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In the Senate of the United States,
June 22 (legislative day, June 7), 1994.
Resolved, That the bill from the House of Representa-
tives (H.R. 4539) entitled ‘‘An Act making appropriations for
the Treasury Department, the United States Postal Service,
the Executive Office of the President, and certain Independ-
ent Agencies, for the fiscal year ending September 30, 1995,
and for other purposes’’, do pass with the following
AMENDMENTS:
Ω1æPage 2, line 10, strike out all after ‘‘business;’’ down
to and including ‘‘requirements;’’ in line 16 and insert:
of which not less than $6,443,000 and 92 full-time equiva-
lent positions shall be available for enforcement activities,
and of which not less than $3,040,000 shall be available
for the Office of Foreign Assets Control; not to exceed
$150,000 for official reception and representation expenses;
Ω2æPage 2, strike out all after line 22 down to and in-
cluding ‘‘celed’’ in line 25 and insert: $104,400,000
Ω3æPage 3, line 10, strike out ø$28,897,000¿ and insert:
$30,497,000
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Ω4æPage 3, line 16, strike out all after ‘‘expenses;’’ down
to and including ‘‘canceled’’ in line 18 and insert:
$20,690,000
Ω5æPage 4, line 14, strike out ø$9,000¿ and insert:
$7,000
Ω6æPage 5, line 7, after ‘‘Director’’ insert: on a space
available basis with reimbursement of actual costs to this
appropriation
Ω7æPage 5, line 23, strike out øshort term¿ and insert:
first-aid and emergency
Ω8æPage 5, line 24, strike out ø$46,713,000¿ and insert:
$47,114,000
Ω9æPage 6, line 8, strike out ø$9,815,000¿ and insert:
$16,815,000
Ω10æPage 6, line 13, strike out ø$185,389,000¿ and in-
sert: $183,697,000
Ω11æPage 6, line 19, strike out all after ‘‘101–380’’
down to and including ‘‘canceled’’ in line 21
Ω12æPage 7, line 15, strike out ø$376,181,000¿ and in-
sert: 385,315,000, of which no less than $134,847,000 and
1,140 full-time equivalent positions shall be available for
enforcing the Armed Career Criminal Act
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Ω18æPage 10, line 10, after ‘‘1997’’ insert: : Provided,
That no aircraft or other related equipment, with the excep-
tion of aircraft which is one of a kind and has been identi-
fied as excess to Customs requirements, and aircraft which
has been damaged beyond repair, shall be transferred to any
other Federal agency, Department, or office outside of the
Department of the Treasury, during fiscal year 1995, with-
out the prior approval of the House and Senate Committees
on Appropriations
Ω19æPage 10, after line 10, insert:
CUSTOMS 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, $1,000,000, to remain
available until expended.
Ω20æPage 11, line 4, strike out ø$54,770,000¿ and in-
sert: $55,740,000
Ω21æPage 12, line 22, strike out ø$225,632,000¿ and
insert: $163,431,000
Ω22æPage 13, line 8, strike out ø$1,616,295,000, of
which $3,500,000¿ and insert: $1,586,028,000, of which
$3,700,000
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Ω23æPage 14, line 4, strike out ø$4,412,580,000¿ and
insert: $4,358,180,000
Ω24æPage 14, line 6, after ‘‘1997’’ insert: for research:
Provided further, That $405,000,000 of the $426,300,000
made available for the fiscal year 1995 tax compliance ini-
tiative shall not be expended for any other purposes: Pro-
vided further, That no funds shall be transferred from this
account during fiscal year 1995: Provided further, That no
less than $442,148,000 and 5,002 full-time equivalent posi-
tions shall be available for tax fraud investigations
Ω25æPage 14, line 16, strike out ø$1,240,357,000 of
which $185,000,000¿ and insert: $1,388,000,000 of which
no less than $700,000,000 shall be available for tax systems
modernization, of which up to $185,000,000 for tax and in-
formation systems development projects
Ω26æPage 14, line 22, after ‘‘Modernization’’ insert: :
Provided further, That in the event that fee increases are
charged and collected as a result of amendments enacted
after December 8, 1993 to section 13031 of the Comprehen-
sive Omnibus Budget Reconciliation Act of 1985, the
amount appropriated shall be $1,523,000,000
Ω27æPage 15, line 3, after ‘‘the’’ the first time it appears
insert: advance
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Ω28æPage 15, line 4 after ‘‘Appropriations’’ insert: : Pro-
vided, That no funds shall be transferred from the ‘‘Tax
law enforcement’’ account during fiscal year 1995
Ω29æPage 15, after line 9 insert:
SEC. 3. The Secretary of the Treasury may establish
new fees or raise existing fees for services provided by the
Internal Revenue Service to increase receipts, where such
fees are authorized by another law. The Secretary of the
Treasury may spend the new or increased fee receipts to
supplement appropriations made available to the Internal
Revenue Service appropriations accounts in fiscal years
1995 and thereafter: Provided, That the Secretary shall pro-
vide quarterly reports to the Congress on the collection of
such fees and how they are being expended by the Service.
Ω30æPage 16, line 20, strike out all after ‘‘year;’’ down
to and including ‘‘canceled’’ in line 22 and insert:
$474,988,000
Ω31æPage 20, after line 14, insert:
SEC. 110. (a) The Secretary of the Treasury shall im-
plement 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.
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(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.
Ω32æPage 20, after line 14, insert:
SEC. 111. Notwithstanding any other provision of law,
Customs personnel funded through reimbursement from the
Puerto Rico Trust Fund shall not be reduced as the result
of workforce reductions required under Executive Order or
other guidance to Executive branch agencies in fiscal year
1995 and hereafter.
Ω33æPage 20, after line 14, insert:
SEC. 112. Subsection (a) of section 9703 of title 31,
United States Code, is amended—
(a) by redesignating subparagraphs (G) and (J)
of paragraph (2) as (I) and (J) of paragraph (1), re-
spectively; and
(b) by redesignating in paragraph (2) subpara-
graphs (H) and (I) as subparagraphs (G) and (H),
respectively.
Ω34æPage 20, after line 14, insert:
SEC. 113. (a) The Director of the United States Secret
Service shall direct and apply appropriate agency person-
nel and resources for the purpose of conducting a security
survey of the Bureau of Engraving and Printing.
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(b) Such security survey shall include a review of all
general security provisions, including:
(1) The security and safeguarding of currency.
(2) Personnel screening and employee back-
ground check procedures.
(3) Access control and identification procedures.
(4) The security and safeguarding of currency
materials, supplies and related items.
(5) Other security areas of concern as deemed
relative and appropriate by the agency.
(c) The Bureau of Engraving and Printing and the
Federal agencies which participated in any investigations
or arrest of person(s) for theft of currency from the Bureau
of Engraving and Printing are directed to—
(1) provide any assistance and cooperation to
the United States Secret Service for the purpose of the
security survey; and
(2) provide Secret Service personnel, in accord-
ance with all laws, with access to person(s) arrested
in connection with theft or removal of currency from
the Bureau of Engraving and Printing; and
(3) provide access to all relevant investigative re-
ports and materials: Provided, That access to such
persons is approved by the appropriate United States
Attorney.
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(d) The Director of the United States Secret Service
shall provide a preliminary report to the Congress no later
than 30 days from the date of enactment of this Act, and
a final report containing specific findings and rec-
ommendations to the Congress within 90 days of enactment
of this Act.
Ω35æPage 20, after line 14, insert:
SEC. 114. CUSTOMS SERVICE INSPECTORS AND CANINE EN-
FORCEMENT OFFICERS AS LAW ENFORCE-
MENT OFFICERS FOR FEDERAL RETIREMENT
SYSTEMS.
(a) SHORT TITLE.—This section may be cited as the
‘‘Customs Service Inspectors and Customs Canine Enforce-
ment Officers Retirement Act of 1994’’.
(b) CIVIL SERVICE RETIREMENT SYSTEM.—
(1) DEFINITIONS.—Section 8331 of title 5, Unit-
ed States Code, is amended—
(A) by striking out ‘‘and’’ at the end of
paragraph (25);
(B) by striking out the period at the end of
paragraph (26) and inserting in lieu thereof a
semicolon; and
(C) by adding at the end thereof the follow-
ing new paragraphs:
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‘‘(27) ‘customs inspector’ means an employee of
the United States Customs Service—
‘‘(A) who—
‘‘(i) elects to make contributions and be
covered in accordance with section 4 of the
Customs Service Inspectors and Customs
Canine Enforcement Officers Retirement
Act of 1994; or
‘‘(ii) is hired after the effective date of
such Act; and
‘‘(B) the duties of whose position are pri-
marily to—
‘‘(i) enforce laws and regulations gov-
erning the importing and exporting of mer-
chandise;
‘‘(ii) process and control passengers
and baggage;
‘‘(iii) interdict smuggled merchandise
and contraband; and
‘‘(iv) apprehend (if warranted) persons
involved in violations of customs laws,
including an employee engaged in this activity who
is transferred to a supervisory or administrative posi-
tion; and
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‘‘(28) ‘customs canine enforcement officer’ means
an employee of the United States Customs Service—
‘‘(A) who—
‘‘(i) elects to make contributions and be
covered in accordance with section 4 of the
Customs Service Inspectors and Customs
Canine Enforcement Officers Retirement
Act of 1994; or
‘‘(ii) is hired after the effective date of
such Act; and
‘‘(B) the duties of whose position are pri-
marily to work directly with a dog in an effort
to—
‘‘(i) enforce laws and regulations gov-
erning the importing and exporting of mer-
chandise;
‘‘(ii) process and control passengers
and baggage;
‘‘(iii) interdict smuggled merchandise
and contraband; and
‘‘(iv) apprehend (if warranted) persons
involved in violations of customs laws,
including an employee engaged in this activity who
is transferred to a supervisory or administrative posi-
tion.’’.
HR 4539 EAS1S
(2) DEDUCTIONS, CONTRIBUTIONS, AND DEPOS-
ITS.—Section 8334 of title 5, United States Code, is
amended—
(A) in subsection (a)(1), by striking out ‘‘a
law enforcement officer,’’ and inserting in lieu
thereof ‘‘a law enforcement officer, a customs in-
spector, a customs canine enforcement officer,’’;
and
(B) in the table in subsection (c), by strik-
ing out ‘‘and firefighter for firefighter service.’’
and inserting in lieu thereof ‘‘, firefighter for
firefighter service, customs inspector for customs
inspector service, and customs canine enforce-
ment officer for customs canine enforcement offi-
cer service’’.
(3) MANDATORY SEPARATION.—Section 8335(b)
of title 5, United States Code, is amended in the sec-
ond sentence by striking out ‘‘law enforcement officer’’
and inserting in lieu thereof ‘‘law enforcement officer,
a customs inspector, or a customs canine enforcement
officer’’.
(4) 
IMMEDIATE
RETIREMENT.—Section
8336(c)(1) of such title is amended by striking out
‘‘law enforcement officer or firefighter,’’ and inserting
HR 4539 EAS1S
‘‘law enforcement officer, a firefighter, a customs in-
spector, or a customs canine enforcement officer,’’.
(c) FEDERAL EMPLOYEES RETIREMENT SYSTEM.—
(1) DEFINITIONS.—Section 8401 of title 5, Unit-
ed States Code, is amended—
(A) by striking out ‘‘and’’ at the end of
paragraph (31);
(B) by striking out the period at the end of
paragraph (32) and inserting in lieu thereof a
semicolon; and
(C) by adding at the end thereof the follow-
ing new paragraphs:
‘‘(33) ‘customs inspector’ means an employee of
the United States Customs Service—
‘‘(A) who—
‘‘(i) elects to make contributions and be
covered in accordance with section 4 of the
Customs Service Inspectors and Customs
Canine Enforcement Officers Retirement
Act of 1994; or
‘‘(ii) is hired after the effective date of
such Act; and
‘‘(B) the duties of whose position are pri-
marily to—
HR 4539 EAS1S
‘‘(i) enforce laws and regulations gov-
erning the importing and exporting of mer-
chandise;
‘‘(ii) process and control passengers
and baggage;
‘‘(iii) interdict smuggled merchandise
and contraband; and
‘‘(iv) apprehend (if warranted) persons
involved in violations of customs laws,
including an employee engaged in this activity who
is transferred to a supervisory or administrative posi-
tion; and
‘‘(34) ‘customs canine enforcement officer’ means
an employee of the United States Customs Service—
‘‘(A) who—
‘‘(i) elects to make contributions and be
covered in accordance with section 4 of the
Customs Service Inspectors and Customs
Canine Enforcement Officers Retirement
Act of 1994; or
‘‘(ii) is hired after the effective date of
such Act; and
‘‘(B) the duties of whose position are pri-
marily to work directly with a dog in an effort
to—
HR 4539 EAS1S
‘‘(i) enforce laws and regulations gov-
erning the importing and exporting of mer-
chandise;
‘‘(ii) process and control passengers
and baggage;
‘‘(iii) interdict smuggled merchandise
and contraband; and
‘‘(iv) apprehend (if warranted) persons
involved in violations of customs laws,
including an employee engaged in this activity who
is transferred to a supervisory or administrative posi-
tion.’’.
(2) IMMEDIATE RETIREMENT.—Section 8412(d)
of title 5, United States Code, is amended—
(A) in paragraph (1) by striking out ‘‘or
firefighter,’’ and inserting in lieu thereof ‘‘fire-
fighter, customs inspector, or customs canine en-
forcement officer,’’; and
(B) in paragraph (2) by striking out ‘‘or
firefighter,’’ and inserting in lieu thereof ‘‘fire-
fighter, customs inspector, or customs canine en-
forcement officer,’’.
(3) COMPUTATION OF BASIC ANNUITY.—Section
8415(g)(2) of title 5, United States Code, is amended
in the sentence following subparagraph (B) by insert-
HR 4539 EAS1S
ing ‘‘customs inspector, customs canine enforcement
officer,’’ after ‘‘firefighter,’’.
(4) DEDUCTIONS.—Section 8422(a)(2) of title 5,
United States Code, is amended—
(A) in subparagraph (A) by inserting ‘‘customs
inspector, customs canine enforcement officer,’’ after
‘‘air traffic controller,’’; and
(B) in subparagraph (B) by inserting ‘‘cus-
toms inspector, customs canine enforcement offi-
cer,’’ after ‘‘air traffic controller,’’.
(5) 
GOVERNMENT
CONTRIBUTIONS.—Section
8423(a) of title 5, United States Code, is amended—
(A) in paragraph (1)(B)(i) by inserting
‘‘customs inspectors, customs canine enforcement
officers,’’ after ‘‘law enforcement officers,’’; and
(B) in paragraph (3)(A) by inserting ‘‘cus-
toms inspectors, customs canine enforcement offi-
cers,’’ after ‘‘law enforcement officers,’’.
(6) MANDATORY SEPARATION.—Section 8425(b)
of title 5, United States Code, is amended in the sec-
ond sentence by inserting ‘‘, customs inspector, or cus-
toms canine enforcement officer’’ after ‘‘law enforce-
ment officer’’.
(e) INCLUSION OF OVERTIME PAY AS BASE PAY FOR
CUSTOMS INSPECTORS AND CUSTOMS CANINE ENFORCE-
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MENT OFFICERS.—Section 8331(3) of title 5, United States
Code, is amended—
(1) in subparagraph (D) by striking out ‘‘and’’
after the semicolon;
(2) in subparagraph (E) by adding ‘‘and’’ after
the semicolon;
(3) by inserting after subparagraph (E) the fol-
lowing new subparagraph:
‘‘(F) with respect to a customs inspector or
customs canine enforcement officer as defined
under paragraphs (27) and (28), compensation
for overtime under section 5542(a), but not to ex-
ceed 50 percent of any statutory maximum in
overtime pay for customs inspectors or customs
canine enforcement officers which is in effect for
the year involved;’’; and
(4) in the matter following subparagraph (F) (as
added by paragraph (3) of this section) by striking
out ‘‘and (E)’’ and inserting in lieu thereof ‘‘(E), and
(F)’’.
(f) AGENCY CONTRIBUTIONS FOR CUSTOMS INSPEC-
TORS AND CUSTOMS CANINE ENFORCEMENT OFFICERS.—
Section 13031(f)(3)(A)(i) of the Consolidated Omnibus
Budget 
Reconciliation 
Act 
of 
1985 
(19 
U.S.C.
58c(f)(3)(A)(i) is amended—
HR 4539 EAS1S
(1) by redesignating subclauses (IV) and (V) as
subclauses (V) and (VI), respectively; and
(2) by inserting after subclause (III) the follow-
ing new subclause:
‘‘(IV) paying agency contributions
to the Civil Service Retirement and
Disability Fund to match contribu-
tions for customs inspectors and cus-
toms canine enforcement officers as de-
fined under section 8331 (27) and
(28), respectively, in accordance with
the Customs Inspectors and Customs
Canine Enforcement Officers Retire-
ment Act of 1994;’’.
(g) OVERTIME AND PREMIUM PAY FOR CUSTOMS IN-
SPECTORS
AND CUSTOMS CANINE ENFORCEMENT OFFI-
CERS.—
(1) OVERTIME PAY.—Section 5542(a)(4) of title
5, United States Code, is amended by inserting after
‘‘law enforcement officer’’ the following: ‘‘as defined
under section 8331(20) or 8401(17), a customs inspec-
tor as defined under section 8331(27), and a customs
canine enforcement officer as defined under section
8331(28)’’.
HR 4539 EAS1S
(2) LIMITATION
ON
PREMIUM
PAY.—Section
5547(c) of title 5, United States Code, is amended—
(A) in paragraph (1) by inserting ‘‘a cus-
toms inspector as defined under section 8331(27)
and customs canine enforcement officer as de-
fined under section 8331(28)’’ after ‘‘law enforce-
ment officer’’; and
(B) in paragraph (2) by inserting ‘‘a cus-
toms inspector as defined under section 8331(27)
and customs canine enforcement officer as de-
fined under section 8331(28)’’ after ‘‘law enforce-
ment officer’’.
(h) ADMINISTRATIVE PROVISIONS.—
(1) EMPLOYEE
COVERAGE.—No later than 90
days after the effective date of this section, each cus-
toms inspector or customs canine enforcement officer
shall make an irrevocable election to be covered under
chapter 83 or 84 (as the case may be) as amended by
this section.
(2) EMPLOYEE
CONTRIBUTIONS.—Any individ-
ual who has served as a customs inspector or customs
canine enforcement officer before the effective date of
this section, shall have such service credited and an-
nuities determined in accordance with the amend-
ments made by this section, if such individual makes
HR 4539 EAS1S
payment into the Civil Service Retirement and Dis-
ability Fund of an amount, determined by the Office
of Personnel Management, which would have been de-
ducted and withheld from the basic pay of such indi-
vidual (including interest thereon) under chapters 83
and 84 of title 5, United States Code, as if such
amendments had been in effect during the periods of
such service.
(3) AGENCY CONTRIBUTIONS.—No later than 90
days after a payment made by an individual under
paragraph (1), the Department of the Treasury shall
make a payment into the Civil Service Retirement
and Disability Fund of an amount, determined by the
Office of Personnel Management, which would have
been contributed as a Government contribution (in-
cluding interest thereon) under chapters 83 and 84 of
title 5, United States Code, for the service credited
and annuities determined for such individual, as if
the amendments made by this section had been in ef-
fect during the applicable periods of service.
(4) REGULATIONS.—The Office of Personnel
Management shall determine the amount of interest to
be paid under this section and may promulgate regu-
lations to carry out the provisions of this section.
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(i) RULE OF CONSTRUCTION.—No provision of this
section or amendment made by this section shall be con-
strued to provide for treatment of customs inspectors or ca-
nine enforcement officers of the United States Customs
Service as law enforcement officers for any purpose other
than as specifically provided in such provision or amend-
ment.
(j) EFFECTIVE DATE.—The provisions of this section
and amendments made by this section shall take effect on
the date occurring 90 days after the date of enactment of
this Act.
Ω36æPage 20, line 23, strike out ø$85,717,000¿ and in-
sert: $102,317,000
Ω37æPage 23, line 2, strike out ø$38,754,000¿ and in-
sert: $40,193,000
Ω38æPage 24, line 5, strike out ø$3,270,000¿ and insert:
$3,280,000
Ω39æPage 24, line 10, strike out all after ‘‘1021),’’ down
to and including ‘‘$3,420,000’’ and insert: $3,439,000
Ω40æPage 24, line 21, strike out ø$6,648,000¿ and in-
sert: $8,222,000
Ω41æPage 24, line 25, strike out ø$24,850,000¿ and in-
sert: $26,217,000
HR 4539 EAS1S
Ω42æPage 25, line 16, strike out ø$56,272,000¿ and in-
sert: $55,081,000
Ω43æPage 27, line 16, strike out ø$43,000,000¿ and in-
sert: $55,000,000
Ω44æPage 27, line 18, after ‘‘tor’’ insert: : Provided, That
an additional $12,000,000 shall be made available for drug
control activities in Puerto Rico and the U.S. Virgin Is-
lands only if the Director of the Office of National Drug
Control Policy designates such area as a High Intensity
Drug Trafficking Area: Provided further, That the funds
made available under this head shall be obligated within
90 days of the date of enactment of this Act
Ω45æPage 27, strike out all after line 21 down to and
including ‘‘$8,000,000’’ in line 25 and insert: $52,500,000,
which shall be derived from deposits in the Special Forfeit-
ure Fund; of which $20,000,000 shall be retained by the
Director of the Office of National Drug Control Policy for
enhancing U.S. Customs Service air and marine interdic-
tion activities should air and marine smuggling activity
increase; of which $25,000,000 shall be transferred to the
Substance Abuse and Mental Health Services Administra-
tion, and of which $13,000,000 shall be available for drug
treatment block grants to the States, and of which
$10,000,000 shall be available to the Center for Substance
HR 4539 EAS1S
Abuse Treatment for the residential women and children’s
program, and of which $2,000,000 shall be available to the
Center for Substance Abuse Treatment for a comprehensive
outpatient program; of which $7,500,000
Ω46æPage 28, after line 7, insert:
ADMINISTRATIVE 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.
Ω47æPage 28, after line 7, insert:
ADVISORY 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.
Ω48æPage 28, line 19, strike out ø$23,564,000¿ and in-
sert: $27,106,000
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Ω49æPage 29, line 5, strike out ø$21,341,000¿ and in-
sert: $21,540,000
Ω50æPage 29, line 22, strike out ø$361,615,520¿ and
insert: $500,000,000
Ω51æPage 30, line 22, strike out ø$4,973,825,520¿ and
insert: $5,057,841,000
Ω52æPage 30, line 22, strike out ø$502,709,520¿ and
insert: $721,129,000
Ω53æPage 31, strike out all after line 3 over to and in-
cluding line 4 on page 33 and insert:
Alabama:
Montgomery, 
U.S. 
Courthouse 
Annex,
$40,547,000
Arizona:
Tucson, Federal Building and U.S. Courthouse,
$98,625,000: Provided, That construction funds shall
only be obligated upon the approval of the House
Committee on Public Works and Transportation and
the Senate Committee on Environment and Public
Works
California:
Santa Ana, Federal Building and U.S. Court-
house, $25,193,000
Colorado:
HR 4539 EAS1S
Lakewood, Denver Federal Center, U.S. Geologi-
cal Survey Lab Building, $25,802,000
Florida:
Jacksonville, U.S. Courthouse, $4,666,000: Pro-
vided, That such funds shall only be obligated upon
the approval of the House Committee on Public Works
and Transportation and the Senate Committee on
Environment and Public Works
Orlando, U.S. Courthouse Annex, $7,724,000
Georgia:
Savannah, U.S. Courthouse Annex, $5,597,000
Hawaii:
Consolidation, 
University 
of 
Hawaii-Hilo,
$12,000,000: Provided, That such funds shall only be
obligated upon the approval of the House Committee
on Public Works and Transportation and the Senate
Committee on Environment and Public Works
Kentucky:
Covington, U.S. Courthouse, $3,108,000: Pro-
vided, That such funds shall only be obligated upon
the approval of the House Committee on Public Works
and Transportation and the Senate Committee on
Environment and Public Works
London, U.S. Courthouse, $1,620,000: Provided,
That such funds shall only be obligated upon the ap-
HR 4539 EAS1S
proval of the House Committee on Public Works and
Transportation and the Senate Committee on Envi-
ronment and Public Works
Louisiana:
Lafayette, U.S. Courthouse, $5,363,000
Maryland:
Beltsville, U.S. Secret Service, training adminis-
tration building, $2,400,000: Provided, That such
funds shall only be obligated upon the approval of the
House Committee on Public Works and Transpor-
tation and the Senate Committee on Environment
and Public Works
Montgomery and Prince Georges Counties, Food
and Drug Administration consolidation, $50,000,000
Missouri:
Kansas City, Federal Building and U.S. Court-
house, $84,895,000
St. Louis, Federal Building and U.S. Court-
house, $176,863,000
Montana:
Babb, New Piegan Border Station, $333,000
New Mexico:
Albuquerque, U.S. Courthouse, $49,300,000: Pro-
vided, That such funds shall only be obligated upon
the approval of the House Committee on Public Works
HR 4539 EAS1S
and Transportation and the Senate Committee on
Environment and Public Works
New York:
Long Island, U.S. Courthouse, $30,000,000: Pro-
vided, That such funds shall only be obligated upon
the approval of the House Committee on Public Works
and Transportation and the Senate Committee on
Environment and Public Works
Nevada:
Las Vegas, U.S. Courthouse, $4,500,000: Pro-
vided, That such funds shall only be obligated upon
the approval of the House Committee on Public Works
and Transportation and the Senate Committee on
Environment and Public Works
North Dakota:
Pembina, Border Station, $11,113,000
Ohio:
Cleveland, U.S. Courthouse, $30,048,000
Pennsylvania:
Erie, Federal Complex, $3,335,000
Tennessee:
Greeneville, U.S. Courthouse, $3,234,000: Pro-
vided, That such funds shall only be obligated upon
the approval of the House Committee on Public Works
HR 4539 EAS1S
and Transportation and the Senate Committee on
Environment and Public Works
Texas:
Austin, Veterans Affairs Annex, $1,430,000
Brownsville, Federal Building and U.S. Court-
house, $6,361,000
El Paso, Federal Office Building, Claim,
$327,000
Laredo, Federal Building and U.S. Courthouse,
$24,341,000
Virginia:
Charlottesville, U.S. Army Foreign Service Tech-
nology Center, $4,178,000
Washington:
Blaine, Border Station, $4,472,000
Oroville, Border Station, $1,483,000
Point Roberts, Border Station, $698,000
West Virginia:
Martinsburg, IRS Computer Center, $7,547,000
Ω54æPage 33, line 23, strike out ø$815,268,000¿ and
insert: $714,556,000
Ω55æPage 34, strike out all after line 9 over to and in-
cluding ‘‘$301,168,000’’ in line 22 on page 36 and insert:
California:
Los Angeles, U.S. Courthouse, $22,420,000
HR 4539 EAS1S
Menlo Park, USGS Building #3, $6,868,000
Sacramento, Federal Building, $14,914,000
San Pedro, Custom House, $4,887,000
Colorado:
Denver, Federal Building and Custom House,
$8,006,000
District of Columbia:
Ariel-Rios Facades, $3,551,000
Customs/ICC/Connecting Wing Complex (phase
I), $8,696,000
National Courts, $4,129,000
Illinois:
Chicago, Federal Center, $47,682,000
Maryland:
Baltimore, George H. Fallon Federal Building
(phase 3), $15,459,000
Woodlawn, SSA East High-Low Rise Buildings,
$17,292,000
New Jersey:
Trenton, 
Clarkson 
S. 
Fisher 
Courthouse,
$14,107,000
New York:
Holtsville, IRS Service Center, $19,183,000
New York City, Jacob K. Javits Federal Build-
ing, $2,602,000
HR 4539 EAS1S
New York City, Silvio V. Mollo Federal Build-
ing, $953,000
North Carolina:
Asheville, Federal Building and U.S. Courthouse,
$6,347,000
Ohio:
Cleveland, Anthony J. Celebreeze Federal Build-
ing, $10,972,000
Oklahoma:
Oklahoma City, Alfred P. Murrah Federal
Building, $5,290,000
Pennsylvania:
Harrisburg, Federal Building and Courthouse,
$15,213,000
Philadelphia, Byrne-Green Complex, $30,628,000
Philadelphia, R.N.C. Nix, Sr. Federal Building
and U.S. Courthouse (phase 3), $13,257,000
Texas:
Lubbock, Federal Building and U.S. Courthouse,
$12,167,000
Virginia:
Richmond, 
U.S. 
Courthouse 
and 
Annex,
$12,509,000
Washington:
HR 4539 EAS1S
Walla Walla, Corps of Engineers, demolition,
$2,800,000: Provided, That such funds shall only be
obligated upon the approval of the House Committee
on Public Works and Transportation and the Senate
Committee on Environment and Public Works
Nationwide:
Chlorofluorocarbons Program, $90,035,000
Energy Program, $45,723,000
Advance Design, $19,515,000
Minor Repairs and Alterations, $257,151,000
Ω56æPage 37, line 20, strike out ø$2,204,628,000¿ and
insert: $2,173,000,000
Ω57æPage 37, line 22, strike out ø$1,323,689,000¿ and
insert: $1,309,525,000
Ω58æPage 37, line 23, strike out all after ‘‘expended’’
over to and including ‘‘prospectus’’ in line 13 on page 38
Ω59æPage 38, line 24, strike out all after ‘‘buildings’’
over to and including ‘‘prospectus’’ in line 8 on page 39
Ω60æPage 40, line 2, strike out ø$4,973,825,520¿ and
insert: $5,057,841,000
Ω61æPage 40, strike out all after line 7 over to and in-
cluding line 20 on page 42 and insert:
HR 4539 EAS1S
Of the funds made available under this heading in
Public Law 101–136, Public Law 101–509, Public Law
102–141, Public Law 102–393; and Public Law 103–123,
$88,658,000 are rescinded from the following projects in the
following amounts:
California:
Menlo Park, U.S. Geological Survey Office and
Laboratory Buildings, $783,000
Sacramento, 
U.S. 
Courthouse 
and 
Federal
Building, $3,391,000
District of Columbia:
Federal Office Building No. 6, $8,583,000
Federal Bureau of Investigation, Field office,
$5,679,000
White House remote delivery and vehicle mainte-
nance facility, $4,152,000
Florida:
Fort Myers, U.S. Courthouse, $654,000
Hollywood, Federal Building, $1,000,000
Lakeland, Federal Building, $4,400,000
Tampa, U.S. Courthouse, $7,511,000
Indiana:
Hammond, U.S. Courthouse, $5,223,000
Iowa:
Burlington, Parking Facility, $2,400,000
HR 4539 EAS1S
Maryland:
Bowie, Bureau of Census, Computer Center,
$660,000
New Carrollton, Internal Revenue Service, Head-
quarters, $30,100,000
Minnesota:
Minneapolis, Federal Building and U.S. Court-
house, $4,197,000
New Hampshire:
Concord, U.S. Courthouse, $867,000
New Jersey:
Newark, Federal Building, 20 Washington Plaza,
$327,000
North Dakota:
Fargo, U.S. Courthouse, $4,471,000
Pennsylvania:
Philadelphia, Veterans Affairs Federal Building,
$1,276,000
Tennessee:
Knoxville, U.S. Courthouse, $800,000
United States Virgin Islands:
Charlotte Amalie, St. Thomas, U.S. Courthouse
and Annex, $2,184,000.
Ω62æPage 43, line 3, strike out all after ‘‘activities;’’
down to and including ‘‘12356;’’ in line 5
HR 4539 EAS1S
Ω63æPage 43, line 14, strike out all after ‘‘expenses;’’
down to and including ‘‘canceled’’ in line 16 and insert:
$130,036,000: Provided, 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
Ω64æPage 45, strike out all after line 23 over to and
including line 5 on page 46
Ω65æPage 48, after line 6 insert:
SEC. 11. The Administrator of General Services is au-
thorized hereafter to accept and retain any sponsor refunds,
rebates, volume discount payments, lump sum payments,
and other similar payments from contractors or other ven-
dors paid on or after October 1, 1993 which are related
to personal property or services provided or to be provided
through the General Supply Fund established under section
109 of the Federal Property and Administrative Services
Act of 1949, as amended. Such payments are available for
the life of the program activity which generated the pay-
ment. Such payments are to be used to fund the direct and
indirect costs of providing personal property and
nonpersonal services related to that program activity.
Ω66æPage 48, line 17, strike out ø$2,420,000¿ and in-
sert: $1,989,000
HR 4539 EAS1S
Ω67æPage 48, after line 21, insert:
MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN
NATIONAL ENVIRONMENTAL POLICY FOUNDATION
FEDERAL PAYMENT TO MORRIS K. UDALL SCHOLARSHIP
AND EXCELLENCE IN NATIONAL ENVIRONMENTAL POL-
ICY FOUNDATION
For payment by the Secretary of the Treasury to the
Morris K. Udall Scholarship and Excellence in National
Environmental Trust Fund, to be available for purposes as
authorized by the Morris K. Udall Scholarship and Excel-
lence in National Environmental and Native American
Public Policy Act of 1992 (Public Law 102–259),
$10,000,000, to remain available until expended.
Ω68æPage 49, line 2, strike out ø$194,638,000¿ and in-
sert: $200,238,000, of which $5,250,000 for allocations and
grants for historical publications and records as authorized
by 44 U.S.C. 2504, as amended, shall remain available
until expended
Ω69æPage 49, line 16, strike out all after ‘‘403(2)’’ down
to and including ‘‘canceled’’ in line 18
Ω70æPage 49, strike out lines 19 to 25
Ω71æPage 50, strike out lines 1 to 6
HR 4539 EAS1S
Ω72æPage 51, line 10, strike out all after ‘‘amended;’’
down to and including ‘‘$93,934,000’’ in line 11 and in-
sert: $111,778,000, of which not to exceed $1,000,000 shall
be made available for the establishment of health promotion
and disease prevention programs for Federal employees,
and in addition $92,504,000
Ω73æPage 56, line 1, strike out ø$33,650,000¿ and in-
sert: $34,427,000
Ω74æPage 60, line 25, strike out ø1994¿ and insert:
1995
Ω75æPage 62, strike out lines 4 to 7
Ω76æPage 65, strike out lines 10 to 13
Ω77æPage 65, strike out all after line 13 over to and
including line 2 on page 66
Ω78æPage 66, after line 2 insert:
SEC. 526. Where appropriations in this Act are ex-
pendable for travel expenses of employees and no specific
limitation has been placed thereon, the expenditures for
such travel expenses may not exceed the amount set forth
therefor in the budget estimates submitted for appropria-
tions without the advance approval of the House and Senate
Committees on Appropriations: Provided, That this section
shall not apply to travel performed by uncompensated offi-
HR 4539 EAS1S
cials of local boards and appeal boards in the Selective
Service System; to travel performed directly in connection
with care and treatment of medical beneficiaries of the De-
partment of Veterans Affairs; to travel of the Office of Per-
sonnel Management in carrying out its observation respon-
sibilities of the Voting Rights Act; or to payments to inter-
agency motor pools separately set forth in the budget sched-
ules.
Ω79æPage 66, after line 2 insert:
SEC. 
527. 
LAW 
ENFORCEMENT 
EXCLUSION 
FROM
WORKFORCE RESTRUCTURING.
(a) During the five-year period beginning on October
1, 1994, no reductions pursuant to Section 5(b) of the Fed-
eral Workforce Restructuring Act of 1994 (Public Law 103–
226) may be made in the number of full-time equivalent
employees classified as law enforcement and law enforce-
ment support personnel in the Department of the Treasury.
(b) During the period specified in subsection (a), no
law, regulation, Executive Order, guidance, or other direc-
tive imposing a restriction on hiring by executive agencies
for the purpose of achieving workforce reductions shall
apply to employees classified as law enforcement and law
enforcement support personnel in the Department of the
Treasury.
HR 4539 EAS1S
(c) Section 5(f) Paragraph (3) of the Federal
Workforce Restructuring Act shall not apply with respect
to any instances of voluntary separation incentive pay-
ments made to Treasury law enforcement personnel.
Ω80æPage 66, after line 2 insert:
SEC. 528. (a) Section 3056 paragraph(a), subpara-
graph (3) of Title 18, United States Code is amended by
adding to subparagraph (3) following the word ‘‘remar-
riage’’, ‘‘Unless the former President did not serve as Presi-
dent prior to January 1, 1997, in which case, former Presi-
dents and their spouses for a period of not more than ten
years from the date a former President leaves office, except
that—
(1) protection of a spouse shall terminate in the
event of remarriage or the divorce from, or death of
a former President; and
(2) should the death of a President occur while
in office or within one year after leaving office, the
spouse shall receive protection for one year from the
time of such death:
Provided, That the Secretary of the Treasury shall have the
authority to direct the Secret Service to provide temporary
protection for any of these individuals at any time if the
Secretary of Treasury or designee determines that informa-
tion or conditions warrant such protection’’.
HR 4539 EAS1S
(b) Section 3056, paragraph (a) subparagraph (4) of
title 18, United States Code is amended by inserting to the
text of paragraph (4), following the word ‘‘age’’ the follow-
ing, ‘‘for a period not to exceed ten years or upon the child
becoming 16 years of age, which ever comes first’’.
Ω81æPage 66, after line 2 insert:
SEC. 529. The Act entitled ‘‘an Act to provide retire-
ment, clerical assistants, and free mailing privileges to
former Presidents of the United States, and for other pur-
poses’’, approved August 25, 1958. (Public Law 85–745; 72
State 838; 3 United States Code 102 note) is amended by
adding at the end thereof the following new subsection:
‘‘(g) There are authorized to be appropriated to the
Administrator of General Services up to $1,000,000 for each
former President and up to $500,000 for the spouse of each
former President each fiscal year for security and travel
related expenses: Provided, That under the provisions set
forth in Section 3056, paragraph (a), subparagraph (3) of
Title 18, United States Code, the former President and/or
spouse was not receiving protection for a lifetime provided
by the United States Secret Service under Section 3056
paragraph (a) subparagraph (3) of Title 18, United States
Code; the protection provided by the United States Secret
Service expired at its designated time; or the protection pro-
HR 4539 EAS1S
vided by the United States Secret Service was declined
prior to authorized expiration in lieu of these funds.’’
Ω82æPage 66, after line 2 insert:
SEC. 530. CONTINUATION OF ALLOWANCE RATES FOR FED-
ERAL EMPLOYEES STATIONED OUTSIDE THE
CONTINENTAL UNITED STATES OR IN ALAS-
KA.
The allowances provided to employees at rates set
under section 5941 of title 5, United States Code, and Exec-
utive Order Numbered 10000 as in effect on the date of the
enactment of this Act may not be reduced during the period
beginning on the date of the enactment of this Act through
December 31, 1996: Provided, That no later than March
1, 1996, the Office of Personnel Management shall conduct
a study and submit a report to the Congress proposing ap-
propriate changes in the method of fixing compensation for
affected employees, including any necessary legislative
changes. Such study shall include—
(1) an examination of the pay practices of other
employers in the affected areas;
(2) a consideration of alternative approaches to
dealing with the unusual and unique circumstances of
the affected areas, including modifications to the cur-
rent methodology for calculating allowances to take
HR 4539 EAS1S
into account all costs of living in the geographic areas
of the affected employees; and
(3) an evaluation of the likely impact of the dif-
ferent approaches on the Government’s ability to re-
cruit and retain a well-qualified workforce.
For the purpose of conducting such study and preparing
such report, the Office may accept and utilize funds made
available to the Office pursuant to court approval.
Ω83æPage 70, after line 25 insert:
(3) Other employee programs as authorized by
law or as deemed appropriate by the head of the Fed-
eral agency.
Ω84æPage 74, strike out all after line 21 over to and
including line 18 on page 77 and insert:
SEC. 617. (a)(1) Notwithstanding any other provision
of law, no part of any of the funds appropriated for the
fiscal year ending on September 30, 1995, 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—
(A) during that portion of fiscal year 1995
which precedes the normal effective date of the appli-
cable wage survey adjustment, in an amount that ex-
ceeds the rate payable for the applicable grade and
step of the applicable wage schedule in accordance
HR 4539 EAS1S
with section 615 of the Treasury, Postal Service, and
General Government Appropriations Act, 1994, on the
last day of the limitation imposed by such section
615; and
(B) during the period from the normal effective
date of the applicable wage survey adjustment until
the end of fiscal year 1995, in an amount that exceeds
the maximum rate allowable under subparagraph (A)
by more than the amount determined under para-
graph (2).
(2)(A) If, during fiscal year 1995, employees under the
General Schedule receive an increase in the amount of local-
ity-based comparability payments under section 5304 of
title 5, United States Code, but do not receive a pay adjust-
ment under section 5303 of such title, the applicable
amount under this paragraph shall be equal to the dif-
ference, if any, between the overall percentage of the local-
ity-based comparability payments taking effect in fiscal
year 1995 under that section (whether by adjustment or oth-
erwise), and the overall percentage of such payments which
was effective in fiscal year 1994 under such section.
(B) If, during fiscal year 1995, employees under the
General Schedule receive a pay adjustment under section
5303 of title 5, United States Code, and an increase in the
amount of locality-based comparability payments under
HR 4539 EAS1S
section 5304 of such title, the applicable amount under this
paragraph shall be equal to—
(i) the amount determined under subparagraph
(A); and
(ii) the amount resulting from an increase of an
equal percentage to the increase under such section
5303.
(C) If, during fiscal year 1995, employees under the
General Schedule receive a pay adjustment under section
5303 of title 5, United States Code, but do not receive an
increase in the amount of locality-based comparability pay-
ments under section 5304 of such title, the applicable
amount shall be equal to the amount resulting from an in-
crease of an equal percentage to the increase under such
section 5303.
(D) The applicable amount under this paragraph shall
be zero if neither subparagraph (A), subparagraph (B), nor
subparagraph (C) applies.
(3) The Office of Personnel Management shall discuss
with and consider the views of the Federal Prevailing Rate
Advisory Committee in carrying out the Offices’s respon-
sibilities with respect to this paragraph.
(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
HR 4539 EAS1S
no employee covered by section 5348 of such title, may be
paid during the periods for which subsection (e) is in effect
at a rate that exceeds the rates that would be payable under
subsection (a) were subsection (a) applicable to such em-
ployee.
(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 Septem-
ber 30, 1994, shall be determined under regulations pre-
scribed 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,
1994, except to the extent determined by the Office of Per-
sonnel 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 employee
on or after October 1, 1994.
(f) For the purpose of administering any provision of
law (including section 5342(a)(2) of title 5, United States
Code, and any rule or regulation, that provides premium
pay, retirement, life insurance, or any other employee bene-
fit) that requires any deduction or contribution, or that im-
poses any requirement or limitation, on the basis of a rate
HR 4539 EAS1S
of salary or basic pay, the rate of salary or basic pay pay-
able 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 per-
mit or require the payment in 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 and retention of qualified employees.
(i) The Office of Personnel Management may prescribe
any regulations which may be necessary to carry out this
section.
Ω85æPage 81, strike out all after line 12 over to and
including line 12 on page 82
Ω86æPage 85, after line 23 insert:
SEC. 628A. (a) Beginning in fiscal year 1995 and
thereafter, for each Federal agency, except the Department
of Defense, and except as provided in Public Law 102–393,
Title IV, section 13 (40 U.S.C. sec 490g) with respect to
the Fund established pursuant to 40 U.S.C. 490(f) an
amount equal to 50 percent of—
(1) the amount of each utility rebate received by
the agency for energy efficiency and water conserva-
HR 4539 EAS1S
tion measures, which the agency has implemented;
and
(2) the amount of the agency’s share of the meas-
ured energy savings resulting from energy savings
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
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.
Ω87æPage 88, strike out all after line 10 over to and
including line 7 on page 89
Ω88æPage 89, strike out all after line 7 over to and in-
cluding line 7 on page 90
Ω89æPage 90, line 10, strike out øin¿ and insert: on
HR 4539 EAS1S
Ω90æPage 90, line 15, after ‘‘(SF–86)’’ insert: or equiva-
lent form
Ω91æPage 90, line 16, after ‘‘not,’’ insert: within
Ω92æPage 90, line 21, strike out øWhite House¿ and in-
sert: access
Ω93æPage 90, after line 24 insert:
SEC. 633. SPECIAL PAY ADJUSTMENTS FOR CERTAIN MEM-
BERS OF THE SECRET SERVICE.
Any pay adjustment under section 5305 of title 5,
United States Code, to an individual who is employed as
a law enforcement officer by the United States Secret Serv-
ice Uniformed Division shall be considered to be a perma-
nent part of basic pay for all purposes, including the com-
putation of locality-based comparability payments under
section 5304 of such title and making special pay adjust-
ments for law enforcement officers in selected cities under
section 404 of the Federal Law Enforcement Pay Reform
Act of 1990 (5 U.S.C. 5305 note; Public Law 101–509; 104
Stat. 1467).
Ω94æPage 90, after line 24 insert:
SEC. 634. LAW ENFORCEMENT OFFICERS AVAILABILITY PAY.
(a) SHORT TITLE.—This section may be cited as the
‘‘Law Enforcement Officers Availability Pay Act of 1994’’.
(b) LAW ENFORCEMENT AVAILABILITY PAY.—
HR 4539 EAS1S
(1) IN GENERAL.—Chapter 55 of title 5, United
States Code, is amended by inserting after section
5545 the following new section:
‘‘§ 5545a. Law enforcement availability pay
‘‘(a) For purposes of this section—
‘‘(1) the term ‘available’ refers to the availability
of a law enforcement officer and means that an officer
shall be considered generally and reasonably accessible
by the agency employing such officer to perform du-
ties based on the needs of an agency;
‘‘(2) the term ‘law enforcement officer’ means a
law enforcement officer as defined under section
5541(3) (other than a special agent in the Diplomatic
Security Service) who is required to—
‘‘(A) possess a knowledge of investigative
techniques, laws of evidence, rules of criminal
procedure, and precedent court decisions concern-
ing admissibility of evidence, constitutional
rights, search and seizure, and related issues;
‘‘(B) recognize, develop, and present evi-
dence that reconstructs events sequences and time
elements for presentation in various legal hear-
ings and court proceedings;
‘‘(C) demonstrate skills in applying surveil-
lance techniques, undercover work, and advising
HR 4539 EAS1S
and assisting the United States Attorney in and
out of court;
‘‘(D) demonstrate the ability to apply the
full range of knowledge, skills, and abilities nec-
essary for cases which are complex and unfold
over a long period of time (as distinguished from
certain other occupations that require the use of
some investigative techniques in short-term situ-
ations that may end in arrest or detention);
‘‘(E) possess knowledge of criminal laws
and Federal rules of procedure which apply to
cases involving crimes against the United States,
including—
‘‘(i) knowledge of the elements of a
crime;
‘‘(ii) evidence required to prove the
crime;
‘‘(iii) decisions involving arrest au-
thority;
‘‘(iv) methods of criminal operations;
and
‘‘(v) availability of detection devices;
and
‘‘(F) possess the ability to follow leads that
indicate a crime will be committed rather than
HR 4539 EAS1S
initiate an investigation after a crime is com-
mitted;
‘‘(3) the term ‘unscheduled duty hours’ means
duty hours a law enforcement officer works, or is de-
termined to be available for work, that are not—
‘‘(A) hours that are part of the 40 hours in
an administrative work week of the officer; or
‘‘(B) overtime hours paid under section
5542; and
‘‘(4) the term ‘work day’ means each day in the
officer’s administrative work week during which the
officer works at least 4 hours that are not overtime
hours paid under section 5542 or hours considered
part of section 5545(a).
‘‘(b) The purpose of this section is to provide premium
pay to law enforcement officers to ensure the availability
of law enforcement officers for unscheduled duty in excess
of a 40-hour work week based on the needs of the employing
agency.
‘‘(c) Each law enforcement officer shall be paid law
enforcement availability pay as provided under this section.
Availability pay shall be paid to ensure the availability of
the officer for all hours of duty in excess of a 40-hour work
week, except for regularly scheduled overtime as computed
under section 5542, night duty, Sunday duty, and holiday
HR 4539 EAS1S
duty. The officer is generally responsible for recognizing,
without supervision, circumstances which require the officer
to be on duty or be available for duty for more than 40
hours in each work week agency based on the needs of the
agency. Availability pay provided to a law enforcement of-
ficer for such unscheduled duty shall be instead of premium
pay provided by other provisions of this subchapter.
‘‘(d)(1) A law enforcement officer shall be paid avail-
ability pay, if the average of hours described under para-
graph (2) (A) and (B) is equal to or greater than 2 hours.
‘‘(2) The hours referred to under paragraph (1) are—
‘‘(A) the annual average of unscheduled hours
worked by the officer in excess of each regular 8-hour
work day; and
‘‘(B) the annual average of unscheduled hours
such officer is available to work in excess of each reg-
ular 8-hour work day upon the request of the employ-
ing agency.
‘‘(3) Unscheduled duty hours as described under this
subsection, which are worked by an officer on days that are
not regular work days shall be considered in the calculation
of the annual average of unscheduled duty hours worked or
available for purposes of certification.
‘‘(4) An officer shall be considered to be available when
the officer cannot be reasonably and generally accessible due
HR 4539 EAS1S
to a status or assignment which is the result of an agency
direction, order, or approval as provided under subsection
(f)(1).
‘‘(e)(1) Each officer receiving availability pay under
this section and the appropriate supervisory officer, to be
designated by the head of the agency, shall make an annual
certification to the head of the agency that the officer has
met the requirements of subsection (d). The head of a law
enforcement agency may prescribe regulations necessary to
administer this subsection.
‘‘(2) Involuntary reduction in pay resulting from a de-
nial of certification under paragraph (1) shall be a reduc-
tion in pay for purposes of section 7512(4) of this title.
‘‘(f)(1) A law enforcement officer who is eligible for
availability pay shall receive such pay during any period
such officer is—
‘‘(A) attending agency sanctioned training;
‘‘(B) on agency approved sick leave or annual
leave;
‘‘(C) on agency ordered travel status;
‘‘(D) on agency approved relocation status; or
‘‘(E) on relocation leave.
‘‘(2) Agencies or departments may provide availability
pay to officers during training which is considered initial,
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basic training usually provided in the first year of service
or when on administrative leave with pay.
‘‘(g) Section 5545(c) shall not apply to any law en-
forcement officer who is paid availability pay.
‘‘(h) Availability pay under this section shall be—
‘‘(1) 25 percent of the rate of basic pay on an
annual basis for the position; and
‘‘(2) treated as part of basic pay for purposes
of—
‘‘(A) sections 5595(c), 8114(e), 8331(3),
8431, and 8704(c); and
‘‘(B) such other purposes as may be ex-
pressly provided for by law or as the Office of
Personnel Management may by regulation pre-
scribe.’’.
(2) LIMITATION
ON
PREMIUM
PAY.—Section
5547(a) of title 5, United States Code, is amended in
the first sentence by inserting ‘‘5545a,’’ after ‘‘5545
(a), (b), and (c),’’.
(3) 
TECHNICAL
AND
CONFORMING
AMEND-
MENT.—The table of sections for chapter 55 of title 5,
United States Code, is amended by inserting after the
item relating to section 5545 the following new item:
‘‘5545a. Law enforcement availability pay.’’.
(c) COMPUTATION
OF OVERTIME RATES.—Section
5542 of title 5, United States Code, is amended—
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(1) in subsection (a) in the first sentence by in-
serting ‘‘(or in excess of 10 hours a day as provided
under subsection (d))’’ after ‘‘excess of 8 hours a day’’;
and
(2) by adding at the end thereof the following
new subsection:
‘‘(d)(1) In the case of any law enforcement officer who
is paid availability pay under section 5545a, overtime pay
shall be paid as computed under subsection (a) and in ac-
cordance with paragraph (4). All other overtime work by
a law enforcement officer shall be compensated under sec-
tion 5545a.
‘‘(2) In any work week in which a law enforcement
officer who is paid availability pay under section 5545a
works a 40-hour regular work week, the officer shall be paid
scheduled overtime pay for each hour such officer is sched-
uled to work—
‘‘(A) on a regularly scheduled work day in excess
of 10 hours; and
‘‘(B) on a day on which such officer was sched-
uled not to work and which is not part of the officer’s
basic 40-hour work week.’’.
(d) EXEMPTIONS FROM CERTAIN FAIR LABOR STAND-
ARDS.—Section 13 of the Fair Labor Standards Act of 1938
(29 U.S.C. 213) is amended—
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(1) in subsection (a)—
(A) in paragraph (15) by striking out the
period and inserting in lieu thereof a semicolon
and ‘‘or’’; and
(B) by adding at the end thereof the follow-
ing new paragraph:
‘‘(16) a law enforcement officer as defined under
section 5545a(a) of title 5, United States Code.’’; and
(2) in subsection (b)—
(A) in paragraph (28) by striking out ‘‘or’’
after the semicolon;
(B) in paragraph (29) by striking out the
period and inserting in lieu thereof a semicolon
and ‘‘or’’; and
(C) by adding at the end thereof the follow-
ing new paragraph:
‘‘(30) a law enforcement officer as defined under
section 5545a(a) of title 5, United States Code.’’.
(e) EFFECTIVE DATE.—The provisions of this section
and the amendments made by this section shall take effect
on the first day of the first applicable pay period beginning
on or after October 1, 1994.
Ω95æPage 90, after line 24 insert:
SEC. 635. (a) Beginning in fiscal year 1995 and there-
after, for each Federal agency, except the Department of De-
HR 4539 EAS1S
fense, and except as provided in Public Law 102–393, title
IV, section 13 (40 U.S.C. 490g) with respect to the Fund
established pursuant to 40 U.S.C. 490(f) an amount equal
to 50 percent of—
(1) the amount of each utility rebate received by
the agency for energy efficiency and water conserva-
tion measures, which the agency has implemented;
and
(2) the amount of the agency’s share of the meas-
ured energy savings resulting from energy savings
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
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.
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Ω96æPage 90, after line 24 insert:
SEC. 636. (a) Section 5704 of title 5, United States
Code, is amended to read as follows:
‘‘(a)(1) Under regulations prescribed under section
5707 of this title, an employee who is engaged on official
business for the Government is entitled to a rate per mile
established by the Administrator of General Services, in-
stead of the actual expenses of transportation, for the use
of a privately owned automobile when that mode of trans-
portation is authorized or approved as more advantageous
to the Government. In any year in which the Internal Reve-
nue Service establishes a single standard mileage rate for
optional use by taxpayers in computing the deductible costs
of operating their automobiles for business purposes, the
rate per mile established by the Administrator shall not ex-
ceed the single standard mileage rate established by the In-
ternal Revenue Service.
‘‘(2) Under regulations prescribed under section 5707
of this title, an employee who is engaged on official business
for the Government is entitled to a rate per mile established
by the Administrator of General Services, instead of the ac-
tual expenses of transportation, for the use of a privately
owned airplane or a privately owned motorcycle when that
mode of transportation is authorized or approved as more
advantageous to the Government.
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‘‘(b) A determination that travel by a privately owned
vehicle is more advantageous to the Government is not re-
quired under subsection (a) of this section when payment
on a mileage basis is limited to the cost of travel by common
carrier including per diem.
‘‘(c) Notwithstanding the provisions of subsections (a)
and (b) of this section, in any case in which an employee
who is engaged on official business for the Government
chooses to use a privately owned vehicle in lieu of a Govern-
ment vehicle, payment on a mileage basis is limited to the
cost of travel by a Government vehicle.
‘‘(d) In addition to the rate per mile authorized under
subsection (a) of this section, the employee may be reim-
bursed for—
‘‘(1) parking fees;
‘‘(2) ferry fees;
‘‘(3) bridge, road, and tunnel costs; and
‘‘(4) airplane landing and tie-down fees.’’.
(b) Section 5707(b) of title 5, United States Code, is
amended to read as follows:
‘‘(b) The Administrator of General Services shall pre-
scribe the mileage reimbursement rates for use on official
business of privately owned airplanes, privately owned
automobiles, and privately owned motorcycles while en-
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gaged on official business as provided for in section 5704
of this title as follows:
‘‘(1)(A) The Administrator of General Services,
in consultation with the Comptroller General of the
United States, the Secretary of Transportation, the
Secretary of Defense, and representatives of organiza-
tions of employees of the Government, shall conduct
periodic investigations of the cost of travel and the
operation of privately owned vehicles to employees
while engaged on official business, and shall report
the results of such investigations to Congress at least
once a year.
‘‘(B) In conducting the periodic investigations,
the Administrator shall review and analyze among
other factors—
‘‘(i) depreciation of original vehicle cost;
‘‘(ii) gasoline and oil (excluding taxes);
‘‘(iii) maintenance, accessories, parts, and
tires;
‘‘(iv) insurance; and
‘‘(v) State and Federal taxes.
‘‘(2)(A) The Administrator shall issue regula-
tions under this section which—
‘‘(i) shall prescribe a mileage reimburse-
ment rate which reflects the current costs as de-
HR 4539 EAS1S
termined by the Administrator of operating pri-
vately owned automobiles, and which shall not
exceed, as provided in section 5704(a)(1) of this
title, the single standard mileage rate established
by the Internal Revenue Service, and
‘‘(ii) shall prescribe mileage reimbursement
rates which reflect the current costs as deter-
mined by the Administrator of operating pri-
vately owned airplanes and motorcycles.
‘‘(B) At least once each year after the issuance
of the regulations described in subparagraph (A) of
this paragraph, the Administrator shall determine,
based upon the results of the cost investigation, spe-
cific figures, each rounded to the nearest half cent, of
the average, actual cost per mile during the period for
the use of a privately owned airplane, automobile,
and motorcycle.
‘‘(C) The Administrator shall report the specific
figures to Congress not later than five working days
after the Administrator makes the cost determination.
Each such report shall be printed in the Federal Reg-
ister.
‘‘(D) The mileage reimbursement rates contained
in the regulations prescribed under this section shall
be adjusted within thirty days following the submis-