H. R. 2020—31
the date of enactment of this Act who, being eligible for citizenship,
has filed a declaration of intention to become 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
admitted to the United States for permanent residence, (5) South
Vietnamese, Cambodian, and Laotian refugees paroled in the United
States after January 1, 1975, or (6) nationals of the People’s Repub-
lic of China that qualify for adjustment of status pursuant to
the Chinese Student Protection Act of 1992: 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 contrary 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 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 United States Information Agency, or to temporary
employment of translators, or to temporary employment in the
field service (not to exceed sixty days) as a result of emergencies.
SEC. 607. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for pay-
ment to the General Services Administration for charges for space
and services and those expenses of renovation and alteration of
buildings and facilities which constitute public improvements per-
formed 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 receive 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 following 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 management pro-
grams, including but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
SEC. 609. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corpora-
tions 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;
H. R. 2020—32
services in accordance with 5 U.S.C. 3109; and the objects specified
under this head, all the provisions of which shall be applicable
to the expenditure of such funds unless otherwise specified in
the Act by which they are made available: Provided, That in the
event any functions budgeted as administrative expenses are subse-
quently transferred to or paid from other funds, the limitations
on administrative expenses shall be correspondingly reduced.
SEC. 610. No part of any appropriation for the current fiscal
year contained in this or any other Act shall be paid to any person
for the filling of any position for which he or she has been nominated
after the Senate has voted not to approve the nomination of said
person.
SEC. 611. Any department or agency to which the Administrator
of General Services has delegated the authority to operate, maintain
or repair any building or facility 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
facility, as determined by the Administrator, and expend such funds
directly for the operation, maintenance or repair 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 (including the carrying out of Acts requiring or authoriz-
ing 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 received as
exchanged allowances or proceeds of sales of personal 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.
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 entities) which do not have a prior and
specific statutory approval 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 powers 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 provi-
sions 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 con-
sequences 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
H. R. 2020—33
enforce any regulation which has been disapproved pursuant to
a resolution of disapproval duly adopted in accordance with the
applicable law of the United 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 described in section 5342(a)(2)(A) of title 5, United
States Code—
(1) during the period from the date of expiration of the
limitation imposed by section 617 of the Treasury, Postal Serv-
ice and General Government Appropriations Act, 1995, until
the normal effective date of the applicable wage survey adjust-
ment 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 remainder 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 effect 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 average percent-
age of the locality-based comparability 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 effective 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) applicable 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 deter-
mined under regulations prescribed by the Office of Personnel
Management.
(d) Notwithstanding any other provision of law, rates of pre-
mium 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 insur-
ance, or any other employee benefit) 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
H. R. 2020—34
basic pay payable after the application of this section shall be
treated as the rate of salary or basic pay.
(g) Nothing in this section shall be considered to permit 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 excep-
tions to the limitations imposed by this section if the Office deter-
mines that such exceptions are necessary to ensure the recruitment
or retention of qualified employees.
SEC. 617. During the period in which the head of any depart-
ment 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 obligated or expended in excess of $5,000
to furnish or redecorate the office of such department head, agency
head, officer or employee, or to purchase furniture or make improve-
ments for any such office, unless advance notice of such furnishing
or redecoration is expressly approved by the Committees on Appro-
priations of the House and Senate. For the purposes of this section,
the word ‘‘office’’ shall include the entire suite of offices assigned
to the individual, 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 execu-
tive branch agency shall purchase, construct, and/or lease any addi-
tional facilities, except within or contiguous 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. Notwithstanding section 1346 of title 31, United
States Code, or Sec. 613 of this Act, 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. 620. Notwithstanding any provisions of this or any other
Act, during the fiscal year ending September 30, 1996, and here-
after, 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 agency’s mission.
SEC. 621. (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 pursu-
ant to section 3302 of title 5, United States Code, without a certifi-
cation 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