Provided further, That none
of the funds appropriated herein shall be available to in-
vestigate or act upon applications for relief from Federal
firearms disabilities under 18 U.S.C. 925(c) Ω11æ: Pro-
vided further, That such funds shall be available to inves-
tigate and act upon applications filed by corporations for
relief from Federal firearms disabilities under 18 U.S.C sec-
tion 925(c)Ω12æ: Provided further, That funds made avail-
able under this Act shall be used to achieve a minimum
level of 4,261 full-time equivalent positions for fiscal year
1994, of which no fewer than 1,440 shall be allocated for
the 
Armed 
Career 
Criminal 
Apprehension 
Pro-
gramΩ13æProvided further, That no funds made available
by this or any other Act may be used to plan or implement
any reorganization of the Bureau of Alcohol, Tobacco and
Firearms or transfer of the Bureau’s functions, missions,
or activities to other agencies or Departments in the fiscal
year ending on September 30, 1994: Provided further, That
no funds appropriated herein shall be available for salaries
or administrative expenses in connection with consolidat-
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ing or centralizing, within the Department of the Treas-
ury, the records, or any portion thereof, of acquisition and
disposition of firearms maintained by Federal firearms li-
censees.
UNITED STATES CUSTOMS SERVICE
SALARIES AND EXPENSES
For necessary expenses of the United States Customs
Service, including purchase of up to 1,000 motor vehicles
of which 960 are for replacement only, including 990 for
police-type use and commercial operations; hire of motor
vehicles; not to exceed $20,000 for official reception and
representation expenses; and awards of compensation to
informers, as authorized by any Act enforced by the
United States Customs Service; Ω14æ$1,311,819,000
$1,363,668,000, of which such sums as become available
in the Customs User Fee Account, except sums subject
to section 13031(f)(3) of the Consolidated Omnibus Rec-
onciliation Act of 1985, as amended (19 U.S.C. 58c(f)(3)),
shall be derived from that Account; of the total, not to
exceed $150,000 shall be available for payment for rental
space in connection with preclearance operations, and not
to exceed $4,000,000 shall be Ω15æavailable until ex-
pended for research: Provided, That uniforms may be pur-
chased without regard to the general purchase price limi-
tation for the current fiscal year: Provided further, That
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none of the funds made available by this Act shall be avail-
able for administrative expenses to pay any employee over-
time pay in an amount in excess of $25,000: Provided fur-
ther, That the Commissioner or the Commissioner’s des-
ignee may waive this limitation in individual cases in order
to prevent excessive costs or to meet emergency require-
ments of the Service: Provided further, That no funds ap-
propriated by this Act may be used to reduce to single
eight-hour shifts at airports and that all current services
as provided by the Customs Service shall continue through
September 30, 1994Ω16æ: Provided further, That the Unit-
ed States Customs Service shall hire and maintain an aver-
age of not less than 17,941 full-time equivalent positions
in fiscal year 1994, of which a minimum level of 960 full-
time equivalent positions shall be allocated to air interdic-
tion activities of the United States Customs Service: Pro-
vided further, That not less than $750,000 shall be ex-
pended for additional part-time and temporary positions
in the Honolulu Customs District.
OPERATION AND MAINTENANCE, AIR AND MARINE
INTERDICTION PROGRAMS
For expenses, not otherwise provided for, necessary
for the operation and maintenance of marine vessels, air-
craft, and other related equipment of the Air and Marine
Programs, including operational training and mission-re-
lated travel, and rental payments for facilities occupied by
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the air or marine interdiction Ω17æand demand reduction
programs: Provided, That no aircraft or other related
equipment shall be transferred to any other Federal agen-
cy, Department, or office outside of the Department of
the Treasury during fiscal year 1994 Ω18æ$46,063,000
$47,863,000.
OPERATIONS AND MAINTENANCE, CUSTOMS P–3 DRUG
INTERDICTION PROGRAM
For necessary expenses of operations, maintenance,
modifications to, spare parts and related equipment for
Customs P–3 surveillance aircraft for carrying out
Ω19ædefense-related
drug 
interdiction 
purposes;
$28,000,000.
AIR AND MARINE INTERDICTION PROGRAMS,
PROCUREMENT
For the procurement, construction, and modification
of aircraft and marine vessels, equipment, radar, spare
parts, and accessories therefor of the air and marine inter-
diction programs; $21,093,000, to remain available until
expended.
Ω20æCUSTOMS FACILITIES, CONSTRUCTION, IMPROVEMENTS
AND RELATED EXPENSES
For acquisition of necessary additional real property,
facilities, construction, improvements, and related expenses
of the United States Customs Service, $10,000,000, to re-
main available until expended.
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CUSTOMS SERVICES AT SMALL AIRPORTS
(TO BE DERIVED FROM FEES COLLECTED)
Such sums as may be necessary, not to exceed
$1,406,000, for expenses for the provision of Customs
services at certain small airports or other facilities when
authorized by law and designated by the Secretary of the
Treasury, including expenditures for the salary and ex-
penses of individuals employed to provide such services,
to be derived from fees collected by the Secretary of the
Treasury pursuant to section 236 of Public Law 98–573
for each of these airports or other facilities when author-
ized by law and designated by the Secretary of the Treas-
ury, and to remain available until expended.
UNITED STATES MINT
SALARIES AND EXPENSES
For necessary expenses of the United States Mint;
$54,770,000, including amounts for purchase and mainte-
nance of uniforms not to exceed $285 multiplied by the
number of employees of the agency who are required by
regulation or statute to wear a prescribed uniform in the
performance of official duties; and of which $1,517,000
shall remain available until expended for expansion and
improvements.
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BUREAU OF THE PUBLIC DEBT
ADMINISTERING THE PUBLIC DEBT
For necessary expenses connected with any public-
debt issues of the United States; Ω21æ$189,209,000
$187,209,000.
PAYMENT OF GOVERNMENT LOSSES IN SHIPMENT
For necessary expenses for ‘‘Payment of Government
Losses in Shipment’’, $500,000, to remain available until
expended.
INTERNAL REVENUE SERVICE
ADMINISTRATION AND MANAGEMENT
For necessary expenses of the Internal Revenue Serv-
ice, not otherwise provided for; executive direction, man-
agement services, and internal audit and security; includ-
ing purchase (not to exceed 125 for replacement only, for
police-type use) and hire of passenger motor vehicles (31
U.S.C. 1343(b)); and services as authorized by 5 U.S.C.
3109, at such rates as may be determined by the Commis-
sioner; $167,822,000, of which not to exceed $25,000 for
official reception and representation expenses Ω22æ;–and
of which not to exceed $500,000 shall be for research.
PROCESSING TAX RETURNS AND ASSISTANCE
For necessary expenses of the Internal Revenue Serv-
ice, not otherwise provided for; including processing tax
returns; revenue accounting; statistics of income; provid-
ing assistance to taxpayers; hire of passenger motor vehi-
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cles (31 U.S.C. 1343(b)); and services as authorized by
5 U.S.C. 3109, at such rates as may be determined by
the Commissioner; $1,696,853,000, of which $3,700,000
shall be for the Tax Counseling for the Elderly Program,
no amount of which shall be available for IRS administra-
tive costs Ω23æ;–and of which not to exceed $1,000,000
for research.
TAX LAW ENFORCEMENT
For necessary expenses of the Internal Revenue Serv-
ice for determining and establishing tax liabilities; tax and
enforcement litigation; technical rulings; examining em-
ployee plans and exempt organizations; investigation and
enforcement activities; securing unfiled tax returns; col-
lecting unpaid accounts; the purchase (for police-type use,
not to exceed 600, of which not to exceed 450 shall be
for replacement only), and hire of passenger motor vehi-
cles (31 U.S.C. 1343(b)); and services as authorized by
5 U.S.C. 3109, at such rates as may be determined by
the Commissioner: Provided, That additional amounts
above fiscal year 1993 levels for international tax enforce-
ment shall be used for the establishment and operation
of a task force comprised of senior Internal Revenue Serv-
ice Attorneys, accountants, and economists dedicated to
enforcement activities related to United States subsidi-
aries of foreign-controlled corporations that are in non-
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compliance with the Internal Revenue Code: Provided fur-
ther, That additional amounts above fiscal year 1993 levels
for the information reporting program shall be used in-
stead for the examination of the tax returns of high-
income and high-asset taxpayers; Ω24æ$4,007,962,000 of
which
not
to
exceed
$1,000,000
is
for
research
$4,043,281,000, of which not to exceed $1,000,000 shall re-
main available until expended for research; and of which
not less than $360,700,000 and 4,921 full-time equivalent
positions shall be available for tax fraud investigation ac-
tivities.
INFORMATION SYSTEMS
For necessary expenses for data processing and tele-
communications support for Internal Revenue Service ac-
tivities, including: returns processing and services; compli-
ance and enforcement; program support; and tax systems
modernization; and for the hire of passenger motor vehi-
cles (31 U.S.C. 1343(b)); and services as authorized by
5 U.S.C. 3109, at such rates as may be determined by
the Commissioner: Ω25æ$1,402,629,000 $1,487,722,000,
of which not less than $570,166,000 is for tax systems
modernization, and of which not to exceed $60,000,000
shall remain available until expended for other systems de-
velopment projects: Provided, That of the amounts pro-
vided for tax systems modernization not to exceed
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$125,000,000 shall remain available until expended
Ω26æ:–Provided further, That none of the funds appro-
priated for tax systems modernization may be obligated
until the Commissioner of the Internal Revenue Service
reports to the Committees on Appropriations of the House
and Senate on the implementation of Tax Systems Mod-
ernization.
ADMINISTRATIVE PROVISION—INTERNAL REVENUE
SERVICE
SECTION 1. Not to exceed 4 per centum of any appro-
priation made available to the Internal Revenue Service
for the current fiscal year by this Act may be transferred
to any other Internal Revenue Service appropriation upon
the approval of the House and Senate Committees on
Appropriations.
SEC. 2. The Internal Revenue Service shall institute
and maintain a training program to insure that Internal
Revenue Service employees are trained in taxpayers’
rights, in dealing courteously with the taxpayers, and in
cross-cultural relations.
UNITED STATES SECRET SERVICE
SALARIES AND EXPENSES
For necessary expenses of the United States Secret
Service, including purchase (not to exceed three hundred
and forty-three vehicles for police-type use for replacement
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only) and hire of passenger motor vehicles; hire of aircraft;
training and assistance requested by State and local gov-
ernments, which may be provided without reimbursement;
services of expert witnesses at such rates as may be deter-
mined by the Director; rental of buildings in the District
of Columbia, and fencing, lighting, guard booths, and
other facilities on private or other property not in Govern-
ment ownership or control, as may be necessary to per-
form protective functions; for payment of per diem and/
or subsistence allowances to employees where a protective
assignment during the actual day or days of the visit of
a protectee require an employee to work 16 hours per day
or to remain overnight at his or her post of duty; the con-
ducting of and participating in firearms matches; presen-
tation of awards; and for travel of Secret Service employ-
ees on protective missions without regard to the limita-
tions on such expenditures in this or any other Act: Pro-
vided, That approval is obtained in advance from the
House and Senate Committees on Appropriations; for re-
pairs, alterations, and minor construction at the James
J. Rowley Secret Service Training Center; for research
and development; for making grants to conduct behavioral
research in support of protective research and operations;
not to exceed $12,500 for official reception and represen-
tation expenses; not to exceed $50,000 to provide technical
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assistance and equipment to foreign law enforcement orga-
nizations in counterfeit investigations; for payment in ad-
vance for commercial accommodations as may be nec-
essary to perform protective functions; and for uniforms
without regard to the general purchase price limitation for
the current fiscal year; Ω27æ$457,360,000 $461,931,000,
of which not to exceed $300,000 shall be made available
for the protection at the one non-governmental property
designated by the President of the United States and
$70,000 at the airport facility used for travel en route to
or from such property under provisions of section 12 of
the Presidential Protection Assistance Act of 1976 (18
U.S.C. 3056 note).
GENERAL PROVISIONS—DEPARTMENT OF THE
TREASURY
Ω28æSECTION 101. Of the funds appropriated by this
or any other Act to the Internal Revenue Service, amounts
attributable to efficiency savings for fiscal year 1994 shall
be identified as such by the Commissioner during that fis-
cal year: Provided, That in the fiscal year when the sav-
ings are realized, the amount of efficiency savings shall
be non-recurred from the Internal Revenue Service budget
base: Provided further, That on an annual basis, the Inter-
nal Revenue Service shall report to the House and Senate
Appropriations Committees on the status of the program.
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Ω29æSEC. 101. Any obligation or expenditure by the
Secretary in connection with law enforcement activities of
a Federal agency or of a Department of the Treasury law
enforcement organization in accordance with 31 U.S.C.
9703(g)(4)(B) for unobligated balances remaining in the
Fund on September 30, 1994, shall be made only upon ad-
vance approval of the House and Senate Committees on Ap-
propriations.
SEC. 102. Appropriations to the Treasury Depart-
ment in this Act shall be available for uniforms or allow-
ances therefor, as authorized by law (5 U.S.C. 5901), in-
cluding maintenance, repairs, and cleaning; purchase of
insurance for official motor vehicles operated in foreign
countries; purchase of motor vehicles without regard to the
general purchase price limitation for vehicles purchased
and used overseas for the current fiscal year; entering into
contracts with the Department of State for the furnishing
of health and medical services to employees and their de-
pendents serving in foreign countries; and services author-
ized by 5 U.S.C. 3109.
SEC. 103. Not to exceed 2 per centum of any appro-
priations in this Act for the Department of the Treasury
may be transferred between such appropriations. Notwith-
standing any authority to transfer funds between appro-
priations contained in this or any other Act, no transfer
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may increase or decrease any appropriation in this Act by
more than 2 per centum and any such proposed transfers
shall be approved in advance by the Committees on Appro-
priations of the House and Senate.
SEC. 104. None of the funds appropriated by this
title shall be used in connection with the collection of any
underpayment of any tax imposed by the Internal Revenue
Code of 1954 unless the conduct of officers and employees
of the Internal Revenue Service in connection with such
collection complies with subsection (a) of section 805 (re-
lating to communications in connection with debt collec-
tion), and section 806 (relating to harassment or abuse),
of the Fair Debt Collection Practices Act (15 U.S.C.
1692).
Ω30æSEC. 105. The Bureau of Engraving and Print-
ing will maintain and utilize the currency production ca-
pacity of its Washington, DC facility at a level which at
a minimum equals its current 5 day, 3 shift per day out-
put of approximately 5.2 billion notes: Provided, That the
Federal Reserve System requirements exceed that level by
an amount which will enable the Bureau to also maintain
and utilize an operating expansion and emergency back-
up capacity at its Fort Worth, Texas facility. If production
requirements fall below that level the Bureau may, upon
advance notice to the House Appropriations Committee,
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reallocate production between the two facilities in a way
which best utilizes the capacity of each and preserves the
employment security of the Bureau workforce.
Ω31æSEC. 106. If necessary to retain employees with
specialized skills who are serving on temporary appoint-
ments, the Bureau of Engraving and Printing may extend
such appointments on an annual basis beyond four years.
Ω32æSEC. 107. In the event of staffing reductions
due to a reduction in work requirements, the area of con-
sideration for any reduction-in-force to be effected shall
include the Washington, DC facility and the Ft. Worth,
Texas facility. Lists of competing employees at each facil-
ity shall be combined together, and bumping, retreat and
reassignment rights of employees at the same competitive
level shall be governed by this combined list. In order to
insure uniformity in administration, the Bureau shall
adopt this policy by a formal issuance. This policy shall
prevail with regard to all represented bargaining units un-
less one or more unions specifically and in writing agree
to another policy or arrangement on behalf of the employ-
ees that any such organization(s) represents.
Ω33æSEC. 108. Notwithstanding any other provision
of law, the Secretary of the Treasury shall establish an office
of the undersecretary for enforcement within the Depart-
ment of the Treasury by no later than February 15, 1994.
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Ω34æSEC. 109. (a) Notwithstanding any other provi-
sion of law, hereafter, for purposes of complying with Exec-
utive Order No. 12839 and guidance issued thereunder, the
number of civilian personnel positions that the Department
of the Treasury may be required to eliminate in fiscal year
1994 and in fiscal year 1995 shall not exceed a number
determined for each year by multiplying a fiscal year 1993
base which excludes all exempt positions by the applicable
percentages in Executive Order No. 12839.
(b) For the purposes of this section, ‘‘exempt position’’
means a personnel position in the Department of the Treas-
ury which the Secretary of the Treasury determines to be
primarily employed in drug control, law enforcement, trade
facilitation, or services to the public.
Ω35æSEC. 110. The Internal Revenue Service shall in-
stitute policies and procedures which will safeguard the con-
fidentiality of taxpayer information. The Service shall re-
port to the Committees on Appropriations of the House and
Senate, the House Committee on Ways and Means, and the
Senate Committee on Finance, no later than December 31,
1993, the steps the Service has taken to minimize unauthor-
ized access to taxpayer data.
This title may be cited as the ‘‘Treasury Department
Appropriations Act, 1994’’.
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Employees’ Compensation Fund pursuant to 39 U.S.C.
2004, $38,803,000.
This title may be cited as the ‘‘Postal Service Appro-
priations Act, 1994’’.
TITLE III
EXECUTIVE OFFICE OF THE PRESIDENT AND
FUNDS APPROPRIATED TO THE PRESIDENT
COMPENSATION OF THE PRESIDENT
For compensation of the President, including an ex-
pense allowance at the rate of $50,000 per annum as au-
thorized by 3 U.S.C. 102; $250,000: Provided, That none
of the funds made available for official expenses shall be
expended for any other purpose and any unused amount
shall revert to the Treasury pursuant to section 1552 of
title 31 of the United States Code: Provided further, That
none of the funds made available for official expenses shall
be considered as taxable to the President.
THE WHITE HOUSE OFFICE
SALARIES AND EXPENSES
For necessary expenses for the White House as au-
thorized by law, including not to exceed $3,850,000 for
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105;
including subsistence expenses as authorized by 3 U.S.C.
105, which shall be expended and accounted for as pro-
vided in that section; hire of passenger motor vehicles,
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newspapers, periodicals, teletype news service, and travel
(not to exceed $100,000 to be expended and accounted
for as provided by 3 U.S.C. 103); not to exceed $19,000
for official entertainment expenses, to be available for allo-
cation within the Executive Office of the President;
Ω36æ$38,914,000 $38,754,000.
EXECUTIVE RESIDENCE AT THE WHITE HOUSE
OPERATING EXPENSES
For the care, maintenance, repair and alteration, re-
furnishing, improvement, heating and lighting, including
electric power and fixtures, of the Executive Residence at
the White House and official entertainment expenses of
the President; $7,925,000, to be expended and accounted
for as provided by 3 U.S.C. 105, 109–110, 112–114.
OFFICIAL RESIDENCE OF THE VICE PRESIDENT
OPERATING EXPENSES
For the care, operation, refurnishing, improvement,
heating and lighting, including electric power and fixtures,
of the official residence of the Vice President, the hire of
passenger motor vehicles, and not to exceed $90,000 for
official entertainment expenses of the Vice President, to
be accounted for solely on his certificate; $324,000: Pro-
vided, That advances or repayments or transfers from this
appropriation may be made to any department or agency
for expenses of carrying out such activities.
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SPECIAL ASSISTANCE TO THE PRESIDENT
SALARIES AND EXPENSES
For necessary expenses to enable the Vice President
to provide assistance to the President in connection with
specially assigned functions, services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 106, including subsistence ex-
penses as authorized by 3 U.S.C. 106, which shall be ex-
pended and accounted for as provided in that section; and
hire of passenger motor vehicles; $3,270,000.
COUNCIL OF ECONOMIC ADVISERS
SALARIES AND EXPENSES
For necessary expenses of the Council in carrying out
its functions under the Employment Act of 1946 (15
U.S.C. 1021); $3,420,000.
OFFICE OF POLICY DEVELOPMENT
SALARIES AND EXPENSES
For necessary expenses of the Office of Policy Devel-
opment, including services as authorized by 5 U.S.C.
3109, and 3 U.S.C. 107; $5,122,000.
NATIONAL SECURITY COUNCIL
SALARIES AND EXPENSES
For necessary expenses of the National Security
Council, including services as authorized by 5 U.S.C.
3109; Ω37æ$6,648,000 $8,209,000.
HR 2403 PP
OFFICE OF ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the Office of Administra-
tion; $24,850,000, including services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 107, and hire of passenger
motor vehicles.
OFFICE OF MANAGEMENT AND BUDGET
SALARIES AND EXPENSES
For necessary expenses of the Office of Management
and Budget, including hire of passenger motor vehicles,
services 
as 
authorized 
by 
U.S.C. 
3109;
Ω38æ$56,539,000 $53,481,000, of which not to exceed
$5,000,000, shall be available to carry out the provisions
of 44 U.S.C. chapter 35: Provided, That, as provided in
31 U.S.C. 1301(a), appropriations shall be applied only
to the objects for which appropriations were made except
as otherwise provided by law: Provided further, That none
of the funds appropriated in this Act for the Office of
Management and Budget may be used for the purpose of
reviewing any agricultural marketing orders or any activi-
ties or regulations under the provisions of the Agricultural
Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.):
Provided further, That none of the funds made available
for the Office of Management and Budget by this Act may
be expended for the altering of the transcript of actual
HR 2403 PP
testimony of witnesses, except for testimony of officials of
the Office of Management and Budget, before the Com-
mittee on Appropriations or the Committee on Veterans’
Affairs or their subcommittees: Provided further, That this
proviso shall not apply to printed hearings released by the
Committee on Appropriations or the Committee on Veter-
ans’ Affairs.
Ω39æOFFICE OF FEDERAL PROCUREMENT POLICY
SALARIES AND EXPENSES
For expenses of the Office of Federal Procurement Pol-
icy, including services as authorized by 5 U.S.C. 3109;
$3,058,000.
OFFICE OF NATIONAL DRUG CONTROL POLICY
SALARIES AND EXPENSES
For necessary expenses of the Office of National
Drug Control Policy; for research activities pursuant to
title I of Public Law 100–690; not to exceed $8,000 for
official reception and representation expenses; for partici-
pation in joint projects or in the provision of services on
matters of mutual interest with nonprofit, research, or
public organizations or agencies, with or without reim-
bursement; Ω40æ$5,800,000: Provided, That none of the
funds may be obligated or expended until the Director of
the Office of National Drug Control Policy submits to the
Committee on Appropriations of the House, a justification
HR 2403 PP
for planned expenditures $11,687,000, of which not less
than $900,000 and four full-time equivalent positions shall
be available for the Counter-Drug Technology Assessment
Center: Provided, That the Office of National Drug Control
Policy shall hire and maintain not less than 60 full-time
equivalent positions in fiscal year 1994: Provided further,
That the Office is authorized to accept, hold, administer,
and utilize gifts, both real and personal, for the purpose
of aiding or facilitating the work of the Office.
UNANTICIPATED NEEDS
For expenses necessary to enable the President to
meet unanticipated needs, in furtherance of the national
interest, security, or defense which may arise at home or
abroad during the current fiscal year; $1,000,000.
FEDERAL DRUG CONTROL PROGRAMS
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Office of National
Drug Control Policy’s High Intensity Drug Trafficking
Areas 
Program, 
$86,000,000 
for 
drug 
control
activitiesΩ41æ:–Provided, That the Office of National
Drug Control Policy is authorized to transfer not less than
$50,000,000 to the following High Intensity Drug Traf-
ficking Areas in the following amounts: New York,
$7,000,000, Miami, $7,000,000, Houston $7,000,000,
Los Angeles, $7,000,000, and the Southwest Border,
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$22,000,000: Provided further, That the Office of National
Drug Control Policy is authorized to transfer not less than
$36,000,000 to State and local drug control entities for
drug control activities which are consistent with the ap-
proved strategy for each of the High Intensity Drug Traf-
ficking Areas, of which no less than $43,000,000 shall be
transferred to State and local entities for drug control ac-
tivities; and of which up to $43,000,000 may be transferred
to Federal agencies and departments at a rate to be deter-
mined by the Director: Provided, That the funds made
available under this head shall be obligated within 90 days
of enactment of this Act.
SPECIAL FORFEITURE FUND
(INCLUDING TRANSFER OF FUNDS)
Ω42æFor activities authorized by Public Law 100–
690, $28,000,000, to be derived from deposits in the Spe-
cial Forfeiture Fund; of which $5,000,000, shall be trans-
ferred to the United States Customs Service; of which
$6,000,000 shall be transferred to the Internal Revenue
Service, Tax Law Enforcement for criminal investigations;
of which $4,000,000 shall be transferred to the Drug En-
forcement Agency for the enhancement of the El Paso In-
telligence Center; or which $5,000,000, shall be trans-
ferred to the Counter-Drug Technology Assessment Cen-
ter; and of which $1,000,000 shall be transferred to the
Bureau
of
Alcohol,
Tobacco
and
Firearms,
and
HR 2403 PP
$7,000,000 to be transferred to Federal agencies and de-
partments to support high priority drug control activities
consistent with the National Drug Control Strategy in
amounts to be determined by the Director.
For activities authorized by Public Law 100–690,
$75,000,000, of which $28,000,000 shall be derived from de-
posits in the Special Forfeiture Fund; of which $35,000,000
shall be transferred to the Substance Abuse and Mental
Health Services Administration, and of which $10,000,000
shall be available to the Center for Substance Abuse Preven-
tion for community partnership grants, and of which
$5,000,000 shall be available to the Center for Substance
Abuse Prevention for the residential women/children pro-
gram, and of which $10,000,000 shall be available for the
Substance Abuse Prevention and Treatment Block Grant to
the States, and of which $10,000,000 shall be available for
capacity 
expansion 
treatment 
programs; 
of 
which
$15,000,000, to remain available until expended, shall be
transferred to the Counter-Drug Technology Assessment
Center for counternarcotics research and development
projects and shall be available for transfer to other Federal
departments or agencies; of which $5,000,000 shall be trans-
ferred to the Bureau of Alcohol, Tobacco and Firearms for
gang resistance education and training programs; and of
which $20,000,000 shall be transferred to drug control agen-
HR 2403 PP
cies in amounts to be determined by the Director, upon the
advance approval of the House and Senate Committees on
Appropriations.
This title may be cited as the ‘‘Executive Office
Appropriations Act, 1994’’.
TITLE IV
INDEPENDENT AGENCIES
Ω43æADMINISTRATIVE CONFERENCE OF THE UNITED
STATES
SALARIES AND EXPENSES
For necessary expenses of the Administrative Con-
ference of the United States, established by the Administra-
tive Conference Act, as amended (5 U.S.C. 571 et seq.), in-
cluding not to exceed $1,000 for official reception and rep-
resentation expenses, $1,800,000.
SEC. 400. Notwithstanding any other provision of this
Act, each amount of budget authority for fiscal year 1994
provided in this Act for payments not required by law is
reduced by 1.478 percent. Such reductions shall be applied
ratably to each account, program, activity, and project pro-
vided for in this Act.
Notwithstanding any provision of this or any Act, sec-
tion 6962j of 42 U.S.C. is amended as follows, by striking
paragraphs (a) through (e) and inserting in lieu thereof:
HR 2403 PP
‘‘(a) Notwithstanding any other provision of law, a
Federal agency in conducting a procurement for toner car-
tridges for use in laser printers, photocopiers, facsimile ma-
chines, or micrographic printers is authorized to give pref-
erence to recycled toner cartridges unless the contracting or
purchasing officer determines in writing that—
‘‘(1) adequate market research establishes that re-
cycled cartridges for the type of equipment used by
the agency do not exist,
‘‘(2) the price or life cycle cost offered for the re-
cycled cartridge is higher than the original equipment
manufacturer’s new cartridge, or
‘‘(3) recycled cartridges are not available in
quantities needed within the timeframes required.
‘‘(b) Nothing in this section shall prohibit the purchase
of one newly manaufactured cartridge (or a number equal
to those normally supplied at the time of initial purchase)
as a part of an initial printer or copier acquisition.’’.
Ω44æCITIZENS’ COMMISSION ON PUBLIC SERVICE AND
COMPENSATION
SALARIES AND EXPENSES
(RESCISSION)
Of the funds made available under this heading in
Public Law 102–393, $250,000 are rescinded.
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Ω45æADVISORY COMMISSION ON INTERGOVERNMENTAL
RELATIONS
SALARIES AND EXPENSES
For expenses necessary to carry out the provisions of
the Advisory Commission on Intergovernmental Relations
Act of 1959, as amended (42 U.S.C. 4271–79); $1,000,000,
and additional amounts collected from the sale of publica-
tions shall be credited to and used for the purposes of this
appropriation.
GENERAL SERVICES ADMINISTRATION
FEDERAL BUILDINGS FUND
LIMITATIONS ON AVAILABILITY OF REVENUE
Ω46æThe revenues and collections deposited into For
additional expenses necessary to carry out the purpose of
the Fund established pursuant to section 210(f) of the
Federal Property and Administrative Services Act of
1949, as amended (40 U.S.C. 490(f)), Ω47æ$312,814,000,
to be deposited into said Fund. The revenues and collections
deposited into the Fund shall be available for necessary ex-
penses of real property management and related activities
not otherwise provided for, including operation, mainte-
nance, and protection of federally owned and leased build-
ings; rental of buildings in the District of Columbia; res-
toration of leased premises; moving governmental agencies
(including space adjustments and telecommunications re-
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Montgomery,
U.S.
Courthouse
Annex,
$5,091,000
Arkansas:
Little Rock, Old Law School Building Expan-
sion/Alteration, $13,816,040
California:
Sacramento, Federal Building and U.S. Court-
house, $143,082,450
San
Jose,
Federal
Office
Building,
claim,
$1,828,680
Santa Ana, Federal Building and U.S. Court-
house, $148,176,000
District of Columbia:
U.S. Army Corps of Engineers Headquarters
Building, $50,000,000
Florida:
Jacksonville, U.S. Courthouse, site acquisition
and design, $6,070,120
Tampa, U.S. Courthouse, $66,696,840
Indiana:
Hammond, U.S. Courthouse, $49,980,000
Iowa:
Burlington, Federal Parking Facility, design
and construction, $2,400,000
Maryland:
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Little Rock, Old Law School Building, Expan-
sion/Alteration, $14,098,000
Arizona:
Phoenix, U.S. Courthouse, $180,000,000
Safford, Forest Service Administrative Offices
and Cultural Center, $6,000,000
Sierra Vista, U.S. Magistrates Office, $1,000,000
California:
Sacramento, 
U.S. 
Courthouse 
and 
Federal
Building, $162,225,000
San Jose, Federal Office building, claim,
$1,866,000
Santa Ana, Federal Building and U.S. Court-
house, $103,000,000
Florida:
Tampa, U.S. Courthouse, $68,058,000
Georgia:
Atlanta, Centers for Disease Control, Laboratory
and office building, $15,000,000
Augusta, U.S. Courthouse, $1,000,000
Maryland:
Bowie, Bureau of the Census, Computer Center,
$27,915,000
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Montgomery and Prince George’s Counties, Food
and Drug Administration, consolidation, site acquisi-
tion, planning, design, and construction, $73,921,000
Massachusetts:
Boston, Federal Building and U.S. Courthouse,
$19,000,000
Missouri:
Cape Girardeau, Federal Office Building and
U.S. Courthouse, $3,822,000
Kansas City, U.S. Courthouse, $20,000,000
St. Louis, U.S. Courthouse, $30,000,000
Nebraska:
Omaha, Federal Building and U.S. Courthouse,
$9,553,000
New Jersey:
Newark, Martin Luther King, Jr. Federal Build-
ing and U.S. Courthouse, escalation, $4,868,000
New York:
Brooklyn, U.S. Courthouse, $30,000,000
North Dakota:
Pembina, Border Station, $96,000
Oregon:
Portland, U.S. Courthouse, $96,390,000
Texas:
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Laredo, 
Federal 
Building-U.S. 
Courthouse,
$3,047,000
Vermont:
Highgate Springs, Border Station, $6,851,000
Washington:
Lynden, Federal Building, claim, $357,000
West Virginia:
Wheeling, Federal Building-U.S. Courthouse,
$45,000,000
Nonprospectus construction projects, $5,525,000
Ω51æProvided,
That
of
the
funds
provided
for
nonprospectus construction projects, funds shall remain
available until expended for the acquisition, lease, con-
struction,
and
equipping
of
three
flexiplace
work
telecommuting centers, one of which shall be in southern
Maryland, and one of which shall be in northwestern Vir-
ginia:–Provided further: Provided, That each of the imme-
diately foregoing limits of costs on new construction
projects may be exceeded to the extent that savings are
effected in other such projects, but by not to exceed 10
per centum: Provided further, That all funds for direct
construction projects shall expire on September 30, 1995,
and remain in the Federal Buildings Fund except funds
for projects as to which funds for design or other funds
have been obligated in whole or in part prior to such date:
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Provided further, That of the amount made available
under this heading for the Northern Virginia Naval
Systems 
Commands, 
in 
Public 
Law 
101–509,
Ω52æ$107,781,000
$185,344,000, is hereby rescinded
Ω53æ: Provided further, That the amount made available
under the heading ‘‘New Construction’’ in Public Law 102–
393, for Hilo, Hawaii, shall be available for payment to
a public entity in the State of Hawaii for the construction
of facilities to house governmental agencies; the govern-
mental agencies to be housed shall be designated by the Ad-
ministrator of General Services and such agencies shall be
housed rent free, exclusive of operating expenses: Provided
further, That claims against the Government of less than
$100,000 arising from direct construction projects, acqui-
sitions of buildings and purchase contract projects pursu-
ant to Public Law 92–313, be liquidated with prior notifi-
cation to the Committees on Appropriations of the House
and Senate to the extent savings are effected in other such
projects; 
(2) 
not 
to 
exceed 
Ω54æ$546,682,000
$516,782,000, which shall remain available until expended,
for repairs and alterations: Provided further, That funds
in the Federal Buildings Fund for Repairs and Alterations
shall, for prospectus projects, be limited to the amount
by project as follows, except each project may be increased
by an amount not to exceed 10 per centum unless advance
HR 2403 PP
approval is obtained from the Committees on Appropria-
tions of the House and Senate of a greater amount:
Repairs and Alterations:
Alaska:
Juneau, U.S. Post Office and Courthouse, esca-
lation, $4,082,000
California:
Richmond, SSA Service Center, $3,742,000
San Diego, Federal Building and U.S. Court-
house, $11,023,000
District of Columbia:
Central and West Heating Plants, $11,141,000
Federal Office Building 6, $56,500,000
Georgia:
Atlanta, Martin Luther King Jr., Federal
Building, $10,063,000
Illinois:
Chicago, Federal Records Center, $3,379,000
Chicago, John C. Kluczynski Jr., Federal
Building, $13,414,000
Indiana:
Jeffersonville, Federal Center, $13,522,000
Maryland:
Baltimore, George H. Fallon Federal Building,
escalation, $4,645,000
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San Luis, primary lane expansion and adminis-
trative office space, $3,541,000.
Minor Repairs and Alterations, $270,300,000: Pro-
vided, That additional projects for which prospectuses
have been fully approved may be funded under this cat-
egory only if advance approval is obtained from the Com-
mittees on Appropriations of the House and Senate: Pro-
vided further, That the difference between the funds ap-
propriated and expended on any projects in this or any
prior Act, under the heading ‘‘Repairs and Alterations’’,
may be transferred to Minor Repairs and Alterations or
used to fund authorized increases in prospectus projects:
Provided further, That all funds for repairs and alterations
prospectus projects shall expire on September 30, 1995,
and remain in the Federal Buildings Fund except funds
for projects as to which funds for design or other funds
have been obligated in whole or in part prior to such date:
Provided further, That the amount provided in this or any
prior Act for Minor Repairs and Alterations may be used
to pay claims against the Government arising from any
projects under the heading ‘‘Repairs and Alterations’’ or
used to fund authorized increases in prospectus projects;
(3) not to exceed Ω58æ$118,108,000 $119,108,000 for in-
stallment acquisition payments including payments on
purchase contracts; (4) not to exceed Ω59æ$2,124,373,000
HR 2403 PP
$2,117,421,000 for rental of space; (5) not to exceed
Ω60æ$1,231,085,000 $1,226,085,000 for real property op-
erations; (6) not to exceed $156,613,000 for program di-
rection and centralized services; and (7) not to exceed
Ω61æ$188,274,000 $184,081,000 for design and construc-
tion 
services 
which 
shall 
remain 
available 
until
expendedΩ62æ:–Provided further, That of the funds avail-
able to the General Services Administration for the Jack-
sonville, Florida, U.S. Courthouse; Burlington, Iowa, Fed-
eral Parking Facility; Beltsville, Maryland, Federal Build-
ing; Kansas City, Missouri, U.S. Courthouse; Federal Re-
search Park, North Carolina EPA Facility; Youngstown,
Ohio, Federal Building and U.S. Courthouse; and Scran-
ton, Pennsylvania, Federal Building and U.S. Courthouse,
shall not be available for expenses in connection with any
construction, repair, alteration, and acquisition project for
which a prospectus, if required by the Public Buildings
Act of 1959, as amended, has not been approved, except
that necessary funds may be expended for each project
for required expenses in connection with the development
of a proposed prospectusΩ63æ:–Provided further, That
with regard to the Federal Building in Beltsville, Mary-
land, upon repayment of the Federal Buildings Fund for
the cost of construction, title to said property shall be vest-
ed in the United States Department of Agriculture: Pro-
HR 2403 PP
vided further, That for the purposes of this authorization,
buildings constructed pursuant to the purchase contract
authority of the Public Buildings Amendments of 1972
(40 U.S.C. 602a), buildings occupied pursuant to install-
ment purchase contracts, and buildings under the control
of another department or agency where alterations of such
buildings are required in connection with the moving of
such other department or agency from buildings then, or
thereafter to be, under the control of the General Services
Administration shall be considered to be federally owned
buildings: Provided further, That none of the funds avail-
able to the General Services Administration, except for the
line-item construction and repairs and alterations projects
in this Act shall be available for expenses in connection
with any construction, repair, alteration, and acquisition
project for which a prospectus, if required by the Public
Buildings Act of 1959, as amended, has not been ap-
proved, except that necessary funds may be expended for
each project for required expenses in connection with the
development of a proposed prospectusΩ64æ: Provided fur-
ther, That no funds shall be made available for leases, line-
item construction, repairs, or alterations projects in this
Act that are subject to section 7(a) of the Public Buildings
Act of 1959 (40 U.S.C. 606(a)) prior to February 1, 1994,
unless the projects are approved by the Committee on Envi-
HR 2403 PP
ronment and Public Works of the Senate: Provided further,
That in no case shall funds be made available for any lease,
line-item construction, repair, or alterations project re-
ferred to in the preceding proviso if prior to February 1,
1994, the lease, line-item construction, repair, or alterations
project has been disapproved by either the Committee on
Environment and Public Works of the Senate: Provided fur-
ther, That the Administrator of General Services shall sub-
mit detailed information on each lease, line-item construc-
tion, repair, and alterations project in this Act that is sub-
ject to section 7(a) of the Public Buildings Act of 1959 (40
U.S.C. 606(a)) to the Committee on Environment and Pub-
lic Works of the Senate not later than 30 days after the
date of enactment of this Act: Provided further, That funds
available in the Federal Buildings Fund may be expended
for emergency repairs when advance approval is obtained
from the Committees on Appropriations of the House and
Senate: Provided further, That amounts necessary to pro-
vide reimbursable special services to other agencies under
section 210(f)(6) of the Federal Property and Administra-
tive Services Act of 1949, as amended (40 U.S.C.
490(f)(6)) and amounts to provide such reimbursable
fencing, lighting, guard booths, and other facilities on pri-
vate or other property not in Government ownership or
control as may be appropriate to enable the United States
HR 2403 PP
Secret Service to perform its protective functions pursuant
to 18 U.S.C. 3056, as amended, shall be available from
such revenues and collections: Provided further, That reve-
nues and collections and any other sums accruing to this
Fund during fiscal year 1994, excluding reimbursements
under section 210(f)(6) of the Federal Property and Ad-
ministrative Services Act of 1949 (40 U.S.C. 490(f)(6))
in excess of Ω65æ$5,185,611,000 $5,253,877,000 shall re-
main in the Fund and shall not be available for expendi-
ture except as authorized in appropriations Acts.
FEDERAL SUPPLY SERVICE
OPERATING EXPENSES
For expenses authorized by law, not otherwise pro-
vided for, necessary for property management activities,
utilization of excess and disposal of surplus personal prop-
erty, rehabilitation of personal property, transportation
management activities, transportation audits by in-house
personnel, procurement, and other related supply manage-
ment activities, including services as authorized by 5
U.S.C. 3109; Ω66æ$55,804,000 $43,420,000.
INFORMATION RESOURCES MANAGEMENT SERVICE
OPERATING EXPENSES
For expenses authorized by law, not otherwise pro-
vided for, necessary for carrying out Governmentwide and
internal responsibilities relating to automated data man-
HR 2403 PP
agement, telecommunications, information resources man-
agement, and related activities, including services as au-
thorized by 5 U.S.C. 3109; Ω67æ$45,675,000: Provided,
That none of the funds may be used to pay the operating
costs of the Information Security Oversight Office or any
successor organization $44,730,000.
FEDERAL PROPERTY RESOURCES SERVICE
OPERATING EXPENSES
For expenses, not otherwise provided for, necessary
for carrying out the functions of the Administrator with
respect to utilization of excess real property; the disposal
of surplus real property, the utilization survey, deed com-
pliance inspection, appraisal, environmental and cultural
analysis, and land use planning functions pertaining to ex-
cess and surplus real property, including services as au-
thorized by 5 U.S.C. 3109; $15,756,000.
GENERAL MANAGEMENT AND ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided, for
Policy Direction, Board of Contract Appeals, and account-
ing, records management, and other support services inci-
dent to adjudication of Indian Tribal Claims by the United
States Court of Claims, and services authorized by 5
U.S.C. 3109, $31,435,000: Provided, That this appropria-
tion shall be available for general administrative and staff
HR 2403 PP
support services, subject to reimbursement by the applica-
ble organization or agencies pursuant to subsections (a)
and (b) of section 1535 of title 31, United States Code:
Provided further, That not less than $825,000 shall be
available for personnel and associated costs in support of
Congressional District and Senate State offices without
reimbursement from these offices: Provided further, That
not to exceed $5,000 shall be available for official recep-
tion and representation expenses.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector
General and services authorized by 5 U.S.C. 3109,
$34,925,000: Provided, That not to exceed $10,000 shall
be available for payment for information and detection of
fraud against the Government, including payment for re-
covery of stolen Government property: Provided further,
That not to exceed $2,500 shall be available for awards
to employees of other Federal agencies and private citizens
in recognition of efforts and initiatives resulting in en-
hanced Office of Inspector General effectiveness.
ALLOWANCES AND OFFICE STAFF FOR FORMER
PRESIDENTS
For carrying out the provisions of the Act of August
25, 1958, as amended (3 U.S.C. 102 note), and Public
Law 95–138; $2,833,000: Provided, That the Adminis-
HR 2403 PP
trator of General Services shall transfer to the Secretary
of the Treasury such sums as may be necessary to carry
out the provisions of such Acts.
GENERAL PROVISIONS—GENERAL SERVICES
ADMINISTRATION
SECTION. 1. The appropriate appropriation or fund
available to the General Services Administration shall be
credited with the cost of operation, protection, mainte-
nance, upkeep, repair, and improvement, included as part
of rentals received from Government corporations pursu-
ant to law (40 U.S.C. 129).
SEC. 2. Funds available to the General Services Ad-
ministration shall be available for the hire of passenger
motor vehicles.
SEC. 3. Not to exceed 2 per centum of funds made
available in appropriations for operating expenses and sal-
aries and expenses, during the current fiscal year, may
be transferred between such appropriations for mandatory
program requirements. Any proposed transfers shall be
approved in advance by the Committees on Appropriations
of the House and Senate.
SEC. 4. Funds in the Federal Buildings Fund made
available for fiscal year 1994 for Federal Buildings Fund
activities may be transferred between such activities only
to the extent necessary to meet program requirements.
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Any proposed transfers shall be approved in advance by
the Committees on Appropriations of the House and
Senate.
Ω68æSEC. 5. The Administrator of General Services
shall immediately cease construction and archaeological
excavation on the pavilion portion of the Foley Square
Federal Building until such time as a plan is submitted
to the House and Senate Committees on Appropriations
for prior approval. Such plan shall not result in the contin-
ued exhumation of skeletal remains from the ‘‘Negro Bur-
ial
Ground’’
and
shall
be
accompanied
by
a
reprogramming of sufficient funds but not more than
$3,000,000 to modify the pavilion foundation of the Foley
Square Federal Building in New York, New York, prevent
further deterioration of the ‘‘Negro Burial Ground’’, and
contain appropriate measures to memorialize the burial
site. The Administrator of General Services shall submit
the plan to the House and Senate Committees on Appro-
priations within 60 days of the enactment of this Act.
Nothing in this section shall prohibit the continued con-
struction on the tower portion of the Foley Square Federal
Building project.
Ω69æSEC. 5. For fiscal year 1993 and thereafter, at
no later than the end of the fifth fiscal year after the fiscal
year for which funds are appropriated or otherwise made
HR 2403 PP
available, unobligated balances of operating expenses and
salaries and expenses appropriations available to GSA dur-
ing such fiscal year may be transferred and merged into
the ‘‘Major equipment acquisitions and development activ-
ity’’ of the Salaries and Expenses, General Management
and Administration appropriation account for agency-wide
acquisition of capital equipment, automated data process-
ing systems, and for financial management and manage-
ment information systems needed to implement the Chief
Financial Officers Act, Public Law 101–576, and any other
laws or regulations. The unobligated balances transferred
shall remain available until expended: Provided, That any
proposed use of these transferred funds in fiscal year 1993
and thereafter shall only be made after advance approval
by the Committees on Appropriations of the House and
Senate.
SEC. 6. (a) The Act entitled ‘‘An Act to provide re-
tirement, clerical assistants, and free mailing privileges to
former Presidents of the United States, and for other pur-
poses’’, approved August 25, 1958 (3 U.S.C. 102 note),
is amended by adding at the end the following new section:
‘‘SEC. 2. The entitlements of a former President
under subsections (b) and (c) of the first section shall be
available—
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‘‘(1) in the case of an individual who is a
former President on the effective date of this sec-
tion, for 5 years, commencing on such effective date;
and
‘‘(2) in the case of an individual who becomes
a former President after such effective date, for 4
years and 6 months, commencing at the expiration
of the period for which services and facilities are au-
thorized to be provided under section 4 of the Presi-
dential Transition Act of 1963 (3 U.S.C. 102
note).’’.
(b) Section 3214 of title 39, United States Code, is
amended—
(1) by striking ‘‘A former President’’ and in-
serting ‘‘(a) Subject to subsection (b), a former
President’’; and
(2) by adding at the end the following new sub-
section:
‘‘(b) Subsection (a) shall cease to apply—
‘‘(1) 5 years after the effective date of this sub-
section, in the case of any individual who, on such
effective date—
‘‘(A) is a former President (including any
individual who might become entitled to the
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mailing privilege under subsection (a) as the
surviving spouse of such a former President); or
‘‘(B) is the surviving spouse of a former
President; and
‘‘(2) 4 years and 6 months after the expiration
of the period for which services and facilities are au-
thorized to be provided under section 4 of the Presi-
dential Transition Act of 1963 (3 U.S.C. 102 note),
in the case of an individual who becomes a former
President after such effective date (including any
surviving spouse of such individual, as described in
the parenthetical matter in paragraph (1)(A)).’’.
(c) The amendments made by subsections (a) and (b)
shall take effect on October 1, 1993.
Ω70æSEC. 7. Section 204 of the Federal Property and
Administrative Services Act of 1949 is amended by adding
a subsection (i) to provide that the Administrator may re-
tain from the proceeds of sales of personal property con-
ducted by the General Services Administration amounts
necessary to recover, to the extent practicable, costs incurred
by the General Services Administration (or its agent) in
conducting such sales. The Administrator shall deposit
amounts retained into the General Supply Fund established
under section 109(a) of the Federal Property and Adminis-
trative Services Act of 1949 and may use such portion of
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amounts so deposited as is necessary to pay (1) direct costs
incurred by the General Services Administration in con-
ducting sales of personal property, and (2) indirect costs
incurred by the General Services Administration that are
reasonably related to those sales. Amounts retained that are
not needed to pay the direct and indirect costs incurred
shall periodically, but not less than annually, be transferred
from the General Supply Fund to the general fund or an-
other appropriate account in the Treasury.
Ω71æSEC. 8. Notwithstanding any other provision of
law, the Administrator of General Services is hereby au-
thorized to acquire a site suitable to the General Services
Administration of approximately 4 acres of land in the
City of Tucson, Arizona for a Federal courthouse; this is
to be accomplished through an exchange with the City of
Tucson for Federal real property in that city under the ju-
risdiction of the General Services Administration.
Ω72æSEC. 9. None of the funds appropriated by this
Act may be obligated or expended in any way for the pur-
pose of the sale, excessing, surplusing, or disposal of lands
in the vicinity of Norfork Lake, Arkansas, administered by
the Corps of Engineers, Department of the Army, without
the specific approval of the Congress.
Ω73æSEC. 10. None of the funds appropriated by this
Act may be obligated or expended in any way for the pur-
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pose of the sale, excessing, surplusing, or disposal of lands
in the vicinity of Bull Shoals Lake, Arkansas, administered
by the Corps of Engineers, Department of the Army, with-
out the specific approval of the Congress.
Ω74æSEC. 11. The General Services Administration is
directed, through a sole-source procurement process, to uti-
lize lease space in an office complex to be located on the
Victory Optical site, One Victory Plaza, in the City of New-
ark, County of Essex, State of New Jersey, for future long
term office space needs in the City of Newark and surround-
ing area of up to 400,000 square feet of space pursuant
to the availability of Federal tenants: Provided, That such
lease shall be authorized only if it meets the criteria of an
‘‘operating lease’’ as defined under the Budget Enforcement
Act of 1990, Public Law 101–508. The lease rate for such
office space shall not exceed comparable rates for equivalent
space in the surrounding area or comparable rates in the
office complex.
OFFICE OF PERSONNEL MANAGEMENT
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
For necessary expenses to carry out functions of the
Office of Personnel Management pursuant to Reorganiza-
tion Plan Numbered 2 of 1978 and the Civil Service Re-
form Act of 1978, including services as authorized by 5
U.S.C. 3109, medical examinations performed for veterans
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by private physicians on a fee basis, rental of conference
rooms in the District of Columbia and elsewhere, hire of
passenger motor vehicles, not to exceed $2,500 for official
reception and representation expenses, and advances for
reimbursements to applicable funds of the Office of Per-
sonnel Management and the Federal Bureau of Investiga-
tion for expenses incurred under Executive Order 10422
of January 9, 1953, as amended: Provided, That notwith-
standing 31 U.S.C. 3302, the Director is hereby author-
ized to accept gifts of goods and services, which shall be
available only for hosting National Civil Service Apprecia-
tion Conferences. Goods and services provided in connec-
tion with the conference may include, but are not limited
to, food and refreshments; rental of seminar rooms, ban-
quet rooms, and facilities; and use of communications,
printing and other equipment. Awards of minimal intrinsic
value will be allowed. Gifts provided by an individual donor
shall not exceed 50 percent of the total value of the gifts
provided at each location; $118,533,000, of which not to
exceed $1,000,000 shall be made available for the estab-
lishment of health promotion and disease prevention pro-
grams for Federal employees; and in addition $88,519,000
for administrative expenses, to be transferred from the ap-
propriate trust funds of the Office of Personnel Manage-
ment without regard to other statutes, including direct
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procurement of health benefits printing, for the retirement
and insurance programs, of which $5,981,000 shall be
transferred at such times as the Office of Personnel Man-
agement deems appropriate, and shall remain available
until expended for the costs of automating the retirement
recordkeeping systems, together with remaining amounts
authorized in previous Acts for the recordkeeping systems:
Provided further, That the provisions of this appropriation
shall not affect the authority to use applicable trust funds
as provided by section 8348(a)(1)(B) of title 5, United
States Code: Provided further, That, except as may be con-
sistent with regulations of the Office of Personnel Man-
agement prescribed pursuant to 5 U.S.C. 8902a(f)(1) and
(i), no payment may be made from the Employees Health
Benefits Fund to any physician, hospital, or other provider
of health care services or supplies who is, at the time such
services or supplies are provided to an individual covered
under chapter 89 of title 5, United States Code, excluded,
pursuant to section 1128 or 1128A of the Social Security
Act (42 U.S.C. 1320a–7–1320a–7a), from participation in
any program under title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.): Provided further, That no part
of this appropriation shall be available for salaries and ex-
penses of the Legal Examining Unit of the Office of Per-
sonnel Management established pursuant to Executive
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Order 9358 of July 1, 1943, or any successor unit of like
purpose: Provided further, That the President’s Commis-
sion on White House Fellows, established by Executive
Order 11183 of October 3, 1964, may, during the fiscal
year ending September 30, 1994, accept donations of
money, property, and personal services in connection with
the development of a publicity brochure to provide infor-
mation about the White House Fellows, except that no
such donations shall be accepted for travel or reimburse-
ment of travel expenses, or for the salaries of employees
of such CommissionΩ75æ:–Provided further, That the Di-
rector of the Office of Personnel Management may trans-
fer from this appropriation an amount to be determined,
but not exceed $300,000 to the National Advisory Council
on the Public Service as established by Public Law 101–
363.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
For necessary expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act, as amended, including services as authorized
by 5 U.S.C. 3109, hire of passenger motor vehicles:
$4,253,000, and in addition, not to exceed $6,514,000 for
administrative expenses to audit the Office of Personnel
Management’s retirement and insurance programs, to be
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transferred from the appropriate trust funds of the Office
of Personnel Management, as determined by the Inspector
General: Provided, That the Inspector General is author-
ized to rent conference rooms in the District of Columbia
and elsewhere.
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES
HEALTH BENEFITS
For payment of Government contributions with re-
spect to retired employees, as authorized by chapter 89
of title 5, United States Code, and the Retired Federal
Employees Health Benefits Act (74 Stat. 849), as amend-
ed, Ω76æ$4,146,480,000 $3,458,480,000, to remain avail-
able until expended.
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE
LIFE INSURANCE
For payment of Government contributions with re-
spect to employees retiring after December 31, 1989, as
required by chapter 87 of title 5, United States Code,
$1,607,000 to remain available until expended.
PAYMENT TO CIVIL SERVICE RETIREMENT AND
DISABILITY FUND
For financing the unfunded liability of new and in-
creased annuity benefits becoming effective on or after Oc-
tober 20, 1969, as authorized by 5 U.S.C. 8348, and an-
nuities under special Acts to be credited to the Civil Serv-
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ice Retirement and Disability Fund, such sums as may
be necessary: Provided, That annuities authorized by the
Act of May 29, 1944, as amended and the Act of August
19, 1950, as amended (33 U.S.C. 771–75), may hereafter
be paid out of the Civil Service Retirement and Disability
Fund.
COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE
BLIND OR SEVERELY DISABLED
SALARIES AND EXPENSES
For necessary expenses of the Committee for Pur-
chase From People Who Are Blind or Severely Disabled
established by the Act of June 23, 1971, Public Law 92–
28; $1,689,000.
FEDERAL ELECTION COMMISSION
SALARIES AND EXPENSES
For necessary expenses to carry out the provisions
of the Federal Election Campaign Act of 1971, as amend-
ed; $23,564,000, of which not to exceed $5,000 shall be
available for reception and representation expenses.
FEDERAL LABOR RELATIONS AUTHORITY
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the
Federal Labor Relations Authority, pursuant to Reorga-
nization Plan Numbered 2 of 1978, and the Civil Service
Reform Act of 1978, including services as authorized by
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5 U.S.C. 3109, including hire of experts and consultants,
hire of passenger motor vehicles, rental of conference
rooms in the District of Columbia and elsewhere;
$21,341,000: Provided, That public members of the Fed-
eral Service Impasses Panel may be paid travel expenses
and per diem in lieu of subsistence as authorized by law
(5 U.S.C. 5703) for persons employed intermittently in
the Government service, and compensation as authorized
by 5 U.S.C. 3109.
MERIT SYSTEMS PROTECTION BOARD
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out functions of the
Merit Systems Protection Board pursuant to Reorganiza-
tion Plan Numbered 2 of 1978 and the Civil Service Re-
form Act of 1978, including services as authorized by 5
U.S.C. 3109, rental of conference rooms in the District
of Columbia and elsewhere, hire of passenger motor vehi-
cles, and direct procurement of survey printing,
$24,674,000, together with not to exceed $1,989,000 for
administrative expenses to adjudicate retirement appeals
to be transferred from the Civil Service Retirement and
Disability Fund in amounts determined by the Merit Sys-
tems Protection Board.
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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
OPERATING EXPENSES
For necessary expenses in connection with National
Archives and Records Administration and related activi-
ties, as provided by law, and for expenses necessary for
the review and declassification of documents, and for the
hire of passenger motor vehicles, Ω77æ$193,182,000
$196,482,000, of which Ω78æ$4,000,000 $6,000,000 for al-
locations and grants for historical publications and records
as authorized by 44 U.S.C. 2504, as amended, shall re-
main available until expended: Provided, That the Archi-
vist of the United States is authorized to use any excess
funds available from the amount borrowed for construc-
tion of the National Archives facility, for expenses nec-
essary to move into the facility.
OFFICE OF GOVERNMENT ETHICS
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the
Office of Government Ethics pursuant to the Ethics in
Government Act of 1978, as amended by Public Law 100–
598, and the Ethics Reform Act of 1989, Public Law 101–
194, including services as authorized by 5 U.S.C. 3109,
rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, and not to ex-
ceed $1,500 for official reception and representation ex-
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penses; $8,313,000: Provided, That notwithstanding 31
U.S.C. 3302, funds received from fees charged to non-
Federal participants to attend an International Con-
ference on Ethics shall be credited to and merged with
this account, to be available for carrying out the Con-
ference without further appropriation.
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), and the Whistleblower Protec-
tion Act of 1989 (Public Law 101–12), including services
as authorized by 5 U.S.C. 3109, payment of fees and ex-
penses for witnesses, rental of conference rooms in the
District of Columbia and elsewhere, and hire of passenger
motor vehicles; $7,992,000.
UNITED STATES TAX COURT
SALARIES AND EXPENSES
For necessary expenses, including contract reporting
and other services as authorized by 5 U.S.C. 3109;
Ω79æ$33,650,000 $35,350,000: Provided, That travel ex-
penses of the judges shall be paid upon the written certifi-
cate of the judge.
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This title may be cited as the ‘‘Independent Agencies
Appropriations Act, 1994’’.
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
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. No part of any appropriation contained in
this Act shall be available for the procurement of, or for
the payment of, the salary of any person engaged in the
procurement of any hand or measuring tool(s) not pro-
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duced in the United States or its possessions except to
the extent that the Administrator of General Services or
his designee shall determine that a satisfactory quality and
sufficient quantity of hand or measuring tools produced
in the United States or its possessions cannot be procured
as and when needed from sources in the United States
and its possessions, or except in accordance with proce-
dures prescribed by section 6–104.4(b) of Armed Services
Procurement Regulation dated January 1, 1969, as such
regulation existed on June 15, 1970: Provided, That a fac-
tor of 75 per centum in lieu of 50 per centum shall be
used for evaluating foreign source end products against
a domestic source end product. This section shall be appli-
cable to all solicitations for bids opened after its enact-
ment.
SEC. 505. 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 service which, before such date, was per-
formed by individuals in their capacity as employees of
the General Services Administration in any position of
guards, elevator operators, messengers, and custodians, at
said date, would be terminated as a result of the procure-
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ment of such services, except that such funds may be obli-
gated or expended for the procurement by contract of the
covered services with sheltered workshops employing the
severely handicapped under Public Law 92–28.
Ω80æSEC. 506. None of the funds appropriated in
this Act may be used for administrative expenses to close
the Federal Information Center of the General Services
Administration located in Sacramento, California.
SEC. 507. None of the funds made available by this
Act for the Department of the Treasury may be used for
the purpose of eliminating any existing requirement for
sureties on customs bonds.
SEC. 508. 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 1930 Tariff Act.
SEC. 509. 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, Tucson, Arizona, and Artesia,
New Mexico, out of the Treasury Department.
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SEC. 510. 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. 511. 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
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-
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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. 512. 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
used for any purpose with respect to which the preceding
sentence relates beyond fiscal year 1994.
SEC. 513. None of the funds appropriated or other-
wise made available to the Department of the Treasury
by this or any other Act shall be obligated or expended
to contract out positions in, or downgrade the position
classifications of, members of the United States Mint Po-
lice Force and the Bureau of Engraving and Printing Po-
lice Force, or for studying the feasibility of contracting
out such positions.
SEC. 514. The Office of Personnel Management may,
during the fiscal year ending September 30, 1994, accept
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donations of supplies, services, and equipment for the Fed-
eral Executive Institute, the Federal Quality Institute,
and Executive Seminar Centers for the enhancement of
the morale and educational experience of attendees.
SEC. 515. No part of any appropriation contained in
this Act shall be available for the procurement of, or for
the payment of, the salary of any person engaged in the
procurement of stainless steel flatware not produced in the
United States or its possessions, except to the extent that
the Administrator of General Services or his designee shall
determine that a satisfactory quality and sufficient quan-
tity of stainless steel flatware produced in the United
States or its possessions, cannot be procured as and when
needed from sources in the United States or its posses-
sions or except in accordance with procedures provided by
section 6–104.4(b) of Armed Services Procurement Regu-
lations, dated January 1, 1969. This section shall be appli-
cable to all solicitations for bids issued after its enactment.
SEC. 516. The United States Secret Service may,
during the fiscal year ending September 30, 1994, 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.
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Ω81æSEC. 517. None of the funds made available by
this Act may be used to withdraw the designation of the
Virginia Inland Port at Front Royal, Virginia, as a United
States Customs Service port of entry.
Ω82æSEC. 517. Such sums as may be necessary for fis-
cal year 1994 pay raises for programs funded by this Act
shall be absorbed within the levels appropriated by this Act.
SEC. 518. None of the funds made available to the
Postal Service by this Act shall be used to transfer mail
processing capabilities from the Las Cruces, New Mexico
postal facility, and that every effort will be made by the
Postal Service to recognize the rapid rate of population
growth in Las Cruces and to automate the Las Cruces,
New Mexico postal facility in order that mail processing
can be expedited and handled in Las Cruces.
SEC. 519. None of the funds in this Act may be used
to reduce the rank or rate of pay of a career appointee
in the SES upon reassignment or transfer.
SEC. 520. 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
has within ninety days after his release from such service
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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. 521. None of the funds made available to the
United States Customs Service may be used to collect or
impose any land border processing fee at ports of entry
along the United States-Mexico border.
Ω83æSEC. 522. None of the funds made available by
this Act shall be used to plan, administer, or otherwise
carry out a move of the Internal Revenue Service’s Auto-
mated Collection Unit from the borough of Manhattan,
New York City, New York, without prior approval of the
House and Senate Appropriations Committees.
SEC. 523. (a) 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 Metropoli-
tan Region on April 10, 1991, be used to separate, reduce
the grade or pay of, or carry out any other adverse person-
nel action against such individual 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.
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(b) Subsection (a) shall not apply with respect to any
individual who, on or after the date of enactment of this
Act, declines an offer of another position in the Depart-
ment of the Treasury which is of at least equal pay and
which is within the Washington Metropolitan Region.
Ω84æSEC. 524. In consideration of the Washington
Metropolitan Area Transit Authority (WMATA) modify-
ing its requirement for acquisition of General Services Ad-
ministration (GSA) property at the Suitland Federal Cen-
ter in Suitland, Maryland, GSA shall transfer to WMATA,
at no cost, approximately sixteen (16) acres of GSA prop-
erty to allow WMATA to construct its proposed Suitland
Metrorail Station and related surface facilities. GSA will
bear no additional costs, as a result of this transaction.
The property to be transferred is located at the northeast
quadrant of the intersection of Suitland Parkway at Silver
Hill Road and is the southeastern most portion of the
Suitland Federal Center Complex. It is bounded by Silver
Hill Road on the southeast, Suitland Parkway property
owned by the National Park Service on the southwest, the
existing stream valley between Suitland Parkway and the
historic Suitland House on the northwest and on the
northeast a line just south of and parallel to a line from
the Suitland House to the existing Federal Office Building
along Silver Hill Road at Randall Road.
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Ω85æSEC. 524. (a) The Secretary of the Treasury shall
implement the plan announced by the Bureau of the Public
Debt on March 19, 1991, to consolidate such Bureau’s oper-
ations in Parkersburg, West Virginia.
(b) The consolidation referred to in subsection (a) shall
be completed by December 31, 1995, in accordance with the
plan of the Bureau of the Public Debt.
Ω86æSEC. 525. (a) IN GENERAL.—Notwithstanding
any other provision of law, including any other law which
requires that property of the United States be used for
a particular purpose, the Administrator of General Serv-
ices shall convey the property described in subsection (c)
to the State of Maryland.
(b) TERMS.—A conveyance of property under this
section shall be—
(1) by quitclaim deed;
(2) without monetary consideration; and
(3) subject to such other terms and conditions
as the Administrator determines to be appropriate.
(c) PROPERTY DESCRIBED.—The property referred
to in subsection (a) known as the ‘‘Chesapeake Bay Study
Site’’ is property located in the State of Maryland, Queen
Annes County, which—
(1) is part of the same land which, by quitclaim
deed dated August 25, 1970, and recorded among
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the land records of Queen Annes County, Maryland,
at Liber 53, Folio 200, was granted and conveyed
by the State of Maryland, Maryland State Roads
Commission, to the United States of America; and
(2) contains 55 acres more or less according to
a survey prepared by McCrone, Inc., in July 1968
and amended on May 26, 1992.
Ω87æSEC. 526. None of the funds made available in
this Act may be used to provide any non-public informa-
tion such as mailing or telephone lists to any person or
any organization outside of the Federal Government with-
out the approval of the House and Senate Committees on
Appropriations.
Ω88æSEC. 527. The Administrator of the General
Services Administration, shall enter into an agreement to
transfer at no cost, to the City of Waltham, Massachu-
setts, title to a parcel of land located at 424 Trapelo Road
for the purpose of establishing the New England Center
for Environmental Education by a nonprofit institution
adjacent to the site: Provided, That the Administrator and
the city of Waltham, shall mutually agree to the amount
of land to be transferred to the city for this purpose.
Ω89æSEC. 528. COMPLIANCE WITH BUY AMERICAN
ACT.
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No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in ex-
pending the assistance the entity will comply with sections
2 through 4 of the Act of March 3, 1993 (41 U.S.C. 10a–
10c, popularly known as the ‘‘Buy American Act’’).
Ω90æSEC. 529. SENSE OF CONGRESS; REQUIREMENT
REGARDING NOTICE.
(a) PURCHASE
OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—In the case of any equipment or prod-
ucts 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 assistance 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.
Ω91æSEC. 530. PROHIBITION OF CONTRACTS.
If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bear-
ing 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
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States, such person shall be ineligible to receive any con-
tract 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.
Ω92æSEC. 531. (a) Notwithstanding any other provi-
sion of law, including any law which requires that property
of the United States be used for a particular purpose, the
Administrator of General Services shall transfer to the Sec-
retary of the Interior jurisdiction over the 1.9592 acres of
land, and any related structures, located at the southwest
corner of 12th and Indian School Road, N.W., Albuquerque,
New Mexico, and described as follows:
A tract of land being within the original Old Indian
School Boundary and situated within the east half (E1⁄2),
Section 7, T. sec. 10 N., R. 3E, New Mexico Principal Me-
ridian, Bernalillo County, New Mexico, being more particu-
larly described by metes and bounds as follows:
Beginning at the southwest corner of said tract being
a point intersecting the easterly right-of-way of 12th Street
and the southerly line of the original 1905 Indian School
property, being a brass cap marked ‘‘R/W 12th St. & Tr.
A, cor. 1’’, ‘‘KEENE 8489’’; Whence from said point of be-
ginning, the New Mexico State Highway Triangulation
Station I–40–15, having an established coordinate of
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Y=1,494,103.76 and X=378,204.72, central zone on the
New Mexico coordinate system, being a brass cap, bears S.
12°19′44″E., and is a distance of 927.86 feet; Thence N.
08°26′59″ E. 79.89 feet along the said easterly right-of-way
to a rebar/cap ‘‘KEENE 8489’’; Thence S. 68°50′15″ E.,
a distance of 98.29 feet to a rebar; Thence N. 21°43′45″
E., 133.44 feet to a rebar; Thence S. 64°46′15″ E., 154.00
feet to a rebar; Thence N. 22°47′56″ E., 12.94 feet to a
rebar; Thence S. 67°47′51″ E., 79.53 feet to a rebar; Thence
S. 20°06′41″ W., 40.33 feet to a rebar; Thence S. 67°16′45″
E., 105.98 feet to a nail in concrete; Thence S. 22°19′15″
W., 224.22 feet to a nail in pavement; Thence N. 74°56′54″
W., 1.33 feet to an angle point being a brass cap marked
‘‘Tr. A, cor. 13 & Tr. B, cor. 4’’, ‘‘KEENE 8489’’; Thence
N. 61°14′00″ W., 125.73 feet to an angle point being a brass
cap marked ‘‘Tr. A, cor. 14 & Tr. 1, cor. 2/ Tr. B, cor.
3’’, ‘‘KEENE 8489’’; Thence N. 61°14′00″ W., 294.33 feet
to the point and place of beginning. Said tract contains
an area of 1.9592 acres.
(b) Lands and related structures described in sub-
section (a) shall, on and after the transfer of jurisdiction
required under subsection (a), be held by the United States
in trust for the benefit and use of the Nineteen Indian Pueb-
lo Tribes of New Mexico comprising the All Indian Pueblo
Council as tenants in common.
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(c) The transfer of the property described in subsection
(a) shall be without monetary consideration.
(d) Lands and related structures held in trust for the
benefit and use of the Nineteen Indian Pueblo Tribes of New
Mexico under subsection (b) shall have the same tax-exempt
status as that of other lands and structures held in trust
by the United States for the benefit and use of an Indian
tribe, including exemption from taxes imposed by any
State, county, city or other local governmental entity, and
shall be exempt from any associated land use regulation im-
posed by any such governmental entity.
(e) Nothing in this section shall prohibit the use by
the Nineteen Indian Pueblo Tribes of New Mexico of the
land and related structures described in subsection (a) in
conjunction with their existing plans for the economic devel-
opment of the former Albuquerque Indian School property
conveyed as trust lands on January 15, 1993.
(f) As used in this section, the term ‘‘Nineteen Indian
Pueblo Tribes of New Mexico’’ means the following:
1. Pueblo of Acoma.
2. Pueblo of Isleta.
3. Pueblo of Laguna.
4. Pueblo of Picuris.
5. Pueblo of San Felipe.
6. Pueblo of San Ildefonso.
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7. Pueblo of San Juan.
8. Pueblo of Santo Domingo.
9. Pueblo of Tesuque.
10. Pueblo of Zuni.
11. Pueblo of Cochiti.
12. Pueblo of Jemez.
13. Pueblo of Nambe.
14. Pueblo of Pojoaque.
15. Pueblo of Sandia.
16. Pueblo of Santa Ana.
17. Pueblo of Santa Clara.
18. Pueblo of Taos.
19. Pueblo of Zia.
Ω93æSEC. 532. (a) IN GENERAL.—Notwithstanding
any other provision of law, including any other law which
requires that property of the United States be used for a
particular purpose, the real property described in sub-
section (c) shall be conveyed to the United States Park Serv-
ice, Department of the Interior, by the Administrator of
General Services at such time as the property is reported
to the General Services Administration for disposal as ex-
cess to the needs of the Air Force.
(b) TERMS.—A conveyance of property under this sec-
tion shall be without monetary consideration, and subject
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to such other terms and conditions as the Administrator
determines to be appropriate.
(c) PROPERTY DESCRIBED.—The real property re-
ferred to in subsection (a) is that part of the Holbrook
Radar Bomb Scoring Site, including housing units, situ-
ated in the W1⁄2 of the SE1⁄4 of Section 36, Township 18
North, Range 20 East, G&SRM, Navajo County, Arizona,
and more particularly described as:
Lots 1, 2, and 3 and Tract A of Cholla
Townhomes Subdivision, a subdivision recorded in
Book 14 of Plats at Page 19 in the official records of
Navajo County, Arizona; Except an undivided one-
half interest in all oil, gas, coal, and other hydro-car-
bon substances and minerals as reserved in instru-
ment recorded in Docket 68 at Page 171 in said offi-
cial records;
Containing 8.00 acres, more or less.
Together with Units 2A, 3A, 4B, 5B, 6A, 7A, 8B, 9B,
10A, 11A, and 12B of the Cholla Townhomes Condomin-
ium, a subdivision recorded in Book 14 of Plats at Page
20 in the official records of Navajo County, Arizona, and
any other buildings and improvements thereon and all
rights, hereditaments, easements, and appurtenances there-
unto belonging or in anywise appertaining.
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Subject, however, to existing easements for public roads
and highways, public utilities, railroads, and pipelines,
and subject to the following outstanding exceptions and
rights:
An undivided one-half interest in all oil, gas,
coal or other hydro-carbon substances and minerals
in, upon, or under said land, and the right to the use
of such portions of the surface of said land as may
be necessary for the proper exploration, mining or
otherwise extracting and removing said oil, gas, coal
or other hydro-carbon substances and minerals as re-
served in instrument recorded in Docket 68 at Page
171, official records of Navajo County, Arizona.
Easements as shown on the plat of Cholla
Townhomes subdivision recorded in Book 14 of Plats
at Page 19 in the official records of Navajo County,
Arizona.
Easements and right incident thereto for sewer
purposes as set forth in instrument recorded in Dock-
et 601 at Page 924 of the official records of Navajo
County, Arizona.
Easements created by and the effect of the Dec-
laration of Horizontal Property Regime recorded in
Docket 679 at Page 773 in the official records of Nav-
ajo County, Arizona, and Certificate of Correction re-
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corded in Docket 678 at Page 815 in said official
records.
Easement and rights incident thereto for electric
lines as set forth in instrument recorded in Docket
883 at Page 213 of the official records of Navajo
County, Arizona.
Liabilities and obligations imposed upon said
land by reason of its inclusion within the Navajo
County Flood Control District.
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
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 1994 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-
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cers and employees of such department, agency, or instru-
mentality.
SEC. 603. Notwithstanding the provisions of the Act
of September 13, 1982 (Public Law 97–258, 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 ex-
penses incurred 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 section shall not exceed the rate specified in regula-
tions prescribed pursuant to section 5707 of title 5,
United States Code.
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
$7,100 except station wagons for which the maximum
shall be $8,100: 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-
HR 2403 PP
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
quarters allowances and cost-of-living allowances, in ac-
cordance with 5 U.S.C. 5992–24.
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
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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, or the Baltic coun-
tries lawfully admitted to the United States for permanent
residence, or (5) South Vietnamese, Cambodian, and Lao-
tian refugees paroled in the United States after January
1, 1975, or (6) nationals of the People’s Republic of China
protected by Executive Order Number 12711 of April 11,
1990: Provided, That for the purpose of this section, an
affidavit signed by any such person shall be considered
prima facie evidence that the requirements 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 existing law: Provided further,
That any payment made to any officer or employee con-
trary to the provisions of this section shall be recoverable
in action by the Federal Government. This section shall
not apply to citizens of Ireland, Israel, the Republic of
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the Philippines or to nationals of those countries allied
with the United States in the current defense effort, or
to international broadcasters employed by the U.S. Infor-
mation Agency, or to temporary employment of trans-
lators, or to temporary employment 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-
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. 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
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
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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. 609. 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. 610. 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
manner authorized by law, without reimbursement to the
Treasury.
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SEC. 611. 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.
SEC. 612. 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).
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SEC. 613. 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
United States.
SEC. 614. No part of any appropriation contained in,
or funds made available by, this or any other Act, shall
be available for any agency to pay to the Administrator
of the General Services Administration a higher rate per
square foot for rental of space and services (established
pursuant to section 210(j) of the Federal Property and
Administrative Services Act of 1949, as amended) than
the rate per square foot established for the space and serv-
ices by the General Services Administration for the fiscal
year for which appropriations were granted.
SEC. 615. (a)(1) Notwithstanding any other provision
of law, no part of any of the funds appropriated for the
fiscal year ending on September 30, 1994, by this or any
other Act, may be used to pay any prevailing rate em-
ployee described in section 5342(a)(2)(A) of title 5, United
States CodeΩ94æ—
(A) during the period from the date of expira-
tion of the limitation imposed by section 616 of the
Treasury, Postal Service, and General Government
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Appropriations Act, 1993, until the first day of the
first applicable pay period that begins on or after
July 1, 1994, in an amount that exceeds the rate
payable for the applicable grade and step of the ap-
plicable wage schedule in accordance with such sec-
tion 616; and
(B) during the period consisting of the remain-
der of fiscal year 1994, in an amount that exceeds,
as a result of a wage survey adjustment, the rate
payable under paragraph (1) by more than the per-
centage adjustment taking effect in fiscal year 1994
under section 5304 of title 5, United States Code (if
any) with respect to General Schedule positions lo-
cated within the boundaries of the wage area (or
local wage area, as applicable) of such prevailing
rate employee.
(2) If the application of paragraph (1)(B) with re-
spect to a particular wage area (or local wage area) would
cause more than 1 percentage limitation being applicable
with respect to such area, rates for prevailing rate employ-
ees (as described in paragraph (1)) within such area shall
be subject to such limitation or limitations as shall apply
under regulations prescribed by the Office of Personnel
Management, in an amount that exceeds the rate payable
for the applicable grade and step of the applicable wage
HR 2403 PP
schedule in accordance with section 616 of the Treasury,
Postal Service, and General Government Appropriations
Act, 1993, on the last day of the limitation imposed by such
section 616, except as provided under paragraph (2).
(2)(A) If, during the fiscal year ending on September
30, 1994, employees under the General Schedule receive a
pay adjustment under section 5303 of title 5, United States
Code, or locality-based comparability payments under sec-
tion 5304 of such title 5, the Office of Personnel Manage-
ment shall, in accordance with the provisions of this para-
graph, provide for adjustments for wage schedules and rates
for employees described in section 5342(a)(2)(A) of such
title 5 that are equitable in timing and amount in relation
to the adjustment and payments under sections 5303 and
5304.
(B) In determining what adjustments would be equi-
table under this paragraph, the Office shall compare the re-
duction in the average pay disparity (as that term is de-
fined in section 5302(6) of title 5) resulting from the adjust-
ment and payments under sections 5303 and 5304 with the
disparity in each wage area between the rates payable
under section 616 of the Treasury, Postal Service, and Gen-
eral Government Appropriations Act, 1993, and the pre-
vailing wage rates in such wage area as determined under
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the provisions of subchapter IV of chapter 53 of title 5, as
in effect on the date of enactment of this Act.
(C) The Office shall discuss with and consider the
views of the Federal Prevailing Rate Advisory Committee
in carrying out the Office’s responsibilities under this para-
graph.
(D) Not later than January 1, 1994, the Office shall
submit a report to the Senate and House Committees on
Appropriations setting forth the Office’s plan for providing
adjustments under this paragraph. Such report shall in-
clude the views of the Federal Prevailing Rate Advisory
Committee, and the individual views of any member of such
Advisory Committee
(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 that was not in existence on Sep-
HR 2403 PP
tember 30, 1993, 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,
1993, except to the extent determined by the Office of
Personnel Management to be consistent with the purpose
of this section.
(e) The provisions of this section shall apply with re-
spect to pay for services performed by any affected em-
ployee on or after October 1, 1993.
(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.
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(h) The Office of Personnel Management may pre-
scribe any regulations which may be necessary to carry
out this section.
SEC. 616. 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-
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. 617. (a) Notwithstanding the provisions of sec-
tions 112 and 113 of title 3, United States Code, each
Executive agency detailing any personnel shall submit a
report on an annual basis in each fiscal year to the Senate
and House Committees on Appropriations on all employ-
ees or members of the armed services detailed to Executive
agencies, listing the grade, position, and offices of each
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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 de-
tailed to or from—
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(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 the Treasury, Ω95æthe Department of
Transportation, and the Department of Energy per-
forming intelligence 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
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and Appropriations Committees by the executive branch
through budget justification materials and other reports.
(d) For the purposes of this section, the term ‘‘Exec-
utive agency’’ has the same meaning as defined under sec-
tion 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 Residence, and any office, council, or organiza-
tional unit of the Executive Office of the President.
SEC. 618. No funds appropriated in this or any other
Act for fiscal year 1994 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
contain the following provisions:
‘‘These restrictions are consistent with and do not su-
persede conflict with or otherwise alter the employee obli-
gations, rights or liabilities created by Executive Order
12356; section 7211 of title 5, United States Code (gov-
erning disclosures to Congress); section 1034 of title 10,
United States Code, as amended by the Military Whistle-
blower 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 Whistleblower
Protection Act (governing disclosures of illegality, waste,
100
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fraud, abuse or public health or safety threats); the Intel-
ligence Identities Protection Act of 1982 (50 U.S.C. 421
et seq.) (governing disclosures that could expose confiden-
tial Government agents), and the statutes which protect
against disclosure that may compromise the national secu-
rity, including sections 641, 793, 794, 798, and 952 of
title 18, United States Code, and section 4(b) of the Sub-
versive Activities Act of 1950 (50 U.S.C. section 783(b)).
The definitions, requirements, obligations, rights, sanc-
tions and liabilities created by said Executive Order and
listed statutes are incorporated into this Agreement and
are controlling.’’.
SEC. 619. 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.
Ω96æSEC. 620. (a) None of the funds appropriated
by this or any other Act may be expended by any Federal
agency to procure any product or service that is subject
to the provisions of Public Law 89–306 and that will be
available under the procurement by the Administrator of
General Services known as ‘‘FTS2000’’ unless—
101
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(1) such product or service is procured by the
Administrator of General Services as part of the
procurement known as ‘‘FTS2000’’; or
(2) that agency establishes to the satisfaction of
the Administrator of General Services that—
(A) the agency’s requirements for such
procurement are unique and cannot be satisfied
by property and service procured by the Admin-
istrator of General Services as part of the pro-
curement known as ‘‘FTS2000’’; and
(B) the agency procurement, pursuant to
such delegation, would be cost-effective and
would not adversely affect the cost-effectiveness
of the FTS2000 procurement.
(b) After July 31, 1994, subsection (a) shall apply
only if the Administrator of General Services has reported
that the FTS2000 procurement is producing prices that
allow the Government to satisfy its requirements for such
procurement in the most cost-effective manner.
Ω97æSEC. 620. Subsections (c) and (d) of section 3726
of title 31 U.S.C. are amended to read as follows:
‘‘(c) Expenses of transportation audit postpayment
contracts and contract administration, and the expenses of
all other transportation audit and audit-related functions
conferred upon the Administrator of General Services, shall
102
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be financed from overpayments collected from carriers on
transportation bills paid by the Government and other
similar type refunds, not to exceed collections. Payment to
any contractor for audit services shall not exceed 50 percent
of the overpayment identified by contract audit.
‘‘(d) At least annually, and as determined by the Ad-
ministrator, after making adequate provision for expense
of refunds to carriers, transportation audit postpayment
contracts, contract administration, and other expenses au-
thorized in subsection (c), overpayments collected by the
General Services Administration shall be transferred to
miscellaneous receipts of the Treasury. A report of receipts,
disbursements, and transfers (to miscellaneous receipts)
pursuant to this section shall be made annually in connec-
tion with the budget estimates to the Director of the Office
of Management and Budget and to the Congress.’’.
SEC. 621. (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-
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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. 622. Notwithstanding section 1346 of title 31,
United States Code, or section 611 of this Act, funds
made available for fiscal year 1994 by this or any other
Act shall be available for the interagency funding of na-
tional security and emergency preparedness telecommuni-
cations initiatives which benefit multiple Federal depart-
ments, agencies, or entities, as provided by Executive
Order Numbered 12472 (April 3, 1984).
SEC. 623. Notwithstanding any provisions of this or
any other Act, during the fiscal year ending September
30, 1994, any department, division, bureau, or office may
use funds appropriated by this or any other Act to install
telephone lines, 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 the Office of Per-
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sonnel Management: Provided, That the head of the de-
partment, division, bureau, or office certifies that ade-
quate safeguards against private misuse exist, and that
the service is necessary for direct support of the agency’s
mission.
SEC. 624. (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;
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(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 the Treasury, and the Department of
Energy performing intelligence functions; and
(7) the Director of Central Intelligence.
SEC. 625. None of the funds appropriated by this or
any other Act may be used to relocate the Department
of Justice Immigration Judges from offices located in
Phoenix, Arizona to new quarters in Florence, Arizona
without the prior approval of the House and Senate Com-
mittees on Appropriations.
SEC. 626. None of the funds made available in this
Act for ‘‘Allowances and Office Staff for Former Presi-
dents’’ may be used for partisan political activities.
Ω98æSEC. 627. Section 635 of the Public Law 102–
393 is amended in paragraph (c)(2) by striking ‘‘1993’’ and
inserting ‘‘1994’’.
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Ω99æSEC. 628. Section 404 of the Federal Employees
Pay Comparability Act of 1990 is amended by striking
‘‘Washington, DC–MD–VA Metropolitan Statistical Area’’
and inserting in its place, ‘‘Washington-Baltimore DC–
MD–VA–WV Consolidated Metropolitan Statistical Area’’.
Ω100æSEC. 629. Paragraphs (c), (d), and (e) of section
6962j of U.S.C. 42, are amended to read as follows:
‘‘(c) For purposes of this section, ‘recycled cartridge’
means a laser printer, photocopier, facsimile machine, or
microphotographic toner cartridge which has been remanu-
factured in the United States.
‘‘(d) Not less than 50 percent of cartridge procurement
requirements shall be achieved by a set-aside for small busi-
ness concerns, the remainder shall be acquired through the
use of unrestricted full and open competition. The provision
of this paragraph shall not affect current law with respect
to Federal Prison Industries, Inc. (UNICOR) or Organiza-
tions for the Blind or Other Severely Handicapped (NIB/
NISH).
‘‘(e) For the purpose of this section ‘small business con-
cern’ has the meaning given such term in the Small Busi-
ness Act (U.S.C. 632(a)).’’.
Ω101æSEC. 630. No department, agency, or instrumen-
tality of the United States receiving appropriated funds
under this or any other Act for fiscal year 1994 shall obli-
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gate or expend any such funds, unless such department,
agency or instrumentality has in place by July 1, 1994,
and will continue to administer 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.
Ω102æTITLE VII—REVENUE FORGONE REFORM
SHORT TITLE; TABLE OF CONTENTS
SEC. 701. (a) SHORT TITLE.—This title may be cited
as the ‘‘Revenue Forgone Reform Act’’.
(b) TABLE OF CONTENTS.—The table of contents for
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.
REFERENCES
SEC. 702. Except as otherwise expressly provided,
whenever in this title an amendment or repeal is expressed
in terms of an amendment to, or a repeal of, a section or
other provision, the reference shall be considered to be made
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to a section or other provision of title 39, United States
Code.
REPEAL OF AUTHORIZATION OF APPROPRIATIONS FOR
MAIL SENT AT REDUCED RATES OF POSTAGE
SEC. 703. (a) IN GENERAL.—Section 2401(c) is
amended—
(1) in the first sentence—
(A) by striking ‘‘if sections’’ through ‘‘had
not been enacted’’ and inserting ‘‘if sections
3217, 3403 through 3406, and 3629 had not been
enacted’’; and
(B) by striking ‘‘such sections and Acts.’’
and inserting ‘‘such sections.’’; and
(2) in the second sentence—
(A) by striking ‘‘(i)’’; and
(B) by striking ‘‘volume;’’ through ‘‘sched-
ules.’’ and inserting ‘‘volume.’’.
(b) APPLICABILITY.—The amendments made by sub-
section (a) shall apply with respect to appropriations for
fiscal years beginning after September 30, 1993.
ESTABLISHING REDUCED RATES OF POSTAGE
SEC. 704. (a) RATES.—
(1) IN GENERAL.—Section 3626(a) is amended
to read as follows:
‘‘(a)(1) Except as otherwise provided in this section,
rates of postage for a class of mail or kind of mailer under
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former section 4358, 4452(b), 4452(c), 4454(b), or 4454(c)
of this title shall be established in accordance with the ap-
plicable provisions of this chapter.
‘‘(2) For the purpose of this subsection—
‘‘(A) the term ‘costs attributable’, as used with
respect to a class of mail or kind of mailer, means the
direct and indirect postal costs attributable to such
class of mail or kind of mailer (excluding any other
costs of the Postal Service): Provided, That with re-
spect to mail under former section 4452(b) and
4452(c) of this title, such attributable costs shall be
allocated between letter-shaped mail and non-letter-
shaped mail, as such types of mail are defined in the
associated classification and rate schedules, in a man-
ner that will at a minimum preserve the difference
between the basic rate for non-letter-shaped mail and
the basic price rate for letter-shaped mail established
under title II of Public Law No. 102–141, the Postal
Service Appropriations Act, 1992;
‘‘(B) the term ‘regular-rate category’ means any
class of mail or kind of mailer, other than a class or
kind referred to in paragraph (2)(A) or section
2401(c); and
‘‘(C) the term ‘institutional-costs contribution’,
as used with respect to a class of mail or kind of
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mailer, means that portion of the estimated revenues
to the Postal Service from such class of mail or kind
of mailer which remains after subtracting an amount
equal to the estimated costs attributable to such class
of mail or kind of mailer.
‘‘(3)(A) Except as provided in paragraph (4) or (5),
rates of postage for a class of mail or kind of mailer under
former section 4358, 4452(b), 4452(c), 4554(b), or 4554(c)
of this title shall be established in a manner such that the
estimated revenues to be received by the Postal Service from
such class of mail or kind of mailer shall be equal to the
sum of—
‘‘(i) the estimated costs attributable to such class
of mail or kind of mailer; and
‘‘(ii) the product derived by multiplying the esti-
mated costs referred to in clause (i) by the applicable
percentage under subparagraph (B).
‘‘(B) The applicable percentage for any class of mail
or kind of mailer referred to in subparagraph (A) shall be
the product derived by multiplying—
‘‘(i) the percentage which, for the most closely
corresponding regular-rate category, the institutional-
costs contribution for such category represents relative
to the estimated costs attributable to such category of
mail, times
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‘‘(ii)(I) one-twelfth, for fiscal year 1994;
‘‘(II) one-sixth, for fiscal year 1995;
‘‘(III) one-fourth, for fiscal year 1996;
‘‘(IV) one-third, for fiscal year 1997;
‘‘(V) five-twelfths, for fiscal year 1998; and
‘‘(VI) one-half, for any fiscal year after fiscal
year 1998.
‘‘(C) Temporary special authority to permit the timely
implementation of the preceding provisions of this para-
graph is provided under section 3642.
‘‘(D) For purposes of establishing rates of postage
under this subchapter for any of the classes of mail or kinds
of mailers referred to in subparagraph (A), subclauses (I)
through (V) of subparagraph (B)(ii) shall be deemed
amended by striking the fraction specified in each such
subclause and inserting ‘one-half’.
‘‘(4) The rates for the advertising portion of any mail
matter under former section 4358(d) or 4358(e) of this title
shall be equal to the rates for the advertising portion of the
most closely corresponding regular-rate category of mail, ex-
cept that if the advertising portion does not exceed 10 per-
cent of the issue of the publication involved, the advertising
portion shall be subject to the same rates as apply to the
nonadvertising portion.
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‘‘(5) The rates for any advertising under former sec-
tion 4358(f) of this title shall be equal to 75 percent of the
rates for advertising contained in the most closely cor-
responding regular-rate category of mail.’’.
(2) SPECIAL
AUTHORITY.—Subchapter III of
chapter 36 is amended by adding at the end the fol-
lowing:
‘‘§ 3642. Special authority relating to reduced-rate
categories of mail
‘‘(a) In order to permit the timely implementation of
section 3626(a)(2), the Postal Service may establish tem-
porary rates of postage for any class of mail or kind of
mailer referred to in section 3626(a)(3)(A).
‘‘(b) Any exercise of authority under this section shall
be in conformance with the requirements of section 3626(a),
subject to the following:
‘‘(1) All attributable costs and institutional-costs
contributions assumed shall be the same as those
which were assumed for purposes of the then most re-
cent proceedings under subchapter II pursuant to
which rates of postage for the class of mail or kind
of mailer involved were last adjusted.
‘‘(2) Any temporary rate established under this
section shall take effect upon such date as the Postal
Service may determine, except that—
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‘‘(A) such a rate may take effect only after
10 days’ notice in the Federal Register; and
‘‘(B) no such rate may take effect after Sep-
tember 30, 1998.
‘‘(3) A temporary rate under this section may
remain in effect no longer than the last day of the fis-
cal year in which it first takes effect.
‘‘(4) Authority under this section may not be ex-
ercised in a manner that would result in more than
1 change taking effect under this section, during the
same fiscal year, in the rates of postage for a particu-
lar class of mail or kind of mailer, except as provided
in paragraph (5).
‘‘(5) Nothing in paragraph (4) shall prevent an
adjustment under this section in rates for a class of
mail or kind of mailer with respect to which any
rates took effect under this section earlier in the same
fiscal year if—
‘‘(A) the rates established for such class of
mail or kind of mailer by the earlier adjustment
are superseded by new rates established under
subchapter II; and
‘‘(B) authority under this paragraph has
not previously been exercised with respect to such
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class of mail or kind of mailer based on the new
rates referred to in subparagraph (A).
‘‘(c) The Postal Service may prescribe any regulations
which may be necessary to carry out this section, including
provisions governing the coordination of adjustments under
this section with any other adjustments under this title.’’.
(3) 
TECHNICAL
AND
CONFORMING
AMEND-
MENTS.—
(A) SECTION 3626.—Section 3626(i) is re-
pealed.
(B) SECTION 3627.—Section 3627 is amend-
ed by striking ‘‘sent at a free or reduced rate
under section 3217, 3403 through 3406, 3626, or
3629 of this title,’’ and inserting ‘‘sent free of
postage under section 3217 or 3403 through 3406
or at a reduced rate under section 3629’’.
(C) TABLE
OF
CONTENTS.—The table of
contents for chapter 36 is amended by inserting
after the item relating to section 3641 the follow-
ing:
‘‘3642. Special authority relating to reduced-rate categories of mail.’’.
(b) AUTHORIZATION.—
(1) IN GENERAL.—Section 2401 is amended—
(A) by striking subsections (d) through (f);
(B) by redesignating subsections (g) through
(i) as subsections (e) through (g), respectively;
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(C) in subsection (f) (as so redesignated by
subparagraph (B)) by striking the second sen-
tence;
(D) in subsection (g) (as so redesignated by
subparagraph (B)) by striking ‘‘subsections (b)
and (d) of this section’’ and inserting ‘‘sub-
section (b)’’; and
(E) by inserting after subsection (c) the fol-
lowing:
‘‘(d) As reimbursement to the Postal Service for losses
which it incurred as a result of insufficient amounts appro-
priated under section 2401(c) for fiscal years 1991 through
1993, and to compensate for the additional revenues it is
estimated the Postal Service would have received under the
provisions of section 3626(a), for the period beginning on
October 1, 1993, and ending on September 30, 1998,
if the fraction specified in subclause (VI) of section
3626(a)(3)(B)(ii) were applied with respect to such period
(instead of the respective fractions specified in subclauses
(I) through (V) thereof), there are authorized to be appro-
priated to the Postal Service $29,000,000 for each of fiscal
years 1994 through 2035.’’.
(2) RATEMAKING LIMITATIONS.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), rates of postage may not be
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established, under subchapter II of chapter 36 of
title 39, United States Code, in a manner de-
signed to allow the United States Postal Service
to receive through revenues any portion of the
additional revenues (referred to in section
2401(d) of such title, as amended by paragraph
(1)(E)) for which amounts are authorized to be
appropriated under such section 2401(d).
(B) EXCEPTION.—If Congress fails to ap-
propriate an amount authorized under section
2401(d) of title 39, United States Code (as
amended by paragraph (1)(E)), rates for the var-
ious classes of mail may be adjusted in accord-
ance with the provisions of subchapter II of
chapter 36 of such title (excluding section 3627
thereof) such that the resulting increase in reve-
nues will equal the amount that Congress so
failed to appropriate.
(c) APPLICABILITY.—
(1) RATES.—The amendments made by sub-
section (a) shall apply with respect to rates for mail
sent after September 30, 1993.
(2) AUTHORIZATION.—The amendments made by
subsection (b) shall apply with respect to appropria-
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tions for fiscal years beginning after September 30,
1993.
ELIGIBILITY OF CERTAIN MAILINGS FOR REDUCED RATES
OF POSTAGE
SEC. 705. (a) ADVERTISING.—Section 3626(j)(1) is
amended—
(1) in subparagraph (B) by striking ‘‘or’’ after
the semicolon;
(2) in subparagraph (C) by striking the period
and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(D) any product or service (other than any to
which subparagraph (A), (B), or (C) relates), if—
‘‘(i) the sale of such product or the provid-
ing of such service is not substantially related
(aside from the need, on the part of the organiza-
tion promoting such product or service, for in-
come or funds or the use it makes of the profits
derived) to the exercise or performance by the or-
ganization of one or more of the purposes con-
stituting the basis for the organization’s author-
ization to mail at such rates; or
‘‘(ii) the mail matter involved is part of a
cooperative mailing (as defined under regula-
tions of the Postal Service) with any person or
organization not authorized to mail at the rates
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for mail under former section 4452(b) or 4452(c)
of this title;
except that—
‘‘(I) any determination under clause (i)
that a product or service is not substantially re-
lated to a particular purpose shall be made
under regulations which shall be prescribed by
the Postal Service and which shall be consistent
with standards established by the Internal Reve-
nue Service and the courts under subsections (a)
and (c) of section 513 of the Internal Revenue
Code of 1986; and
‘‘(II) clause (i) shall not apply if the prod-
uct involved is a periodical publication described
in subsection (m)(2) (including a subscription to
receive any such publication).’’.
(b) PRODUCTS.—Section 3626 is amended by adding
at the end the following:
‘‘(m)(1) In the administration of this section, the rates
for mail under former section 4452(b) or 4452(c) of this
title shall not apply to mail consisting of products, unless
such products—
‘‘(A) were received by the organization as gifts or
contributions; or
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‘‘(B) are low cost articles (as defined by section
513(h)(2) of the Internal Revenue Code of 1986).
‘‘(2) Paragraph (1) shall not apply with respect to a
periodical publication of a qualified nonprofit organiza-
tion.’’.
(c) 
CERTIFICATION; 
VERIFICATION.—Section
3626(j)(3) is amended—
(1) by striking ‘‘(3)’’ and inserting ‘‘(3)(A)’’;
and
(2) by adding at the end the following:
‘‘(B) The Postal Service shall establish procedures to
carry out this paragraph, including procedures for mailer
certification of compliance with the conditions specified in
paragraph (1)(D) or subsection (m), as applicable, and ver-
ification of such compliance.’’.
(d) APPLICABILITY.—The amendments made by this
section shall apply with respect to mail sent, and the rates
for mail sent, after September 30, 1993.
PROVISIONS RELATING TO RATES FOR BOOKS AND CERTAIN
OTHER MATERIALS
SEC. 706. (a) IN GENERAL.—Section 3683(b) is
amended to read as follows:
‘‘(b) The rates of postage under former section
4554(b)(1) of this title shall not be effective except with re-
spect to mailings which—
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‘‘(1) constitute materials specified in former sec-
tion 4554(b)(2) of this title; and
‘‘(2) are sent between—
‘‘(A) an institution, organization, or asso-
ciation listed in subparagraph (A) or (B) of such
former section 4554(b)(1) and any other such in-
stitution, organization, or association;
‘‘(B) an institution, organization, or asso-
ciation referred to in subparagraph (A) and any
individual (other than an individual having a
financial interest in the sale, promotion, or dis-
tribution of the materials involved); or
‘‘(C) an institution, organization, or asso-
ciation referred to in subparagraph (A) and a
qualified nonprofit organization (as defined in
former section 4452(d) of this title) that is not
such an institution, organization, or associa-
tion.’’.
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall apply with respect to mail sent after Sep-
tember 30, 1993.
SENSE OF CONGRESS
SEC. 707. It is the sense of the Congress that any legis-
lation, enacted after September 30, 1994, which would have
the effect of expanding the classes of mail or kinds of mailers
eligible for reduced rates of postage should provide for suffi-
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cient funding to ensure that neither any losses to the United
States Postal Service nor any increase in the rates of post-
age for any of the other classes of mail or kinds of mailers
will result.
TECHNICAL CORRECTIONS
SEC. 708. (a) SECTION
410.—Section 410(b) is
amended—
(1) in paragraph (8) by striking ‘‘and’’ after the
semicolon;
(2) in the first paragraph (9) by striking ‘‘Chap-
ter’’ and inserting ‘‘chapter’’, and by striking the pe-
riod and inserting ‘‘; and’’; and
(3) by designating the second paragraph (9) as
paragraph (10).
(b) SECTION 3202.—Section 3202(a) is amended—
(1) in paragraph (3) by adding ‘‘and’’ after the
semicolon; and
(2) in paragraph (4) by striking ‘‘; and’’ and
inserting a period.
(c) SECTION 3601.—Section 3601(a) is amended by
striking ‘‘concent’’ and inserting ‘‘consent’’.
(d) SECTION 3625.—Section 3625(d) is amended by
striking ‘‘section 3268’’ and inserting ‘‘section 3628’’.
(e) SECTION 3626.—Section 3626 is amended by redes-
ignating the second subsection (k) as subsection (l).
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Ω103æSEC. 709. REDUCED RATES FOR VOTER REG-
ISTRATION MAIL.—Section 3629 of title 39, United States
Code, as enacted by section 8(h) of Public Law 103–31, the
National Voter Registration Act of 1993, is amended by
striking ‘‘the rate for any class of mail that is available
to a qualified nonprofit organization under section 3626’’
and inserting in lieu thereof ‘‘a rate which is one-half the
applicable rate for First-Class Mail, as provided in the rel-
evant classification and rate schedules,’’.
Ω104æTITLE VIII—NONSMOKING POLICY
SEC. 801. SHORT TITLE.
This title may be cited as the ‘‘Preventing Our Federal
Building Workers and Visitors From Exposure to Deadly
Smoke (PRO–FEDS) Act of 1993’’.
SEC. 802. FINDINGS.
Congress finds that—
(1) environmental tobacco smoke comes from sec-
ondhand smoke exhaled by smokers and sidestream
smoke emitted from the burning of cigarettes, cigars,
and pipes;
(2) since citizens of the United States spend up
to 90 percent of a day indoors, there is a significant
potential for exposure to environmental tobacco smoke
from indoor air;
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(3) exposure to environmental tobacco smoke oc-
curs in schools, public buildings, and other indoor fa-
cilities;
(4) recent scientific studies have concluded that
exposure to environmental tobacco smoke is a cause of
lung cancer in healthy nonsmokers and is responsible
for acute and chronic respiratory problems and other
health impacts in sensitive populations (including
children);
(5) the health risks posed by environmental to-
bacco smoke exceed the risks posed by many environ-
mental pollutants regulated by the Environmental
Protection Agency; and
(6) according to information released by the En-
vironmental Protection Agency, environmental to-
bacco smoke results in a loss to the economy of over
$3,000,000,000 per year.
SEC. 803. DEFINITIONS.
As used in this title:
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency.
(2) EXECUTIVE AGENCY.—The term ‘‘Executive
agency’’ has the meaning provided in section 105 of
title 5, United States Code.
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(3) FEDERAL AGENCY.—The term ‘‘Federal agen-
cy’’ includes any Executive agency, the Executive Of-
fice of the President, any military department, any
court of the United States, the Administrative Office
of the United States Courts, the Library of Congress,
the Botanic Garden, the Government Printing Office,
the Congressional Budget Office, the United States
Postal Service, the Postal Rate Commission, the Office
of the Architect of the Capitol, the Office of Tech-
nology Assessment, and any other agency of the execu-
tive, legislative, and judicial branches.
(4) FEDERAL
BUILDING.—The term ‘‘Federal
building’’ means any building or other structure
owned or leased for use by a Federal agency, except
that the term shall not include any area of a building
that is used primarily as living quarters.
(5) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Health and Human Services.
SEC. 804. NONSMOKING POLICY FOR FEDERAL BUILDINGS.
(a) IN GENERAL.—
(1) ISSUANCE OF GUIDELINES.—Not later than
180 days after the date of enactment of this Act, the
Administrator shall issue guidelines for instituting
and enforcing a nonsmoking policy at each Federal
agency.
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(2) CONTENTS OF GUIDELINES.—A nonsmoking
policy that meets the requirements of the guidelines
shall, at a minimum, prohibit smoking in each in-
door portion of a Federal building that is not venti-
lated separately (as defined by the Administrator)
from other portions of the facility.
(b) ADOPTION OF GUIDELINES.—
(1) IN GENERAL.—As soon as is practicable after
the date of issuance of the guidelines referred to in
subsection (a), the head of each Executive agency, and
the Director of the Administrative Office of the Unit-
ed States Courts shall adopt a nonsmoking policy ap-
plicable to the Federal agency under the jurisdiction
of the individual that meets the requirements of the
guidelines referred to in subsection (a), and take such
action as is necessary to ensure that the policy is car-
ried out in the manner specified in the guidelines.
(2) LEGISLATIVE BRANCH.—As soon as is prac-
ticable after the date of issuance of the guidelines re-
ferred to in subsection (a), the following entities and
individuals shall adopt a nonsmoking policy that
meets the requirements of the guidelines referred to in
subsection (a), and take such action as is necessary
to ensure that the policy is carried out in the manner
specified in the guidelines:
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(A) With respect to the House of Represent-
atives (including any office space or buildings of
the House of Representatives), the House Office
Building Commission.
(B) With respect to the Senate (including
any office space or buildings of the Senate), the
Committee on Rules and Administration of the
Senate.
(C) With respect to any other area occupied
or used by a Federal agency of the legislative
branch, the Architect of the Capitol.
(3) CERTIFICATION FOR EXECUTIVE AGENCIES.—
The Administrator of General Services, in consulta-
tion with the Administrator, shall review each non-
smoking policy adopted by the head of an Executive
agency and shall certify those policies that meet the
requirements of the guidelines referred to in sub-
section (a). In carrying out the certification, the Ad-
ministrator of General Services shall use a procedure
and apply criteria that the Administrator shall estab-
lish. Except as provided in subsection (c), if a policy
does not meet the requirements of the guidelines, the
Administrator of General Services shall—
(A) in a written communication, advise the
head of the Executive agency concerning modi-
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fications of the policy to meet the requirements;
and
(B) publish the communication in the Fed-
eral Register.
(c) WAIVERS.—
(1) EXECUTIVE AGENCIES.—The head of an Ex-
ecutive agency may publicly petition the Adminis-
trator of General Services for a waiver from institut-
ing or enforcing a nonsmoking policy (or policy re-
quirement) under the guidelines issued pursuant to
subsection (a). The Administrator of General Services
may waive the requirement if, after consultation with
the Administrator, the Administrator of General
Services determines that—
(A) unusual extenuating circumstances pre-
vent the head of the Federal agency from enforc-
ing the policy (or a requirement under the pol-
icy) (including a case in which the Federal agen-
cy shares space in an indoor facility with a non-
Federal entity and cannot obtain an agreement
with the other entity to abide by the nonsmoking
policy requirement) and the head of the Execu-
tive agency will establish and make a good-faith
effort to enforce an alternative nonsmoking pol-
icy (or alternative requirement under the policy)
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that will protect individuals from exposure to
environmental tobacco smoke to the maximum
extent possible; or
(B) the head of the Executive agency will
enforce an alternative nonsmoking policy (or al-
ternative requirement under the policy) that will
protect individuals from exposure to environ-
mental tobacco smoke to the same degree as the
requirement under the guidelines issued pursu-
ant to subsection (a).
(2) AGENCIES OF THE JUDICIAL BRANCH.—After
consultation with the Administrator, and after pro-
viding public notice and reasonable opportunity for
public review and comment, the Director of the Ad-
ministrative Office of the United States Courts may,
on the basis of the criteria for a waiver referred to in
paragraph (1), make such modifications to the non-
smoking policy required to be carried out pursuant to
subsection (b) as the Director determines to be nec-
essary. The Director may not make any modification
that violates the criteria for a waiver under para-
graph (1).
(3) AGENCIES OF THE LEGISLATIVE BRANCH.—
After consultation with the Administrator, and after
providing public notice and reasonable opportunity
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for public review and comment, the appropriate en-
tity or individual referred to in subparagraphs (A)
through (C) of subsection (b)(2) may, on the basis of
the criteria for a waiver referred to in paragraph (1),
make such modifications to the nonsmoking policy re-
quired to be carried out pursuant to subsection (b) as
the entity or individual determines to be necessary.
The entity or individual may not make any modifica-
tion that violates the criteria for a waiver under
paragraph (1).
(d) COLLECTIVE BARGAINING AGREEMENTS.—
(1) IN GENERAL.—In a Federal agency in which
a labor organization has been accorded recognition as
a bargaining unit pursuant to chapter 71 of title 5,
United States Code, the Federal agency shall engage
in collective bargaining pursuant to section 7114 of
title 5, United States Code, to ensure the implementa-
tion of the requirements of this section that affect
work areas predominately occupied by the employees
represented by the labor organization by the date of
the adoption, pursuant to this section, of a non-
smoking policy applicable to the Federal agency.
(2) EXEMPTION.—
(A) IN GENERAL.—If, on the date of enact-
ment of this Act—
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(i) a bargaining unit referred to in
paragraph (1) has in effect a collective bar-
gaining agreement with respect to which a
Federal agency is a party; and
(ii) the collective bargaining agreement
referred to in clause (i) includes provisions
relating to smoking privileges that are in
violation of the requirements of this section,
the head of the Federal agency may exempt work
areas predominately occupied by the employees
subject to the collective bargaining agreement
from the nonsmoking policy that the Federal
agency is required to be carried out under sub-
section (b).
(B) TERMINATION OF EXEMPTION.—
(i) IN
GENERAL.—An exemption re-
ferred to in subparagraph (A) shall termi-
nate on the earlier of—
(I) the first expiration date (after
the date of enactment of this Act) of the
collective bargaining agreement con-
taining the provisions relating to
smoking privileges; or
(II) the date that is 1 year after
the date of issuance of the guidelines.
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(ii) IMPLEMENTATION OF NONSMOKING
POLICY
AFTER
TERMINATION
DATE.— By
the applicable date specified in clause
(i)(II), the head of each Federal agency
shall be required to enforce a nonsmoking
policy that meets the requirements of the
guidelines issued under subsection (a) in
each work area under the jurisdiction of the
head of the Federal agency, notwithstanding
any collective bargaining agreement that
contains provisions that are less restrictive
than the nonsmoking policy.
SEC. 805. TECHNICAL ASSISTANCE AND OUTREACH ACTIVI-
TIES.
(a) TECHNICAL ASSISTANCE.—The Administrator and
the Secretary shall provide technical assistance to the heads
of Federal agencies and other persons who request technical
assistance. The technical assistance shall include informa-
tion—
(1) on smoking cessation programs for employ-
ees; and
(2) to assist in compliance with the requirements
of this title.
(b) OUTREACH ACTIVITIES.—The Administrator, in
consultation with the Secretary, shall establish an outreach
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program to inform the public concerning the dangers of en-
vironmental tobacco smoke. As part of the outreach pro-
gram, the Administrator and the Secretary shall make
available to the general public brochures and other edu-
cational materials. In establishing the programs under this
paragraph, the Administrator and the Secretary shall co-
operate to maximize the sharing of information and re-
sources.
SEC. 806. REPORT BY THE ADMINISTRATOR.
Not later than 2 years after the date of enactment of
this Act, the Administrator shall submit a report to Con-
gress that includes—
(1) information concerning the degree of compli-
ance with this title; and
(2) an assessment of the legal status of smoking
in public places.
SEC. 807. PREEMPTION.
Nothing in this title is intended to preempt any provi-
sion of law of a State or political subdivision of a State
that is more restrictive than a provision of this title.
SEC. 808. EXEMPTION.
No provision in this title shall be construed to affect
or otherwise impair the authority of the Secretary of Veter-
ans Affairs, under section 526 of the Veterans Health Care
Act of 1992 (38 U.S.C. 1715 note).
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Ω105æTITLE IX—CIGARETTE SALES TO MINORS
SEC. 901. FINDINGS.
The Congress finds that—
(1) cigarette smoking and the use of smokeless to-
bacco products continue to represent major health
hazards to the Nation, causing approximately
434,000 deaths each year;
(2) cigarette smoking continues to be the single
most preventable cause of death and disability in the
United States;
(3) tobacco products contain hazardous addi-
tives, gases, and other chemical constituents dan-
gerous to health;
(4) the use of tobacco products costs the United
States more than $60,000,000,000 in lost productivity
and health care costs;
(5) tobacco products contain nicotine, a poison-
ous, addictive drug;
(6) despite the known adverse health effects asso-
ciated with tobacco, it remains one of the least regu-
lated consumer products and is readily available to
children and adolescents throughout the United
States;
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(7) 90 percent of adult smokers start smoking in
adolescence or childhood and continue to smoke
throughout their adult lives;
(8) each day, more than 3,000 children and ado-
lescents start smoking and collectively consume nearly
one billion packs of cigarettes per year;
(9) reliable studies indicate that tobacco is a
gateway to other, increasingly more harmful drugs,
and that tobacco use continues after use of other drugs
begins; and
(10) the Congress of the United States has a
major policy setting role in ensuring that the use of
tobacco products among minors is discouraged to the
maximum extent possible.
SEC. 902. DEFINITIONS.
As used in this title—
(1) the term ‘‘Federal agency’’ means—
(A) an Executive agency as defined in sec-
tion 105 of title 5, United States Code; and
(B) each entity specified in paragraphs (B)
through (H) of section 5721(1) of title 5, United
States Code;
(2) the term ‘‘Federal building’’ means—
(A) any building or other structure owned
in whole or in part by the United States or any
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Federal agency, including any such structure oc-
cupied by a Federal agency under a lease agree-
ment, except that the term shall not include any
area or portion of a building not leased by the
Federal Government; and
(B) includes the real property on which
such building is located;
(3) the term ‘‘minor’’ means an individual
under the age of 18 years; and
(4) the term ‘‘tobacco product’’ means cigarettes,
cigars, little cigars, pipe tobacco, smokeless tobacco,
snuff, and chewing tobacco.
SEC. 903. TOBACCO PRODUCTS VENDING MACHINE AND
FREE SAMPLE BAN IN FEDERAL BUILDINGS.
(a) IN GENERAL.—No later than 45 days after the date
of the enactment of this Act, the Administrator of General
Services and the head of each Federal agency shall promul-
gate regulations that prohibit the sale of tobacco products
in vending machines located in or around any Federal
building under the jurisdiction of the Administrator or such
agency head.
(b) EXCEPTION.—The Administrator of General Serv-
ices or the head of an agency, as appropriate, may des-
ignate areas not subject to the provisions of subsection (a),
if such area also prohibits the presence of minors.
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(c) JURISDICTION OF FEDERAL BUILDINGS AND AD-
MINISTRATION.—The provisions of this section shall be car-
ried out—
(1) by the Administrator of General Services for
any Federal building which is maintained, leased, or
has title of ownership vested in the General Services
Administration; or
(2) by the head of a Federal agency for any Fed-
eral building which is maintained, leased, or has title
of ownership vested in such agency.
SEC. 904. COMPLIANCE REPORT.
No later than 90 days after the date of enactment of
this Act, the Administrator of General Services and each
head of an agency shall prepare and submit, to the appro-
priate committees of Congress, a report that shall contain—
(1) verification that the Administrator or such
head of an agency is in compliance with this Act; and
(2) a detailed list of the location of all tobacco
product vending machines located in Federal build-
ings under the administration of the Administrator
or such head of an agency.
SEC. 905. APPLICATION TO THE UNITED STATES CAPITOL
AND GROUNDS.
(a) IN GENERAL.—No later than 45 days after the date
of the enactment of this Act, the Senate Committee on Rules
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and Administration and the House of Representatives Com-
mittee on House Administration, after consultation with
the Architect of the Capitol, shall promulgate regulations
under the House and Senate rulemaking authority that pro-
hibit the sale of tobacco products in vending machines in
the Capitol Buildings.
(b) EXCEPTION.—Such committees may designate
areas where such prohibition shall not apply, if such area
also prohibits the presence of minors.
(c) DEFINITION.—For the purpose of this section the
term ‘‘Capitol Buildings’’ shall have the same meaning as
such term is defined under section 16(a)(1) of the Act enti-
tled ‘‘An Act to define the area of the United States Capitol
Grounds, to regulate the use thereof, and for other pur-
poses’’, approved July 31, 1946 (40 U.S.C. 193m(1)).
SEC. 906. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed as restricting
the authority of the Administrator of General Services or
the head of an agency to limit tobacco product use in or
around any Federal building, except as provided under sec-
tion 903(a).
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This Act may be cited as the ‘‘Treasury, Postal Serv-
ice, and General Government Appropriations Act, 1994’’.
Passed the Senate August 3 (legislative day, June
30), 1993.
Attest:
WALTER J. STEWART,
Secretary.
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