be paid to any person for the filling of any position for
which he or she has been nominated after the Senate has
voted not to approve the nomination of said person.
SEC. 611. Any department or agency to which the
Administrator of General Services has delegated the au-
thority to operate, maintain or repair any building or facil-
ity pursuant to section 205(d) of the Federal Property and
Administrative Services Act of 1949, as amended, shall
retain that portion of the GSA rental payment available
for operation, maintenance or repair of the building or fa-
cility, as determined by the Administrator, and expend
such funds directly for the operation, maintenance or re-
pair of the building or facility. Any funds retained under
this section shall remain available until expended for such
purposes.
SEC. 612. Pursuant to section 1415 of the Act of
July 15, 1952 (66 Stat. 662), foreign credits (including
currencies) owed to or owned by the United States may
be used by Federal agencies for any purpose for which
appropriations are made for the current fiscal year (in-
cluding the carrying out of Acts requiring or authorizing
the use of such credits), only when reimbursement therefor
is made to the Treasury from applicable appropriations
of the agency concerned: Provided, That such credits re-
ceived as exchanged allowances or proceeds of sales of per-
sonal property may be used in whole or part payment for
acquisition of similar items, to the extent and in the man-
ner authorized by law, without reimbursement to the
Treasury.
SEC. 613. No part of any appropriation contained in
this or any other Act shall be available for interagency
financing of boards, commissions, councils, committees, or
similar groups (whether or not they are interagency enti-
ties) which do not have a prior and specific statutory ap-
proval to receive financial support from more than one
agency or instrumentality.
SEC. 614. Funds made available by this or any other
Act to the ‘‘Postal Service Fund’’ (39 U.S.C. 2003) shall
be available for employment of guards for all buildings and
areas owned or occupied by the Postal Service and under
the charge and control of the Postal Service, and such
guards shall have, with respect to such property, the pow-
ers of special policemen provided by the first section of
the Act of June 1, 1948, as amended (62 Stat. 281; 40
U.S.C. 318), and, as to property owned or occupied by
the Postal Service, the Postmaster General may take the
same actions as the Administrator of General Services
may take under the provisions of sections 2 and 3 of the
Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C.
318a, 318b), attaching thereto penal consequences under
the authority and within the limits provided in section 4
of the Act of June 1, 1948, as amended (62 Stat. 281;
40 U.S.C. 318c).
SEC. 615. None of the funds made available pursuant
to the provisions of this Act shall be used to implement,
administer, or enforce any regulation which has been dis-
approved pursuant to a resolution of disapproval duly
adopted in accordance with the applicable law of the Unit-
ed States.
SEC. 616. (a) Notwithstanding any other provision
of law, and except as otherwise provided in this section,
no part of any of the funds appropriated for the fiscal
year ending on September 30, 1996, by this or any other
Act, may be used to pay any prevailing rate employee de-
scribed in section 5342(a)(2)(A) of title 5, United States
Code—
(1) during the period from the date of expira-
tion of the limitation imposed by section 617 of the
Treasury, Postal Service and General Government
Appropriations Act, 1995, until the normal effective
date of the applicable wage survey adjustment that
is to take effect in fiscal year 1996, in an amount
that exceeds the rate payable for the applicable
grade and step of the applicable wage schedule in
accordance with such section 617; and
(2) during the period consisting of the remain-
der of fiscal year 1996, in an amount that exceeds,
as a result of a wage survey adjustment, the rate
payable under paragraph (1) by more than the sum
of—
(A) the percentage adjustment taking ef-
fect in fiscal year 1996 under section 5303 of
title 5, United States Code, in the rates of pay
under the General Schedule; and
(B) the difference between the overall aver-
age percentage of the locality-based comparabil-
ity payments taking effect in fiscal year 1996
under section 5304 of such title (whether by
adjustment or otherwise), and the overall aver-
age percentage of such payments which was ef-
fective in fiscal year 1995 under such section.
(b) Notwithstanding any other provision of law, no
prevailing rate employee described in subparagraph (B) or
(C) of section 5342(a)(2) of title 5, United States Code,
and no employee covered by section 5348 of such title,
may be paid during the periods for which subsection (a)
is in effect at a rate that exceeds the rates that would
be payable under subsection (a) were subsection (a) appli-
cable to such employee.
(c) For the purposes of this section, the rates payable
to an employee who is covered by this section and who
is paid from a schedule not in existence on September 30,
1995, shall be determined under regulations prescribed by
the Office of Personnel Management.
(d) Notwithstanding any other provision of law, rates
of premium pay for employees subject to this section may
not be changed from the rates in effect on September 30,
1995, except to the extent determined by the Office of
Personnel Management to be consistent with the purpose
of this section.
(e) This section shall apply with respect to pay for
service performed after September 30, 1995.
(f) For the purpose of administering any provision
of law (including section 8431 of title 5, United States
Code, and any rule or regulation that provides premium
pay, retirement, life insurance, or any other employee ben-
efit) that requires any deduction or contribution, or that
imposes any requirement or limitation on the basis of a
rate of salary or basic pay, the rate of salary or basic pay
payable after the application of this section shall be treat-
ed as the rate of salary or basic pay.
(g) Nothing in this section shall be considered to per-
mit or require the payment to any employee covered by
this section at a rate in excess of the rate that would be
payable were this section not in effect.
(h) The Office of Personnel Management may provide
for exceptions to the limitations imposed by this section
if the Office determines that such exceptions are necessary
to ensure the recruitment or retention of qualified employ-
ees.
SEC. 617. During the period in which the head of
any department or agency, or any other officer or civilian
employee of the Government appointed by the President
of the United States, holds office, no funds may be obli-
gated or expended in excess of $5,000 to furnish or re-
decorate the office of such department head, agency head,
officer or employee, or to purchase furniture or make im-
provements for any such office, unless advance notice of
such furnishing or redecoration is expressly approved by
the Committees on Appropriations of the House and Sen-
ate. For the purposes of this section, the word ‘‘office’’
shall include the entire suite of offices assigned to the indi-
vidual, as well as any other space used primarily by the
individual or the use of which is directly controlled by the
individual.
SEC. 618. Notwithstanding any other provision of
law, no executive branch agency shall purchase, construct,
and/or lease any additional facilities, except within or con-
tiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without
the advance approval of the House and Senate Committees
on Appropriations.
SEC. 619. (a) No amount of any grant made by a
Federal agency shall be used to finance the acquisition of
goods or services (including construction services) unless
the recipient of the grant agrees, as a condition for the
receipt of such grant, to—
(1) specify in any announcement of the award-
ing of the contract for the procurement of the goods
and services involved (including construction serv-
ices) the amount of Federal funds that will be used
to finance the acquisition; and
(2) express the amount announced pursuant to
paragraph (1) as a percentage of the total costs of
the planned acquisition.
(b) The requirements of subsection (a) shall not apply
to a procurement for goods or services (including construc-
tion services) that has an aggregate value of less than
$500,000.
SEC. 620. Notwithstanding section 1346 of title 31,
United States Code, funds made available for fiscal year
1996 by this or any other Act shall be available for the
interagency funding of national security and emergency
preparedness telecommunications initiatives which benefit
multiple Federal departments, agencies, or entities, as
provided by Executive Order Numbered 12472 (April 3,
1984).
SEC. 621. Notwithstanding any provisions of this or
any other Act, during the fiscal year ending September
30, 1996, and hereafter, any department, division, bureau,
or office may use funds appropriated by this or any other
Act to install telephone lines, and necessary equipment,
and to pay monthly charges, in any private residence or
private apartment of an employee who has been authorized
to work at home in accordance with guidelines issued by
the Office of Personnel Management: Provided, That the
head of the department, division, bureau, or office certifies
that adequate safeguards against private misuse exist, and
that the service is necessary for direct support of the agen-
cy’s mission.
SEC. 622. (a) None of the funds appropriated by this
or any other Act may be obligated or expended by any
Federal department, agency, or other instrumentality for
the salaries or expenses of any employee appointed to a
position of a confidential or policy-determining character
excepted from the competitive service pursuant to section
3302 of title 5, United States Code, without a certification
to the Office of Personnel Management from the head of
the Federal department, agency, or other instrumentality
employing the Schedule C appointee that the Schedule C
position was not created solely or primarily in order to
detail the employee to the White House.
(b) The provisions of this section shall not apply to
Federal employees or members of the armed services de-
tailed to or from—
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of De-
fense for the collection of specialized national foreign
intelligence through reconnaissance programs;
(5) the Bureau of Intelligence and Research of
the Department of State;
(6) any agency, office, or unit of the Army,
Navy, Air Force, and Marine Corps, the Federal Bu-
reau of Investigation and the Drug Enforcement Ad-
ministration of the Department of Justice, the De-
partment of Transportation, the Department of the
Treasury, and the Department of Energy perform-
ing intelligence functions; and
(7) the Director of Central Intelligence.
SEC. 623. No department, agency, or instrumentality
of the United States receiving appropriated funds under
this or any other Act for fiscal year 1996 shall obligate
or expend any such funds, unless such department, agency
or instrumentality has in place, and will continue to ad-
minister in good faith, a written policy designed to ensure
that all of its workplaces are free from discrimination and
sexual harassment and that all of its workplaces are not
in violation of title VII of the Civil Rights Act of 1964,
as amended, the Age Discrimination in Employment Act
of 1967, and the Rehabilitation Act of 1973.
SEC. 624. No part of any appropriation contained in
this Act may be used to pay for the expenses of travel
of employees, including employees of the Executive Office
of the President, not directly responsible for the discharge
of official governmental tasks and duties: Provided, That
this restriction shall not apply to the family of the Presi-
dent, Members of Congress or their spouses, Heads of
State of a foreign country or their designee(s), persons
providing assistance to the President for official purposes,
or other individuals so designated by the President.
SEC. 625. Notwithstanding any provision of law, the
President, or his designee, must certify to Congress, annu-
ally, that no person or persons with direct or indirect re-
sponsibility for administering the Executive Office of the
President’s Drug-Free Workplace Plan are themselves
subject to a program of individual random drug testing.
SEC. 626. (a) Beginning in fiscal year 1996 and
thereafter, for each Federal agency, except the Depart-
ment of Defense (which has separate authority), an
amount equal to 50 percent of—
(1) the amount of each utility rebate received
by the agency for energy efficiency and water con-
servation measures, which the agency has imple-
mented; and
(2) the amount of the agency’s share of the
measured energy savings resulting from energy-sav-
ings performance contracts
may be retained and credited to accounts that fund energy
and water conservation activities at the agency’s facilities,
and shall remain available until expended for additional
specific energy efficiency or water conservation projects or
activities, including improvements and retrofits, facility
surveys, additional or improved utility metering, and em-
ployee training and awareness programs, as authorized by
section 152(f) of the Energy Policy Act (Public Law 102–
486).
(b) The remaining 50 percent of each rebate, and the
remaining 50 percent of the amount of the agency’s share
of savings from energy-savings performance contracts,
shall be transferred to the General Fund of the Treasury
at the end of the fiscal year in which received.
SEC. 627. Notwithstanding any other provision of
law, there is hereby established a Commission which shall
be known as the ‘‘Commission on Federal Mandates’’
(hereafter referred to as the ‘‘Commission’’): Provided,
That the Commission shall be composed of nine Members
appointed from individuals who possess extensive leader-
ship experience in and knowledge of State, local, and tribal
governments and intergovernmental relations, including
State and local elected officials, as follows: (1) three Mem-
bers appointed by the Speaker of the House of Represent-
atives, in consultation with the minority leader of the
House of Representatives; (2) three Members appointed
by the majority leader of the Senate, in consultation with
the minority leader of the Senate: and (3) three Members
appointed by the President: Provided further, That ap-
pointments may be made under this section without re-
gard to section 5311(b) of title 5, United States Code:
Provided further, That in general, each member of the
Commission shall be appointed for the life of the Commis-
sion and a vacancy in the Commission shall be filled in
the manner in which the original appointment was made:
Provided further, That (1) Members of the Commission
shall serve without pay; (2) Members of the Commission
who are full-time officers or employees of the United
States may not receive additional pay, allowances or bene-
fits by reason of their service on the Commission; and (3)
Each Member of the Commission may receive travel ex-
penses, including per diem in lieu of subsistence, in ac-
cordance with sections 5702 and 5703 of title 5, United
States Code: Provided further, That the Commission shall
convene its first meeting by not later than 15 days after
the date of the completion of appointment of the Members
of the Commission: Provided further, That the Commission
shall report on Federal mandates as specified in sections
302 (a), (c), (d), (e), and (f) of Public Law 104–4: Pro-
vided further, That the Commission shall have all authori-
ties specified under section 303 of Public Law 104–4: Pro-
vided further, That the term ‘‘Federal mandate’’ shall have
the same meaning as specified in section 305 of Public
Law 104–4, notwithstanding sections 3 and 4 of that law:
Provided further, That the Commission shall terminate 90
days after making the final report identified above.
SEC. 628. The amounts otherwise provided in this
Act under the heading ‘‘General Services Administra-
tion—Federal 
Buildings 
Fund—Limitations 
on
Availablity of Revenue’’ for the following purposes are
each reduced by $65,764,000:
(1) Aggregate amount available from the Fund.
(2) Total amount available from the Fund for
construction of additional projects.
(3) Amount available for new construction,
Maryland, Montgomery and Prince George’s Coun-
ties, Food and Drug Administration, Phase II.
(4) Amount in excess of which revenues and
collections accruing to the Fund shall remain in the
Fund.
SEC. 629. None of the funds made available in this
Act may be obligated or expended for any employee train-
ing when it is made known to the Federal official having
authority to obligate or expend such funds that such em-
ployee training—
(1) does not meet identified needs for knowl-
edge, skills, and abilities bearing directly upon the
performance of official duties;
(2) contains elements likely to induce high lev-
els of emotional response or psychological stress in
some participants;
(3) does not require prior employee notification
of the content and methods to be used in the train-
ing and written end of course evaluations;
(4) contains any methods or content associated
with religious or quasi-religious belief systems or
‘‘new age’’ belief systems as defined in Equal Em-
ployment 
Opportunity 
Commission 
Notice 
N–
915.022, dated September 2, 1988;
(5) is offensive to, or designed to change, par-
ticipants’ personal values or lifestyle outside the
workplace; or
(6) 
includes 
content 
related 
to 
human
immunodeficiency virus/acquired immune deficiency
syndrome (HIV/AIDS) other than that necessary to
make employees more aware of the medical ramifica-
tions of HIV/AIDS and the workplace rights of
HIV-positive employees.
SEC. 630. No amount made available in this Act may
be used for the salaries or expenses of any employee, in-
cluding any employee of the Executive Office of the Presi-
dent, in connection with the obligation or expenditure of
funds in the exchange stabilization fund when it is made
known to the Federal official to whom such amounts are
made available in this Act that such obligation or expendi-
ture is for the purpose of bolstering any foreign currency.
This Act may be cited as the ‘‘Treasury, Postal Serv-
ice, and General Government Appropriations Act, 1996’’.
Passed the House of Representatives July 19, 1995.
Attest:
ROBIN H. CARLE,
Clerk.
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