H. R. 4539—35
designed to ensure that all of its workplaces are free from the
illegal use, possession, or distribution of controlled substances (as
defined in the Controlled Substances Act) by the officers and
employees of such department, agency, or instrumentality.
SEC. 603. Notwithstanding 31 U.S.C. 1345, any agency, depart-
ment or instrumentality of the United States which provides or
proposes to provide child care services for Federal employees may
reimburse any Federal employee or any person employed to provide
such services for travel, transportation, and subsistence expenses
incurred for training classes, conferences or other meetings in
connection with the provision of such services: Provided, That any
per diem allowance made pursuant to this section shall not exceed
the rate specified in regulations prescribed pursuant to section
5707 of title 5, United States Code.
SEC. 604. Unless otherwise specifically provided, the maximum
amount allowable during the current fiscal year in accordance with
section 16 of the Act of August 2, 1946 (60 Stat. 810), for the
purchase of any passenger motor vehicle (exclusive of buses, ambu-
lances, law enforcement, and undercover surveillance vehicles), is
hereby fixed at $8,100 except station wagons for which the maxi-
mum shall be $9,100: Provided, That these limits may be exceeded
by not to exceed $3,700 for police-type vehicles, and by not to
exceed $4,000 for special heavy-duty vehicles: Provided further,
That the limits set forth in this section may not be exceeded
by more than five percent for electric or hybrid vehicles purchased
for demonstration under the provisions of the Electric and Hybrid
Vehicle Research, Development, and Demonstration Act of 1976:
Provided further, That the limits set forth in this section may
be exceeded by the incremental cost of clean alternative fuels
vehicles acquired pursuant to Public Law 101–549 over the cost
of comparable conventionally fueled vehicles.
SEC. 605. Appropriations of the executive departments and
independent establishments for the current fiscal year available
for expenses of travel or for the expenses of the activity concerned,
are hereby made available for quarters allowances and cost-of-
living allowances, in accordance with 5 U.S.C. 5922–24.
SEC. 606. Unless otherwise specified during the current fiscal
year no part of any appropriation contained in this or any other
Act shall be used to pay the compensation of any officer or employee
of the Government of the United States (including any agency
the majority of the stock of which is owned by the Government
of the United States) whose post of duty is in the continental
United States unless such person (1) is a citizen of the United
States, (2) is a person in the service of the United States on
the date of enactment of this Act who, being eligible for citizenship,
has filed a declaration of intention to 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, or (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
H. R. 4539—36
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.
The Administrator of General Services or his designee is author-
ized to transfer funds received into the Federal Buildings Fund
pursuant to section 11 of GSA—General Provisions, Public Law
102–141, October 28, 1991, 105 Stat. 856, 40 U.S.C., sec. 490(f)
(7) and (8), or sec. 490g, prior to the effective date of this legislation,
to other Federal agencies for use by those agencies for the purposes
set forth in those statutes. Such funds shall be available until
expended and shall be in addition to any amounts appropriated
for such purposes.
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;
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
H. R. 4539—37
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
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.
H. R. 4539—38
SEC. 616. No part of any appropriation contained in, or funds
made available by, this or any other Act, shall be available for
any agency to pay to the Administrator of the General Services
Administration a higher rate per square foot for rental of space
and services (established pursuant to section 210(j) of the Federal
Property and Administrative Services Act of 1949, as amended)
than the rate per square foot established for the space and services
by the General Services Administration for the fiscal year for which
appropriations were granted.
SEC. 617. (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, 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—
(1) during the period from the date of expiration of the
limitation imposed by section 615 of the Treasury, Postal Serv-
ice and General Government Appropriations Act, 1994, until
the normal effective date of the applicable wage survey adjust-
ment that is to take effect in fiscal year 1995, in an amount
that exceeds the rate payable for the applicable grade and
step of the applicable wage schedule in accordance with such
section 615; and
(2) during the period consisting of the remainder of fiscal
year 1995, 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 1995 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 1995 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 1994 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, 1994, 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, 1994, 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, 1994.