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required by chapter 87 of title 5, United States Code,
$19,159,000, 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-
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.
REVOLVING FUND
Of the offsetting collections credited to this account,
$649,000 are permanently canceled.
OFFICE OF PERSONNEL MANAGEMENT
GENERAL PROVISIONS
SECTION 1. (a) Of the budgetary resources available
to the Office of Personnel Management during fiscal year
1995, $1,256,000 are permanently canceled.
(b) The Director of the Office of Personnel Manage-
ment shall allocate the amount of budgetary resources
canceled among the agency’s accounts available for pro-
curement and procurement-related expenses. Amounts
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available for procurement and procurement-related ex-
penses in each such account shall be reduced by the
amount allocated to such account.
(c) For the purposes of this section, the definition
of ‘‘procurement’’ includes all stages of the process of ac-
quiring property or services, beginning with the process
of determining a need for a product or services and ending
with contract completion and closeout, as specified in 41
U.S.C. 403(2).
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; $7,955,000.
UNITED STATES TAX COURT
SALARIES AND EXPENSES
For necessary expenses, including contract reporting
and other services as authorized by 5 U.S.C. 3109;
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$33,650,000: Provided, That travel expenses of the judges
shall be paid upon the written certificate of the judge.
This title may be cited as the ‘‘Independent Agencies
Appropriations Act, 1995’’.
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
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the payment of, the salary of any person engaged in the
procurement of any hand or measuring tool(s) not pro-
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 guard, elevator operator, messenger or custo-
dial services if any permanent veterans preference em-
ployee of the General Services Administration at said date,
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would be terminated as a result of the procurement of
such services, except that such funds may be obligated or
expended for the procurement by contract of the covered
services with sheltered workshops employing the severely
handicapped under Public Law 92–28. Only if such work-
shops decline to contract for the provision of the covered
services may the General Services Administration procure
the services by competitive contract, for a period not to
exceed 5 years. At such time as such competitive contract
expires or is terminated for any reason, the General Serv-
ices Administration shall again offer to contract for the
services from a sheltered workshop prior to offering such
services for competitive procurement.
SEC. 506. None of the funds made available by this
Act shall be available for any activity or for paying the
salary of any Government employee where funding an ac-
tivity or paying a salary to a Government employee would
result in a decision, determination, rule, regulation, or pol-
icy that would prohibit the enforcement of section 307 of
the Tariff Act of 1930.
SEC. 507. 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. 508. 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. 509. 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. 510. 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 1995.
SEC. 511. 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. 512. The Office of Personnel Management may,
during the fiscal year ending September 30, 1994, accept
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donations of supplies, services, land and equipment for the
Federal Executive Institute, the Federal Quality Institute,
and Management Development Centers to assist in en-
hancing the quality of Federal management.
SEC. 513. 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. 514. The United States Secret Service may,
during the fiscal year ending September 30, 1995, 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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SEC. 515. None of the funds made available by this
Act for ‘‘Allowances and Office Staff for Former Presi-
dents’’ may be used for partisan political activities.
SEC. 516. None of the funds made available by this
Act may be used to withdraw the designation of the Vir-
ginia Inland Port at Front Royal, Virginia, as a United
States Customs Service port of entry.
SEC. 517. Such sums as may be necessary for fiscal
year 1995 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
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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
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. (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.
(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.
SEC. 522. None of the funds made available in this
Act may be used to provide any non-public information
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such as mailing or telephone lists to any person or any
organization outside of the Federal Government without
the approval of the House and Senate Committees on Ap-
propriations.
SEC. 523. COMPLIANCE
WITH
BUY
AMERICAN
ACT.—No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sec-
tions 2 through 4 of the Act of March 3, 1993 (41 U.S.C.
10a–10c, popularly known as the ‘‘Buy American Act’’).
SEC. 524. SENSE OF CONGRESS; REQUIREMENT RE-
GARDING NOTICE.—(a) PURCHASE OF AMERICAN-MADE
EQUIPMENT AND PRODUCTS.—In the case of any equip-
ment or products that may be authorized to be purchased
with financial assistance provided under this Act, it is the
sense of the Congress that entities receiving such assist-
ance should, in expending the assistance, purchase only
American-made equipment and products.
(b) NOTICE
TO RECIPIENTS
OF ASSISTANCE.—In
providing financial assistance under this Act, the Sec-
retary of the Treasury shall provide to each recipient of
the assistance a notice describing the statement made in
subsection (a) by the Congress.
SEC. 525. PROHIBITION OF CONTRACTS.—If it has
been finally determined by a court or Federal agency that
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any person intentionally affixed a label bearing a ‘‘Made
in America’’ inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United
States that is not made in the United States, such person
shall be ineligible to receive any contract or subcontract
made with funds provided pursuant to this Act, pursuant
to the debarment, suspension, and ineligibility procedures
described in section 9.400 through 9.409 of title 48, Code
of Federal Regulations.
SEC. 526. No funds appropriated by this Act may be
used to relocate any Federal agency, bureau, office or
other entity funded in this Act if the sole reason for the
relocation is that locality pay was increased.
SEC. 527. Except as otherwise specifically provided
by law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 1995 from
appropriations made available for salaries and expenses
for fiscal year 1995 in this Act, shall remain available
through September 30, 1996 for each such account for
the purposes authorized: Provided, That notice of the
amounts available pursuant to this section shall be given
to the House and Senate Committees on Appropriations:
Provided further, That not to exceed 2 percent of the funds
so carried over may be used to pay cash awards to employ-
ees, as authorized by law, and not to exceed 3 percent
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of the funds so carried over may be used for employee
training programs.
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 1995 shall obligate
or expend any such funds, unless such department, agen-
cy, or instrumentality has in place, and will continue to
administer in good faith, a written policy designed to en-
sure that all of its workplaces are free from the illegal
use, possession, or distribution of controlled substances
(as defined in the Controlled Substances Act) by the offi-
cers and employees of such department, agency, or instru-
mentality.
SEC. 603. Notwithstanding 31 U.S.C. 1345, any
agency, department or instrumentality of the United
States which provides or proposes to provide child care
services for Federal employees may reimburse any Federal
employee or any person employed to provide such services
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for travel, transportation, and subsistence expenses in-
curred for training classes, conferences or other meetings
in connection with the provision of such services: Provided,
That any per diem allowance made pursuant to this sec-
tion shall not exceed the rate specified in regulations pre-
scribed pursuant to section 5707 of title 5, United States
Code.
SEC. 604. Unless otherwise specifically provided, the
maximum amount allowable during the current fiscal year
in accordance with section 16 of the Act of August 2, 1946
(60 Stat. 810), for the purchase of any passenger motor
vehicle (exclusive of buses, ambulances, law enforcement,
and undercover surveillance vehicles), is hereby fixed at
$8,100 except station wagons for which the maximum
shall be $9,100: Provided, That these limits may be ex-
ceeded by not to exceed $3,700 for police-type vehicles,
and by not to exceed $4,000 for special heavy-duty vehi-
cles: Provided further, That the limits set forth in this sec-
tion may not be exceeded by more than five percent for
electric or hybrid vehicles purchased for demonstration
under the provisions of the Electric and Hybrid Vehicle
Research, Development, and Demonstration Act of 1976:
Provided further, That the limits set forth in this section
may be exceeded by the incremental cost of clean alter-
native fuels vehicles acquired pursuant to Public Law
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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. 5922–24.
SEC. 606. Unless otherwise specified during the cur-
rent fiscal year no part of any appropriation contained in
this or any other Act shall be used to pay the compensa-
tion of any officer or employee of the Government of the
United States (including any agency the majority of the
stock of which is owned by the Government of the United
States) whose post of duty is in the continental United
States unless such person (1) is a citizen of the United
States, (2) is a person in the service of the United States
on the date of enactment of this Act who, being eligible
for citizenship, has filed a declaration of intention to be-
come a citizen of the United States prior to such date and
is actually residing in the United States, (3) is a person
who owes allegiance to the United States, (4) is an alien
from Cuba, Poland, South Vietnam, the countries of the
former Soviet Union, or the Baltic countries lawfully ad-
mitted to the United States for permanent residence, or
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(5) South Vietnamese, Cambodian, and Laotian refugees
paroled in the United States after January 1, 1975, or
(6) nationals of the People’s Republic of China that qual-
ify for adjustment of status pursuant to the Chinese Stu-
dent Protection Act of 1992: Provided, That for the pur-
pose of this section, an affidavit signed by any such person
shall be considered prima facie evidence that the require-
ments of this section with respect to his or her status have
been complied with: Provided further, That any person
making a false affidavit shall be guilty of a felony, and,
upon conviction, shall be fined no more than $4,000 or
imprisoned for not more than one year, or both: Provided
further, That the above penal clause shall be in addition
to, and not in substitution for, any other provisions of ex-
isting law: Provided further, That any payment made to
any officer or employee contrary to the provisions of this
section shall be recoverable in action by the Federal Gov-
ernment. This section shall not apply to citizens of Ire-
land, Israel, the Republic of the Philippines or to nationals
of those countries allied with the United States in the cur-
rent defense effort, or to international broadcasters em-
ployed by the United States Information Agency, or to
temporary employment of translators, or to temporary em-
ployment in the field service (not to exceed sixty days) as
a result of emergencies.
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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. In addition to funds provided in this or
any other Act, all Federal agencies are authorized to re-
ceive and use funds resulting from the sale of materials
recovered through recycling or waste prevention programs.
Such funds shall be available until expended for the follow-
ing purposes:
(1) Acquisition, waste reduction and prevention
and recycling programs as described in Executive
Order 12873 (October 20, 1993), including any such
programs adopted prior to the effective date of the
Executive Order.
(2) Other Federal agency environmental man-
agement programs, including but not limited to, the
development and implementation of hazardous waste
management and pollution prevention programs.
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(f) For the purpose of administering any provision
of law (including section 8431 of title 5, United States
Code, and any rule or regulation that provides premium
pay, retirement, life insurance, or any other employee ben-
efit) that requires any deduction or contribution, or that
imposes any requirement or limitation on the basis of a
rate of salary or basic pay, the rate of salary or basic pay
payable after the application of this section shall be treat-
ed as the rate of salary or basic pay.
(g) Nothing in this section shall be considered to per-
mit or require the payment to any employee covered by
this section at a rate in excess of the rate that would be
payable were this section not in effect.
(h) The Office of Personnel Management may provide
for exceptions to the limitations imposed by this section
if the Office determines that such exceptions are necessary
to ensure the recruitment or retention of qualified employ-
ees.
SEC. 618. 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-