H. R. 4539—27
related expenses. Amounts available for procurement and procure-
ment-related expenses in each such account shall be reduced by
the amount allocated to such account.
(c) For the purposes of this section, the definition of ‘‘procure-
ment’’ includes all stages of the process of acquiring property or
services, beginning with the process of determining a need for
a product or services and ending with contract completion and
closeout, as specified in 41 U.S.C. 403(2).
OFFICE OF SPECIAL COUNSEL
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the Office
of Special Counsel pursuant to Reorganization Plan Numbered 2
of 1978, the Civil Service Reform Act of 1978 (Public Law 95–
454), and the Whistleblower Protection Act of 1989 (Public Law
101–12), including services as authorized by 5 U.S.C. 3109, payment
of fees and expenses for witnesses, rental of conference rooms
in the District of Columbia and elsewhere, and hire of passenger
motor vehicles; $7,955,000.
UNITED STATES TAX COURT
SALARIES AND EXPENSES
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109; $34,039,000: Provided,
That travel expenses of the judges shall be paid upon the written
certificate of the judge.
This title may be cited as the ‘‘Independent Agencies Appropria-
tions Act, 1995’’.
TITLE V—GENERAL PROVISIONS
THIS ACT
SECTION 501. No part of any appropriation made available
in this Act shall be used for the purchase or sale of real estate
or for the purpose of establishing new offices inside or outside
the District of Columbia: Provided, That this limitation shall not
apply to programs which have been approved by the Congress
and appropriations made therefor.
SEC. 502. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 503. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, pursu-
ant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available
for public inspection, except where otherwise provided under exist-
ing law, or under existing Executive order issued pursuant to exist-
ing law.
SEC. 504. No part of any appropriation contained in this Act
shall be available for the procurement of, or for the payment of,
the salary of any person engaged in the procurement of any hand
or measuring tool(s) not produced in the United States or its posses-
sions except to the extent that the Administrator of General Services
H. R. 4539—28
or his designee shall determine that a satisfactory quality and
sufficient quantity of hand or measuring tools produced in the
United States or its possessions cannot be procured as and when
needed from sources in the United States and its possessions,
or except in accordance with procedures prescribed by section 6–
104.4(b) of Armed Services Procurement Regulation dated January
1, 1969, as such regulation existed on June 15, 1970: Provided,
That a factor of 75 per centum in lieu of 50 per centum shall
be used for evaluating foreign source end products against a domes-
tic source end product. This section shall be applicable to all solicita-
tions for bids opened after its enactment.
SEC. 505. None of the funds made available to the General
Services Administration pursuant to section 210(f) of the Federal
Property and Administrative Services Act of 1949 shall be obligated
or expended after the date of enactment of this Act for the procure-
ment by contract of any guard, elevator operator, messenger or
custodial services if any permanent veterans preference employee
of the General Services Administration at said date, would be
terminated as a result of the procurement of such services, except
that such funds may be obligated or expended for the procurement
by contract of the covered services with sheltered workshops employ-
ing the severely handicapped under Public Law 92–28. Only if
such workshops decline to contract for the provision of the covered
services may the General Services Administration procure the serv-
ices by competitive contract, for a period not to exceed 5 years.
At such time as such competitive contract expires or is terminated
for any reason, the General Services Administration shall again
offer to contract for the services from a sheltered workshop prior
to offering such services for competitive procurement.
SEC. 506. None of the funds made available by this Act shall
be available for any activity or for paying the salary of any Govern-
ment employee where funding an activity or paying a salary to
a Government employee would result in a decision, determination,
rule, regulation, or policy that would prohibit the enforcement of
section 307 of the Tariff Act of 1930.
SEC. 507. None of the funds made available by this Act shall
be available for the purpose of transferring control over the Federal
Law Enforcement Training Center located at Glynco, Georgia,
Tucson, Arizona, and Artesia, New Mexico, out of the Treasury
Department.
SEC. 508. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes within the
United States not heretofore authorized by the Congress.
SEC. 509. No part of any appropriation contained in this Act
shall be available for the payment of the salary of any officer
or employee of the United States Postal Service, who—
(1) prohibits or prevents, or attempts or threatens to pro-
hibit or prevent, any officer or employee of the United States
Postal Service from having any direct oral or written commu-
nication or contact with any Member or committee of Congress
in connection with any matter pertaining to the employment
of such officer or employee or pertaining to the United States
Postal Service in any way, irrespective of whether such commu-
nication or contact is at the initiative of such officer or employee
or in response to the request or inquiry of such Member or
committee; or
H. R. 4539—29
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance of effi-
ciency rating, denies promotion to, relocates, reassigns, trans-
fers, disciplines, or discriminates in regard to any employment
right, entitlement, or benefit, or any term or condition of
employment of, any officer or employee of the United States
Postal Service, or attempts or threatens to commit any of
the foregoing actions with respect to such officer or employee,
by reason of any communication or contact of such officer
or employee with any Member or committee of Congress as
described in paragraph (1) of this subsection.
SEC. 510. Funds under this Act shall be available as authorized
by sections 4501–4506 of title 5, United States Code, when the
achievement involved is certified, or when an award for such
achievement is otherwise payable, in accordance with such sections.
Such funds may not be used for any purpose with respect to which
the preceding sentence relates beyond fiscal year 1995.
SEC. 511. None of the funds appropriated or otherwise made
available to the Department of the Treasury by this or any other
Act shall be obligated or expended to contract out positions in,
or downgrade the position classifications of, members of the United
States Mint Police Force and the Bureau of Engraving and Printing
Police Force, or for studying the feasibility of contracting out such
positions.
SEC. 512. The Office of Personnel Management may, during
the fiscal year ending September 30, 1995, accept donations of
supplies, services, land and equipment for the Federal Executive
Institute, the Federal Quality Institute, and Management Develop-
ment Centers to assist in enhancing the quality of Federal manage-
ment.
SEC. 513. No part of any appropriation contained in this Act
shall be available for the procurement of, or for the payment of,
the salary of any person engaged in the procurement of stainless
steel flatware not produced in the United States or its possessions,
except to the extent that the Administrator of General Services
or his designee shall determine that a satisfactory quality and
sufficient quantity of stainless steel flatware produced in the United
States or its possessions, cannot be procured as and when needed
from sources in the United States or its possessions or except
in accordance with procedures provided by section 6–104.4(b) of
Armed Services Procurement Regulations, dated January 1, 1969.
This section shall be applicable to all solicitations for bids issued
after its enactment.
SEC. 514. The United States Secret Service may, during the
fiscal year ending September 30, 1995, accept donations of money
to off-set costs incurred while protecting former Presidents and
spouses of former Presidents when the former President or spouse
travels for the purpose of making an appearance or speech for
a payment of money or any thing of value.
SEC. 515. None of the funds made available by this Act for
‘‘Allowances and Office Staff for Former Presidents’’ may be used
for partisan political activities.
SEC. 516. None of the funds made available by this Act may
be used to withdraw the designation of the Virginia Inland Port
at Front Royal, Virginia, as a United States Customs Service port
of entry.
H. R. 4539—30
SEC. 517. Such sums as may be necessary for fiscal year 1995
pay raises for programs funded by this Act shall be absorbed within
the levels appropriated by this Act.
SEC. 518. None of the funds made available to the Postal
Service by this Act shall be used to transfer mail processing capabili-
ties from the Las Cruces, New Mexico postal facility, and that
every effort will be made by the Postal Service to recognize the
rapid rate of population growth in Las Cruces and to automate
the Las Cruces, New Mexico postal facility in order that mail
processing can be expedited and handled in Las Cruces.
SEC. 519. None of the funds in this Act may be used to reduce
the rank or rate of pay of a career appointee in the SES upon
reassignment or transfer.
SEC. 520. No part of any appropriation contained in this Act
shall be available to pay the salary for any person filling a position,
other than a temporary position, formerly held by an employee
who has left to enter the Armed Forces of the United States and
has satisfactorily completed his period of active military or naval
service and has within ninety days after his release from such
service or from hospitalization continuing after discharge for a
period of not more than one year made application for restoration
to his former position and has been certified by the Office of Person-
nel Management as still qualified to perform the duties of his
former position and has not been restored thereto.
SEC. 521. (a) None of the funds appropriated by this Act may,
with respect to an individual employed by the Bureau of the Public
Debt in the Washington Metropolitan Region on April 10, 1991,
be used to separate, reduce the grade or pay of, or carry out
any other adverse personnel action against such individual for
declining to accept a directed reassignment to a position outside
such region, pursuant to a transfer of any such Bureau’s operations
or functions to Parkersburg, West Virginia.
(b) Subsection (a) shall not apply with respect to any individual
who, on or after the date of enactment of this Act, declines an
offer of another position in the Department of the Treasury which
is of at least equal pay and which is within the Washington Metro-
politan Region.
SEC. 522. None of the funds made available in this Act may
be used to provide any non-public information such as mailing
or telephone lists to any person or any organization outside of
the Federal Government without the approval of the House and
Senate Committees on Appropriations.
SEC. 523. COMPLIANCE WITH BUY AMERICAN ACT.—No funds
appropriated pursuant to this Act may be expended by an entity
unless the entity agrees that in expending the assistance the entity
will comply with sections 2 through 4 of the Act of March 3,
1933 (41 U.S.C. 10a–10c, popularly known as the ‘‘Buy American
Act’’).
SEC. 524. SENSE
OF CONGRESS; REQUIREMENT REGARDING
NOTICE.—(a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PROD-
UCTS.—In the case of any equipment or products that may be
authorized to be purchased with financial assistance provided under
this Act, it is the sense of the Congress that entities receiving
such assistance should, in expending the assistance, purchase only
American-made equipment and products.
(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing finan-
cial assistance under this Act, the Secretary of the Treasury shall