Treasury, Postal Service and General Government Appropriations Act, 1991
PL 101-509 (H.R.5241), enacted 11/05/1990

PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1389 
Public Law 101-509 
101st Congress 
An Act 
Making appropriations for the Treasury Department, the United States Posted 
Service, the Executive Office of the President, and certain Independent Agencies, 
for the fiscal year ending September 30,1991, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following 
sums are appropriated, out of any money in the Treasury not 
otherwise appropriated, for the Treasury Department, the United 
States Postal Service, the Executive Office of the President, and 
certain Independent Agencies, for the fiscal year ending September 
30,1991, and for other purposes, namely: 
TITLE I 
DEPARTMENT 
OF 
THE 
TREASURY 
DEPARTMENTAL 
OFFICES 
SALARIES AND EXPENSES 
For necessary expenses of the Departmental Offices including 
operation and maintenance of the Treasury Building and Annex; 
hire of passenger motor vehicles; not to exceed $22,000 for official 
reception and representation expenses; not to exceed $200,000 for 
unforeseen emergencies of a confidential nature, to be allocated and 
expended under the direction of the Secretary of the Treasury and 
to be accounted for solely on his certificate; not less than $2,212,000 
and 40 full-time equivalent positions for the Office of Foreign Assets 
Control; not to exceed $1,649,000, to remain available until 
expended, for systems modernization requirements; not to exceed 
$1,000,000, to remain available until expended, for repairs and 
improvements to the Main Treasury Building and 
Annex; 
$63,883,000. 
INTERNATIONAL AFFAIRS 
For necess£iry expenses of the international affairs function of the 
Departmental Offices, including operation and maintenance of the 
Treasury Building and Annex; hire of passenger motor vehicles; 
maintenance, repairs, and unprovements of, and purchase of 
commercial insurance policies for, real properties leased or owned 
overseas, when necessary for the performance of official business; 
not to exceed $2,000,000 for official travel expenses; and not to 
exceed $73,000 for official reception and representation expenses; 
$29,717,000. 
Nov. 5, 1990 
[H.R. 5241] 
Treasury, Postal 
Service and 
General 
Government 
Appropriations 
Act, 1991. 
Treasury 
Department 
Appropriations 
Act, 1991. 
104 STAT. 1390 
PUBLIC LAW 101-509—NOV. 5, 1990 
OFFICE OF INSPECTOR GENERAL 
SALARIES AND EXPENSES 
For necessary expenses of the Office of Inspector General in 
carrsdng out the provisions of the Inspector General Act of 1978, as 
amended, hire of passenger motor vehicles; not to exceed $1,543,000 
to remain available until expended, for systems modernization 
requirements; $21,296,000. 
FINANCIAL CRIMES ENFORCEMENT NETWORK 
SALARIES AND EXPENSES 
For necessary expenses of the Financial Crimes Enforcement 
Network, including hire of passenger motor vehicles; and not to 
exceed $3,000 for official reception and representation expenses; 
$16,488,000. 
FEDERAL LAW ENFORCEMENT TRAINING CENTER 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Law Enforcement Training 
Center, as a bureau of the Department of the Treasury, including 
purchase (not to exceed thirty for police-t3rpe use) and hire of 
passenger motor vehicles; for expenses for student athletic and 
related activities; uniforms without regard to the general purchase 
price limitation for the current fiscal year; the conducting of and 
participating in firearms matches and presentation of awards; for 
public awareness and enhancing community support of law enforce-
ment training; not to exceed $7,000 for official reception and rep-
resentation expenses; room and board for student interns; and 
services as authorized by 5 U.S.C. 3109: Provided, That the Center is 
authorized to accept gifts: Provided further, That notwithstanding 
any other provision of law, students attending training at any 
Federal Law Enforcement Training Center site shall reside in on-
Center or Center-provided housing, insofar as available and in 
accordance with Center policy: Provided further. That funds appro-
priated in this account shall be available for State and local govern-
ment law enforcement training on a space-available basis; training 
of foreign law enforcement officials on a space-available basis with 
reimbursement of actual costs to this appropriation; training of 
private sector security officials on a space available basis with 
reimbursement of actual costs to this appropriation; travel expenses 
of non-Federal personnel to attend State £md local course develop-
42 use 3771 
ment meetings at the Center: Provided further, That the Director of 
Decorations 
*^® Federal Law Enforcement Training Center shall annually 
medals, awards. 
present an award to be accompanied by a gift of intrinsic value to 
the outstanding student who graduated from a basic training pro-
gram at the Center during the previous fiscal year, to be funded by 
donations received through the Center's gift authority: Provided 
further. That none of the funds appropriated under this heading 
shall be used to reduce the level of advanced training or other 
training activities of the Federal Law Enforcement Training Center 
at Marana, Arizona; $40,265,000: Provided further, That the Federal 
Law Enforcement Training Center shall hire up to and maintain an 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1391 
average of not less than 441 direct full-time equivalent positions for 
fiscal year 1991. 
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED 
EXPENSES 
For expansion of the Federal Law Enforcement Training Center, 
for acquisition of necessary additional real property and facilities, 
and for ongoing maintenance, facility improvements, and related 
expenses, $20,775,000, to remain available until expended. 
FINANCIAL MANAGEMENT SERVICE 
SALARIES AND EXPENSES 
For necessary expenses of the Financial Management Service, 
$218,742,000, of which not to exceed $13,287,000 shall remain avail-
able until expended for systems modernization initiatives. 
BUREAU OF ALCOHOL, TOBACCO AND FIREARMS 
SALARIES AND EXPENSES 
For necessary expenses of the Bureau of Alcohol, Tobacco and 
Firearms, including purchase of not to exceed six hundred and fifty 
vehicles for police-t5T)e use for replacement only and hire of pas-
senger motor vehicles; hire of aircraft; and services of expert wit-
nesses at such rates as may be determined by the Director; not to 
exceed $10,000 for ofRcial reception and representation expenses; for 
training of State and local law enforcement agencies with or without 
reimbursement; provision of laboratory assistance to State and local 
agencies, with or without reimbursement; $301,854,000, of which 
$21,000,000 shall be available solely for the enforcement of the 
Federal Alcohol Administration Act during ^ c a l year 1991, and of 
which not to exceed $1,000,000 shall be available for the pajmient of 
attorneys' fees as provided by 18 U.S.C. 924(dX2): Provided, That no 
funds appropriated herein shall be available for administrative 
expenses in connection with consolidating or centralizing within the 
Department of the Treasury the records of receipts and disposition 
of firearms maintained by Federal firearms licensees or for issuing 
or carrying out any provisions of the proposed rules of the Depart-
ment of the Treasury, Bureau of Alcohol, Tobacco and Firearms, on 
Firearms Regulations, as published in the Federal Register, volume 
43, number 55, of March 21,1978: Provided further, That none of the 
funds appropriated herein shall be available for explosive identifica-
tion or detection tagging research, development, or implementation: 
Provided further. That not to exceed $300,000 shall be available for 
research and development of an explosive identification and detec-
tion device: Provided further. That this provision shall not preclude 
ATF from £issisting the International Civil Aviation Organization in 
the development of a detection agent for explosives or from enforc-
ing any legislation implementing the Convention on the Marking of 
Plastic and Sheet Explosives for the Purpose of Detection: Provided 
further. That funds made available under this Act shall be used to 
achieve a minimum level of 4,073 full-time equivalent positions for 
fiscal year 1991, of which no fewer than 1,037 full-time equiv£ilent 
104 STAT. 1392 
PUBLIC LAW 101-509—NOV. 5, 1990 
positions shall be allocated for the Armed Career Criminal 
Apprehension Program. 
UNITED STATES CUSTOMS SERVICE 
SALARIES AND EXPENSES 
For necessary expenses of the United States Customs Service, 
including purchase of up to 1,000 motor vehicles of which 960 are for 
replacement only, including 990 for police-tjrpe use and commercial 
operations; hire of motor vehicles; not to exceed $20,000 for official 
reception and representation expenses; and awards of compensation 
to informers, as authorized by any Act enforced by the United States 
Customs Service; $1,135,961,000, of which $7,000,000 shall be for the 
Interagency Border Inspection System, and of which such sums as 
become available in the Customs User Fee Account, except sums 
subject to section 13031(fK3) of the Consolidated Omnibus Reconcili-
ation Act of 1985, as amended (19 U.S.C. 58c(fX3)), shall be derived 
from that Account; of the total, not to exceed $150,000 shall be 
available for pa3anent for rental space in connection with 
preclearance operations, not to exceed $4,000,000, to remain avail-
able until expended, for research, and not to exceed $3,395,000, to 
remain available until expended, for renovation and expansion of 
the Canine Enforcement Training Center: Provided, That uniforms 
may be purchased without regard to the general purchase price 
limitation for the current fiscal year: Provided further, That none of 
the funds made available by this Act shall be available for adminis-
trative expenses to pay any employee overtime pay in an amount in 
excess of $25,000: Provided further. That the Commissioner or his 
designee may waive this limitation in individual cases in order to 
prevent excessive costs or to meet emergency requirements of the 
Service: Provided further. That none of the funds made available by 
this Act may be used for administrative expenses in connection with 
the proposed redirection of the Equal Employment Opportunity 
Program: Provided further. That the United States Customs Service 
shall hire and mgiintain an average of not less than 17,162 full-time 
equivalent positions in fiscal year 1991, of which a minimum level of 
10,421 full-time equivalent positions shall be allocated to commer-
cial operations activities, and of which a minimum level of 930 
full-time equivalent positions shall be allocated to air interdiction 
activities of the United States Customs Service, and of which a 
minimum level of 222 full-time equivalent positions shall be allo-
cated to the Nogales District of the United States Customs Service: 
Provided further. That no funds appropriated by this Act may be 
r 
used to reduce to single eight hour shifts at airports and that all 
current services as provided by the Customs Service shall continue 
through September 30, 1991: Provided further. That not less than 
$500,000 shall be expended for additional part-time and temporary 
positions in the Honolulu Customs District: Provided further, That 
$1,750,000 shall be expended to increase by 30 the number of full-
time employees of the United States Customs Service in the Hono-
lulu Customs District: Provided further. That Customs shall increeise 
by 10 the number of full-time inspectors in the Charleston, South 
Carolina Customs District: Provided further. That Customs shall 
increase by 75 the number of full-time inspectors in the San Diego, 
California Customs District: Provided further. That the express 
designations of Customs positions provided for in this Act and in the 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1393 
accompanying House and Senate Reports shall only apply to posi-
tions in excess of those positions funded in Public Law 101-136, and 
shall not adversely impact staffing increases which are otherwise 
provided for in fiscal year 1991. 
OPERATION AND MAINTENANCE, AIR INTERDICTION PROGRAM 
For expenses, not otherwise provided for, necessary for the hire, 
lease, acquisition (transfer or acquisition from any other agency), 
operation and maintenance of aircraft, and other related equipment 
of the Air Program; $110,347,000, to remain available until ex-
pended: Provided, That no aircraft or other related equipment with 
the exception of the aerostat program which will be transferred to 
the Department of Defense, shall be transferred to any other Fed-
eral agency, Department, or office outside of the Department of the 
Treasury during fiscal year 1991: Provided further, That the United Government 
States Customs Service shall commence procurement of long-lead procurement, 
items and conduct all advanced planning required in preparation for 
the procurement of one additional P-3 airborne early warning 
(AEW) aircraft in fiscal year 1992. 
CUSTOMS FORFEITURE FUND 
(LIMITATION ON AVAILABILITY OF DEPOSITS) 
For necessary expenses of the Customs Forfeiture Fund, not to 
exceed $14,855,000, as authorized by Public Law 100-690; to be 
derived from deposits in the Fund. 
CUSTOMS SERVICES AT SMALL AIRPORTS 
(TO BE DERIVED FROM FEES COLLECTED) 
Such sums as may be necessary, not to exceed $2,152,000, for 
expenses for the provision of Customs services at certain small 
airports or other facilities when authorized by law and designated 
by the Secretary of the Treasury, including expenditures for the 
salary and expenses of individuals employed to provide such serv-
ices, to be derived from fees collected by the Secretary of the 
Treasury pursuant to section 236 of Public Law 98-573 for each of 
these airports or other faciUties when authorized by law and des-
ignated by the Secretary of the Treasury, and to remain available 
until expended. 
UNITED STATES MINT 
SALARIES AND EXPENSES 
For necessary expenses of the United States Mint; $51,429,000, 
including amounts for purchase and maintenance of uniforms not to 
exceed $275 multiplied by the number of employees of the agency 
who are required by regulation or statute to wear a prescribed 
uniform in the performance of official duties. 
EXPANSION AND IMPROVEMENTS 
For expansion and improvements to existing Mint facilities and 
for renovation of such facilities as may be acquired, $550,000, to 
remain available until expended. 
104 STAT. 1394 
PUBLIC LAW 101-509—NOV. 5, 1990 
BUREAU OF THE PUBLIC DEBT 
ADMINISTERING THE PUBUC DEBT 
Effective date. 
For necessary expenses connected with any public-debt issues of 
the United States; $175,139,000: Provided, Tliat such sums as are 
necessary are appropriated to reimburse Federal Reserve Banks for 
services required by the Secretary to be performed by such banks as 
fiscal agents of the United States in support of administering the 
public debt, effective October 1,1991. 
PAYMENT OF GOVERNMENT LOSSES IN SHIPMENT 
For pajnnent of Grovernment losses in shipment, in accordance with 
section 2 of the Act approved July 8, 1937 (40 U.S.C. 722), $500,000, 
to remain available until expended. 
INTERNAL REVENUE SERVICE 
ADMINISTRATION AND MANAGEMENT 
For necessary expenses of the Internal Revenue Service, not 
otherwise provided for; executive direction, management services, 
and internal audit and security; including purchase (not to exceed 89 
for replacement only, for police-type use) and hire of passenger 
motor vehicles (31 U.S.C. 1343(b)); and services as authorized by 5 
U.S.C. 3109, at such rates as may be determined by the C!ommis-
sioner; $142,279,000, of which not to exceed $25,000 for official 
reception and representation expehses; and of which not to exceed 
$500,000 shall remain available until expended for research. 
PROCESSING TAX RETURNS AND ASSISTANCE 
For necessary expenses of the Internal Revenue Service, not 
otherwise provided for; including processing tax returns; revenue 
accounting; statistics of income; providing assistance to taxpayers; 
hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services as 
authorized by 5 U.S.C. 3109, at such rates as may be determined by 
the Commissioner; $1,521,595,000, of which $3,000,000 shall be for 
the Tax Counseling for the Elderly Program, no amount of which 
shall be available for IRS administrative costs. 
TAX LAW ENFORCEMENT 
For necessary expenses of the Internal Revenue Service for deter-
mining and establishing tax liabilities; tax and enforcement litiga-
tion; technical rulings; examining employee plans and exempt 
organizations; investigation and enforcement activities; securing 
unfiled tax returns; collecting unpaid accounts; the purchase (not to 
exceed 451, for replacement only, for police-type use), and hire of 
passenger motor vehicles (31 U.S.C. 1343(b)); and services as 
authorized by 5 U.S.C. 3109, at such rates as may be determined by 
the Commissioner; $3,501,119,000, of which not to exceed $70,000 
shall be for official reception and representation expenses in connec-
tion with the 1991 General Assembly of the Inter-American Center 
of Tax Administrators, to be hosted by the United States: Provided, 
Tliat additional amounts above fiscal year 1990 levels for inter-
national tax enforcement shall be used for the establishment and 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1395 
operation of a task force comprised of senior Internal Revenue 
Service attorneys, accountants, and economists dedicated to enforce-
ment activities related to United States subsidiaries of foreign-
controlled corporations that are in non-compliance with the Internal 
Revenue Code. 
INFORMATION SYSTEMS 
For necessary expenses for data processing and telecommuni-
cations support for Internal Revenue Service activities, including: 
returns processing and services; compliance and enforcement; pro-
gram support; and tax systems modernization; and for the hire of 
passenger motor vehicles (31 U.S.C. 1343(b)); and services as au-
thorized by 5 U.S.C. 3109, at such rates as may be determined by the 
Commissioner: $942,932,000, of which not less than $247,878,000 
shall remain available until expended for tax systems moderniza-
tion, and of which $60,000,000 shall remain available until expended 
for other systems development projects: Provided, That of the -
$247,878,000 provided for tax systems modernization up to 
$15,()00,()00 may be available until expended for the establishment of 
a federally-funded research and development center and may be 
utilized to conduct and evaluate market surveys, develop and evalu-
ate requests for proposals, and assist with systems engineering, 
technical evaluations, and independent technical reviews in 
conjunction with tax systems modernization. 
ADMINISTRATIVE PROVISION—INTERNAL REVENUE SERVICE 
SECTION 1. Not to exceed 4 per centum of any appropriation made 
available to the Internal Revenue Service for the current fiscal year 
by this Act may be transferred to any other Internal Revenue 
Service appropriation upon the advance approval of the House and 
Senate Committees on Appropriations. 
UNITED STATES SECRET SERVICE 
SALARIES AND EIXPENSES 
For necessary expenses of the United States Secret Service, 
including purchase (not to exceed three hundred and forty-three 
vehicles for police-tjrpe use for replacement only) and hire of pas-
senger motor vehicles; hire of aircraft; training and assistimce 
requested by State and local governments, which may be provided 
without reimbursement; services of expert witnesses at such rates as 
may be determined by the Director; rental of buildings in the 
District of Columbia, and fencing, l^hting, guard booths, and other 
facilities on private or other property not in Government ownership 
or control, as may be necessary to perform protective functions; the 
(X)nducting of and participating in firearms matches and presen-
tation of aw£u:ds; and for travel of Secret Service employees on 
protective missions without r^ard to the limitations on such 
expenditures in this or any other Act: Provided, That approval is 
obtained in advance from the House and Senate Committees on 
Appropriations; for repairs, alterations, and minor construction at 
the James J. Rowley Secret Service Training Center; for research 
and development; for making grants to conduct behavioral research 
in support of protective research and operations; not to exceed 
$12,500 for official reception and representation expenses; not to 
104 STAT. 1396 
PUBLIC LAW 101-509—NOV. 5, 1990 
exceed $15,000 to assist in hosting the Biennial Conference of the 
Organization of Women in Federal Law Enforcement; to be held 
during fiscal year 1991; not to exceed $50,000 to provide technical 
assistance and equipment to foreign law enforcement organizations, 
in counterfeit investigations; for pa3mient in advance for commer-
cial accommodations as may be necessary to perform protective 
functions; and for uniforms without regard to the general purchase 
price limitation for the current fiscal year; $406,700,000, of which 
$2,500,000 shall remain available until expended for renovations at 
the temporary official residence of the Vice President and $1,600,000 
to remain available until expended for renovations of the New York 
Field Office; and of which not to exceed $300,000 shall be made 
available for the protection at the one nongovernmental property 
designated by the President of the United States under provisions of 
section 12 of the Presidential Protection Assistance Act of 1976 (18 
U.S.C. 3056 note). 
TREASURY DEPARTMENT—GENERAL PROVISIONS 
SECTION 101. Appropriations to the Treasury Department in this 
Act shall be available for uniforms or allowances therefor, as 
authorized by law (5 U.S.C. 5901), including maintenance, repairs, 
and cleaning; purchase of insurance for officigd motor vehicles 
operated in foreign countries; entering into contracts with the 
E)epartment of State for the furnishing of health and medical serv-
ices to employees and their dependents serving in foreign countries; 
and services as authorized by 5 U.S.C. 3109. 
SEC. 102. None of the funds appropriated by this title shall be used 
in connection with the collection of any underpajonent of £uiy tax 
imposed by the Internal Revenue Code of 1954 unless the conduct of 
officers and employees of the Internal Revenue Service in connec-
tion with such collection complies with subsection (a) of section 805 
(relating to communications in connection with debt collection), and 
section 806 (relating to harassment or abuse), of the Fair Debt 
Collection Practices Act (15 U.S.C. 1692). 
SEC. 103. Not to exceed 2 per centum of any appropriations in this 
Act for the Department of the Treasury may be transferred between 
such appropriations. Notwithstanding any authority to transfer 
funds between appropriations contained in any other Act, no trans-
fer may increase or decrease any appropriation in this Act by more 
than 2 per centum and any such proposed transfers shall be 
approved in advance by the Committees on Appropriations of the 
House and Senate. 
This title may be cited as the "Treasury Department Appropria-
tions Act, 1991". 
Postal Service 
TITLE II 
Appropriations 
^*^' ^^^^ 
UNITED STATES POSTAL SERVICE 
PAYMENT TO THE POSTAL SERVICE FUND 
For payment to the Postal Service Fund for revenue forgone on 
free and reduced rate mail, pursuant to subsection (c) of section 2401 
of title 39, United States Code; $472,592,000: Provided, That mail for 
overseas voting and mail for the blind shall continue to be free: 
Provided further. That six-day delivery and rural delivery of mail 
39 use 403 note, 
shall Continue at not less than the 1983 level: Provided further. That 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1397 
none of the funds made available to the Postal Service by this Act 
shall be used to implement any rule, regulation, or policy of charg-
ing any officer or employee of any State or local child support 
enforcement agency, or any individual participating in a State or 
local program of child support enforcement, a fee for information 
requested or provided concerning an address of a postal customer: 
Provided further, That none of the funds provided in this Act shall 
be used to consolidate or close small rural and other small post 
offices in the fiscal year ending on September 30,1991. 
PAYMENT TO THE POSTAL SERVICE FUND FOR NONFUNDED LIABILITIES 
For payment to the Postal Service Fund for meeting the liabilities 
of the former Post Office Department to the Employees' Compensa-
tion Fund pursuant to 39 U.S.C. 2004, $38,142,000. 
UNITED STATES POSTAL SERVICE 
GENERAL PROVISIONS 
SECTION. 1. ELIMINATION OF SUBSIDIES FOR BULK THIRD-CLASS MAIL 
CONTAINING CERTAIN ADVERTISING MATTER 
(a) IN GENERAL.—Section 3626 of title 39, United States Code, is 
amended by adding at the end the following: 
"(jXD In the administration of this section, the rates for mail 
under former section 445203) or 4452(c) of this title shedl not apply to 
mail which advertises, promotes, offers, or, for a fee or consider-
ation, recommends, describes, or announces the availability of— 
"(A) any credit, debit, or charge card, or similar financial 
instrument or account, provided by or through an arrangement 
with any person or organization not authorized to mail at the 
rates for mail under former section 44520)) or 4452(c) of this 
title; 
"(B) any insurance policy, unless the organization which pro-
motes the purchase of such policy is authorized to mail at the 
rates for mail under former section 4452(b) or 4452(c) of this 
title, the policy is designed for and primarily promoted to the 
members, donors, supporters, or beneficiaries of the organiza-
tion, and the coverage provided by the policy is not generally 
otherwise commercially available; or 
"(C) any travel arrangement, unless the orgeuiization which 
promotes the arrangement is authorized to mail at the rates for 
mail under former section 44520t)) or 4452(c) of this title, the 
travel contributes substantially (aside from the cultivation of 
members, donors, or supporters, or the acquisition of income or 
funds) to one or more of the purposes which constitutes the 
basis for the organization's authorization to mail at such rates, 
and the arrangement is designed for and primarily promoted to 
the members, donors, supporters, or beneficiciries of the 
organization. 
"(2) Matter shall not be excluded from being mail at the rates for 
mail under former section 4452(b) or 4452(c) of this title, by an 
organization authorized to mail at those rates solely because— 
"(A) such matter contains, but is not primarily devoted to, 
acknowledgements of organizations or individusQs who have 
made donations to the authorized organization; or 
104 STAT. 1398 
PUBLIC LAW 101-509—NOV. 5, 1990 
"(B) such matter contains, but is not primarily devoted to, 
references to and a response card or other instructions for 
making inquiries concerning services or benefits available as a 
result of membership in the authorized organization: Provided, 
That advertising, promotionsd, or application materials specifi-
cally concerning such services or benefits are not included. 
"(3) Upon request, an organization authorized to mail at the rates 
for mail under former section 4452(b) or 4452(c) of this title shall 
furnish evidence to the Postal Service concerning the eligibility of 
any of its mail matter or mailings to be sent at those rates. 
"(kXD No person or organization shall mail, or cause to be mailed 
by contractual agreement or otherwise, at the rates for mail under 
former section 4452(b) or 4452(c) of this title, any matter to which 
those rates do not apply. 
"(2) The Postal Service may assess a postage deficiency in the 
amount of the unpaid postage against any person or organization 
which violates paragraph (1) of this subsection. This assessment 
shall be deemed the final decision of the Postal Service, unless the 
party against whom the deficiency is assessed appeals it in writing 
within thirty days to the postmaster of the office where the mailing 
was entered. Such an appeal shall be considered by an officisd 
designated by the Postal Service, other than the postmaster of the 
office where the mailing was entered, who shall issue a decision as 
soon as practicable. This decision shall be deemed final unless the 
party against whom the deficiency was assessed appeals it in writing 
within thirty days to a further reviewing official designated by the 
Postal Service, who shall issue the final decision on the matter. 
"(3) The Postal Service shall maintain procedures for the prompt 
collection of postage deficiencies arising from the violation of para-
graph (1) of this subsection, and may in its discretion, follow the 
issuance of a final decision regarding a deficiency under paragraph 
(2) of this subsection deduct the amount of that deficiency incurred 
during the previous 12 months from any postage accounts or other 
monies of the violator in its possession.". 
(b) CONFORMING AMENDMENT.—Section 2401(c) of title 39, United 
States C!ode, is amended by striking "3626(a)-(h)" and inserting 
"3626(a)-(h) and O')-(k)". 
39 use 2401 
(c) EFFECTIVE DATE.—The amendment enacted by this section 
note. 
shall become effective ninety days after the date of enactment of 
this Act. 
39 u s e 3626 
SEC. 2. FORBEARANCE REGARDING CERTAIN POSTAGE DEFICIENCIES. 
(a) IN GENERAL.—The United States Postal Service may forbear 
from the collection of any postage deficiency assessed against an 
organization authorized to mail at the rates for mail under former 
section 4452(b) or 4452(c) of title 39, United States Code, if the 
assessment of that deficiency arises from a violation of the coopera-
tive mailing regulations of the Postal Service set forth at section 
625.5 of the Domestic Mail Manual, and the Postal Service has made 
no determination that the organization knowingly or willfully vio-
lated such regulations. If any organizations authorized to mail at 
the rates for mail under former section 4452(b) or 4452(c) of title 39, 
United States Code, has paid on its own behalf all or part of a 
postage deficiency which the Postal Service would forbear from 
collecting under this section, the Postal Service may refund to that 
organization the amount which it has paid. 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1399 
(b) EFFECTIVE DATE AND APPLICABILITY.—The provisions of this 
section shall become effective on the date of enactment of this Act, 
and shall apply to mailings which were sent on or between July 1, 
1986, and the effective date of this section. 
SEC. 3. Section 3626 of title 39, United States Code, as amended by 
the General Provisions of title II, is further amended by adding at 
the end the following: 
"(k) In the administration of this section, the term 'advertising', as 
used in former section 4358(jX2) of this title, does not include the 
publisher's own advertising in a publication published by the official 
highway or development agency of a State.". 
This title may be cited as the "Postal Service Appropriations Act, 
1991". 
TITLE III 
Executive Office 
Appropriations 
EXECUTIVE OFFICE OF THE PRESIDENT 
^'^' ^^^^ 
COMPENSATION OF THE PRESIDENT 
For compensation of the President, including an expense allow-
ance at the rate of $50,000 per annum as authorized by 3 U.S.C. 102; 
$250,000: Provided, That none of the funds made available for 
3 USC102 note. 
official expenses shall be expended for any other purpose and any 
unused amount shall revert to the Treasury pursuant to section 
1552 of title 31 of the United States Code: Provided further, That 
none of the funds made available for official expenses shall be 
considered as taxable to the President. 
OFFICE OF ADMINISTRATION 
SALARIES AND EXPENSES 
For 
necessary 
expenses 
of the 
Office 
of 
Administration; 
$25,410,000, of which not less than $500,000 shall remain available 
until expended for the White House Conference on Indian EJdu-
cation, including services as authorized by 5 U.S.C. 3109 and 3 
U.S.C. 107, and hire of passenger motor vehicles. 
THE WHITE HOUSE OFFICE 
SALARIES AND EXPENSES 
For necessary expenses for the White House as authorized by law, 
including not to exceed $3,850,000 for services as authorized by 5 
U.S.C. 3109 and 3 U.S.C. 105; including subsistence expenses as 
authorized by 3 U.S.C. 105, which shall be expended and accounted 
for as provided in that section; hire of passenger motor vehicles, 
newspapers, periodicals, teletype news service, and travel (not to 
exceeid $100,000 to be expended and accounted for as provided by 3 
U.S.C. 103); not to exceed $20,000 for official entertainment ex-
penses, to be available for allocation within the Executive Office of 
the President; $32,799,000. 
104 STAT. 1400 
PUBLIC LAW 101-509—NOV. 5, 1990 
EXECUTIVE RESIDENCE AT THE WHITE HOUSE 
OPERATING EXPENSES 
For the care, maintenance, repair and alteration, refurnishing, 
improvement, heating and lighting, including electric power and 
fixtures, of the Executive Residence at the White House and official 
entertainment expenses of the President; $8,495,000, of which 
$500,000 for the rehabilitation of the White House kitchens shall 
remain available until expended, and of which $1,202,000 for the 
repair of the face of the Executive Residence shall remain available 
until expended, to be expended and accounted for as provided by 3 
U.S.C. 105,109-110,112-114. 
OFFICIAL RESIDENCE OF THE VICE PRESIDENT 
OPERATING EXPENSES 
For the care, maintenance, repair and alteration, refurnishing, 
improvement, heating and lighting, including electric power and 
fixtures, of the official residence of the Vice President, the hire of 
passenger motor vehicles, and not to exceed $90,000 for official 
entertainment expenses of the Vice President, to be accounted for 
solely on his certificate; $626,000: Provided, That advances or repay-
ments or transfers from this appropriation may be made to any 
department or agency for expenses of carr3dng out such activities. 
SPECIAL ASSISTANCE TO THE PRESIDENT 
SALARIES AND EXPENSES 
For necessary expenses to enable the Vice President to provide 
assistance to the President in connection with specially assigned 
functions, services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106, 
including subsistence expenses as authorized by 3 U.S.C. 106, which 
shall be expended and accounted for as provided in that section; and 
hire of passenger motor vehicles; $2,587,000. 
COUNCIL OF ECONOMIC ADVISERS 
For necessary expenses of the Council in canying out its functions 
under the Employment Act of 1946 (15 U.S.C. 1021); $3,064,000. 
OFFICE 
OF 
POLICY 
DEVELOPMENT 
SALARIES AND EXPENSES 
Fpr necessary expenses of the Office of Policy Development, 
including services as authorized by 5 U.S.C. 3109, and 3 U.S.C. 107; 
$3,395,000. 
NATIONAL CRITICAL MATERIALS COUNCIL 
SALARIES AND EXPENSES 
For necessary expenses of the National Critical Materials Council, 
including activities as authorized by Public Law 98-373; $400,000: 
Provided, That a minimum level of 5 permanent full-time equivalent 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1401 
positions shall be hired and maintained by the National Critical 
Materials Council for fiscal year 1991. 
NATIONAL SECURITY COUNCIL 
SALARIES AND EXPENSES 
For necessary expenses of the National Security Council, includ-
ing services as authorized by 5 U.S.C. 3109; $5,893,000. 
OFFICE OF MANAGEMENT AND BUDGET 
SALARIES AND EXPENSES 
For necessary expenses of the Office of Management and Budget, 
including hire of passenger motor vehicles, services as authorized by 
5 U.S.C. 3109; $48,343,000, of which not to exceed $4,500,000 shall be 
available to carry out the provisions of 44 U.S.C. chapter 35: Pro-
vided, That, as provided in 31 U.S.C. 1301(a), appropriations shall be 
applied only to the objects for which appropriations were made 
except as otherwise provided by law: Provided further. That none of 
the funds appropriated in this Act for the Office of Management and 
Budget may be used for the purpose of reviewing any agricultural 
marketing orders or any activities or regulations under the provi-
sions of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 
601 et seq.): Provided further. That none of the funds made available 
for the CWfice of Management and Budget by this Act may be 
expended for the altering of the transcript of actual testimony of 
witnesses, except for testimony of officials of the Office of Manage-
ment and Budget, before the Committee on Appropriations or the 
Committee on Veterans' Affairs or their subcommittees: Provided 
further. That this proviso shall not apply to printed hearings re-
leased by the Committee on Appropriations or the Committee on 
Veterans' Affairs: Provided further, That none of the funds made 
available by this Act or any other Act shall be used to reduce the 
scope or publication frequency of statistical data relative to the 
operations and production of the alcoholic beverage and tobacco 
industries below fiscal year 1985 levels: Provided further. That none 
of the funds appropriated by this Act shall be available to the Office 
of Management and Budget for revising, curtailing or otherwise 
amending the administrative and/or regulatory methodology em-
ployed by the Bureau of Alcohol, Tobacco and Firearms to assure 
compliance with section 105, title 27 of the United States Code 
(Federal Alcohol Administration Act) or with regulations, rulings or 
forms promulgated thereunder. 
OFFICE 
OF 
FEDERAL 
PROCUREMENT 
POLICY 
SALARIES AND EXPENSES 
For expenses of the Office of Federal Procurement Policy, includ-
ing services as authorized by 5 U.S.C. 3109; $2,914,000. 
104 STAT. 1402 
PUBLIC LAW 101-509—NOV. 5, 1990 
OFFICE OF NATIONAL DRUG CONTROL POLICY 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Office of National Drug Control 
Policy; for research activities pursuant to title I of Public Law 100-
690; not to exceed $7,500 for official reception and representation 
expenses; for participation in joint projects or in the provision of 
services on matters of mutual interest with nonprofit, research, or 
public organizations or agencies, with or without reimbursement; 
$99,000,000, of which $82,000,000 shall be available for drug control 
activities which are consistent with the approved strategy for each 
of the designated High Intensity Drug Trafficking Areas: Provided, 
That of the $82,000,000 made available, $50,000,000 shall be trans-
ferred to Federal agencies and departments for implementing ap-
proved strategies and shall be obligated by the end of fiscal year 
1991: Provided further. 
That of the $82,000,000, not less than 
$32,000,000 shall be transferred to the Department of Justice and 
the Department of the Treasury for disbursement to State and local 
entities for drug control activities which are consistent with the 
approved strategy for each designated High Intensity Drug Traffick-
ing Area: Provided further. That in the case of the Southwest Border 
High Intensity Drug Trafficking Area such funds shall be available 
only for drug control activities which are consistent with the ap-
proved strategy and approved by the Drug Advisory Board of the 
affected State: Provided further. That the Office is authorized to 
accept, hold, administer, and utilize gifts, both real and personal, for 
the purpose of aiding or facilitating the work of the Office. 
SPECIAL FORFEITURE FUND 
(INCLUDING T R A N S F E R OF FUNDS) 
For activities authorized by Public Law 100-690, $46,000,000 to be 
derived from deposits in the Special Forfeiture Fund; of which 
$4,548,000 shall be transferred to Federal Bureau of Investigation, 
"Sgilaries and expenses"; of which $2,637,000 shall be transferred to 
Immigration and Naturalization Service, "Salaries and expenses"; 
of which $6,941,000 shall be transferred to Interagency Law Enforce-
ment, "Organized Crime Drug Enforcement"; of which $18,884,000 
shall be trsinsferred to United States Customs Service, "Salaries and 
expenses"; of which $3,856,000 shall be transferred to Bureau of 
Alcohol, Tobacco and Firearms, "Salaries and expenses"; of which 
$3,059,000 shall be transferred to Internal Revenue Service, "Tax 
law enforcement"; of which $91,000 shall be transferred to Secret 
Service, "Salaries and expenses"; of which $4,984,000 shall remain 
available until expended for automated data processing enhance-
ments at the El Paso Intelligence Center; and of which $1,000,000 
shall remain available until expended to implement section 7604 of 
Public Law 100-690, the National Commission on Measured Re-
sponses to Achieve a Drug-Free America by 1995 Authorization Act: 
Wages. 
Provided, That amounts transferred under this heading shall be 
Government 
used for salaries and expenses of drug enforcement personnel. 
employees. 
PUBLIC LAW 101-509—NOV. 5, 1990 
OFFICE OF NATIONAL DRUG CONTROL POLICY 
104 STAT. 1403 
GENERAL PROVISION 
SECTION 1. Section 524(c)(9) of title 28, United States Code is 
amended by deleting the second sentence and inserting the follow-
ing: "For each of fiscal years 1991, 1992, and 1993, the Attorney 
Greneral shall transfer not to exceed $150,000,000 in unobligated 
amounts available in the Fund to the Special Forfeiture Fund: 
Provided, That such amounts will be transferred on a quarterly 
basis: Provided further. That, upon each transfer, not to exceed 
$15,000,000, or, if determined by the Attorney General to be nec-
essary to meet forfeiture program expenses, an amount not to 
exceed one-tenth of the previous year's obligations shall be retained 
in the Fund and remain available for payment of authorized ex-
penses: Provided further, That, any unobligated amounts in excess 
of $150,000,000 shall remain on deposit in the Fund.". 
UNANTICIPATED NEEDS 
UNANTICIPATED NEEDS 
For expenses necessary to enable the President to meet unantici-
pated needs, in furtherance of the national interest, security, or 
defense which may arise at home or abroad during the current fiscal 
year; $1,000,000. 
This title may be cited as the "Executive Office Appropriations 
Act, 1991". 
TITLE IV 
INDEPENDENT AGENCIES 
ADMINISTRATIVE CONFERENCE OF THE UNITED STATES 
SALARIES AND EXPENSES 
For necessary expenses of the Administrative Conference of the 
United States, established by the Administrative Conference Act, as 
amended (5 U.S.C. 571 et seq.), including not to exceed $1,000 for 
official reception and representation expenses; $2,079,000. 
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); $1,300,000, and additional amounts not 
to exceed $200,000, collected ifrom the sale of publications shall be 
credited to and used for the purposes of this appropriation. 
ADVISORY COMMITTEE ON FEDERAL PAY 
SALARIES AND EXPENSES 
For necessary expenses of the Advisory Committee on Federal Reports. 
Pay, established by 5 U.S.C. 5306; $207,000: Provided, That the 
Independent 
Agencies 
Appropriations 
Act, 1991. 
104 STAT. 1404 
PUBLIC LAW 101-509—NOV. 5, 1990 
annual report of the Advisory Committee on Federal Pay shall be 
submitted to the Appropriations Committees of the House and 
Senate and other appropriate Committees of the Congress at the 
same time the report is submitted to the President. 
COMMITTEE FOR PURCHASE FROM THE BLIND AND OTHER 
SEVERELY HANDICAPPED 
SALARIES AND EXPENSES 
For necessary expenses of the Committee for Purchase From the 
Blind £ind Other Severely Handicapped established by the Act of 
June 23,1971, Public Law 92-28 $1,160,000. 
FEDERAL ELECTION COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses to carry out the provisions of the Federal 
Election Campaign Act of 1971, as amended; $17,150,000, of which 
not to exceed $5,000 shall be available for reception and representa-
tion expenses. 
GENERAL SERVICES ADMINISTRATION 
REAL PROPERTY ACTIVITIES 
FEDERAL BUILDINGS FUND 
UMITATIONS ON AVAILABILITY OF REVENUE 
For additional expenses necessary to carry out the purpose of the 
Fund established pursuant to section 210(f) of the Federal Property 
and Administrative Services Act of 1949, as amended (40 U.S.C. 
490(f)), $1,645,733,000 to be deposited into said Fund. The revenues 
and collections deposited into said Fund shall be available for 
necessary expenses of real property management and related activi-
ties not otherwise provided for, including operation, maintenance, 
and protection of federally owned and leased buildings; rental of 
buildings in the District of Columbia; restoration of leased premises; 
moving governmental agencies (including space adjustments and 
telecommunications relocation expenses) in connection with the 
assignment, allocation and transfer of space; contractual services 
incident to cleaning or servicing buildings and moving; repair and 
alteration 
of 
federally 
owned 
buildings 
including 
grounds, 
approached and appurtenances; care and safeguarding of sites; 
maintenance, preservation, demolition, and equipment; acquisition 
of buildings and sites by purchase, condemnation, or as other-
wise authorized by law; conversion and extension of federally owned 
buildings; preliminary planning and design of projects by contract 
or otherwise; construction of new buildings (including equipment for 
such buildings); and payment of principal, interest, taxes, and any 
other obligations for public buildings acquired by installment pur-
chase and purchase contract, in the aggregate amount of 
$5,268,651,800 of which (1) not to exceed $1,460,678,000 shall remain 
available until expended for construction of additional projects at 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1405 
locations and at maximum construction improvement costs (includ-
ing funds for sites and expenses) as follows: 
New Construction: 
Arizona: 
Flagstaff, a grant to Northern Arizona University, South-
west Forestry Science Complex, $4,500,000 
California: 
East Los Angeles, a grant to California State University, 
$350,000 
Los Angeles, a grant to the Japanese American National 
Museum, $39,000 
Los Angeles, a grant to Marymount Loyola University, 
$4,000,000 
Menlo Park, U.S. Geological Survey, Laboratory Building 
A, $22,000,000 
Sacremento, John E. Moss Federal Building U.S. Court-
house, Extension, $5,801,000 
San Diego, a grant to Children's Hospital, $1,750,000 
Colorado: 
Denver, a grant to the National Research Center for 
Environmental Lung Disease, $1,000,000 
District of Columbia: 
A grant to the American Indian Higher Education 
Consortium, $1,908,000 
A grant to the D.C. Children's National Medical Center, 
$1,750,000 
Federal Bureau of Investigation, Field Office, $37,800,000: 
Provided, That such funds shall be obligated only upon the 
advance approval of the House Committee on Public Works 
and Transportation and the Senate Committee on Environ-
ment and Public Works 
Department 
of 
Transportation, 
Headquarters, 
site, 
$50,000,000: Provided, That such funds shall be obligated 
only upon the advance approval of the House and Senate 
Committees on Appropriations and the House Committee 
on Public Works and Transportation and Senate Committee 
on Environment and Public Works 
Southeast Federal Center, $88,000,000: Provided, That 
such funds shall be obligated only upon the advance ap-
proval of the House Committee on Public Works and 
Transportation and Senate Committee on Environment and 
Public Works 
Florida: 
Miami, a grant to Mt. Sinai Medical Center, $1,750,000 
Georgia: 
Athens, a grant to University of (Jeorgia, Dean Rusk 
Center for International and Comparative Law, $1,000,000 
Augusta, U.S. Courthouse, $353,000 
Idaho: 
Moscow, a grant to University of Idaho, Environmental 
Laboratory, $5,800,000 
Illinois: 
Chicago, John C. Klucz3mski Federal Building, Claim, 
$455,000 
Iowa: 
Ames, a grant to Iowa State University, Midwest 
Supercomputer Access Center, $2,200,000 
104 STAT. 1406 
PUBLIC LAW 101-509—NOV. 5, 1990 
Kansas: 
Kansas 
City, 
Federal 
Building 
U.S. 
Courthouse, 
$29,475,000 
Pittsburg, a grant to Pittsburg State University, School of 
Technology Complex, $5,000,000 
Louisiana: 
Shreveport, Federal Building and U.S. Courthouse, 
$24,669,000 
Maryland: 
Baltimore, a grant for planning and design of Christopher 
Columbus Center on Marine Research and Exploration, 
$4,000,000 
College Park, a grant to the University of Maryland for 
superconducting materials research, $1,375,000 
Prince Georges County, Internal Revenue Service, 
$206,502,000 
Prince Georges County, U.S. Courthouse, $21,883,000 
Massachusetts: 
Boston, Federal Building U.S. Courthouse, $184,200,000 
Waltham, a grant to establish and construct a National 
Center for Complex Systems at Brandeis University, 
$4,000,000 
Woods Hole, a grant for the continued development of the 
Marine 
Biomedical 
Institute 
for 
Advanced 
Studies, 
$4,750,000 
Michigan: 
Houghton, a grant to Michigan Technological University 
for construction of a center for applied metallurgical, min-
erals, and materials research, $1,750,000 
Minnesota: 
Minneapolis, Federal Building and U.S. Courthouse, 
$68,772,000 
Montana: 
Great Falls, a grant to the McLaughlin Research In-
stitute for Biomedical Sciences, $5,000,000 
Nebraska: 
Lincoln, a grant to University of Nebraska, George W. 
Beadle Center for Genetic and Biomatenals Research, 
$4,500,000 
Omaha, a grant to Creighton University, Criss Research 
Building, $2,000,000 
Nevada: 
Carson City, Federal Building-Post Office, 
parking 
construction, $50,000 
New Jersey: 
Camden, Post Office and Courthouse Annex, Elscalation, 
$8,903,000 
New Mexico: 
Alamc^ordo, a grant to the Primate Research Institute, 
Site and Facilities, to be constructed on a site leased from 
the United States Air Force at Holloman Air Force Base, 
$4,000,000 
Albuquerque, a grant to Sandia National Laboratory for 
research in environmentally conscious manufacturing, 
$3,000,000 
New York: 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1407 
New York, a grant to Columbia University, Center for 
Disease Prevention, $1,000,000 
Rochester, a grant to Rochester Institute of Technology 
for a strategic materials research center, $1,750,000 
White Plains, Courthouse, $26,350,000 
Oregon: 
Portland, Courthouse Annex, $33,320,000 
Pennsylvania: 
Philadelphia, a grant to the Philadelphia Urban League 
for the administration of a community-based drug preven-
tion program, $778,000 
WUkes-Barre, Social Security Administration Data Oper-
ations Center, escalations, $11,905,000 
Knoxville, U.S. Courthouse-Post Office, $3,431,000 
Texas: 
College Station, a grant to Texas A&M University for the 
establishment of the Institute for National Drug Abate-
ment Research at the Texas Engineering Experiment Sta-
tion, $1,000,000 
El Paso, a grant to the University of Texas, $1,750,000 
Virginia: 
Alexandria, U.S. Courthouse, $58,202,000 
Northern 
Virginia 
Naval 
Systems 
Commands, 
$273,000,000 
West Virginia: 
Charleston, 
Federal 
Building 
U.S. 
Courthouse, 
$80,407,000 
Nonprospectus construction projects, $5,000,000 
Provided, That each of the immediately foregoing limits of costs on 
new construction projects may be exceeded to the extent that sav-
ings are effected in other such projects, but by not to exceed 10 per 
centum: Provided further. That all funds for direct construction 
projects shall expire on September 30, 1992 and remain in the 
Federal Buildings Fund except funds for projects as to which funds 
for design or other funds have been obligated in whole or in part 
prior to such date: Provided further. That claims against the 
Government of less than $100,000 arising from direct construction 
projects, acquisitions of buildings and purchase contract projects 
pursuant to Public Law 92-313, be liquidated with prior notification 
to the Committees on Appropriations of the House and Senate to the 
extent savings are effected in other such projects; (2) not to exceed 
$790,251,800 which shall remain available until expended, for re-
pairs and alterations: Provided further. That funds in the Federal 
Buildings Fund for Repairs and Alterations shall, for prospectus 
projects, be limited to the amount by project as follows, except each 
project may be increased by an amount not to exceed 10 per centum 
unless advance approval is obtained from the Committees on Appro-
priations of the House and Senate for a greater amount: 
Repairs and Alterations: 
California: 
Sacramento, John E. Moss Federal Building U.S. Court-
house, $10,990,000 
San Diego, Federal Building and U.S. Courthouse, 
$7,836,000 
San Francisco, Appraisers Building, $3,958,000 
San Francisco, Customhouse, $9,508,000 
104 STAT. 1408 
PUBLIC LAW 101-509—NOV. 5, 1990 
Colorado: 
Lakewood, 
Denver 
Federal 
Center, 
Building 
56, 
$8,584,000 
District of Columbia: 
Washington, DC Area Elevators, $16,500,000 
Hubert H. Humphrey Federal Building, $7,300,000 
National Building Museum, Pension Building, $4,500,000 
Veterans'Administration Building, $26,000,000 
Ceorgia: 
Richard B. Russell Federal Building and United States 
Courthouse, $3,544,000 
Illinois: 
Chicago, Customhouse (phase 2), $10,260,000 
Chicago, Everett McKinley Dirksen Building (phase 2), 
$37,700,000 
Chicago, Federal Building, 536 S. Clark Street (phase 2), 
$6,248,000 
Indiana: 
Indianapolis, 
Feder£d 
Building 
and 
Courthouse, 
$3,908,000 
Minnesota: 
Saint Paul, Warren E. Burger Federal Building and 
United States Courthouse, $7,633,000 
New Jersey: 
Newark, 
Peter 
W. Rodino, Jr. 
Federal 
Building, 
$3,755,000 
New York: 
New York, Bowling Green Customhouse (phase 1), 
$4,727,000 
New York, Emanuel Celler Federal Building and U.S. 
Courthouse, $3,915,000 
New York, Jacob K. Javits Federal Buildmg, $13,721,000 
Rochester, Kenneth B. Keating Federal Building and U.S. 
Courthouse, $1,994,000 
Oklahoma: 
Oklahoma City, Post Office and Courthouse, $11,242,000 
Pennsylvania: 
Philadelphia, Customhouse, $20,166,000 
Pittsburgh, Post Office and Courthouse, $2,700,000 
Tennessee: 
Nashville, Estes Kefauver Federal Building and U.S. 
Courthouse Annex, $4,616,000 
Texas* 
Dallas, Federal Building (Terminal Annex), $4,307,000 
Maryland: 
Avondale, 
Federal 
Executive 
Training 
Center, 
$10,000,000 
Virginia: 
Arlington, Pentagon, $35,500,000 
Portsmouth, Federal Building, $1,700,000 
Washington: 
Seattle, Federal Office Building, $17,932,000 
Spokane, Federal Building and Post Office, $5,071,000 
Capital Improvements of United States-Mexico Border Facilities, 
$211,659,800 as follows: 
Arizona: 
Naco, New Border Station, $3,497,500 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1409 
Nogales, Grand Avenue, Border Station, site and drain-
age, $3,200,000 
Sasabe, New Border Station, $3,185,000 
California: 
Andrade, New Border Station, $6,400,700 
Calexico, New Border Station, $41,395,000 
Otay Mesa, New Border Station, $14,112,700 
San Ysidro, Border Station, $8,000,000 
Tecate, New Border Station, $10, 367,500 
New Mexico: 
Santa Teresa, New Border Station, $6,000,000 
Sunland Park, New Border Station, planning, $500,000 
Brownsville, New Border Station, $17,520,000 
Brownsville, Gateway Bridge, Border Station, $3,500,000 
Columbia/West Laredo, New Border Station, $12,991,000 
Del Rio, Border Station, $13,042,000 
El Paso, Bridge of the Americas, Border Station, 
$5,291,000 
Laredo/Juarez-Lincoln 
Bridge, 
Border 
Station, 
$25,679,400 
Los Indios, New Border Station, $7,934,000 
Ysleta, New Border Station, $9,044,000 
Southwest Border: 
New Border Stations, $20,000,000 
Minor Repairs and Alterations, $272,777,000, including $1,600,000 
for Building No. 6, World Trade Center, New York, New York: 
Provided, That additional projects for which prospectuses have been 
fully approved may be funded under this category only if advance 
approval is obtained from the Committees on Appropriations of the 
House and Senate: Provided further. That all funds for repairs and 
alterations prospectus projects shall expire on September 30, 1992, 
and remain in the Federal Buildings Fund except funds for projects 
as to which funds for design or other funds have been obligated in 
whole or in part prior to such date; (3) not to exceed $136,579,000 for 
installment acquisition payments including payments on purchase 
contracts; (4) not to exceed $1,473,804,000 for rental of space; (5) not 
to exceed $1,037,200,000 for real property operations; (6) not to 
exceed $90,781,000 for program direction and centralized services; 
and (7) not to exceed $247,665,000 for design and construction serv-
ices of which $5,500,000 shall be available for pa3anent to a public 
entity in fiscal year 1991 to house the Bureau of Mines, the United 
States Geological Survey and the National Weather Service in 
Tucson, Arizona, such location to be designated by the housed 
agencies and such agencies are to be housed rent free, exclusive of 
operating expenses, in such location; for design and construction 
services which shall remain available until expended, including 
expenses for preliminary design for a 300,000 square foot Govern-
ment-owned facility for the Center for Disease Control at their 
campus on Clifton Road in Atlanta, Georgia, such expenses to be 
reimbursed to GSA by the Center for Disease Control: Provided 
further. That for the purposes of this authorization, buildings con-
structed pursuant to the purchase contract authority of the Public 
Buildings Amendments of 1972 (40 U.S.C. 602a), and buildings under 
the control of another department or agency where alterations of 
such buildings are required in connection with the moving of such 
other department or agency from buildings then, or thereafter to be. 
104 STAT. 1410 
PUBLIC LAW 101-509—NOV. 5, 1990 
under the control of the Greneral Services Administration shall be 
considered to be federally owned buildings: Provided further. That 
none of the funds available to the General Services Administration 
with the exception of those of Capital Improvements of United 
States-Mexico Border Facilities; the Augusta, (Jeorgia, United States 
Courthouse; the Boston, Massachusetts, Federal Building United 
States Courthouse; the Carson City, Nevada, Federal Building-Post 
Office parking facility; the Shreveport, Louisiana, Federal Building 
and United States Courthouse; the District of Columbia Pension 
Building, National Building Museum; the KnoxvUle, Tennessee, 
United States Courthouse-Post Office; the Charleston, West Vir-
ginia, Federal Building United States Courthouse; Building No. 6, 
World Trade Center, New York, New York; and the Tuscon, Ari-
zona, United States (Jeological Survey, National Weather Service, 
and Bureau of Mines space expansion shall be available for expenses 
in connection with any construction, repair, alteration, and acquisi-
tion project for which a prospectus, if required by the Public Build-
ings Act of 1959, as amended, has not been approved, except that 
necessary funds may be expended for each project for required 
expenses in connection with the development of a proposed prospec-
tus: Provided further. That funds available in the Federal Buildings 
Fund may be expended for emergency repairs when advance 
approval is obtained from the Committees on Appropriations of the 
House and Senate: Provided further. That amounts necessary to 
provide reimbursable special services to other agencies under sec-
tion 210(fX6) of the Federal Property and Administrative Services 
Act of 1949, as amended (40 U.S.C. 490(fK6)) and amounts to provide 
such reimbursable fencing, lighting, guard booths, and other facili-
ties on private or other property not in Government ownership or 
control as may be appropriate to enable the United States Secret 
Service to perform its protective functions pursuant to 18 U.S.C. 
3056, £is amended, shall be available from such revenues and collec-
tions: Provided further. That revenues and collections and any other 
sums accruing to this Fund during fiscal year 1991 excluding 
reimbursements under section 210(fX6) of the Federal Property and 
Admmistrative Services Act of 1949 (40 U.S.C. 490(fK6)) in excess of 
$5,268,651,800 shsdl remain in the Fund and shall not be available 
for expenditure except as authorized in appropriations Acts. 
FEDERAL 
SUPPLY 
SERVICE 
OPERATING EXPENSES 
For expenses authorized by law, not otherwise provided for, nec-
essary for property msinagement activities, utilization of excess and 
disposal of surplus personal property, rehabilitation of personal 
property, transportation man£igement activities, transportation 
audits by in-house personnel, procurement, and other related supply 
management activities, including services as authorized by 5 U.S.C. 
3109; $53,957,000. 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1411 
FEDERAL PROPERTY RESOURCES SERVICE 
OPERATING EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, necessary for carrying 
out the functions of the Administrator with respect to utilization of 
excess real property; the disposal of surplus real property, the 
utilization survey, deed compliance inspection, appraisal, environ-
mental and cultural analysis, and land use planning functions 
pertaining to excess and surplus real property, including services as 
authorized by 5 U.S.C. 3109; $13,386,000, to be derived from proceeds 
from transfers of excess real property and disposal of surplus real 
property and related personal property, subject to the provisions of 
the Land and Water Conservation Fund Act of 1965, as amended (16 
U.S.C. 4601-5). 
REAL 
PROPERTY 
RELOCATION 
For expenses not otherwise provided for, $8,000,000 to remain 
available until expended, necessary for carrying out the functions of 
the Administrator with respect to relocation of Federal agencies 
from property which has been determined by the Administrator to 
be other than optimally utilized under the provisions of section 
210(e) of the Federal Property and Administrative Services Act of 
1949, as amended: Provided, That $2,500,000 of this amount shall be 
made available to pay expenses related to the relocation of the 
United States Fish and Wildlife Service regional office authorized 
and directed by Public Law 101-136: Provided further, That such 
relocations shall only be undertaken when the estimated proceeds 
from the disposition of the original facilities approximate the 
appraised fair market value of such new facilities and exceed the 
estimated costs of relocation. Relocation costs include expenses for 
and associated with acquisition of sites and facilities, and expenses 
of moving or repurchasing equipment and personal property. These 
funds may be used for payments to other Federal entities to accom-
plish the relocation functions: Provided further, That nothing in this 
paragraph shall be construed as relieving the Administrator of 
Greneral Services or the head of any other Federal agency from any 
obligation or restriction under the Public Buildings Act of 1959 
(including any obligation concerning submission and approval of a 
prospectus), the Federal Property and Administrative Services Act 
of 1949, as amended, or any other Federal law, or as authorizing the 
Administrator of General Services or the head of any other Federal 
agency to take actions inconsistent with statutory obligations or 
restrictions placed upon the Administrator of General Services or 
such agency head with respect to authority to acquire or dispose of 
real property. 
GENERAL MANAGEMENT AND ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses, not otherwise provided, for Policy Direc-
tion, Board of (Uontract Appeals, and accounting, records manajge-
ment, and other support services incident to adjudication of Indian 
Tribal Claims by the United States CJourt of Claims, and services 
104 STAT. 1412 
PUBLIC LAW 101-509—NOV. 5, 1990 
authorized by 5 U.S.C. 3109, $35,100,000: Provided, That this appro-
priation shall be available, for general administrative and staff 
support services, subject to reimbursement by the applicable 
organization or agencies pursuant to subsections (a) and O
t
>
) of 
section 1535 of title 31, United States Code: Provided further. That 
not to exceed $5,000 shall be available for official reception and 
representation expenses. 
INFORMATION RESOURCES MANAGEMENT SERVICE 
OPERATING EXPENSES 
For expenses authorized by law, not otherwise provided for, nec-
essary for carrying out Grovernment-wide and internal responsibil-
ities relating to automated data management, telecommunications, 
information resources management, and related activities, including 
services as authorized by 5 U.S.C. 3109; and for the Information 
Security Oversight Office established pursuant to Executive Order 
12356; $39,961,000. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector (Jeneral 
$30,997,000 of which not to exceed $1,000,000 shall remain available 
until expended for procurement and installment of an automation 
program in support of audits and investigations: Provided, That not 
to exceed $10,000 shall be available for pajnnent for information and 
detection of fraud against the Government, including pa3mient for 
recovery of stolen Government property: Provided further. That not 
to exceed $2,500 shall be available for awards to employees of other 
Federal agencies and private citizens in recognition of efforts and 
initiatives resulting in enhanced Office of Inspector Greneral 
effectiveness. 
ALLOWANCES AND OFFICE STAFF FOR FORMER 
PRESIDENTS 
For carrying out the provisions of the Act o^ August 25, 1958, as 
amended (3 U.S.C. 102 note), and Public Law 95-138; $1,964,000: 
Provided, That the Administrator of Greneral Services shall transfer 
to the Secretary of the Treasury such sums as may be necessary to 
carry out the provisions of such Acts. 
Public lands. 
GENERAL SERVICES ADMINISTRATION—GENERAL 
PROVISIONS 
SECTION 1. The appropriate appropriation or fund available to the 
General Services Administration shall be credited with the cost of 
operation, protection, maintenance, upkeep, repair, and improve-
ment, included as part of rentals received from Grovemment cor-
porations pursuant to law (40 U.S.C. 129). 
SEC. 2. Funds available to the Greneral Services Administration 
shall be available for the hire of passenger motor vehicles. 
SEC. 3. Not to exceed 1 per centum of funds made available in 
appropriations for operating expenses and salaries and expenses, 
during the current fiscal year, may be transferred between such 
appropriations for mandatory program requirements. Any transfers 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1413 
proposed shall be submitted promptly to the Committees on Appro-
priations of the House and Senate for approval. 
SEC. 4. Funds in the Federal Buildings Fund made available for 
fiscal year 1991 for Federal Buildings Fund activities may be trsms-
ferred between such activities only to the extent necessary to meet 
program requirements. Any transfers proposed shall be submitted 
promptly to the Committees on Appropriations of the House and 
Senate for approval. 
SEC. 5. Notwithstanding any other provision of law, the Secretary 
Maryland. 
of the Interior shall transfer to the (Jeneral Services Administra-
tion, without consideration, that parcel of land known as the 
Avondale site comprising approximately 17.8 acres of land located at 
4900 LaSalle Road in the Avondale section of Prince Georges 
County, Maryland, together with any improvements, structures and 
fixtures located thereon: Provided, That the Administrator of Gen-
eral Services after consultation with the Office of Personnel 
Management shall provide for such design and alterations to the 
structures and fixtures located thereon, as may be required, to 
prepare the site for use as a training and seminar center: Provided 
further. That upon completion of such alterations the Administrator 
of Greneral Services shall make the property available to the Direc-
tor of the Office of Personnel Management for use as a Federal 
Executive Training Center (Center) and shall delegate to the Direc-
tor of the Office of Personnel Msmagement any authority necessary 
to operate the Center: Provided further. That the Administrator of 
General Services is authorized and directed to charge the Office of 
Personnel Management, at the time of the delegation, and for a 
period of not to exceed five additional years at rates equal to the net 
revenue generated by operation of the Center in each of such years, 
and that such rates may be less, but not more than, those rates 
provided for under section 210(J) of the Federal Property and 
Administrative Services Act of 1949, as amended: Provided further. 
That the General Services Administration and the Office of Person-
nel Management shall negotiate annual rates in subsequent years 
that will, in the aggregate, including the rates smd operating costs 
charged in the first five years and the recovery of the costs of the 
alterations and additions that are in excess of $10,000,000, and that 
there will be no further charges to the Office of Personnel Manage-
ment, except for routine operational expenses and costs in anticipa-
tion of future repairs subsequent to the recovery of the costs of 
alteration and additions in excess of $10,000,000: Provided further. 
That the $6,500,000 previously authorized for Avondale is no longer 
available for obligation. 
SEC. 6. Notwithstanding any other provision of law, such property 
as may be necessary, but not to exceed twenty acres, at the Belts-
ville Agricultural Research Center located in Beltsville, Maryland, 
may be provided at fair market value to the General Services 
Administration for the purpose of constructing a Federal Court-
house and that any amount resulting from the acquisition of the 
property shall be placed in an escrow account to be available 
hereafter for use in the renovation and restoration of the Beltsville 
Agricultural Research Center, to be released as specified in advance 
in appropriations Acts. 
SEC. 7. Notwithstanding any other provision of law, the Secretary 
of the Interior shall transfer to the Greneral Services Administra-
tion, without consideration, approximately 14 acres of the United 
States Greological Survey Western Region Headquarters together 
104 STAT. 1414 
PUBLIC LAW 101-509—NOV. 5, 1990 
with any improvements, structures and fixtures located thereon. 
The General Services Administration shall construct additional 
facilities for the United States (Jeological Survey on this site. 
40 use 490f. 
SEC. 8. (a) Notwithstanding any other provision of law, agencies 
are hereaifter authorized to make rent payments to the General 
Services Administration for lease space relating to expansion needs 
of the agency and CJeneral Services Administration is authorized to 
use such funds, in addition to the amount received as New 
Obligational Authority in the Rental of Space activity of the Federal 
Buildings Fund. Such payments are to be at the commercial equiva-
lent rates specified by section 201(j) of the Federal Property and 
Administrative Services Act of 1949, as amended (40 U.S.C. 490(j)) 
and are to be deposited into the Fund established pursuant to 
section 210(f) of the Federal Property and Administrative Services 
Act of 1949, as amended (40 U.S.C. 490(f)). 
(b) There are hereby appropriated, out of the Federal Buildings 
Fund, such sums as may be necessary to carry out the purpose of 
subsection (a). 
SEC. 9. None of the funds appropriated by this Act may be 
obligated or expended in any way for the purpose of the sale, 
excessing, surplusing, or disposal of lands in the vicinity of Norfolk 
Lake, Arkansas, administered by the Corps of Engineers, Depart-
ment of the Army, without the specific approval of the Congress. 
SEC. 10. None of the funds appropriated by this Act may be 
obligated or expended in any way for the purpose of the sale, 
excessing, surplusing, or disposal of lands in the vicinity of Bull 
Shoals Lake, Arkansas, administered by the Corps of Engineers, 
Department of the Army, without the specific approval of the 
Congress. 
Massachusetts. 
SEC. 11. Notwithstanding any other provision of law, the Adminis-
trator of General Services is authorized to sell by publicly advertis-
ing for bids and on such terms and conditions as the Administrator 
deems proper, the John W. McCormack Post Office and Courthouse 
located at One Post Office Square in Boston, Massachusetts. All 
proceeds from such sale, less direct expenses incurred in the sale, 
shall be deposited into the fund established under section 21(Kf) of 
the Federal Property and Administrative Services Act. 
SEC. 12. Notwithstanding any other provision of law, the Adminis-
trator of General Services is authorized and directed to provided not 
less th£m 120,000 square feet of storage space, together with addi-
tional space as necessary for office use, to establish a National Long 
Term Records Center in Pittsfield, Massachusetts for the specialized 
storage of Federal agency records by the National Archives and 
Records Administration: Provided, That notwithstanding any other 
provision of law, the Administrator of General Services is au-
thorized and directed to provide not less than 3,000 square feet of 
public space in Pittsfield, Massachusetts for a satellite facility of the 
New England Regional Archives: Provided further, That the Ar-
chivist of the United States shall assign adequate personnel to 
Reports. 
operate the satellite facility established by this section: Provided 
further. That the Administrator of General Services and the Ar-
chivist of the United States shall report on a quarterly basis to the 
House and Senate Committees on Appropriations on the progress 
made to implement the directives in this i^tion and the resources 
necessary to complete the Long Term Records Center and the 
satellite facility. 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1415 
SEC. 13. Notwithstanding the provisions of the Act of September 
13, 1982 (Public Law 97-258, 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. 14. The Administrator of (Jeneral Services is directed to 
coordinate its requirements for office and other space to house 
Government activities by utilizing assets of the Resolution Trust 
Corporation and its receivers and conservators. 
SEC. 15. Notwithstanding any other provision of law, the Fund 
established pursuant to section 210(f) of the Federal Property and 
Administrative Services Act of 1949, as amended (40 U.S.C. 490(f)), is 
authorized to receive any revenues, collections, or other income 
received during fiscal year 1991 in the form of rebates, cash incen-
tives or otherwise, related to energy savings, all of which shall 
remain in the Fund until expended, and remsdn available for 
Federal energy management improvement programs as may be 
authorized by law or as may be deemed appropriate by the 
Administrator of General Services. The (Jeneral Services Adminis-
tration is authorized to use such funds, in addition to amounts 
received as New Obligational Authority, in such activity or activi-
ties of the Fund as may be necessary; Provided, That the General 
Services Administration shall provide the House and Senate 
Committees on Appropriations with a plan to ensure a balanced and 
equitable approach for the relocation of Federal agencies in the 
Washington, D.C. metropolitan area by March 31,1991. 
SEC. 16. Notwithstanding any other provision of law, the General 
Services Administration is hereby authorized to sell, at competitive 
bid, the Federal Building located at 500 Quarrier Street in Charles-
ton, West Virginia, and to deposit such proceeds into the Federal 
Buildings Fund. 
SEC. 17. (a) Notwithstanding any other provision of law, the 
Administrator of General Services is authorized to sell on such 
terms and conditions as the Administrator deems proper, the Fed-
eral Building and United States Courthouse located at 110 South 
Fourth Street in Minneapolis, Minnesota. All proceeds from such 
sale, less direct expenses, shall be deposited into the fund estab-
lished under section 210(f) of the Federal Property and Administra-
tive Services Act, and the General Services Administration is au-
thorized to use such funds, in addition to amounts received as New 
Obligational Authority in the Construction and Acquisition of 
Facilities activity of the Federal Buildings Fund for the construction 
of a new Federal Building and United States Courthouse in Min-
neapolis, Minnesota. 
(b) In addition, the General Services Administration is hereby 
authorized to accept donations from the City of Minneapolis, Min-
nesota and to deposit such donations into the fund established under 
section 210(f) of the Federal Property and Administrative Services 
Act, and the General Services Administration is authorized to use 
such funds, in addition to the amount received as New Obligational 
Authority in the Construction and Acquisition of Facilities activity 
West Virginia. 
Minnesota. 
104 STAT. 1416 
PUBLIC LAW 101-509--NOV. 5, 1990 
of the Federal Buildings Fund for the construction of a new Federal 
Building and United States Courthouse in Minneapolis, Minnesota. 
(c) There are hereby appropriated, out of the Federal Buildings 
Fund, such sums as may be necessary for carrying out the purposes 
of subsections (a) and G)). 
SEC. 18. The Administrator of General Services shall issue a 
request for proposals for the procurement of move management 
services within thirty days sifter enactment of this Act. 
New York. 
SEC. 19. The General Services Administration is authorized to 
utilize and lease space in the Harlem International Trade Center 
located at 125th Street in the county of New York, New York, for 
future Federal long-term office space needs in the Metropolitan New 
York City area up to 200,000 square feet pursuant to the availability 
of Federal tenants. 
The lease rate for such office space shall not exceed comparable 
rates for equivalent space in the surrounding area or comparable 
rates in the Harlem International Trade Center. 
SEC. 20. Notwithstanding any other provision of law, the Greneral 
Services Administration is directed to maintain during the fiscal 
year ending September 30, 1991, the vehicle rental rates and per 
mile rates charged to schools and dormitories funded by the Bureau 
of Indian Affairs that were in effect on June 30, 1990, except for 
subsequent per mile rate adjustments related to fuel cost increases. 
SEC. 21. Notwithstanding any other provision of this Act, the 
amount available in the Federal Buildings Fund for program direc-
tion and centralized services shall not exceed $122,474,000. 
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION 
OPERATING EXPENSES 
For necessary expenses in connection with National Archives and 
Records Administration and related activities, as provided by law, 
and for expenses necessary for the review and declassification of 
documents, and for the hire of passenger motor vehicles, 
$138,219,000, 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 and of which 
$8,000,000 shall remain available until expended for renovations 
and improvements to the John F. Kennedy Library. 
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION 
GENERAL PROVISION 
44 use 2102 
SECTION 1. (aXD The position of Director of the Center for Legisla-
^°^- 
tive Archives within the National Archives and Records Adminis-
tration shall be established without regard to chapter 51 title 5. 
Effective on the first day of the first applicable pay period beginning 
on or aft«r the date of the enactment of this Act, the basic rate of 
pay for such position shall be the minimum rate of pay grade GS-16 
of the General Schedule under section 5332 of title 5, United States 
Code. 
(2) There is established within the Center for Legislative Archives 
within the Nationsd Archives and Records Administration the posi-
tion of Specialist in Congressional History. 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1417 
(b) There shall be made available from funds appropriated in each 
44 USC 2102 
fiscal year to the National Archives and Records Administration, 
note. 
$20,000 for the administrative expenses of the Advisory Committee 
on the Records of Congress established under section 2701 of title 44, 
United States Code. 
(c) There are authorized to be appropriated such sums as may be 
44 USC 2102 
necessary to carry out the purposes of subsections (a) and 0)) of this 
^°^-
section. 
(dXD Title 44, United States Code, is amended by inserting after 
chapter 25, the following new chapter: 
"CHAPTER 27—ADVISORY COMMITTEE ON THE 
RECORDS OF CONGRESS 
"Sec. 
"2701. Advisory Committee on the Records of Congress. 
"2702. Membership; chairman; meetings. 
"2703. Functions of the Committee. 
"2704. Powers of the Committee. 
"2705. Compensation and travel expenses. 
"2706. Administrative provisions. 
"§ 2701. Advisory Committee on the Records of Congress. 
Establishment. 
"(a) There is established the Advisory Committee on the Records 
of Congress (hereafter in this chapter referred to as the Committee). 
"(b) The Committee shall be subject to the provisions of the 
Federal Advisory Committee Act (5 U.S.C. App.), except that the 
Committee shall be of permanent duration, notwithstanding any 
provision of section 14 of the Federal Advisory Committee Act. 
"§ 2702. Membership; chairman; meetings. 
"(a)(1) The Committee shall consist of the eleven members 
including— 
"(A)(i) the Secretary of the Senate; 
"(ii) the Clerk of the House of Representatives; 
"(iii) the Archivist of the United States; 
"(iv) the Historian of the Senate; and 
"(v) the Historian of the House of Representatives; and 
"(B) six members of whom one shall be appointed by each of 
the following: 
"(i) the Speaker of the House of Representatives; 
"(ii) the Minority Leader of the House of Representatives; 
"(iii) the Majority Leader of the Senate; 
"(iv) the Minority Leader of the Senate; 
"(v) the Secretary of the Senate; and 
"(vi) the Clerk of the House of Representatives. 
"(2) Each member appointed under paragraph (1)(B) shall have 
knowledge or expertise in United States history, archival manage-
ment, publishing, library science, or use of legislative records. 
"(b) The Secretary of the Senate shall serve £is Chairman during 
the two-year period beginning on Jgmuary 1, 1991, and the Clerk of 
the House of Representatives shall serve as Chairman during the 
two-year period beginning on January 1, 1993. Thereafter, such 
members shall alternate serving as Chairman for a term of two 
years. 
"(cXD Members of the Committee referred to in subsection 
(aXlXA) shall serve only while holding such offices. Members ap-
pointed to the Committee under subsection (a)(lXB) shall serve for a 
39-194 O - 91 - 3 : QL 3 Part 3 
104 STAT. 1418 
PUBLIC LAW 101-509—NOV. 5, 1990 
term of two years, and may be reappointed without limitation. The 
initial appointments for such terms shall begin on January 1, 1991. 
"(2) Any vacancy on the Committee shall not affect the powers of 
the Committee. Any vacancy in an appointed position on the 
Committee shall be filled in the same manner in which the original 
apjpointment was made. 
'(dXD No later than thirty days after the date on which the first 
session of the 102d Congress begins, the Committee shall hold its 
first meeting. Thereafter, the Committee shall meet semiannually 
or at the call of a majority of its members. 
"(2) Seven members of the Committee shall constitute a quorum, 
but a lesser number may hold hearings. 
"§ 2703. Functions of the Committee 
Reports. 
"The Committee shall— 
Archives and 
"(1) review the management and preservation of the records 
records. 
ofCongress; 
"(2) report to and advise the Congress and the Archivist of the 
United States on such management and preservation; and 
"(3XA) no later than December 31, 1991, conduct a study and 
submit a report to the Congress on— 
"(i) the effect any transfer of records of the National 
Archives and Records Administration from facilities located 
in Washington, D.C., to any location outside of Washington, 
D.C., shall have on the management and preservation of the 
records of Congress; and 
"(ii) the five year plan for the management and preserva-
tion of the records of Congress; and 
"(B) no later than December 31, 1995, conduct a study to 
update the report submitted under subparagraph (AXii), and 
submit a report to the Congress. 
"§ 2704. Powers of the Committee 
"(a) For purposes of carrying out the duties referred to under 
section 2703, the Committee or, on the authorization of the Commit-
tee, any subcommittee or member thereof, may hold such hearings, 
sit and act at such times and places, take such testimony, and 
receive such evidence as is appropriate. 
"O3) The Committee may secure directly from any department or 
agency of the United States such information as the Committee may 
require to carry out the duties referred to under section 2703. Upon 
request of the Chairman of the Committee, the head of such depart-
ment or agency shall furnish such information to the Committee. 
"§ 2705. Compensation and travel expenses 
"A member of the Committee may not be paid compensation for 
service performed as a member of the Committee. However, mem-
bers of the Committee shall be allowed travel expenses, including 
per diem in lieu of subsistence, at rates authorized for employees of 
agencies under subchapter I of chapter 57 of title 5, United States 
C^e, while away from their homes or regular places of business in 
the performance of service for the Committee. 
"§ 2706. Administrative provisions 
"(a) Upon request of the Committee, the head of any Federal 
agency 
is 
authorized 
to 
detail 
to 
the 
Committee, 
on 
a 
nonreimbursable basis, any of the personnel of such agency to assist 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1419 
the Committee in carrying out the duties referred to under section 
2703 and such detail shall be without interruption or loss of civil 
service status or privilege. 
"(b) For purposes of supporting the Committee, the Archivist may 
obtain the services of experts and consultants in accordance with 
the provisions of section 3109 of title 5, United States Code, but at 
rates for individuals not to exceed the daily equivalent of the 
minimum annual rate of basic pay payable for GS-16 of the General 
Schedule under section 5332 of such title.". 
(2) The table of chapters for title 44, United States Code, is 
amended by insering after the item relating to chapter 25 of such 
title the following: 
"27. Advisory Committee on the Records of Congress 
2701". 
OFFICE OF GOVERNMENT ETHICS 
SALARIES AND EXPENSES 
For necessary expenses to carry out functions of the Office of 
Government Ethics pursuant to the Ethics in Government Act of 
1978, as amended by Public Law 100-598, and the Ethics Reform Act 
of 1989, Public Law 101-194, including services as authorized by 5 
U.S.C. 3109, rental of conference rooms in the District of Columbia 
and elsewhere, hire of passenger motor vehicles, and not to 
exceed $1,500 for official reception and representation expenses: 
$3,725,000. 
OFFICE OF PERSONNEL MANAGEMENT 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF TRUST FUNDS) 
For necessary expenses to carry out functions of the Office of 
Personnel Management pursuant to Reorganization Plan Numbered 
2 of 1978 and the Civil Service Reform Act of 1978, including 
services as authorized by 5 U.S.C. 3109, medical examinations per-
formed for veterans by private physicians on a fee basis, rented of 
conference rooms in the District of Columbia and elsewhere, hire of 
passenger motor vehicles, not to exceed $2,500 for official reception 
and representation expenses, and advances for reimbursements to 
applicable funds of the Office of Personnel Msmagement and the 
Federal Bureau of Investigation for expenses incurred under Execu-
tive Order 10422 of January 9, 1953, as amended: Provided, That, 
notwithstanding 31 U.S.C. 3302, the Director is hereby authorized to 
accept gifts for goods and services, which shall be available only for 
hosting National Civil Service Appreciation Conferences, to be held 
in several locations throughout the United States in 1991. Goods and 
services provided in connection with the conference may include, 
but are not limited to, food and refreshments; rental of seminar 
rooms, banquet rooms, and facilities; and use of communications, 
printing and other equipment. Awards of minimal intrinsic value 
will be allowed. Gifts provided by an individual donor shall not 
exceed 50 percent of the total value of the gifts provided at each 
location; $114,461,000, of which up to $250,000 shall be made avail-
able to continue the use of job sharing arrangements in agencies as 
authorized in section 3402 of title 5, United States Code, and of 
which not less than $400,000 nor more than $1,000,000 shall be made 
104 STAT. 1420 
PUBLIC LAW 101-509—NOV. 5, 1990 
available for the establishment of Federal health promotion and 
disease prevention programs for Federal employees; and in addition 
$74,379,000 for administrative expenses, to be transferred from the 
appropriate trust funds of the Office of Personnel Management in 
the amounts determined by the Office of Personnel Management 
without regard to other statutes, including direct procurement of 
health benefits printing, for the retirement and insurance programs: 
Provided furtfier. That amounts authorized to be transferred from 
the appropriate trust funds for implementation of the Federal 
Employees' Retirement System automated recordkeeping system in 
this or prior Acts, may be transferred at any time the Office of 
Personnel Management deems appropriate: Provided, That the 
provisions of this appropriation shall not affect the authority to use 
applicable trust funds £is provided by section 8348(aXlXB) of title 5, 
U.S.C: Provided further. That no p£urt of this appropriation shall be 
available for salaries and expenses of the Legsd Examining Unit of 
the Office of Personnel Management established pursuant to 
Executive Order 9358 of July 1, 1943, or any successor unit of like 
purpose: Provided further, That the President's Commission on 
White House Fellows, established by Executive Order 11183 of 
October 3, 1964, may, during the fiscal year ending September 30, 
1991, accept donations of money, property, and personal services in 
connection with the development of a publicity brochure to provide 
information about the White House Fellows, except that no such 
donations shall be accepted for travel or reimbursement of travel 
expenses, or for the salaries of employees of such Commission. 
OFFICE OF INSPECTOR GENERAL 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF TRUST FUNDS) 
For necessary expenses of the Office of Inspector General in 
carrjdng out the provisions of the Inspector General Act, as 
amend^, including services as authorized by 5 U.S.C. 3109, rental of 
conference rooms in the District of Columbia and elsewhere, hire of 
passenger motor vehicles: $4,607,000; and in addition, not to exceed 
$3,043,000 for administrative expenses to audit the Office of Person-
nel Management's insurance programs, to be transferred from the 
appropriate trust funds of the Office of Personnel Management, as 
determined by the Inspector Greneral. 
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES HEALTH 
BENEFITS 
For payment of Government contributions with respect to retired 
employees, as authorized by chapter 89 of title 5, United States 
Code, and the Retired Federal Employees Health Benefits Act (74 
Stat. 849), as amended, $3,509,563,000, to remain available until 
expended. 
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE LIFE 
INSURANCE 
For pajnnent of Government contributions with respect to employ-
ees retiring after December 31, 1989, as required by chapter 87 of 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1421 
title 5, United States Code, $8,700,000, to remain available until 
expended. 
PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABIUTY FUND 
For financing the unfunded liability of new and increased annuity 
benefits becoming effective on or after October 20, 1969, as 
authorized by 5 U.S.C. 8348, and annuities under special Acts to be 
credited to the Civil Service Retirement and Disability Fund, 
$5,687,105,000: Provided, That annuities authorized by the Act of 33 USC 776. 
May 29, 1944, as amended and the Act of August 19, 1950, as 
amended (33 U.S.C. 771-75), may hereafter be paid out of the Civil 
Service Retirement and Disability Fund. 
REVOLVING FUND 
Pursuant to section 4109(dXl) of title 5, United States Code, costs 
for entertainment expenses of the President's Commission on Execu-
tive Exchange shall not exceed $12,000. 
OFFICE OF PERSONNEL MANAGEMENT 
GENERAL PROVISION 
SECTION 1. Section 8902(kXl) of title 5, United States Code, is 
amended— 
(1) by striking out "performed by a clinical psychologist or 
optometrist" and inserting in lieu thereof "performed by a 
clinical psychologist, optometrist, nurse midwife, or nurse 
practitioner/clinical specialist"; and 
(2) by striking out qualified clinical social worker or optom-
etrist" and inserting in lieu thereof "qualified clinical social 
worker, optometrist, nurse midwife, or nurse practitioner/nurse 
clinical specialist". 
MERIT SYSTEMS PROTECTION BOARD 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses to carry out functions of the Merit Sys-
tems Protection Board pursuant to Reorganization Plan Numbered 
2 of 1978 and the Civil Service Reform Act of 1978, including 
services as authorized by 5 U.S.C. 3109, rental of conference rooms 
in the District of Columbia and elsewhere, hire of passenger motor 
vehicles, and direct procurement of survey printing, $22,564,000, 
together with not to exceed $1,500,000 for administrative expenses 
to adjudicate retirement appeals to be transferred from the Civil 
Service Retirement and Disability Fund in amounts determined by 
the Merit Systems Protection Board. 
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 
104 STAT. 1422 
PUBLIC LAW 101-509—NOV. 5, 1990 
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 Dis-
trict of Columbia and elsewhere, and hire of passenger motor ve-
hicles; $6,608,000. 
FEDERAL LABOR RELATIONS AUTHORITY 
SALARIES AND EXPENSES 
For necessary expenses to carry out functions of the Federal 
Labor Relations Authority, pursuant to Reorganization Plan Num-
bered 2 of 1978, and the Civil Service Reform Act of 1978, including 
services as authorized by 5 U.S.C. 3109, including hire of experts and 
consultants, hire of passenger motor vehicles, rental of conference 
rooms in the District of Columbia and elsewhere; $18,443,000: Pro-
vided, That public members of the Federal Services Impasses Panel 
may be paid travel expenses and per diem in lieu of subsistence as 
authorized by law (5 U.S.C. 5703) for persons employed intermit-
tently in the Government service, and compensation as authorized 
by 5 U.S.C. 3109. 
UNITED STATES TAX COURT 
SALARIES AND EXPENSES 
For necessary expenses, including contract reporting and other 
services as authorized by 5 U.S.C. 3109; $31,598,000: Provided, That 
26 use 7443 
travel expenses of the judges shall be paid upon the written certifi-
°°**- 
cate of the judge. 
This title may be cited as the "Independent Agencies Appropria-
tions Act, 1991". 
TITLE V—GENERAL PROVISIONS 
THIS ACT 
SECTION 501. Where appropriations in this Act are expendable 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 the appropriations without the advance approval of 
the House and Senate Committees on Appropriations: Provided, 
That this section shall not apply to travel performed by uncompen-
sated officials of local boards and appeal boards of the Selective 
Service System; to travel performed directly in connection with care 
and treatment of medical beneficiaries of the Department of Veter-
ans Affairs; to travel of the Office of Personnel Management in 
carrying out its observation responsibilities of the Voting Rights 
Act; or to pajnnents to interagency motor pools where separately set 
forth in the budget schedules. 
SEC. 502. No part of any appropriation contained in this Act shall 
be available to pay the salary of 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 satisfac-
torily completed his period of active military or naval service and 
has within ninety days after his release from such service or from 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1423 
hospitalization continuing after discharge for a period of not more 
than one year made application for restoration to his former posi-
tion and has been certified by the Office of Personnel Management 
as still qualified to perform the duties of his former position and has 
not been restored thereto. 
SEC. 503. 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 pro-
grams which have been approved by the Congress and appropria-
tions made therefor. 
SEC. 504. 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. 505. The expenditure of any appropriation under this Act for Government 
any consulting service through procurement contract, pursuant to 5 Procurement. 
U.S.C. 3109, shall be limited to those contracts where such expendi-
tures are a matter of public record and available for public inspec-
tion, except where otherwise provided under existing law, or under 
existing Executive order issued pursuant to existing law. 
SEC. 506. No part of any appropriation contained in this Act shall 
be available for the procurement of, or for the pa5mient 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 Genersd Serv-
ices 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-
104.403) of Armed Services Procurement Regulation dated Janu-
ary 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 domestic source 
end product. This section shall be applicable to all solicitations for 
bids opened after its enactment. 
SEC. 507. None of the funds made available to the General Serv- 40 USC 490c. 
ices Administration pursuant to section 210(f) of the Federal Prop-
erty 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 service which, before such date, was per-
formed by individuals in their capacity as employees of the (Jeneral 
Services Administration in any position of guards, elevator opera-
tors, messengers, and custodians, except that such funds may be 
obligated or expended for the procurement by contract of the cov-
ered services with sheltered workshops emplojdng the severely 
handicapped under Public Law 92-28. 
SEC. 508. No funds appropriated in this Act shall be available for 
administrative expenses in connection with implementing or enforc-
ing any provisions of the rule TD ATF-66 issued June 13, 1980, by 
the Department of the Treasury, Bureau of Alcohol, Tobacco and 
Firearms on labeling and advertising of wine, distilled spirits and 
malt beverages, except if the expenditure of such funds, is necessary 
to comply with a final order of the Federal court system. 
SEC. 509. None of the funds appropriated in this Act may be used 
for administrative expenses to close the Federal Information Center 
104 STAT. 1424 
PUBLIC LAW 101-509—NOV. 5, 1990 
of the Greneral Services Administration located in Sacramento, 
California. 
SEC. 510. None of the funds made available by this Act for the 
Department of the Treasury may be used for the purpose of 
eliminating any existing requirement for sureties on customs bonds. 
SEC. 511. None of the funds made available by this Act shall be 
available for any activity or for pajdng the salary of any Govern-
ment employee where funding an activity or paying a salary to a 
Grovemment employee would result in a decision, determination, 
rule, regulation, or policy that would prohibit the enforcement of 
section 307 of the 1930 Tariff Act. 
SEC. 512. 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, 
Marana, Arizona, and Artesia, New Mexico, out of the Treasury 
Department. 
SEC. 513. 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. 514. No part of any appropriation contained in this Act shall 
be available for the pajonent of the salary of any officer or employee 
of the United States Postal Service, who— 
(1) prohibits or prevents, or attempts or threatens to prohibit 
or prevent, any officer or employee of the United States Postal 
Service from having any direct oral or written communication 
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 em-
ployee or in response to the request or inquiry of such Member 
or committee; or 
(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 emplojonent 
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 de-
scribed in paragraph (1) of this subsection. 
Abortion. 
SEC. 515. No funds appropriated by this Act shall be available to 
pay for an abortion, or the administrative expenses in connection 
with any health plan under the Federal employees health benefit 
program which provides any benefits or coverage for abortions. 
SEC. 516. The provision of section 515 shall not apply where the 
life of the mother would be endangered if the fetus were carried to 
term. 
SEC. 517. None of the funds appropriated by this Act may be used 
to solicit bids, lease space, or enter into any contract to close or 
consolidate executive seminar centers for the Office of Personnel 
Management. 
SEC. 518. The Administrator of General Services, under section 
210(h) of the Federal Property and Administrative Services Act of 
1949, as amended, may acquire, by means of a lease of up to thirty 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1425 
years duration, space for the United States Courts in Tacoma, 
Washington, at the site of Union Station, Tacoma, Washington. 
SEC. 519. Funds under this Act shall be available as authorized by 
sections 4501-4506 of title 5, United States Code, when the achieve-
ment involved is certified, or when an award for such achievement 
is otherwise payable, in accordeince with such sections. Such funds 
may not be used for any purpose with respect to which the preceding 
sentence relates beyond fiscal year 1991. 
SEC. 520. (a) Notwithstanding any other provision of law, during 
fiscal year 1991, the authority to establish higher rates of pay under 
section 5303 of title 5, United States Code, may— 
(1) in addition to positions paid under any of the pay systems 
referred to in subsection (a) of section 5303 of title 5, United 
States Code, be exercised with respect to positions paid under 
any other pay system established by or under Federal statute 
for positions within the executive branch of the Government; 
and 
(2) in addition to the circumstance described in the first 
sentence of subsection (a) of section 5303 of title 5, United States 
Code, be exercised based on— 
(A) pay rates for the positions involved being generally 
less than the rates payable for similar positions held— 
(i) by individuEils outside the Government; or 
(ii) by other individuals within the executive branch 
of the Government; 
(B) the remoteness of the area or location involved; 
(C) the undesirability of the working conditions or the 
nature of the work involved, including exposure to toxic 
substances or other occupational hazards; or 
(D) any other circumstances which the President (or an 
agency duly authorized or designated by the President in 
accordance with the last sentence of section 5303(a) of title 
5, United States Code, for purposes of this subparagraph) 
may identify. 
Nothing in paragraph (2) shall be considered to permit the exercise 
of any authority based on any of the circumstances under such 
paragraph without an appropriate finding that such circumstances 
are significantly handicapping the Government's recruitment or 
retention efforts. 
(bXD A rate of pay established during fiscal year 1991 through the Wages, 
exercise of any additional authority under subsection (a) of section 
5303 of title 5, United States Code— 
(A) shall be subject to revision or adjustment, 
(B) shall be subject to reduction or termination (including pay 
retention), and 
(C) shall otherwise be treated, 
in the manner as generally applies with respect to £my rate other-
wise established under section 5303 of title 5, United States Code. 
(2) The President (or an agency duly authorized or designated by 
the President in accordance with the last sentence of section 5303(a) 
of title 5, United States Code, for purposes of this subsection) may 
prescribe any regulations necessary to carry out this subsection. 
(c) Any additional authority under this section may, during fiscal 
year 1991, be exercised only to the extent that amounts otherwise 
appropriated under this Act for purposes of section 5303 of title 5, 
United States Code, are available. 
104 STAT. 1426 
PUBLIC LAW 101-509—NOV. 5, 1990 
SEC. 521. 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 eind Printing 
Police Force, or for stud3dng the feasibility of contracting out such 
positions. 
SEC. 522. The Office of Personnel Management may, during the 
fiscal year ending September 30, 1991, accept donations of supplies 
and equipment for the Federal Executive Institute for the enhance-
ment of the morale and educational experience of attendees at the 
Institute. 
SEC. 523. No part of any appropriation contained in this Act shall 
be available for the procurement of, or for the pajnnent of, the 
salary of £iny 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. 
Reports. 
SEC. 524. (1) The Secretary of the Treasury shall issue, no later 
than one hundred and eighty days after the enactment of this Act, 
to the House Committee on Appropriations and the Senate Commit-
tee on Appropriations a report making recommendations on appro-
priate measures to reduce the Federal expenditures incurred when 
former Presidents and spouses of former Presidents travel for the 
purpose of speaking or meiking an appearance for a payment of 
money or any thing of value, in excess of any actual and necessary 
travel expenses. 
(2) The Secretary of the Treasury, in consultation with the ad-
visory committee established by Public Law 90-331, shall consider 
among other expenses, administrative expenses and expenses associ-
ated with Secret Service protection, and shall determine what meth-
ods of reimbursement would be feasible to offset expenditures by the 
Federal Government that are sissociated with such speeches or 
appearances by former Presidents or spouses of former Presidents. 
SEC. 525. The United States Secret Service may, during the fiscal 
year ending September 30,1991, 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 pa5nnent of 
money or any thing of value. 
SEC. 526. 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. 
SEC. 527. None of the funds made available to the Postal Service 
by this Act shall be used to transfer mail processing capabilities 
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 msiil processing cian be 
expedited and handled in Las Cruces. 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1427 
SEC. 528. (a) NotwithstEinding any other law and in any fiscal 
year— 
(1) The Attorney (Jeneral shall accept, and Federal depart-
ments and agencies, including the United States Secret Service, 
the Internal Revenue Service, the Resolution Trust Corporation, 
and the appropriate Federal banking agency, may provide, 
without reimbursement, the services of attorneys, law enforce-
ment personnel, and other employees of any other departments 
or agencies of the Federal Government to assist the Department 
of Justice, subject to the supervision of the Attorney General, in 
the investigation and prosecution of fraud or other criminal or 
unlawful activity in or against any federally insured fbiancial 
institution or the Resolution Trust Corporation; 
(2) any attorney of a department or agency whose services are 
accepted pursuant to paragraph (1) may, subject to the super-
vision of the Attorney Greneral, conduct any kind of legal 
proceeding, civil or criminal, including grand jury proceedings 
and proceedings before committing magistrates, and perform 
any other investigative or prosecutorial function, which United 
States attorneys are authorized by law to conduct or perform 
whether or not the attorney is a resident of the district in which 
the proceeding is brought; and 
(3) law enforcement personnel of the United States Secret 
Service are authorized, subject to the supervision of the Attor-
ney General, to conduct or perform any kind of investigation, 
civil or criminal, related to fraud or other criminal or unlawful 
activity in or against any federally insured financial institution 
or the Resolution Trust Corporation, which the Department of 
Justice law enforcement personnel are authorized by law to 
conduct or perform: Provided, That the Secret Service shall not 
initiate investigations pursuant to this section independent of 
the supervision of the Attorney Greneral. 
Qy) This section— 
(1) shall not, except as expressly provided herein, alter the 
authority of any Federsil law enforcement agency; and 
(2) shall expire with the authority of the Resolution Trust 
Corporation or its successor. 
(c) This section applies notwithstanding any other provision of law 
enacted by the 101st Congress after October 15, 1990, that by its 
terms would grant authority to, or otherwise affect the authority of, 
the Secret Service or other departments or agencies of the Federal 
Government to conduct or to assist the Department of Justice in 
conducting investigations or prosecutions of fraud or other criminal 
or unlawful activity in or against any federally insured financial 
institution or the Resolution Trust Corporation, and any other such 
provision shall not be effective in granting or otherwise affecting 
any such authority. 
SEC. 529. FEDERAL EMPLOYEES PAY COMPARABILITY ACT OF 1990. 
SECTION 1. SHORT TITLE; RULES OF CONSTRUCTION. 
(a) SHORT TITLE.—This section, and the sections immediately fol-
lowing this section through section 412, inclusive, may be cited as 
the "Federal Employees Pay Comparability Act of 1990" (herein-
after in this section referred to as "FEPCA"). 
Oi) RULES OF CONSTRUCTION.—(1) Except as otherwise expressly 
provided, any reference (actual or implicit) in FEPCA (outside of this 
28 u s e 509 note. 
Government 
employees. 
Federal 
Employees Pay 
Comparability 
Act of 1990. 
5 u s e 5301 note. 
104 STAT. 1428 
PUBLIC LAW 101-509—NOV. 5, 1990 
section) to "this Act" (or to any title, section, or other designated 
provision of "this Act") shall be construed to be a reference to 
FEPCA (or the corresponding provision within FEPCA). 
(2) Except as otherwise expressly provided, any reference (actual 
or implicit) in any provision of this Act outside of FEPCA to "this 
Act" (or to any title, section, or other designated provision of "this 
Act"), and any reference made in any provision of law outside of this 
Act to the "Treasury, Postal Service and (Jeneral (Government 
Appropriations Act, 1991" (or to any title, section, or other des-
ignated provision of such Act), shall be construed disregarding the 
provisions of FEPCA. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
TABLE OF CONTENTS 
Sec. 1. Short title; rules of construction. 
Sec. 2. Table of contents. 
TITLE I—AMENDMENTS RELATING TO BASIC PAY 
Sec. 101. Annual adjustments to statutory pay rates; locality-based comparability 
adjustments; other matters. 
Sec. 102. Pay for positions above GS-15 and certfdn other positions. 
Sec. 103. Pay for critical positions. 
Sec. 104. Aihninistrative law judges and contract appeals board members. 
Sec. 105. Specicd occupational pay systems. 
Sec. 106. Elimination of GS-11 threshold for new appointees to be paid above mini-
mum rates. 
Sec. 107. AdvEuices of pay. 
Sec. 108. Reemployment of retirees. 
Sec. 109. New pay structure for the police forces of the Bureau of Engraving and 
Printing and the United States Mint. 
Sec. 110. Compensation of standing trustees appointed under titles 11 and 28, 
United States Code. 
Sec. 111. Pay-for-performance labor-management committee. 
Sec. 112. Position titles in certain departments. 
Sec. 113. Director of the Census Bureau. 
TITLE II—AMENDMENTS RELATING TO AWARDS, ALLOWANCES, 
DIFFERENTIALS, AND OTHER RELATED MATTERS 
Sec. 201. Time off from duty as an incentive award. 
Sec. 202. Uniform allowances. 
Sec. 203. Differential for physical hardship or hazard. 
Sec. 204. Exception from limitation on premium pay. 
Sec. 205. He£dth care positions. 
Sec. 206. Travel and transportation expenses for candidates and new appointees. 
Sec. 207. Performance-based cash awards. 
Sec. 208. Recruitment, relocation, and retention payments. 
Sec. 209. Staffing differentials. 
Sec. 210. Premium pay Eunendments. 
Sec. 211. Supervisory differentials. 
TITLE III—MISCELLANEOUS PROVISIONS 
Sec. 301. Budget Act compliance. 
Sec. 302. Interim geographic adjustments. 
Sec. 303. Pay rates for current employees. 
Sec. 304. Senior Biomedical Research Service. 
Sec. 305. Effective date. 
Sec. 306. Additional rule of construction. 
TITLE IV—FEDERAL LAW ENFORCEMENT PAY REFORM 
Sec. 401. Short title. 
Sec. 402. Definition. 
Sec. 403. Special rates for law enforcement officers. 
Sec. 404. Special pay adjustments for law enforcement officers in selected cities. 
Sec. 405. Same benefits for other law enforcement officers. 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1429 
Sec. 406. FBI New York Field Division. 
Sec. 407. Relocation payments. 
Sec. 408. Incentive bonus for foreign language capabilities. 
Sec. 409. Age for mandatory retirement. 
Sec. 410. Overtime rates. 
Sec. 411. Other premium pay. 
Sec. 412. Reporting requirement. 
TITLE I—AMENDMENTS RELATING TO BASIC PAY 
SEC. 101. ANNUAL ADJUSTMENTS TO STATUTORY PAY RATES; LOCALITY-
BASED COMPARABILITY PAYMENTS; OTHER MATTERS. 
(a) GENERAIXY.—(1) Subchapter I of chapter 53 of title 5, United 
States Code, is amended to read as follows: 
"SUBCHAPTER I—PAY COMPARABILITY SYSTEM 
"§ 5301. Policy 
"It is the policy of Congress that Federal pay fixing for employees 
under the General Schedule be based on the principles that— 
"(1) there be equal pay for substantially equal work within 
each local pay area; 
"(2) within each local pay area, pay distinctions be main-
tained in keeping with work and performance distinctions; 
"(3) Federal pay rates be comparable with non-Federal pay 
rates for the same levels of work within the same local pay area; 
and 
"(4) any existing pay disparities between Federal and non-
Federal employees should be completely eliminated. 
"§ 5302. Definitions 
"For the purpose of this subchapter— 
"(1) the term 'statutory pay system' means a pay system 
under— 
"(A) subchapter III, relating to the General Schedule; 
"(B) section 403 of the Foreign Service Act of 1980, relat-
ing to the Foreign Service of the United States; or 
(C) chapter 73 of title 38, relating to the Veterans 
Health Services and Research Administration; 
"(2) the term 'ECI' means the Employment Cost Index (wages 
and salaries, private industry workers) published quarterly by 
the Bureau of Labor Statistics; 
"(3) the 'base quarter' for any year is the 3-month period 
ending on September 30 of such year; 
"(4) the term 'pay agent' means the agent designated by the 
President under section 5304(dXl); 
"(5) the term 'locality' or 'pay locality' means any locality, as 
established or modi:Qed under section 5304; 
"(6) the term 'pay disparity', as used with respect to a locality, 
means the extent to which rates of pay payable under the 
General Schedule are generally lower than the rates paid for 
the same levels of work by non-Federal workers in the same 
locality; except as otherwise required in this subchapter, a pay 
disparity shall be expressed as a single percentage which, if 
uniformly applied to employees within the locality who are 
receiving rates of pay under the General Schedule, would cause 
the rates payable to such employees to become substantially 
equal (when considered in the aggregate) to the rates paid to 
104 STAT. 1430 
PUBLIC LAW 101-509—NOV. 5, 1990 
President. 
Federal 
Register, 
publication. 
non-Federal workers for the same levels of work in the same 
locality; 
"(7) the term 'comparability pa3maent' means a pajmaent pay-
able under section 5304; 
"(8) the term 'rates of pay under the General Schedule', 'rates 
of pay for the Greneral Schedule', or 'scheduled rates of basic 
pay' means— 
"(A) the rates of basic pay set forth in the General 
Schedule; and 
"(B) in the case of an employee covered by the perform-
Eince management and recognition system, the rates of 
basic pay under chapter 54; and 
"(9) the term 'General Schedule position' means any position 
to which subchapter III applies (including any position under 
the performance management and recognition system). 
"§ 5303. Annual adjustments to pay schedules 
"(a) Effective as of the first day of the first applicable pay period 
beginning on or after January 1 of each calendar year, the rates of 
basic pay for each statutory pay system shall be incresised by the 
percentage (rounded to the nearest one-tenth of 1 percent) equal to 
one-half of 1 percentage point less than the percentage by which the 
ECI for the base quarter of the year before the preceding calendar 
year exceeds the ECI for the base quarter of the second year before 
the preceding calendar year (if at all). 
"(bXD If, because of national emergency or serious economic 
conditions affecting the general welfare, the President should con-
sider the pay adjustment which would otherwise be required by 
subsection (a) in any year to be inappropriate, the President shall— 
"(A) prepare and transmit to Congress before September 1 of 
the preceding calendar year a plan for such alternative pay 
adjustments as he considers appropriate, together with the 
reasons therefor; and 
"(B) adjust the rates of pay of each statutory pay system, in 
accordance with such plan, effective on the same day £is the 
increase under subsection (a) would otherwise take effect. 
"(2) In evsduating an economic condition affecting the general 
welfare under this subsection, the President shall consider pertinent 
economic measures including, but not limited to, the Indexes of 
Leading Economic Indicators, the Gross National Product, the un-
employment rate, the budget deficit, the CJonsumer Price Index, the 
Producer Price Index, the Employment Cost Index, and the Implicit 
Price Deflator for Personal CJonsumption Expenditures. 
"(3) The President shall include in the report to Congress under 
paragraph (IXA) his assessment of the impact that the alternative 
pay adjustments under this subsection will have on the Govern-
ment's ability to recruit and retain well-qualified employees. 
"(c) The rates of basic pay that take effect under this section— 
"(1) shall modify, supersede, or render inapplicable, as the 
case may be, to the extent inconsistent therewith, any prior 
rates of basic pay under the statutory pay system involved (as 
last adjusted under this section or prior provisions of law); and 
"(2) shall be printed in the Federal Register and the Code of 
Federal Regulations. 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1431 
"(d) An increase in rates of basic pay that takes effect under this 
section is not an equivEilent increase in pay within the meaning of 
section 5335. 
"(e) This section does not impair any authority pursuant to which 
rates of basic pay may be fixed by administrative action. 
"(f) Pay may not be paid, by reason of any provision of this section 
(disregarding any comparability pa3mient payable), at a rate in 
excess of the rate of basic pay payable for level V of the Executive 
Schedule. 
"(g) Any rate of pay under this section shall be initially adjusted, 
effective on the effective date of the rate of pay, under conversion 
rules prescribed by the President or by such agency or agencies as 
the President may designate. 
"§ 5304. Locality-based comparability payments 
"(a) Pay disparities shall be identified and reduced as follows: 
"(1) Comparability pajnnents shall be payable within each 
locality determined to have a pay disparity greater than 5 
percent. 
"(2XA) The localities having pay disparities, and the size of 
those disparities, shall, for purposes of emy comparability pay-
ment scheduled to take effect in any calendar year, be deter-
mined in accordance with the appropriate report, as prepared 
and submitted to the President under subsection (dXl) for pur-
poses of such calendar year. 
"(B) Any computation necessary to determine the size of the 
comparability pajrment to become payable for any locality in a 
year (as well as any determination as to the size of any pay 
disparity remaining after that comparability pajmient is made) 
shall likewise be made using data contained in the appropriate 
report (described in subparagraph (A)) so prepared and submit-
ted for purposes of such calendar year. 
"(3) Subject to paragraphs (4) and (5), the amount of the 
comparability pajonents payable under this subsection in a 
calendar year within any locality in which a comparative pay-
ment is payable shall be computed using such percentage as the 
President determines for such locality under subsection (dX2), 
except that— 
"(A) the percentage for the first calendar year in which 
any amounts are payable under this section may not be less 
than Vs of the amount needed to reduce the pay disparity of 
the locality involved to 5 percent; 
"(B) the percentage for the second calendar year in which 
any amounts are payable under this section may not be less 
than ^10 of the amount needed to reduce the pay disparity 
of the locality involved to 5 percent; 
"(C) the percentage for the third calendar year in which 
any amounts are payable under this section may not be less 
than % of the amount needed to reduce the pay disparity of 
the locality involved to 5 percent; 
"(D) the percentage for the fourth calendar year in which 
any amounts are payable under this section may not be less 
than V
z of the amount needed to reduce the pay disparity of 
the locality involved to 5 percent; 
"(E) the percentage for the fifth calendar year in which 
any amounts are payable under this section may not be less 
104 STAT. 1432 
PUBLIC LAW 101-509—NOV. 5, 1990 
than % of the amount needed to reduce the pay disparity of 
the locality involved to 5 percent; 
"(F) the percentage for the sixth calendar year in which 
any amounts are payable under this section may not be less 
than Vio of the amount needed to reduce the pay disparity 
of the locality involved to 5 percent; 
"(G) the percentage for the seventh calendar year in 
which any amounts are payable under this section may not 
be less than Vs of the amount needed to reduce the pay 
disparity of the locality involved to 5 percent; 
(H) the percentage for the eighth calendar year in which 
any amounts are payable under this section may not be less 
than %o of the amount needed to reduce the pay disparity 
of the locality involved to 5 percent; 
"(I) the percentage for the ninth calendar year in which 
any amounts are payable under this section, and any year 
thereafter, may not be less than the full amount necessary 
to reduce the pay disparity of the locality involved to 5 
percent; 
"(4) Nothing in this section shall be considered to preclude the 
President, in his discretion, from adjusting comparability pay-
ments to a level higher than the minimum level otherwise 
required in a calendar year, including to the level necessary to 
eliminate a locality's pay disparity completely. 
"(b) After the ninth calendar year (referred to in subsection 
(a)(3)(I)), the level of comparability payments payable within such 
locality may be reduced for any subsequent calendar year, but only 
if, or to the extent that, the reduction would not immediately create 
another pay disparity in excess of 5 percent within the locality 
(taking into consideration any comparability payments remaining 
pavable). 
'(c)(1) The amount of the comparability payment payable within 
any particular locality during a calendar year— 
"(A) shall be stated as a single percentage, which shall be 
uniformly applicable to General Schedule positions within the 
locality; and 
"(B) shall, for any employee entitled to receive a comparabil-
ity pajnnent, be computed by appl3dng that percentage to such 
employee's scheduled rate of basic pay (or, if lower due to a 
limitation on the rate payable, the rate actually payable), sub-
ject to subsection (g). 
"(2) A comparability payment— 
"(A) shall be considered to be part of basic pay for purposes of 
retirement under chapter 83 or 84, as applicable, life insurance 
under chapter 87, and premium pay under subchapter V of 
chapter 55, and for such other purposes as may be expressly 
provided for by law or as the Office of Personnel Management 
may by regulation prescribe; and 
(B) shall be paid in the same manner and at the same time 
as the basic pay payable to such employee pursuant to any 
provision of law outside of this section. 
"(3) Nothing in this subchapter shall be considered to permit or 
require that any portion of a comparability payment be taken into 
account for purposes of any adjustment under section 5303. 
"(4)(A) Only employees receiving scheduled rates of basic pay 
(subject to any pay limitation which may apply) shall be eligible for 
comparability pajonents under this section. 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1433 
"(B) Comparability payments shall not be payable for service 
performed in any position which may not, under subsection (f)(lXA), 
be included within a pay locality. 
"(d) In order to carry out this section, the President shall— 
President. 
"(1) direct such agent as he considers appropriate to prepare 
and submit to him annually, after considering such views and 
recommendations as may be submitted under subsection (e) (but 
not later than 18 months before the start of the calendar year 
for purposes of which it is prepared), a report that— 
' (A) compares the rates of pay under the General Sched-
ule with the rates of pay generally paid to non-Federal 
workers for the same levels of work within each pay local-
ity, as determined on the basis of appropriate annual 
surveys that shall be conducted by the Bureau of Labor 
Statistics; 
"(B) based on data from such surveys, identifies each 
locality in which a pay disparity exists and specifies the size 
of each such pay disparity (before and after taking into 
consideration any comparability pa5naients payable); 
"(C) makes recommendations for appropriate comparabil-
ity pajnnents, in conformance with applicable requirements 
of this section; and 
"(D) includes the views and recommendations submitted 
under subsection (e); 
"(2) after considering the report of his agent (including the 
views and recommendations referred to iii subsection (eX2XC), 
provide for or adjust comparability payments in conformance 
with applicable requirements of this section, effective as of the 
beginning of the first applicable pay period commencing on or 
after January 1 of the applicable year; and 
"(3) transmit to Congress a report of the actions taken under 
Reports, 
pareigraph (2) (together with a copy of the report submitted to 
him by his agent, including the views and recommendations 
referred to in subsection (e)(2)(C)) which shall— 
"(A) identify each pay locsdity; 
"(B) specify which localities have pay disparities in excess 
of 5 percent, and the size of the disparity existing in each of 
those localities, according to the pay agent's most recent 
report under paragraph (1) (before and after taking into 
consideration any comparability pa5mients payable); and 
"(C) indicate the size of the respective comparability 
pa5anents (expressed as percentages) which will be in effect 
under paragraph (2) for the various pay localities specified 
under subparagraph (B) for the applicable calendar year. 
"(eXD The President shall establish a Federal Salary Council of 9 
President. 
members, of whom— 
"(A) 3 shall be chosen from among persons generally recog-
nized for their impartiality, knowledge, and experience in the 
field of labor relations and pay policy; and 
"(B) 6 shall be representatives of employee organizations 
which represent substantial numbers of employees holding Gen-
eral Schedule positions, and who shall be selected giving due 
consideration to such factors as the relative numbers of employ-
ees represented by the various organizations, except that not 
more thein 3 members of the Council at any one time shall be 
from a single employee organization, council, federation, alli-
ance, association, or affiliation of employee organizations. 
104 STAT. 1434 
PUBLIC LAW 101-509—NOV. 5, 1990 
Members of the Council shall not receive pay by reason of their 
service on the Council, nor shall members who are not otherwise 
employees of the United States be considered employees by reason of 
any such service. The President shall designate one of the members 
to serve as Chairman of the Federal Salary Council. One of the 3 
members under subparagraph (A) may be the Chairman of the 
Federal Prevailing Rate Advisory Committee, notwithstanding the 
restriction under section 5347(a)(1), and such individual may also be 
designated to serve as Chairman of the Federal Salary Council. 
"(2) The pay agent shall— 
"(A) provide for meetings with the Council and give thorough 
consideration to the views and recommendations of the Council 
and the individual views and recommendations, if any, of the 
members of the Council regarding— 
"(i) the establishment or modification of pay localities; 
"(ii) the coverage of the annual survey conducted by the 
Bureau of Labor Statistics under subsection (d)(1)(A) 
(including, but not limited to, the occupations, establish-
ment sizes, and industries, to be surveyed, and how pay 
localities are to be surveyed); 
"(iii) the process of comparing the rates of pay payable 
under the Greneral Schedule with rates of pay for the same 
levels of work performed by non-Federal workers; and 
"(iv) the level of comparability payments that should be 
paid in order to eliminate or reduce pay disparities in 
accordance with the requirements of this section; 
"(B) give thorough consideration to the views and rec-
ommendations of employee organizations not represented on 
the Council regarding the subjects in subparagraph (A)(i)-(iv); 
and 
"(C) include in its report to the President the views and 
recommendations submitted as provided in this subsection by 
the Council, by any member of the Council, and by employee 
organizations not represented on the Council. 
"(fKD The pay agent may provide for such pay localities as the pay 
agent considers appropriate, except that— 
"(A) each Greneral Schedule position (excluding any outside 
the continental United States, as defined in section 5701(6)) 
shall be included with a pay locality; and 
"(B) the boundaries of pay localities shall be determined based 
on appropriate factors which may include local labor market 
patterns, commuting patterns, and practices of other employers. 
Regulations. 
"(2XA) The establishment or modification of any such boundaries 
shall be effected by regulations which, notwithstanding subsection 
(aX2) of section 553, shall be promulgated in accordance with the 
notice and comment requirements of such section. 
"(B) Judicial review of any regulation under this subsection shall 
be limited to whether or not it was promulgated in accordance with 
the requirements referred to in subparagraph (A). 
"(gXl) Except as provided in paragraph (2), comparability pay-
ments may not be paid at a rate which, when added to the rate of 
basic pay otherwise payable to the employee involved, would cause 
the total to exceed the rate of basic pay payable for level IV of the 
Executive Schedule. 
"(2) For positions under subparagraphs (A)-(E) of subsection (hXD, 
the applicable maximum under this subsection shall be level III of 
the Executive Schedule. 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1435 
"(hXl) For the purpose of this subsection, the term 'position' 
means— 
"(A) a position to which section 5376 applies (relating to 
certain senior-level positions); 
"(B) a Senior Executive Service position under section 3132; 
"(C) a position in the Federal Bureau of Investigation and 
Drug Enforcement Administration Senior Executive Service 
under section 3151; 
"(D) a position to which section 5372 applies (relating to 
administrative law judges appointed under section 3105); 
"(E) a position to which section 5372a applies (relating to 
contract appeals board members); and 
"(F) a position within an Executive agency not covered under 
any of the preceding subparagraphs, the rate of basic pay for 
which is (or, but for this section, would be) less than the rate 
payable for level V of the Executive Schedule; 
but does not include— 
"(i) a position to which subchapter IV applies (relating to 
prevailing rate systems); or 
"(ii) a position £is to which a rate of pay is authorized under 
section 5377 (relating to critical positions). 
"(2)(A) Notwithstanding subsection (cX4) or any other provision of 
this section, but subject to subparagraph (B) and paragraph (3), upon 
the request of the head of an Executive agency with respect to 1 
or more categories of positions, the President may provide that each 
employee of such agency who holds a position within such category, 
and within the particular locality involved, shall be entitled to 
receive comparability pa)mients. 
"(B) A request by an agency head or exercise of authority by the 
President under subparagraph (A) shall cover— 
"(i) with respect to the positions under subparagraphs (A) 
through (E) of paragraph (1), all positions described in the 
subparagraph or subparagraphs involved (excluding any under 
clause (i) or (ii) of such paragraph); and 
"(ii) with respect to positions under paragraph (IXF), such 
positions £is may be considered appropriate (excluding any 
under clause (i) or (ii) of pareigraph (1)). 
"(3) Comparability pajnnents under this subsection— 
"(A) may be paid only in any calendar year in which com-
parability payments under the preceding provisions of this 
section are payable with respect to General Schedule positions 
within the same locality; 
"(B) shall be payable, within the locality involved, for the 
entirety of each calendar year for which authority is granted by 
the President; 
"(C) shall be computed using the same percentage as is ap-
plicable, for the calendar year involved, with respect to (Jeneral 
Schedule positions within the same locality; and 
"(D) shall be subject to the applicable limitation under subsec-
tion (g). 
"(i) The Office of Personnel Mangigement may prescribe regula-
tions, consistent with the provisions of this section, governing the 
pajmient of comparability pajrments to employees. 
104 STAT. 1436 
PUBLIC LAW 101-509—NOV. 5, 1990 
"§ 5304a. Authority to fix an alternative level of comparability 
payments 
President. 
"(a) If, because of national emergency or serious economic condi-
tions affecting the general welfare, the President should consider 
the level of comparability pajrments which would otherwise be 
payable under section 5304 in any year to be inappropriate, the 
President shall— 
Reports. 
"(1) prepare and transmit to Congress, at least 1 month before 
those comparability payments (disregarding this section) would 
otherwise become payable, a report describing the alternative 
level of pa5anents which the President instead intends to pro-
vide, including the reasons why such alternative level is consid-
ered necessary; and 
"(2) implement the alternative level of pajmients beginning 
on the same date as would otherwise apply, for the year in-
volved, under section 5304. 
"(b) The requirements set forth in paragraphs (2) and (3), respec-
tively, of section 5303(b) shall apply with respect to any decision to 
exercise any authority to fix an alternative level of comparability 
payments under this section. 
"§ 5305. Special pay authority 
"(a) Whenever the President finds that the Grovemment's recruit-
ment or retention efforts with respect to 1 or more occupations in 1 
or more areas or locations are, or are likely to become, significantly 
handicapped, due to any of the circumstances described in subsec-
tion (b), he may establish for the areas or locations involved, with 
respect to individuals in positions paid under any of the pay systems 
referred to in subsection (c), higher minimum rates of basic pay for 1 
or more grades or levels, occupational groups, series, classes, or 
subdivisions thereof, and may make corresponding increases in all 
step rates of the pay range for each such grade or level. However, a 
minimum rate so established may not exceed the maximum pay rate 
prescribed by statute for the grade or level by more than 30 percent, 
and no rate may be established under this section (disregarding any 
amount payable under subsection (g)) in excess of the rate of basic 
pay payable for level V of the Executive Schedule. The President 
may authorize the exercise of the authority conferred on him by this 
section by the Office of Personnel Management or, in the case of 
individuals not subject to the provisions of this title governing 
appointment in the competitive service, by such other agency as he 
may designate. 
"(b) The circumstances referred to in subsection (a) are— 
"(1) rates of pay offered by non-Federal employers being 
significantly higher than those payable by the Government 
within the area, location, occupational group, or other class of 
positions under the pay system involved; 
"(2) the remoteness of the area or location involved; 
"(3) the undesirability of the working conditions or the nature 
of the work involved (including exposure to toxic substances or 
other occupational hazards); or 
"(4) any other circumstances which the President (or an 
agency duly authorized or designated by the President in 
accordance with the last sentence of subsection (a)) considers 
appropriate. 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1437 
"(c) Authority under subsection (a) may be exercised with respect 
to positions paid under— 
"(1) a statutory pay system; or 
"(2) any other pay system estabUshed by or under Federal 
statute for civilian positions within the executive branch. 
"(d) Within the limitations applicable under the preceding provi-
sions of this section, rates of pay established under this section may 
be revised from time to time by the President or by such agency as 
he may designate. The actions and revisions have the force and 
effect of statute. 
"(e) An increase in a rate of basic pay established under this 
section is not £in equivalent increase in pay within the meaning of 
section 5335. 
"(f) The rate of basic pay established under this section and 
received by an individual immediately before a statutory increase, 
which becomes effective prior to, on, or after the date of enactment 
of the statute, in the pay schedule applicable to such individual of 
any pay system specified in subsection (c) of this section, shall be 
initially adjusted, effective on the effective date of the statutory 
increase, under conversion rules prescribed by the President or by 
such agency as the President may designate. 
"(gXl) The benefit of any comparability pa}rments under section 
5304 shall be available to individuals receiving rates of basic pay 
established under this section to such extent as the President (or his 
designated agency) considers appropriate, subject to paragraph (2) 
and subsection (h). 
"(2) Pajrments under this subsection may not be made if, or to the 
extent that, when added to basic pay otherwise payable, such pay-
ments would cause the total to exceed the rate of basic pay payable 
for level IV of the Executive Schedule. 
"(h) The rate of basic pay payable to an individual under this 
section may not, at any time, be less than the rate which would then 
be payable to such individual (taking comparability pa3anents under 
section 5304 into account) if this section had never been enacted. 
"§ 5306. Pay fixed by administrative action 
"(a) Notwithstanding sections 1341, 1342, and 1349-1351 and sub-
chapter II of chapter 15 of title 31— 
"(1) the rates of pay of— 
"(A) employees in the legislative, executive, and judicial 
branches of the (lovemment of the United States (except 
employees whose pay is disbursed by the Secretary of the 
Senate or the Clerk of the House of Representatives) and of 
the government of the District of Columbia, whose rates of 
pay are fixed by administrative action under law and are 
not otherwise adjusted under this subchapter; 
"(B) employees under the Architect of the Capitol, whose 
rates of pay are fixed under section 166b-3 of title 40, and 
the Superintendent of Garages, House office buildings; and 
"(C) persons employed by the county committees estab-
lished under section 590h(b) of title 16; and 
"(2) and minimum or maximum rate of pay (other than a 
maximum rate equal to or greater than the maximum rate then 
currently being paid under the General Schedule as a result of a 
pay adjustment under section 5303 (or prior corresponding 
provision of law)), and any monetary limitation on or monetary 
104 STAT. 1438 
PUBLIC LAW 101-509—NOV. 5, 1990 
allowance for pay, applicable to employees described in subpara-
graphs (A), (B), and (C) of paragraph (1); 
may be adjusted, by the appropriate authority concerned, effective 
at the beginning of the first applicable pay period commencing on or 
after the day on which a pay adjustment becomes effective under 
section 5303 (or prior provision of law), by whichever of the following 
methods the appropriate authority concerned considers appro-
priate— 
"(i) by an amount or amounts not in excess of the pay 
adjustment provided under section 5303 for corresponding rates 
of pay in the appropriate schedule or scale of pay; 
'(ii) if there are no corresponding rates of pay, by an amount 
or amounts equal or equivalent, insofar as practicable and with 
such exceptions and modifications as may be necessary to pro-
vide for appropriate pay relationships between positions, to the 
amount of the pay adjustment provided under section 5303; or 
"(iii) in the case of minimum or maximum rates of pay, or 
monetary limitations of allowances with respect to pay, by an 
amount rounded to the nearest $100 and computed on the basis 
of a percentage equal or equivalent, insofar as practicable and 
with such variations as may be appropriate, to the percentage of 
the pay adjustment provided under section 5303. 
"OJ) An adjustment under subsection (a) in rates of pay, minimum 
or maximum rates of pay, the monetary limitations or allowances 
with respect to pay, shall be made in such manner as the appro-
priate authority concerned considers appropriate. 
"(c) This section does not authorize any adjustment in the rates of 
pay of employees whose rates of pay are fixed and adjusted from 
time to time as nearly as is consistent with the public interest in 
accordance with prevailing rates or practices. 
"(d) This section does not impair any authority under which rates 
of pay may be fixed by administrative action. 
"(e) Pay may not be paid, by reason of any exercise of authority 
under this section, at a rate in excess of the rate of basic pay payable 
for level V of the Executive Schedule. 
"§ 5307. Limitation on certain payments 
"(a) Except as otherwise permitted by or under law, no allowance, 
differential, bonus, award, or other similar cash payment under this 
title may be paid to an employee in a calendar year if, or to the 
extent that, when added to the total basic pay paid or payable to 
such employee for service performed in such calendar year as an 
employee in the executive branch (or as an employee outside the 
executive branch to whom chapter 51 applies), such pa3anent would 
cause to the total to exceed the annual rate of basic pay payable for 
level I of the Executive Schedule, as of the end of such calendar 
year. 
"(bXl) Any amount which is not paid to an employee in a calendar 
year because of the limitation under subsection (a) shall be paid to 
such employee in a lump sum at the beginning of the following 
calendar year. 
"(2) Any amount paid under this subsection in a calendar year 
shall be taken into account for purposes of app5dng the limitations 
under subsection (a) with respect to such calendar year. 
"(3) Paragraph (1) shall not apply to an amount if, or to the extent 
that, it is attributable to a payment the authority for which would 
derive from section 4505a(d), 5753(0), or 5754(e). 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1439 
"(c) The Office of Personnel Management shall prescribe such Regulations. 
regulations as may be necessary to carry out this section, including 
regulations (consistent with section 5582) concerning how a lump-
sum payment under subsection (b) shall be made with respect to any 
employee who dies before an amount payable to such employee 
under subsection (b) is made.". 
(2) The table of sections for chapter 53 of title 5, United States 
Code, is amended by striking the matter relating to subchapter I and 
inserting the following new matter: 
"SUBCHAPTER I—PAY COMPARABILITY SYSTEM 
"Sec. 
"5301. Policy. 
"5302. Definitions. 
"5303. Annual adjustments to pay schedules. 
"5304. Locality-based comparability pajonents. 
"5304a. Authority to fix an alternative level of comparability pajmients. 
"5305. Special pay authority. 
"5306. Pay fixed by administrative action. 
"5307. Limitation on certain pajmients.". 
(b) TECHNICAL AND CONFORMING AMENDMENTS.—(1) Section 403 of 
the Foreign Service Act of 1980 (22 U.S.C. 3963) is amended bv 
striking "subchapter I of chapter 53" and inserting "section 5303 . 
(2XA) Section 256(gX2XA) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 (2 U.S.C. 906(gX2XA)) is amended by 
striking "5301(c)" and inserting "5302(1)". 
(B) Section 732(bX6) of title 31, United States Code, is amended by 
striking "5301(a)" and inserting "5301". 
(3XA) Section 332603X2) of title 5, United States Code, is amended 
by striking "5303" and inserting "5305". 
(B) Section 5363(aX2) of title 5, United States Code, is amended by 
striking "5303 of this title;" and inserting "5305 of this title (or 
corresponding prior provision of this title);". 
(C) Section 5405(f) of title 5, United States Code, is amended— 
(i) by striking "5303 of this title," and inserting "5305 of this 
title (or corresponding prior provision of this title),"; and 
(ii) by striking "such section 5303." and inserting "such sec-
tion 5305 (or corresponding prior provision).". 
(D) Section 325(bX2) of title 31, United States Code, is amended by 
striking "(except section 5303)," and inserting "(except section 5305, 
or corresponding prior provision of such title),". 
(E) Sections 5542(a), 5543, and 5545(cXl) of title 5, United States 
Code, are amended by inserting after "GS-10" each place it occurs 
the following: "(including any applicable locality-based comparabil-
ity payment under section 5304 or similar provision of law and any 
applicable special rate of pay under section 5305 or similar provision 
of law)". 
(4XA) Section 5318 of title 5, United States Code, is amended by 
striking "5305" and inserting "5303". 
(B) Section 5382(c) of title 5, United States Code, is amended— 
(i) in the first sentence, by striking "5305" and inserting 
"5303"; and 
(ii) by striking the second sentence. 
(C) Section 5403(a) of title 5, United States Code, is amended by 
striking "5305" and inserting "5303". 
(D) Section 601(aX2) of the Legislative Reorganization Act of 1946 
(2 U.S.C. 31(2)) is amended by striking "5305" and inserting "5303". 
104 STAT. 1440 
PUBLIC LAW 101-509—NOV. 5, 1990 
(E) Section 4 of the Federal Pay Comparability Act of 1970 (2 
U.S.C. 60a-l) is amended by striking "5305" each place it appears 
and inserting "5303". 
(F) Section 5 of the Federal Pay Comparability Act of 1970 (2 
U.S.C. 60a-2) is amended— 
(i) in subsection (a) (in the matter before paragraph (1)), by 
striking "(a)" through "then" and inserting "(a) Whenever an 
adjustment under section 5303 becomes effective with respect to 
rates of pay under the General Schedule,"; 
(ii) in subsection (aXlXA), by striking "pay adjustment by the 
President);" and inserting "adjustment);"; and 
(iii) in subsection (a)(1) (in the matter after subparagraph (B)), 
by striking "pay adjustment made by the President;" and 
inserting "adjustment under such section 5303;". 
(G) The provisions of House Resolution 1495, Ninety-fourth Con-
gress (as enacted into law by section 115 of the Legislative Branch 
Appropriations Act, 1978 (2 U.S.C. 84a-l)) is amended by striking 
"5305" each place it appears and inserting "5303". 
(H) Section 256(g)(1) of the Balanced Budget and Emergency Defi-
cit Control Act of 1985 (2 U.S.C. 906(gXl)) is amended— 
(i) by inserting "(as increased by any sunount payable under 
section 5304 of title 5, United States Code, or section 302 of the 
Federal Employees Pay Comparability Act of 1990)" after "any 
such statutory pay system"; and 
(ii) by striking "5305" and inserting "5303". 
(I) Section 104 of title 3, United States Code, is amended by 
striking "5305" and inserting "5303". 
(J) Section 461(a) of title 28, United States Code, is amended by 
striking "5305" and inserting "5303". 
42 use 254/. 
(K) Section 338A(gX3) of the Public Health Service Act (42 U.S.C. 
2541(gX3)) is amended by striking "(as set forth in the report 
transmitted to the Congress under section 5305 of title 5, United 
States Code)" and inserting "(under section 5303 of title 5, United 
States Code)". 
(5) The second proviso under the head "Senate Office Buildings" 
contained in the Legislative Brgmch Appropriation Act, 1972, as 
amended by Public Law 94-59 (40 U.S.C. 174J-8) is amended by 
striking "5307" and inserting "5306". 
(6)(A) Section 5382(b) of title 5, United States Code, is amended by 
striking "5308" and inserting "5306(e)". 
(B) Section 8431 of title 5, United States Code, is amended by 
striking "5308" and inserting "5303(e), 5304(g),". 
(C) Section 9314 of title 10, United States Code, is amended by 
striking "5308" and inserting "5306(e)". 
(7) Section 5383(b)(1) of title 5, United States Code, is amended by 
striking "5304(j)," after 4507,". 
(8XA) Section 207 of title 18, United States Code, as amended by 
section 101 of Public Law 101-194 (103 Stat. 1716) and section 2 of 
Public Law 101-280 (104 Stat. 149) is amended— 
(i) in subsection (cX2) by striking subparagraph (AXii) and 
inserting the following: 
"(ii) employed in a position which is not referred to in 
clause (i) and for which the basic rate of pay, exclusive 
of any locality-based pay adjustment under section 5302 
of title 5 (or any comparable adjustment pursuant to 
interim authority of the President), is equal to or 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1441 
greater than the rate of basic pay payable for level V of 
the Executive Schedule;"; gind 
(ii) in subsection (e) by striking paragraph (6) and inserting 
the following: 
"(6) LIMITATION ON RESTRICTIONS.—(A) The restrictions con-
tained in paragraphs (2), (3), and (4) apply only to acts by a 
former employee who, for at least 60 days, in the aggregate, 
during the 1-year period before that former employee's service 
as such employee terminated, was paid a rate of basic pay equal 
to or greater than an amount which is 75 percent of the basic 
rate of pay payable for a Member of the House of Congress in 
which such employee was employed. 
"(B) The restrictions contained in paragraph (5) apply only to 
acts by a former employee who, for at least 60 days, in the 
aggregate, during the 1-year period before that former employ-
ee's service as such employee terminated, was employed in a 
position for which the rate of basic pay, exclusive of any local-
ity-b£ised pay adjustment under section 5302 of title 5 (or any 
comparable adjustment pursuant to interim authority of the 
President), is equal to or greater than the basic rate of pay 
payable for level V of the Executive Schedule.". 
(B) 'The amendments made by subparagraph (A) take effect on 
Effective date. 
January 1,1991. 
18 USC 207 note. 
(9)(A) Section 3132(a)(2) of title 5, United States Code, is amended 
by striking "in GS-16, 17, or 18 of the General Schedule" and 
inserting "classified above GS-15 pursuant to section 5108". 
(B) Section 3304a(a) of title 5, United States Code, is amended by 
striking "in GS-16, 17, or 18)" and inserting "in a position classified 
above GS-15 pursuant to section 5108)". 
(C)(i) Section 3324(a) of title 5, United States Code, is amended by 
striking "in GS-16, 17, or 18" and inserting "classified above GS-15 
pursuant to section 5108". 
(ii) The heading for such section 3324 is amended by striking "at 
GS-16, 17, or 18' and inserting "to positions classified above GA-
15". 
(iii) The table of sections for chapter 33 of title 5, United States 
Code, is amended by striking the item relating to section 3324 and 
inserting the following: 
"3324. Appointments to positions classified above GS-15.". 
(D) Section 3405(b) of title 5, United States Code, is amended by 
striking "fixed for GS-16 of the General Schedule." and inserting 
"payable under section 5376.". 
(E) Section 3594(c)(lXA) of title 5, United States Code, is amended 
by striking "at GS-15 or above of the General Schedule" and 
inserting "at GS-15 of the General Schedule or classified above GS-
15 pursuant to section 5108,". 
(F) Section 5102(c)(25) of title 5, United States Code, is amended by 
striking "maximum rate for GS-18;" and inserting "rate for level V 
of the Executive Schedule;". 
(G) Section 5109(b) of title 5, United States Code, is amended by 
striking "is clsissified at GS-18" through the period and inserting 
"shall be considered a position classified above GS-15 pursuant to 
section 5108.". 
(H) Section 5373 of title 5, United States Code, is amended by 
striking "maximum rate for GS-18." and inserting "rate for level IV 
of the Executive Schedule.". 
104 STAT. 1442 
PUBLIC LAW 101-509—NOV. 5, 1990 
(I) The first sentence of section 5382(b) of title 5, United States 
Code, is amended by striking "for GS-16 of the General Schedule" 
and inserting "under section 5376". 
(J) Section 5595(a)(2Xi) of title 5, United States Code, is amended— 
(i) by striking "employee, other" £ind inserting "employee 
(other"; 
(ii) by inserting "or an employee whose pay is fixed under 
section 5376)" before "whose rate"; and 
(iii) by striking "GS-18;" and inserting "the Executive 
Schedule;". 
(K) Section 8476(dXl) of title 5, United States Code, is amended by 
striking "grade GS-18 of the General Schedule" and inserting "level 
IV of the Executive Schedule". 
2 use 60a-2. 
(10) Section 3(b) of Public Law 92-298 and section 14(b) of Public 
Law 92-392 shall be treated as if (as of their respective dates of 
enactment) the phrase "to read as follows:" contained in each, had 
instead read "by striking the matter before subparagraph (A) and 
inserting the following:". 
5 use 5376 note. 
(c) OTHER REFERENCES.—Until otherwise provided by law— 
(1) any reference in a provision of law (which is outside title 5, 
United States (Dode, and in effect immediately before this sec-
tion takes effect, excluding any reference in a provision of law 
amended by this Act)— 
(AXi) to the rate of pay for grade GS-18 of the General 
Schedule, or to the maximum rate of pay under the General 
Schedule, shall be considered a reference to the maximum 
rate payable under section 5376 of such title (as amended by 
section 102(a)); 
(ii) to the minimum rate of pay for grade GS-16 of the 
General Schedule shall be considered a reference to the 
minimum rate payable under section 5376 of such title (as 
amended by section 102(a)); and 
(iii) to a rate of pay for grade GS-16 or 17 of the Greneral 
Schedule shall (except as provided in clause (ii)) be consid-
ered a reference to a rate of pay for a position classified 
above GS-15 pursuant to section 5108 of such title (as 
amended by section 102(bX2)); and 
(B) to a rate of pay under the General Schedule shall not 
include any comparability payment payable under section 
5304 of such title (as amended by this section) or any 
geographic adjustment payable under section 302; and 
(2) any authority granted by a provision of law (which is 
outside such title, and in effect immediately before this section 
takes effect) to fix pay in accordance with chapter 51 and 
subchapter III of chapter 53 of such title— 
(A) shall not be considered to include any authority under 
section 5304 of such title (as amended by this section) or 
section 302; but 
(B) shall be considered to include authority under section 
5376 of such title (as amended by section 102(a)), if 
applicable. 
5 use 5376 note. 
(d) REGULATIONS.—The Office of Personnel Management may pre-
scribe regulations, consistent with subsection (cXlXB) and section 
303, governing the conversion or adjustment of rates of pay, where 
necessary because of the abolishment of grades GS-16, 17, and 18 of 
the General Schedule. 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1443 
(e) SENSE OF CONGRESS.—It is the sense of the Congress that the 
total funds dedicated to adjustments under sections 5303 and 5304 
for any year be no less than the total funds that would have been 
dedicated to adjustments under such section 5303 for such year had 
the full change in the ECI been applied to pay rates for such year. 
SEC. 102. PAY FOR POSITIONS ABOVE GS-15 AND CERTAIN OTHER 
POSITIONS. 
(a) IN GENERAL.—(1) Subchapter VII of chapter 53 of title 5, 
United States Code, is amended by adding after section 5375 the 
following new section: 
"§ 5376. Pay for certain senior-level positions 
"(a) This section applies to— 
"(1) positions that are classified above GS-15 pursuant to 
section 5108; and 
"(2) scientific or professional positions established under sec-
tion 3104; 
but does not apply to— 
"(A) any Senior Executive Service position under section 3132; 
or 
"(B) any position in the Federal Bureau of Investigation and 
Drug Enforcement Administration Senior Executive Service 
under section 3151. 
"OJXD Subject to such regulations as the Office of Personnel 
Management prescribes, the head of the agency concerned shall fix 
the rate of basic pay for any position within such agency to which 
this section applies. A rate fixed under this section shall be— 
"(A) not less than 120 percent of the minimum rate of basic 
pay payable for GS-15 of the General Schedule; and 
"(B) not greater than the rate of basic pay payable for level IV 
of the Executive Schedule. 
The pajnnent of a rate of basic pay under this section shall not be 
subject to the pay limitation of section 5306(e) or 5373. 
"(2) Subject to paragraph (1), effective at the beginning of the 
first applicable pay period commencing on or after the first day 
of the month in which an adjustment takes effect under section 
5303 in the rates of pay under the General Schedule, each rate 
of pay established under this section for positions within an 
agency shall be adjusted by such amount as the head of such 
agency considers appropriate.". 
(2) The table of sections for chapter 53 of title 5, United States 
Code, is amended by adding after the item relating to section 
5375 the following new item: 
"5376. Pay for certain senior-level positions.". 
(b) AMENDMENTS TO CHAPTER 51 OF TITLE 5, UNITED STATES 
CODE.—(1) Section 5104 of title 5, United States Code, is amended— 
(A) in the second sentence, by striking "18"; and 
(B) by striking paragraphs (16) through (18). 
(2) Section 5108 of title 5, United States Code, is amended to read 
as follows: 
"§ 5108. Classincation of positions above GS-15 
"(a) The Office of Personnel Management may, for any Executive 
agency— 
104 STAT. 1444 
PUBLIC LAW 101-509—NOV. 5, 1990 
"(1) establish, and from time to time revise, the maximum 
number of positions which may at any one time be classified 
above GS-15; and 
"(2) establish standards and procedures (including requiring 
agencies, where necessary in the judgment of the Office, to 
obtain the prior approval of the Office) in accordance with 
which positions may be classified above GS-15; 
President. 
"(b) The President, rather than the Office, shall exercise the 
authority under subsection (a) in the case of positions proposed to be 
placed in the Federal Bureau of Investigation and Drug Enforce-
ment Administration Senior Executive Service.". 
(c) EXCLUSION FROM SUBCHAPTER III OF CHAPTER 53.—Section 
5331(b) of title 5, United States Code, is amended to read as follows: 
"(b) This subchapter applies to employees and positions to which 
chapter 51 applies, other than Senior Executive Service positions, 
positions in the Federal Bureau of Investigation and Drug Enforce-
ment Administration Senior Executive Service, and positions to 
which section 5376 applies.". 
SEC. 103. PAY FOR CRITICAL POSITIONS. 
(a) IN GENERAL.—Subchapter VII of chapter 53 of title 5, United 
States Code, is amended by section 102, is further amended by 
adding at the end the following new section: 
"§ 5377. Pay authority for critical positions 
"(a) For the j)urpose of this section— 
"(1) the term 'agency' has the meaning given it by section 
5102; and 
"(2) the term 'position' means— 
"(A) a position to which chapter 51 applies, including a 
position in the Senior Executive Service or the Federal 
Bureau of Investigation and Drug Enforcement Administra-
tion Senior Executive Service; 
"(B) a position under the Executive Schedule under sec-
tions 5312-5317; 
"(C) a position to which section 5372 applies (or would 
apply, but for this section); and 
"(D) a position to which section 5372a applies (or would 
apply, but for this section). 
"(b) Authority under this section— 
"(1) may be granted or exercised only with respect to a 
position— 
"(A) which requires expertise of an extremely high level 
in a scientific, technical, professional, or administrative 
field; and 
"(B) which is critical to the agency's successful accom-
plishment of an important mission; and 
"(2) may be granted or exercised only to the extent necessary 
to recruit or retain an individual exceptionally well qualified for 
the position. 
"(c) The Office of Management and Budget, in consultation with 
the Office of Personnel Management, may, upon the request of the 
head of an agency, grant authority to fix the rate of basic pay for 1 
or more positions in such agency in accordance with this section. 
"(dXD The rate of basic pay fixed under this section by an agency 
head may not be less than the rate of basic pay (including any 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1445 
comparability payments) which would then otherwise be payable for 
the position involved if this section had never been enacted. 
"(2) Basic pay may not be fixed under this section at a rate greater 
than the rate payable for level I of the Executive Schedule, except 
upon written approval of the President. 
"(e) The authority to fix the rate of basic pay under this section 
for a position shall terminate— 
\ 
"(1) whenever the Office of Management and Budget deter-
mines (in accordance with such procedures and subject to such 
terms or conditions as such Office by regulation prescribes) that 
1 or more of the requirements of subsection (b) are no longer 
met; or 
"(2) as of such date as such Office may otherwise specify, 
except that termination under this paragraph may not take 
effect before the authority has been available for such position 
for at least 1 calendar year. 
"(f) The Office of Management and Budget may not authorize the 
exercise of authority under this section with respect to more than 
800 positions at any time, of which not more than 30 may, at any 
such time, be positions the rate of basic pay for which would 
otherwise be determined under subchapter II. 
"(g) The Office of Management and Budget shall consult with the 
Office of Personnel Management before prescribing regulations 
under this section or msiking any decision to grant or terminate any 
authority under this section. 
"(h) The Office of Management and Budget shall report to the Reports. 
Committee on Post Office and Civil Service of the House of Rep-
resentatives and the Committee on Govemmentgd Affairs of the 
Senate each year, in writing, on the operation of this section. Each 
report under this subsection shall include— 
"(1) the number of positions, in the aggregate and by agency, 
for which higher rates of pay were authorized or paid under this 
section during any part of the period covered by such report; 
and 
"(2) the n£ime of each employee to whom a higher rate of pay 
was paid under this section during any portion of the period 
covered by such report, the rate on rates paid under this section 
during such period, the dates between which each such higher 
rate was paid, and the rate or rates that would have been paid 
but for this section.", 
(b) TABLE OF SECTIONS.—The table of sections for chapter 53 of 
title 5, United States (Uode, as amended by section 102, is further 
amended by adding at the end the following new item: 
"5377. Pay authority for critical positions.". 
SEC. 104. ADMINISTRATIVE LAW JUDGES AND CONTRACT APPEALS 
BOARD MEMBERS. 
(a) PAY PROVISIONS.—(1) Section 5372 of title 5, United States 
CJode, is amended to read as follows: 
"§ 5372. Administrative law judges 
"(a) For the purposes of this section, the term 'administrative law 
judge' means an administrative law judge appointed under section 
3105. 
"(bXD There shall be 3 levels of basic pay for administrative law 
judges (designated as AL-1, 2, and 3, respectively), and each such 
j u ^ e shall be paid at 1 of those levels, in accordance with the 
104 STAT. 1446 
PUBLIC LAW 101-509—NOV. 5, 1990 
Regulations. 
Regulations. 
Federal 
Register, 
publication. 
provisions of this section. The rates of basic pay for those levels shall 
be as follows: 
"AL-3, rate A 
65 percent of the rate of basic pay for 
level rV of the Executive Schedule. 
"AL-3, rate B 
70 percent of the rate of basic pay for 
level rV of the Executive Schedule. 
"AL-3, rate C 
75 percent of the rate of basic pay for 
level rV of the Executive Schedule. 
"AL-3, rate D 
80 percent of the rate of basic pay for 
level rV of the Executive Schedule. 
"AL-3, rate E 
85 percent of the rate of basic pay for 
level rV of the Executive Schedule. 
"AL-3, rate F 
90 percent of the rate of basic pay for 
level rV of the Executive Schedule. 
"AL-2 
95 percent of the rate of basic pay for 
level rV of the Executive Schedule. 
"AL-1 
The rate of basic pay for level IV of the 
Executive Schedule. 
"(2) The Office of Personnel Management shall determine, in 
accordance with procedures which the Office shall by regulation 
prescribe, the level in which each administrative-law-judge position 
shall be placed and the qualifications to be required for appointment 
to each level. 
"(3)(A) Upon appointment to a position in AL-3, an administrative 
law judge shall be paid at rate A of AL-3, and shall be advanced 
successively to rates B, C, and D of that level upon completion of 52 
weeks of service in the next lower rate, and to rates E and F of that 
level upon completion of 104 weeks of service in the next lower rate. 
"(B) The Office of Personnel Management may provide for 
appointment of an administrative law judge in AL-3 at an advanced 
rate under such circumstances as the Office may determine 
appropriate. 
'(c) The Office of Personnel Management shall, prescribe regula-
tions necessary to administer this section.". 
(2) Subchapter VII of chapter 53 of title 5, United States Code, is 
amended by inserting before section 5373 the following new section: 
"§ 5372a. Contract appeals board members 
"(a) For the purpose of this section— 
"(1) the term 'contract appeals board member' means a 
member of an agency board of contract appeals appointed under 
section 8 of the Contract Disputes Act of 1978; and 
"(2) the term 'appeals board' means an agency board of 
contract appeals established pursuant to section 8 of the Con-
tract Disputes Act of 1978. 
"(b) Rates of basic pay for contract appeals board members shall 
be as follows: 
"(1) Chairman of an appeals board—the rate of basic pay 
pavable for level IV of the Executive Schedule. 
(2) Vice chairman of an appeals board—97 percent of the 
rate under paragraph (1). 
"(3) Other members of an appeals board—94 percent of the 
rate under paragraph (1). 
"(c) Rates of pay taking effect under this section shall be printed 
in the Federal Register and the Code of Federal Regulations.". 
(b) TABLE OF SECTIONS.—The table of sections for chapter 53 of 
title 5, United States Code, is amended by inserting before the item 
relating to section 5373 the following new item: 
"5372a. Contract appeals board members.". 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1447 
(c) AMENDMENTS TO 5 U.S.C. 5311.—Section 5311 of title 5, United 
States Code, is amended— 
(1) by striking subsection (b); £ind 
(2) in subsection (a), by striking "(a)". 
(d) TECHNICAL AND 
CONFORMING AMENDMENTS.—(1) 
Section 
5102(c) of title 5, United States Code, is amended— 
(A) in paragraph (27), by striking "or"; 
(B) in paragraph (28), by striking the period and inserting a 
semicolon; and 
(C) by adding at the end the following new items: 
"(29) administrative law judges appointed under section 3105; 
or 
"(30) members of agency boards of contract appeeds appointed 
under section 8 of the Contract Disputes Act of 1978.". 
(2) Section 5335(aXB) of title 5, United States Code, is amended by 
striking ", except an administrative law judge appointed under 
section 3105 of this title,". 
(3) Section 428(b) of the Black Lung Benefits Act (30 U.S.C. 9380))) 
is amended by striking the sentence beginning "Each administrative 
law judge presiding" and inserting "Each administrative law judge 
presiding under this section and under the provisions of titles I, II 
and III of this Act shall receive compensation at a rate determined 
under section 5372 of title 5, United States Code.". 
(4) Section SQo) of the Contract Disputes Act of 1978 is amended— 
41 USC 607. 
(A) in paragraph (1), by striking the last 2 sentences thereof 
and inserting the following: "Compensation for the chairman, 
the vice chairman, and all other members of £in agency board 
shall be determined under section 5372a of title 5, United States 
Code."; and 
(B) in paragraph (2), by striking the last 2 sentences thereof 
and inserting the following: "The chgdrman and all other mem-
bers of such board shall receive compensation, at the daily 
equivalent of the rates determined under section 5372a of title 
5, United States Code, for each day they are engaged in the 
actual performance of their duties as members of the board.". 
(e) CONVERSION RULE FOR ALJS.—In making initial pay adjust- 
5 USC 5372 note, 
ments for administrative law judges after this section and the 
amendments made by this section take effect, the rate of basic pay 
for any such judge shall, upon conversion to the new pay system, be 
at least equal to the rate which wsis payable to that individual 
immediately before such conversion. 
SEC. 105. SPECIAL OCCUPATIONAL PAY SYSTEMS. 
(a) IN GENERAL.—(1) Chapter 53 of title 5, United States Code, is 
amended by inserting after subchapter VIII the following new 
subchapter: 
"SUBCHAPTER 
IX—SPECIAL 
OCCUPATIONAL 
PAY 
SYSTEMS 
"5391. Definitions. 
"5392. Establishment of special occupational pay systems. 
"§ 5391. Definitions 
"For the purposes of this subchapter, 'agency', 'employee', and 
'position' have the meanings given them by section 5102. 
104 STAT. 1448 
PUBLIC LAW 101-509—NOV. 5, 1990 
Federal 
Register, 
publication. 
Reports. 
Federal 
Register, 
publication. 
"§ 5392. Establishment of special occupational pay systems 
"(a) Authority under this section may be exercised with respect to 
any occupation or group of occupations to which subchapter III 
applies (or would apply but for this section). 
"(h) Subject to subsection (a), the President's pay agent (as re-
ferred to in section 5304(d)) may establish one or more special 
occupational pay systems for any positions within occupations or 
groups of occupations that the pay agent determines, for reasons of 
good administration, should not be classified under chapter 51 or 
subject to subchapter III. 
"(c) In establishing special occupationed pay systems, the pay 
agent shall— 
"(1) identify occupations or groups of occupations for which 
chapter 51 and subchapter III do not function adequately; 
"(2) consider alternative approaches for determining the pay 
for employees in positions in such occupations or groups of 
occupations; 
"(3) give thorough consideration to the views of agencies 
employing such employees and labor organizations representing 
such employees, as well as other interested parties; 
"(4) publish a proposed plan for determining the pay of such 
employees in the Federal Register; 
' (5) conduct one or more public hearings; 
"(6) provide each House of Congress with a report at least 90 
days in advance of the date the system is to take effect setting 
forth the details of the proposed plan; and 
"(7) not later than 30 days before the date the system is to 
take effect, publish in the Federal Register the details of the 
final plan for the special occupational pay system. 
"(d) A special occupational pay system may not— 
"(1) provide for a waiver of any law, rule, or regulation that 
could not be waived under section 4703(c); or 
"(2) provide a rate of basic pay for any employee in excess of 
the rate payable for level V of the Executive Schedule. 
"(e) Subject to subsection (dX2), effective at the beginning of the 
first applicable pay period commencing on or after the first day of 
the month in which an adjustment takes effect under section 5303 in 
the rates of pay under the General Schedule, each rate of pay 
established under this section shall be adjusted by such amount as 
the Office considers appropriate.". 
(2) The table of sections for chapter 53 of title 5, United States 
Coide, is amended by adding at the end the following new matter: 
"SUBCHAPTER IX—SPECIAL OCCUPATIONAL PAY SYSTEMS 
"Sec. 
"5391. Definitions. 
"5392. Establishment of special occupational pay systems.". 
(b) PAY RETENTION.—(1) Section 5361(5) of title 5, United States 
Code, is amended by inserting "a special occupational pay system 
under subchapter IX," before or". 
(2) Section 5363(a) of title 5, United States C!ode, is amended— 
(A) in paragraph (2), by striking "or" after the semicolon; 
(B) in paragraph (3), by inserting "or" after the semicolon; 
and 
(C) by inserting after paragraph (3) the following new 
paragraph: 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1449 
"(4) who is in a position subject to this subchapter and who is 
subject to a reduction or termination of a rate of pay established 
under subchapter IX of chapter 53;". 
SEC. 106. ELIMINATION OF GS-11 THRESHOLD FOR NEW APPOINTEES TO 
BE PAID ABOVE MINIMUM RATES. 
Section 5333(a) of title 5, United States Code, is amended by 
striking "in GS-11 or above". 
SEC. 107. ADVANCES OF PAY. 
(a) IN GENERAL.—Subchapter III of chapter 55 of title 5, United 
States Code, is amended by inserting after section 5524 the following 
new section: 
"§ 5524a. Advance payments for new appointees 
"(a) The head of each agency may provide for the advance pay-
ment of basic pay, covering not more than 2 pay periods, to any 
individual who is newly appointed to a position in the agency. 
"(bXD Subject to adjustment of the account of an employee under 
paragraph (2) and other applicable statutes, the advance pajonent of 
basic pay shall be made, under agency procedures governing ad-
vance payments under this section, at the initial rate of basic pay to 
be payable to the employee upon the commencement of service in 
the position to which appointed. 
"(2) The head of each agency shall provide for— 
"(A) the review of the account of each employee of the agency 
in receipt of any payment under this section; and 
"(B) the adjustment of the amount of any such payment on 
the basis of the rate of basic pay to which the employee would 
have been entitled under applicable statute other than this 
section for the respective periods covered by the pajnnents, if 
the employee had performed active service under the terms of 
such employee's appointment during each period in the position 
to which appointed. 
"(c) An advance payment under this section is recoverable by the 
Government of the United States or the government of the District 
of Columbia, as the case may be, from the employee or such employ-
ee's estate by— 
"(1) setoff against accrued pay, amount of retirement credit, 
or other amount due to the employee from the Government of 
the United States or the government of the District of Colum-
bia; and 
"(2) such other method as is provided by law. 
The head of the agency concerned may waive in whole or in part a 
right of recovery of an advance payment under this section if it is 
shown that the recovery would be against equity and good con-
science or against the public interest.". 
(b) TABLE OF SECTIONS.—The table of sections for chapter 55 of 
title 5, United States Code, is gmiended by inserting after the item 
relating to section 5524 the following new item: 
"5524a. Advance payments for new appointees.". 
SEC. 108. REEMPLOYMENT OF RETIREES. 
(a) AMENDMENT TO 5 U.S.C. 5532.—Section 5532 of title 5, United 
States Code, is amended by adding at the end the following new 
subsection: 
-194 O - 91 - 4 : QL 3 Part 3 
104 STAT. 1450 
PUBLIC LAW 101-509—NOV. 5, 1990 
"(gXD The Director of the Office of Personnel Management may, 
at the request of the head of an Executive agency— 
"(A) waive the application of the preceding provisions of this 
section on a case-by-case basis for employees in positions for 
which there is exceptional difficulty in recruiting or retaining a 
qualified employee; or 
"(B) grant authority to the head of such agency to waive the 
application of the preceding provisions of this section, on a case-
by-case basis, for an employee serving on a temporary basis, but 
only if, and for so long as, the authority is necessary due to an 
emergency involving a direct threat to life or property or other 
unusual circumstances. 
Regulations. 
"(2) The Office shall prescribe regulations for the exercise of any 
authority under this subsection, including criteria for any exercise 
of authority and procedures for terminating a delegation of author-
ity under paragraph (IXB).". 
(b) AMENDMENT TO 5 U.S.C. 8344.—Section 8344 of title 5, United 
States Code, is amended by adding at the end the following new 
subsection; 
"(iXD The Director of the Office of Personnel Management may, 
at the request of the head of an Executive agency— 
"(A) waive the application of the preceding provisions of this 
section on a case-by-case basis for employees in positions for 
which there is exceptional difficulty in recruiting or retaining a 
qualified employee; or 
"(B) grant authority to the head of such agency to waive the 
application of the preceding provisions of this section, on a case-
by-case basis, for an employee serving on a temporary basis, but 
only if, and for so long as, the authority is necessary due to an 
emergency involving a direct threat to life or property or other 
unusual circumstances. 
Regulations. 
"(2) The Office shall prescribe regulations for the exercise of any 
authority under this subsection, including criteria for any exercise 
of authority and procedures for terminating a delegation of author-
ity under paragraph (IXB). 
"(3) An employee to whom a waiver under subparagraph (A) or (B) 
of paragraph (1) applies shall not be deemed an employee for the 
purpc^es of this chapter or chapter 84 while such waiver is in 
effect.". 
(c) AMENDMENT TO 5 U.S.C. 8468.—Section 8468 of title 5, United 
States Code, is amended by adding at the end thereof the following 
new subsection: 
"(fKD The Director of the Office of Personnel Management may, 
at the request of the head of an Executive agency— 
"(A) waive the application of the preceding provisions of this 
section on a case-by-case basis for employees in positions for 
which there is exceptional difficulty in recruiting or retaining a 
qualified employee; or 
"(B) grant authority to the head of such agency to waive the 
application of the preceding provisions of this section, on a case-
by-case basis, for an employee serving on a temporary basis, but 
only if, and for so long as, the authority is necessary due to an 
emergency involving a direct threat to life or property or other 
unusual circumstances. 
Regulations. 
"(2) The Office shall prescribe regulations for the exercise of any 
authority under this subsection, including criteria for any exercise 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1451 
of authority and procedures for terminating a delegation of author-
ity under paragraph (IXB). 
"(3) An employee to whom a waiver under subparagraph (A) or (B) 
of paragraph (1) applies shall not be deemed an employee for the 
purposes of chapter 83 or this chapter while such waiver is in 
effect.". 
SEC. 
1
0
9
. 
NEW PAY STRUCTURE FOR THE POLICE FORCES OF THE 
BUREAU OF ENGRAVING AND PRINTING 
AND THE 
UNITED 
STATES 
MINT. 
(a) AMENDMENTS.—(1)(A) Subchapter VII of chapter 53 of title 5, 
United States Code, as amended by sections 102 and 103, is further 
amended by adding at the end the following new section: 
"§ 5378. Police forces of the Bureau of Engraving and Printing 
and the United States Mint 
"(a) The Secretary of the Treasury shall fix the rates of basic pay 
for positions within the police forces of the Bureau of Engraving and 
Printing gmd the United States Mint in accordsmce with the 
following: 
"(1) Entry-level police officer—not more than the maximum 
rate payable for GS-6. 
"(2) Journeyman-level police officer—not more than the maxi-
mum rate payable for GS-7. 
"(3) Corporal—not more than the maximum rate payable for 
GS-8. 
"(4) Sergeant—not more than the maximum rate payable for 
GS-9. 
"(5) Lieutenant—not more than the maximum rate payable 
for GS-10. 
"(6) Deputy Inspector—not more than the maximum rate 
pavable for GS-11. 
'(7) Inspector—not more than the maximum rate payable for 
GS-12. 
"Ot)) For the purpose of this section, the term 'police forces of the 
Bureau of Engraving and Printing and the United States Mint' 
means the employees of the Department of the Treasury who are 
appointed, under the authority of the Secretary of the Treasury, as 
police officers for the protection of the Bureau of Engraving and 
Printing and the United States Mint buildings and property.". 
(B) The table of sections for subchapter VII of chapter 53 of title 5, 
United States Code, as amended by sections 102 and 103, is further 
amended by adding at the end the following new item: 
"5378. Police forces of the Bureau of Engraving and Printing and the United States 
Mint.". 
(2) Section 5102(cX5) of title 5, United States Code, is amended— 
(A) by striking "and members" and inserting "members"; and 
(B) by adding "and members of the police forces of the Bureau 
of Engraving and Printing and the United States Mint whose 
pay is fixed under section 5378 of this title;" after the last 
semicolon. 
Qo) SPECIAL PAY RATES NOT AFFECTED.—Nothing in this section or 
5 USC 5378 note, 
in any amendment made by this section shall— 
(1) affect any special pay rate under section 5305 of title 5, 
United States Code, established before this section takes effect; 
or 
104 STAT. 1452 
PUBLIC LAW 101-509—NOV. 5, 1990 
(2) impair any authority to fix or adjust special pay rates 
under such section 5305 (or a succeeding provision of law) for 
positions within the police forces of the Bureau of Engraving 
and Printing and the United States Mint. 
5 u s e 5378 note. 
(c) EFFECTIVE DATE; CONVERSION AND SAVINGS PROVISIONS.—(1) 
This section and the amendments made by this section shall become 
effective on the first day of the first applicable pay period beginning 
on or £ifter the 30th day following the date of enactment of this Act. 
(2XA) A special pay rate (as defined in subparagraph (B)) shall 
apply to an individual holding a position if— 
(i) as a result of the initial exercise of authority with respect 
to such position under the amendment made by subsection 
(aXlXA), such individual would (but for this paragraph) be 
paid— 
(I) at the step of the grade for which such special pay rate 
is then in effect; or 
(II) at a level which is between steps for which special pay 
rates are then in effect; and 
(ii) such position is within the area or location with respect to 
which that special pay rate or those special pay rates, as 
applicable, are then in effect. 
Regulations. 
The Secretary of the Treasury shall prescribe regulations for deter-
mining which special pay rate shall apply in a situation described in 
clause (iXII). 
(B) For the purpose of this paragraph, the term "special pay rate" 
means a rate which-^ 
(i) is established under section 5303 of title 5,, United States 
Code (or a succeeding provision of law); 
(ii) is applicable to positions within the police forces of the 
Bureau of Engraving and Printing and the United States Mint; 
and 
(iii) has been in effect (including any adjustments under 
section 5303(d) of such title) since on or before the effective date 
of this section. 
(3) No rate of basic pay in effect immediately before this section 
takes effect shall be reduced by reason of the enactment of this 
section. 
SEC. 110. COMPENSATION OF STANDING TRUSTEES APPOINTED UNDER 
TITLES 11 AND 28, UNITED STATES CODE. 
(a) COMPENSATION.—Section 586(eXlXA) of title 28, United States 
Code, is amended to read as follows: 
"(A) a maximum annual compensation for such individual 
consisting of— 
"(i) an amount not to exceed the highest annual rate of 
basic pay in effect for level V of the Executive Schedule; 
and 
"(ii) the cash value of employment benefits comparable to 
the emplojrment benefits provided by the United States to 
individuals who are employed by the United States at the 
same rate of basic pay to perform similar services during 
the same period of time; and". 
28 use 586 note. 
(b) AppucATiON T
O ALL STANDING TRUSTEES.—The amendment 
made by subsection (a) shall apply to any trustee to whom the 
P
rovisions of section 302(dX3) of the Bankruptcy Judges, United 
tates Trustees, and Family Farmer Bankruptcrjr Act of 1986 (Public 
Law 99-54; 100 Stat. 3121) apply. 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1453 
SEC. 111. PAY-FOR-PERFORMANCE LABOR-MANAGEMENT COMMITTEE. 
5 USC 5301 note. 
(a) POLICY.—It is the policy of Congress that— 
(1) the Federal Grovemment should institute systems for 
determining pay for its Genersil Schedule employees under 
which the linkage between their performance and their pay will 
be strengthened; 
(2) the design of such systems should be developed by the 
Office of Personnel Management, in conjunction with the Pay-
for-Performance Labor-Management Committee; 
(3) the systems should provide flexibility to adapt to the 
different needs of different agencies and organizational compo-
nents in the Federsd Government; and 
(4) any legislation needed to implement the systems should be 
enacted in a timely fashion so as to permit implementation of 
the system by October 1,1993. 
(b) ESTABLISHMENT.—The Office of Personnel Management shall 
establish a Pay-for-Performance Labor-Management Committee to 
advise the Office on the design and establishment of systems for 
strengthening the linkage between the performance of General 
Schedule employees and their pay. 
(c) MEMBERSHIP.—The members of the Committee shall be— 
(1) a Chairman, who shall be appointed by the Director of the 
Office of Personnel Management on the basis of the appointee's 
education, training, and experience as an expert in compensa-
tion practices, and after consultation with the Committee on 
Governmental Affairs of the Senate and the Committee on Post 
Office and Civil Service of the House of Representatives, 
respectively; 
(2) an employee of the Office of Personnel Management, 
designated by the Director of such Office; 
(3) an employee of the Department of Defense, designated by 
the Secretary of Defense; 
(4) 3 individuals, each of whom shall be an employee des-
ignated by the head of each of 3 other departments or agencies 
selected by the Director of the Office of Personnel Management 
from among departments and agencies having substantial num-
bers of General Schedule employees; and 
(5) 6 individuals appointed by the Director of the Office of 
Personnel Management to serve as representatives of employee 
organizations which represent substantial numbers of General 
Schedule employees, and who shall be selected with due consid-
eration to such factors as the relative numbers of General 
Schedule employees represented by the various organizations, 
except that not more than 3 members of the Committee at any 
one time shall be from a single employee organization, council, 
federation, alliance, association, or affiliation of employee 
organizations. 
(d) PAY FOR MEMBERS.—The Chairman shall be paid at a rate of 
basic pay for the Senior Executive Service, to be determined by the 
Director of the Office of Personnel Management. The members of 
the Committee who are otherwise employees of the Federal Govern-
ment shall not receive any additional pay by reason of their service 
on the Committee. The members of the Committee who are not 
otherwise employees of the Federal Government shall not be paid 
for their service on the Committee and shall not be considered 
104 STAT. 1454 
PUBLIC LAW 101-509—NOV. 5, 1990 
employees of the Federal Government for any purpose by reason of 
their service on the Committee. 
(e) ADMINISTRATIVE SUPPORT.—The Office of Personnel Manage-
ment may provide staff and administrative support for the 
Committee. 
(f) FuNCJTiONS.—The Committee shall review available reports and 
studies on performance evaluation and performance-based pay sys-
tems (including a report to be prepared by the National Academy of 
Sciences) and any other pertinent information. 
(g) REPORT TO THE OFFICE OF PERSONNEL MANAGEMENT.—No later 
than 1 year after the date of enactment of this Act, the Committee 
shall submit a report to the Director of the Office of Personnel 
Management, which shall include recommendations as to— 
(1) the types of pay raises to be covered; 
(2) guidelines for pay-for-performance systems, including the 
criteria to be used in determining eligibility for and the amount 
of increases in basic pay above the midpoint of the pay range; 
(3) the role organization performance should play in pay-for-
performance systems; 
(4) any differences in pay-for-performance systems for dif-
ferent categories of employees; 
(5) the role for employee organizations in the implementation 
and operation of pay-for-performance systems; and 
(6) whether demonstration projects on pay-for-performance 
are desirable. 
42 u s e 3501 
SEC. 112. POSITION TITLES IN CERTAIN DEPARTMENTS. 
(a) CHANGE IN POSITION TITLE.—(1) The position of Under Sec-
retary of Health and Human Services, established by section 2 of 
Reorganization Plan No. 1 of 1953 (67 Stat. 631), is retitled the 
Deputy Secretary of Health and Human Services. 
(2) The Act of May 9,1935 (49 Stat. 177, 43 U.S.C. 1452) is amended 
by striking "Under Secretary" and inserting "Deputy Secretary", 
(3) The Department of Education Organization Act (20 U.S.C. 3401 
et seq.) is amended— 
(A) in section 104(3) (20 U.S.C. 3404(3)), by striking "Under 
Secretary" both places it appears and inserting "Deputy Sec-
retary"; and 
(B) in section 202(a) (20 U.S.C. 3412(a))— 
(i) in the first sentence, by striking "an Under Secretary" 
and inserting "a Deputy Secretary"; and 
(ii) in subsequent sentences, by striking "Under Sec-
retary" each place it appears and inserting "Deputy Sec-
retary". 
(4) The first sentence of section 4(a) of the Department of Housing 
and Urban Development Act (42 U.S.C. 3533(a)) is amended by 
striking "an Under Secretary" and inserting "a Deputy Secretary . 
(b) COMPENSATION OF DEPUTY SECRETARIES.—Section 5313 of title 
5, United States C!ode, is amended by adding at the end the 
following: 
"Deputy Secretary of Health and Human Services. 
"Deputy Secretary of the Interior. 
"Deputy Secretary of EJducation. 
"Deputy Secretary of Housing and Urban Development.". 
20 use 3404 
(c) CONSTRUCTION OF REFERENCES.—Any reference in any statute, 
^°^- 
reorganization plan, regulation, executive order, or any document 
issued pursuant thereto in force on the date this section takes effect 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1455 
to the Under Secretary of Heeilth and Human Services, the Under 
Secretary of the Interior, the Under Secretary of Education, or the 
Under Secretary of Housing and Urban Development shall be 
deemed to be a reference to the Deputy Secretary of Health and 
Himian Services, the Deputy Secretary of the Interior, the Deputy 
Secretary of Education, or the Deputy Secretary of Housing and 
Urban Envelopment, respectively. 
(d) CONFORMING AMENDMENTS.—Section 5314 of title 5, United 
States Code, is amended by striking the following: 
"Under Secretary of Health and Human Services. 
"Under Secretary of the Interior. 
"Under Secretary of Education. 
"Under Secretary of Housing and Urban Development.". 
(e) EFFECTIVE DATE; CONTINUED SERVICE BY INCUMBENTS.—(1) This 
20 use 3404 
section shall take effect on the first day of the first pay period that 
note-
begins on or after the date of enactment of this Act. 
(2XA) The incumbent in the position of Under Secretary of Health 
and Human Services on the day immediately preceding the date this 
section takes effect may serve as Deputy Secretary of Health and 
Human Services at the pleasure of the President after such day. 
(B) The incumbent in the position of Under Secretary of the 
Interior on the day immediately preceding the date this section 
takes effect may serve as Deputy Secretary of the Interior at the 
pleasure of the President after such day. 
(C) The incumbent in the position of Under Secretary of Education 
on the day immediately preceding the date this section takes effect 
may serve as Deputy Secretary of Education at the pleasure of the 
President after such day. 
(D) The incumbent in the position of Under Secretary of Housing 
and Urban Development on the day immediately preceding the date 
this section takes effect may serve as Deputy Secretary of Housing 
and Urban Development at the pleasure of the President after such 
day. 
SEC. 113. DIRECTOR OF THE CENSUS BUREAU. 
Title 5, United States Code, is amended— 
(1) in section 5316, by striking the item relating to the Direc-
tor, Bureau of the Census, Department of Commerce; and 
(2) in section 5315, by adding at the end the following: 
"Director, Bureau of the Census, Department of Commerce.". 
TITLE II—AMENDMENTS RELATING TO AWARDS, ALLOW-
ANCES, DIFFERENTIALS, AND OTHER RELATED MATTERS 
SEC. 201. TIME OFF FROM DUTY AS AN INCENTIVE AWARD. 
Section 4502 of title 5, United States Code, is amended by adding 
at the end the following new subsection: 
"(eXD Notwithstanding section 4501(2), for the purpose of this 
subsection, 'employee' includes an employee covered by the perform-
ance management and recognition system established under chapter 
54. 
"(2) The Office of Personnel Management may by regulation 
permit agencies to grant employees time off from duty, without loss 
of pay or charge to leave, as an award in recognition of superior 
accomplishment or other personal effort that contributes to the 
quality, efficiency, or economy of Grovemment operations.". 
104 STAT. 1456 
PUBLIC LAW 101-509—NOV. 5, 1990 
SEC. 202. UNIFORM ALLOWANCES. 
(a) AMENDMENTS TO SECTION 5901 
OF TITLE 5, UNITED STATES 
CODE.—Section 5901(a) of title 5, United States Code, is amended— 
(1) in the first sentence, by striking "an amount' through the 
period and inserting "such sums as may be necessary to carry 
out this subchapter."; and 
(2) by striking "$125 a year" each place it appears and 
inserting "$400 a year (or such higher maximum amount as the 
Office of Personnel Management may establish under section 
5902).". 
(b) AMENDMENTS TO SECTIONS 5902 AND 5903 OF TITLE 5, UNITED 
STATES CIODE.—Title 5, United States Code, is amended by striking 
sections 5902 and 5903 and inserting the following: 
"§ 5902. Increase in maximum uniform allowance 
"The Office of Personnel Management may, from time to time, by 
regulation adjust the maximum amount for the cost of uniforms and 
the maximum allowance for uniforms under section 5901. 
"§ 5903. Regulations 
"The Office of Personnel Management may prescribe such regula-
tions as it considers necessary for the administration of this sub-
chapter.". 
SEC. 203. DIFFERENTIAL FOR PHYSICAL HARDSHIP OR HAZARD. 
Section 5545(D) of title 5, United States Code, is amended— 
(1) in the first sentence, by striking "irregular or intermit-
tent"; and 
(2) in paragraph (1), by striking "thereof;" and inserting 
"thereof, except in such circumstances as the Office may by 
regulation prescribe;". 
SEC. 204. EXCEPTION FROM LIMITATION ON PREMIUM PAY. 
Section 5547 of title 5, United States Code, is amended— 
(1) in subsection (a), by inserting after "GS-15" the following: 
"(including any applicable locality-based comparability pay-
ment under section 5304 or similar provision of law and any 
applicable special rate of pay under section 5305 or similar 
provision of law)"; and 
(2) by amending subsection (b) to read as follows: 
"(bXl) Subject to regulations prescribed by the Office of Personnel 
Management, the first sentence of subsection (a) shall not apply to 
an employee who is paid premium pay by reason of work in connec-
tion with an emergency which involves a direct threat to life or 
property, including a forest wildfire emergency. 
"(2) Notwithstanding paragraph (1), no employee referred to in 
such paragraph may be paid premium pay under the provisions of 
law cited in the first sentence of subsection (a) if, or to the extent 
that, the aggregate of such employee's basic pay and premium pay 
under those provisions would, in any calendar year, exceed the 
maximum rate payable for GS-15 in effect at the end of such 
calendar year.". 
SEC. 205. HEALTH CARE POSITIONS. 
(A) IN GENERAL.—Section 5371 of title 5, United States Code, is 
amended to read as follows: 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1457 
"§ 5371. Health care positions 
"(a) For the purposes of this section, 'health care' means direct 
patient-care services or services incident to direct patient-care 
services. 
"(b) The Office of Personnel Management may, with respect to 
any employee described in subsection (c), provide that 1 or more 
provisions of chapter 73 of title 38 shall apply— 
"(1) in lieu of any provision of chapter 51 or 61, or any other 
provision of this chapter; or 
"(2) notwithstanding any lack of specific authority for a 
matter with respect to which chapter 51 or 61, or this chapter, 
relates. 
"(c) Authority under subsection (b) may be exercised with respect 
to any employee holding a position— 
(1) to which chapter 51 applies, excluding any Senior Execu-
tive Service position and any position in the Federal Bureau of 
Investigation and Drug Enforcement Administration Senior 
Executive Service; and 
(2) which involves health care responsibilities.". 
(b) TABLE OF SECTIONS.—The table of sections for chapter 53 of 
title 5, United States Code, is amended by striking the item relating 
to section 5371 and inserting the following: 
"5371. Health care positions.". 
SEC. 206. TRAVEL AND TRANSPORTATION EXPENSES FOR CANDIDATES 
AND NEW APPOINTEES. 
(a) INTERVIEW EXPENSES.—(1) Chapter 57 of title 5, United States 
Code, is amended by inserting after section 5706a the following new 
section: 
"§ 5706b. Interview expenses 
"An individual being considered for employment by an agency 
may be paid travel or transportation expenses under this subchapter 
for travel to and from pre-employment interviews determined nec-
essary by the agency.". 
(2) The table of sections for chapter 57 of title 5, United States 
Code, is amended by inserting after the item relating to section 
5706a the following new item: 
"5706b. Interview expenses.". 
(b) OTHER EXPENSES.—Section 5723(a)(1) of title 5, United States 
Code, is gmaended— 
(1) in subparagraph (A), by striking "a position" through 
"shortage," and inserting "any position,'; and 
(2) in subparagraph (C), by striking "the minimum rate of pay 
prescribed for GS-16; and" and inserting "the minimum rate of 
pay payable for a position classified above GS-15 pursuant to 
section 5108; and". 
SEC. 207. PERFORMANCE-BASED CASH AWARDS. 
(a) IN GENERAL.—Chapter 45 of title 5, United States Code, is 
amended by inserting after section 4505 the following new section: 
"§ 4505a. Performance-based cash awards 
"(aXl) An employee whose most recent performance rating was at 
the fully successful level or higher (or the equiveilent thereof) may 
be paid a cash award under this section. 
104 STAT. 1458 
PUBLIC LAW 101-509—NOV. 5, 1990 
"(2XA) A cash award under this section shall be equal to an 
amount determined appropriate by the head of the agency, but may 
not be more than 10 percent of the employee's annual rate of basic 
pay. Notwithstanding the preceding sentence, the agency head may 
authorize a cash award equal to an amount exceeding 10 percent of 
the employee's annual rate of basic pay if the agency head deter-
mines that exceptional performance by the employee justifies such 
an award, but in no case may an award under this section exceed 20 
percent of the employee's annual rate of basic pay. 
"(B) For purposes of computing a percentage of a rate of basic pay 
under subparagraph (A), the rate of basic pay used shall be deter-
mined without taking into account any comparability pa5anent 
under section 5304. 
"0>X1) A cash award under this section shall be paid as a lump 
sum, and may not be considered to be part of the basic pay of an 
employee. 
"(2) The failure to pay a cash award under this section, or the 
amount of such an award, may not be appealed. The preceding 
sentence shall not be construed to extinguish or lessen any right or 
remedy under subchapter II of chapter 12 or under any of the laws 
referred to in section 2302(d). 
Regulations. 
"(c) The Office shall prescribe such regulations as it considers 
necessary for the administration of subsections (a) and (b). 
"(d) At the request of the head of an Executive agency, the 
President may authorize the application of the preceding provisions 
of this section with respect to 1 or more categories of employees 
within such agency who would not otherwise be covered by this 
section (including authority under subsection (c) to prescribe any 
necessary regulations).". 
(b) TABLE OF SECTIONS.—The table of sections for chapter 45 of 
title 5, United States C!ode, is amended by inserting after the item 
relating to section 4505 the following new item: 
"4505a. Performance-based cash awards.". 
SEC. 208. RECRUITMENT, RELOCATION, AND RETENTION PAYMENTS. 
(a) IN GENERAL.—Subchapter IV of chapter 57 of title 5, United 
States Code, is amended by adding at the end the following new 
sections: 
"§ 5753. Recruitment and relocation bonuses 
"(a) The Office of Personnel Management may authorize the head 
of an agency to pay a bonus to an employee who is newly appointed 
to a position under the General Schedule, or to an employee under 
the General Schedule or under any other pay authority in the 
executive, legislative, or judicial branch who must relocate to accept 
a position under the General Schedule, if the Office determines that 
the agency would be likely, in the absence of such a bonus, to 
encounter difficulty in filling the position. 
"(bXlXA) The amount of a bonus under this section shall be 
determined by regulations of the Office, but may not exceed 25 
percent of the annual rate of basic pay of the position to which the 
employee is being appointed or relocated. 
"(B) For purposes of computing a percentage of a rate of basic pay 
under subparagraph (A), the rate of basic pay used shall be deter-
mined without taking into account any comparability payment 
under section 5304. 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1459 
"(2) Payment of a bonus under this section shall be contingent 
Government 
upon the employee entering into an agreement with the agency to 
contracts. 
complete a period of emplojrment with the agency, with the required 
period determined pursuant to regulations of the Office. If the 
employee voluntarily fails to complete such period of service or is 
separated from the service before completion of such period of 
service for cause on charges of misconduct or delinquency, the 
employee shall repay the bonus on a pro rata basis. 
(3) A bonus under this section shall be paid as a lump sum, and 
may not be considered to be part of the basic pay of £in employee. 
"(4) Under regulations of the Office, a recruitment bonus may be 
paid to a newly-hired employee before the employee enters on duty. 
"(c) For the purpose of this section— 
"(1) the terms 'agency' and 'employee' have the meanings 
given them by section 5102; and 
"(2) any reference to 'a position under the General Schedule' 
or 'an employee under the (Jeneral Schedule' shall be consid-
ered to be a reference to any position or employee to which 
subchapter III of chapter 53 applies. 
"(d) The Office shall prescribe such regulations as it considers Regulations, 
necessary for the administration of subsections (a) through (c). 
"(e) At the request of the head of an Executive agency, the 
President may authorize the application of the preceding provisions 
of this section with respect to 1 or more categories of em^jloyees 
within such agency who would not otherwise be covered by this 
section (including authority under subsection (d) to prescribe any 
necessary regulations). 
"§ 5754. Retention allowances 
"(a) The Office of Personnel Management may authorize the head 
of an agency to pay an allowance to an employee under the General 
Schedule if^ 
"(1) the unusually high or unique qualifications of the em-
ployee or a special need of the agency for the employee's 
services makes it essential to retain the employee; and 
"(2) the Eigency determines that the employee would be likely 
to leave in the absence of a retention allowance. 
"(bXl) A retention allowance, which shall be stated as a percent-
age of the rate of basic pay (excluding any comparability payments 
under section 5304) of the employee, may not exceed 25 percent of 
such rate of basic pay. 
"(2) A retention allowance may not be considered to be part of the 
basic pay of an employee, and the reduction or elimination of a 
retention allowance may not be appealed. The preceding sentence 
shall not be construed to extinguish or lessen any right or remedy 
under subchapter II of chapter 12 or under any of the laws referred 
to in section 2302(d). 
"(3) A retention allowance shall be paid at the same time and in 
the same manner as the employee's basic pay is paid. 
"(c) For the purpose of this section— 
"(1) the terms 'agency' and 'employee' have the meanings 
given them by section 5102; and 
"(2) any reference to 'an employee under the General Sched-
ule' shall be considered to be a reference to any employee 
holding a position to which subchapter III of chapter 53 applies. 
"(d) The Office shall prescribe such regulations as it considers Regulations, 
necessary for the administration of subsections (a) through (c). 
104 STAT. 1460 
PUBLIC LAW 101-509—NOV. 5, 1990 
"(e) At the request of the head of an Executive agency, the 
President may authorize the appHcation of the preceding provisions 
of this section with respect to 1 or more categories of employees 
within such agency who would not otherwise be covered by this 
section (including authority under subsection (d) to prescribe any 
necessary regulations).". 
(b) TABLE OF SECTIONS.—The table of sections for chapter 57 of 
title 5, United States Code, is amended by adding srfter the item 
relating to section 5752 the following new items: 
"5753. Recruitment and relocation bonuses. 
"5754. Retention allowances. 
5 u s e 5305 note. 
SEC. 209. STAFFING DIFFERENTIALS. 
(a) IN GENERAL.—Effective on the first day of the first applicable 
pay period beginning on or after January 1, 1991, the President may 
establish staffing differentials equal to 5 percent of basic pay, which 
may be paid to each General Schedule employee whose position is 
in— 
(1) grade GS-5 or 7 of the (Jeneral Schedule; or 
(2) a 2-grade-interval occupational series, as determined by 
the Office of Personnel Management. 
(b) MANNER OF PAYMENT; REDUCTION OR ELIMINATION.—A staffing 
differential under this section— 
(1) shall be paid in the same manner and at the same time as 
the employee's basic pay is paid, but may not be considered to 
be part of basic pay for any purpose; and 
(2) may be reduced or eliminated by the Office of Personnel 
Management in its sole discretion as the amendments made by 
this Act take effect, except that no such reduction or elimi-
nation shall have the effect of reducing the total amount of pay 
(determined by adding basic pay and staffing differential) which 
any employee is receiving. 
SEC. 210. PREMIUM PAY AMENDMENTS. 
Subchapter V of chapter 55 of title 5, United States Code, is 
amended— 
(1) in section 5542, by adding at the end the following new 
subsection: 
"(c) Subsection (a) shall not apply to an employee who is subject to 
the overtime pay provisions of section 7 of the Fair labor Standards 
Act of 1938. In the case of an employee who would, were it not for 
the preceding sentence, be subject to this section, hours of work in 
excess of 8 hours in a day shall be deemed to be overtime hours for 
the purposes of such section 7 and hours in a paid nonwork status 
shall be deemed to be hours of work."; 
(2) in section 5543(aXl), by inserting after **pa3nnent" the 
following: "under section 5542 or section 7 of the Fair Labor 
Standards Act of 1938"; and 
(3) in section 5544, by adding at the end of subsection (a) "This 
section, other than the sixth sentence, shall not be applicable to 
an employee who is subject to the overtime pay provisions of 
section 7 of the Fair Labor Standards Act of 1938. In the case of 
an employee who would, were it not for the preceding sentence, 
be subject to this section, hours of work in excess of 8 hours in a 
day shall be deemed to be overtime hours for the purposes of 
such section 7 and hours in a paid nonwork status shall be 
deemed to be hours of work.". 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1461 
SEC. 211. SUPERVISORY DIFFERENTIALS. 
(a) IN GENERAL.—Subchapter IV of chapter 57 of title 5, United 
States Code, as amended by section 208, is further amended by 
adding at the end the following: 
§ 5755. Supervisory differentials 
"(aXD The Office of Personnel Management may authorize the 
head of an agency to pay a differential to an employee under the 
Greneral Schedule who has supervisory responsibility for 1 or more 
employees not under the General Schedule, if 1 or more of the 
subordinate employees would, in the absence of such a differential, 
be paid more than the supervisory employee. 
' (2) For the purposes of comparing the pay of a supervisory 
employee under the General Schedule with the pay of a subordinate 
employee not under the General Schedule, comparability pa5nnents 
under section 5304, differentials, and allowances that are not a part 
of basic pay may be taken into consideration, as provided by regula-
tions of the Office. 
"ObXD A supervisory differential, which shall be stated as a 
percentage of the supervisory employee's rate of basic pay (exclud-
ing any comparability pa3rments under section 5304) or as a dollar 
amount, may not cause the supervisory employee's pay to exceed the 
pay of the highest paid subordinate employee by more than 3 
percent. 
"(2) A supervisory differential may not be considered to be part of 
the basic pay of an employee, and the reduction or elimination of a 
supervisory differential may not be appealed. The preceding sen-
tence shall not be construed to extinguish or lessen any right or 
remedy under subchapter II of chapter 12 or under any of the laws 
referred to in section 2302(d). 
"(3) A supervisory differential shall be paid in the same manner 
and at the same time as the employee's basic pay is paid. 
"(c) For the purpose of this section— 
"(1) the terms 'agency' and 'employee' have the meanings 
given them by section 5102; and 
"(2) any reference to 'an employee under the General Sched-
ule' shall be considered to be a reference to any employee 
holding a position to which subchapter III of chapter 53 applies. 
"(d) The Office shall prescribe such regulations as it considers 
Regulations. 
necessary for the administration of this section.". 
(b) TECHNICAL AND CONFORMING AMENDMENTS.—(1) Section 5333 
of title 5, United States Code, is amended— 
(A) in the section heading, by striking "; higher rates for 
supervisors of prevailing rate employees"; 
(B) in subsection (a), by striking "(a)"; and 
(C) by striking subsection (b). 
(2) ITie table of sections for chapter 53 of title 5, United States 
Code, is amended by striking the item relating to section 5333 and 
inserting the following: 
"5333. Minimum rate for new appointments.". 
TITLE III—MISCELLANEOUS PROVISIONS 
SEC. 301. BUDGET ACT COMPLIANCE. 
5 USC 5301 note. 
For purposes of the Congressional Budget Act of 1974, any author-
ity to make payments under this Act or any amendment made by 
104 STAT. 1462 
PUBLIC LAW 101-509—NOV. 5, 1990 
this Act shall be effective only to the extent provided for in advance 
in appropriation Acts. 
5 u s e 5304 note. 
SEC. 302. INTERIM GEOGRAPHIC ADJUSTMENTS. 
(A) DEFINITIONS.—For the purpose of this section— 
(1) the term "area" means any consolidated metropolitan 
statistical area, primary metropolitan statistical area, or metro-
politan statistical area, with at least 5,000 General Schedule 
employees; and 
(2) the term "pay relative" shall have the meaning given such 
term under regulations prescribed by the Bureau of Labor 
Statistics. 
Ob) AUTHORITY.—(1) The President may establish geographic 
adjustments of up to 8 percent of basic pay which may be paid to 
each Greneral Schedule employee (including an employee covered by 
the performance management and recognition system) whose duty 
station is within any area where such adjustment is needed (as 
determined under paragraph (2)). 
President. 
(2) In determining areas where an interim geographic adjustment 
is needed, the President shall consider available evidence of signifi-
cant pay disparities, including BLS information on pay relatives and 
relevant 
commercial 
surveys, and 
recruitment 
or 
retention 
problems. 
(c) ADMINISTRATION.—(1) An adjustment under this section shall 
be administered, to the extent practicable, in the same manner as 
locality-based comparability payments under subchapter I of chap-
ter 53 of title 5, United States Code (as amended by this Act), 
including in terms of— 
(A) the basic pay to which a percentage is applied in comput-
ing an amount payable under this section; 
(B) the purposes for which any amount under this section is to 
be considered part of basic pay; 
(C) the time and manner in which amounts under this section 
are to be paid (including any maximum rate limitation); and 
(D) the authority of the President, upon request of an agency 
head, to extend this section to employees who would not other-
wise be covered. 
(2) No amount payable under this section shall be taken into 
account in any survey or computation under, or for any other 
purpose in the administration of, section 5304 of title 5, United 
States Code (as so amended). 
President. 
(c) COMMENCEMENT AND TERMINATION RULES.—(1) The effective 
date of an adjustment under this section shall be as determined by 
the President, but not later than January 1,1994. 
(2XA) The size of any pajmaents under this section may be reduced 
or terminated after the amendments made by section 101 of this Act 
take effect, except that the reduction or termination of a payment 
under this section may not have the effect of reducing, for the 
individual involved, the total rate at which additional forms of basic 
pay (as defined in subparagraph (B)) are payable to such individual. 
(B) The total rate to which subparagraph (A) applies is the sum 
of— 
(i) the rate at which comparability pajrments (under section 
5304 of title 5, United States Code, as amended by such Act) are 
payable; and 
(ii) the rate at which payments under this section are payable. 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1463 
(d) EMPLOYEES RECEIVING SPECIAL PAY RATES.—The President (or 
his designated agent) shall determine what, if any, geographic 
adjustment shall he payable under this section in the case of an 
employee whose rate of pay is fixed under section 5303 of title 5, 
United States Code, as in effect before the date of enactment of this 
Act. 
(e) EFFECTIVE DATE.—This section shall take effect on the date of 
enactment of this Act. 
SEC. 303. PAY RATES FOR CURRENT EMPLOYEES. 
Nothing in this Act or in any amendment made by this Act shall 
have the effect of diminishing the rate of basic pay payable to any 
individual employed by the United States on the date of the enact-
ment of this Act to a rate below the rate payable to such individual 
on such date, so long as that individual continues in such position 
without a break in service. 
SEC. 304. SENIOR BIOMEDICAL RESEARCH SERVICE. 
(a) IN GENERAL.—Title II of the Public Health Service Act is 
amended by adding at the end the following: 
President. 
5 u s e 5301 note. 
SENIOR BIOMEDICAL RESEARCH SERVICE 
"SEC. 228. (a) There shall be in the Public Health Service a Senior 
Biomedical Research Service (hereinafter in this section referred to 
as the 'Service'), not to exceed 350 members at any time. 
"(b) The Service shall be appointed by the Secretary without 
regard to the provisions of title 5, United States Code, regarding 
appointment, and shall consist of individuals outstanding in the 
field of biomedical research or clinical research evaluation. No 
individual may be appointed to the Service unless such individual (1) 
has earned a doctoral level degree in biomedicine or a related field, 
and (2) meets the qualification standards prescribed by the Office of 
Personnel Management for appointment to a position at G&-15 of 
the General Schedule. Notwithstanding any previous applicability 
to an individual who is a member of the Service, the provisions of 
subchapter I of chapter 35 (relating to retention preference), chapter 
43 (relating to performance appraisal and performance actions), 
chapter 51 (relating to classification), subchapter III of chapter 53 
(relating to General Schedule pay rates), and chapter 75 (relating to 
adverse actions) of title 5, United States Code, shall not apply to any 
member of the Service. 
"(c) The Secretary shall develop a performance appraisal system 
designed to— 
"(1) provide for the systematic appraisal of the performance of 
members, and 
"(2) encourage excellence in performance by members. 
"(dXl) The Secretary shall determine, subject to the provisions of 
this subsection, the pay of members of the Service. 
"(2) The pay of a member of the Service shall not be less than the 
minimum rate payable for GS-15 of the CJeneral Schedule and shall 
not exceed the rate payable for level I of the Executive Schedule 
unless approved by the President under section 5377(dX2) of title 5, 
United States Code. 
"(e) The Secretary may, upon the request of a member who— 
Establishment. 
42 u s e 237. 
104 STAT. 1464 
PUBLIC LAW 101-509—NOV. 5, 1990 
"(1) performed service in the employ of an institution of 
higher education immediately prior to his appointment as a 
member of the Service, and 
"(2) retains the right to continue to make contributions to the 
retirement system of such institution, 
contribute an amount not to exceed 10 percent per annum of the 
member's basic pay to such institution's retirement system on 
behalf of such member. A member who requests that such contribu-
tion be made shall not be covered by, or earn service credit under, 
any retirement system established for employees of the United 
States under title 5, United States Code, but such service shall be 
creditable for determining years of service under section 6303(a) of 
such title. 
"(f) Subject to the following sentence, the Secretary may, notwith-
standing the provisions of title 5, United States 0)de, regarding 
appointment, appoint an individual who is separated from the Serv-
ice involuntarily and without cause to a position in the competitive 
civil service at GS-15 of the (Jeneral Schedule, and such appoint-
ment shall be a career appointment. In the case of such an individ-
ual who immediately prior to his appointment to the Service was 
not a career appointee in the civil service or the Senior Executive 
Service, such appointment shall be in the excepted civil service and 
may not exceed a period of 2 years. 
Regulations. 
"(g) The Secretary shall promulgate such rules and regulations, 
not inconsistent with this section, as may be necessary for the 
efficient administration of the Service.", 
(b) TECHNICAL AND CONFORMING AMENDMENTS.—Section 211(d) of 
42 use 212. 
the Public Health Service Act is amended by— 
(1) striking out "and" at the end of paragraph (2); 
(2) striking out the period at the end of paragraph (3) and 
inserting in lieu thereof "; and"; and 
(3) adding at the end thereof a new paragraph as follows: 
"(4) service performed as a member of the Senior Biomedical 
Research Service established by section 228, except that, if there 
are more than 5 years of such service, only the last 5 years 
thereof may be included.". 
42 use 212 note. 
(c) EFFECTIVE DATE.—Except as otherwise provided, the provisions 
of this section shall be effective on the 90th day following the date of 
the enactment of this Act. 
5 u s e 5301 note. 
SEC. 305. EFFECTIVE DATE. 
(a) GENERALLY.—Except as otherwise provided in this Act, this Act 
and the amendments made by this Act shall take effect on such date 
as the President shall determine, but not earlier than 90 days, and 
not later than 180 days, after the date of enactment of this Act. 
(b) SPECIAL RULE.—The first calendar year in which comparability 
pajnnents under section 5304 of title 5, United States Code (as 
amended by this Act), are paid shall be the calendar year beginning 
on January 1, 1994. 
5 u s e 5301 note. 
SEC. 306. ADDITIONAL RULE OF CONSTRUCTION. 
Notwithstanding section 10)), a reference in any of the preceding 
provisions of this title to "this Act" (other than a reference in 
section 301) shall not be considered to include any provision of title 
IV. 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1465 
TITLE IV—FEDERAL LAW ENFORCEMENT PAY REFORM 
SEC. 401. SHORT TITLE. 
This title may be cited as the "Federal Law Enforcement Pay 
Reform Act of 1990". 
SEC. 402. DEFINITION. 
For the purposes of this title, except as otherwise provided, the 
term "law enforcement officer" means any law enforcement officer 
within the meaning of section 8331(20) or section 8401(17) of title 5, 
United States C!ode, with respect to whom the provisions of chapter 
51 of such title apply. 
SEC. 403. SPECIAL RATES FOR LAW ENFORCEMENT OFFICERS. 
(a) Notwithstanding the procedures of section 5305 of title 5, 
United States Code, as amended by section 101 of this Act, or similar 
provision of law, higher minimum rates and corresponding increases 
in all step rates of each designated General Schedule grade shall be 
established for law enforcement officers in accordance with the 
provisions of this section. 
Ot)Xl) Effective on the first day of the first applicable pay period 
beginning on or after January 1, 1992, the higher minimum rates to 
be established are as follows: 
GS-3 
Step 4 
GS-4 
Step 4 
GS-5 
Step 4 
GS-6 
Step 3 
GS-7 
Step 3 
GS-8 
Step 3 
GS-9 
Step 2 
GS-10 
Step 2 
(2) Effective on the first day of the first applicable pay period 
beginning on or after January 1, 1993, the higher minimum rates to 
be established are as follows: 
GS-3 
Step? 
GS-4 
Step? 
GS-5 
Steps 
GS-6 
Step 6 
GS-? 
Step 5 
GS-8 
Step 3 
GS-9 
Step 2 
GS-10 
Step 2 
(c) The higher minimum rates and corresponding higher rates for 
each step rate of each designated grade shall apply to every law 
enforcement officer in the designated grades (except in the case of 
any law enforcement officer for whom a higher rate is authorized 
under section 5305 of title 5, United States Code, as amended by 
section 101 of this Act, or similar provision of law) in the same 
manner as rates established under section 5305 of such title, as so 
amended, and may be increased in accordance with subsection (f) of 
such section 5305. 
(d) Any interim entry-level adjustment under section 303 of this 
Act which a law enforcement officer is receiving shall be eliminated 
on the day before the effective date of the higher minimum rates 
under subsection (bXD. 
Federal Law 
Enforcement 
Pay Reform Act 
of 1990. 
5 u s e 5305 note. 
5 u s e 5305 note. 
5 u s e 5305 note. 
104 STAT. 1466 
PUBLIC LAW 101-509—NOV. 5, 1990 
5 u s e 5305 note. 
SEC. 404. SPECIAL PAY ADJUSTMENTS FOR LAW ENFORCEMENT OFFI-
CERS IN SELECTED CITIES. 
(a) A law enforcement officer shall be paid any applicable special 
pay adjustment in accordance with the provisions of this section, but 
such special pay adjustment shall be reduced by the amount of any 
applicable interim geographic adjustment under section 302 of this 
Act, any applicable locality-based comparability pa3anent under 
section 5304 of title 5, United States Code, as amended by section 
101 of this Act, and any applicable special rate of pay under section 
5305 of such title, as so amended, or any similar provision of law. 
db) Except as provided in subsection (a), effective on the first day of 
the first applicable pay period beginning on or after January 1,1992, 
each law enforcement officer whose post of duty is in one of the 
following areas shall receive an adjustment, which shall be a 
percentage of the officer's rate of basic pay, as follows: 
Area 
Differential 
Boston-Lawrence-Salem, MA-NH Consolidated Metropolitan Statis-
tical Area 
16% 
Chicago-Gary-Lake County, IL-IN-WI Consolidated Metropolitan 
Statistical Area 
4% 
Los Angeles-Anaheim-Riverside, CA Consolidated Metropolitan Sta-
tistical Area 
16% 
New York-Northern New Jersey-Long Island, NY-NJ-CT Consoli-
dated Metropolitan Statistical Area 
16% 
Philadelphia-Wilmington-Trention, PA-NJ-DE-MD Consolidated 
Metropolitfm Statistical Area 
4% 
San Francisco-Oakland-^an Jose, CA Consolidated Metropolitan 
Statistical Area 
16% 
San Diego, CA Metropolitan Statistical Area 
8% 
Washington, DC-MD-VA Metropolitan Statistical Area 
4% 
(cXD A special pay adjustment under this section shall be adminis-
tered, to the extent practicable, in the same manner as a locality-
based comparability pajrment under section 5304 of title 5, United 
States Code, as amended by section 101 of this Act, and shall be 
considered part of basic pay to the same degree as such a locality-
based comparability pa5nnent. 
(2) The Office of Personnel Management may prescribe such 
regulations as it considers necessary concerning the pa3anent of 
special pay adjustments to law enforcement officers under this 
section. 
5 u s e 5305 note. 
SEC. 405. SAME BENEFITS FOR OTHER LAW ENFORCEMENT OFFICERS. 
Regulations. 
(a) The appropriate agency head (as defined in subsection (c)) shall 
prescribe regulations under which the purposes of sections 403 and 
404 sh£ill be carried out with respect to individuals holding positions 
described in subsection O
t
>
)
. 
(b) This subsection applies with respect to any— 
(1) member of the United States Secret Service Uniformed 
Division; 
(2) member of the United States Park Police; 
(3) special agent within the Diplomatic Security Service; 
(4) probation officer (referred to in section 3672 of title 18, 
United States Code); or 
(5) pretrial services officer (referred to in section 3153 of title 
18, United States Code). 
(c) For the purposes of this section, the term "appropriate agency 
head" means— 
(1) with respect to any individual under subsection (bXl), the 
Secretary of the Treasury; 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1467 
(2) with respect to any individual under subsection 05X2), the 
Secretary of the Interior; 
(3) with respect to any individual under subsection Ot)X3), the 
Secretary of State; 
(4) with respect to any individual under subsection 03X4) or 
Ot))(5), the Director of the Administrative Office of the United 
States Courts. 
SEC. 406. FBI NEW YORK FIELD DIVISION. 
5 USC 5305 note. 
Notwithstanding section 601(aX2) of Public Law 100-453, as 
amended, the Office of Personnel Management shall reduce the rate 
of periodic payments under such section as the provisions of this Act 
are implemented: Provided, That no such reduction results in a 
reduction of the total pay for any employee of the New York Field 
Division of the Federal Bureau of Investigation. Notwithstanding 
such section 601(aX2), the Office of Personnel Management may 
make such periodic payments inapplicable to employees newly ap-
pointed to, or transferred to, the New York Field Division on or 
after January 1,1992. 
SEC. 407. RELOCATION PAYMENTS. 
5 USC 5305 note. 
Notwithstanding section 575303X1XA) of title 5, United States 
Code, as added by this Act, a law enforcement officer whose rate of 
basic pay is less than $60,000 may receive a relocation pajrment of 
up to $15,000 under section 5753. 
SEC. 408. INCENTIVE BONUS FOR FOREIGN LANGUAGE CAPABILITIES. 
(a) Chapter 45 of title 5, United States Code, is amended by adding 
at the end the following: 
"SUBCHAPTER III—AWARD TO LAW ENFORCEMENT 
OFFICER FOR FOREIGN LANGUAGE CAPABILITIES 
"§ 4521. Definition 
"For the purpose of this subchapter, the term 'law enforcement 
officer' has the same meaning as under section 5949(a). 
"§ 4522. General provision 
"An award under this subchapter is in addition to the basic pay of 
the recipient. 
"§ 4523. Award authority 
"(a) An agency may pay a cash award, up to 5 percent of basic pay, 
to any law enforcement officer employed in or under such agency 
who possesses and makes substantial use of 1 or more foreign 
languages in the performance of official duties. 
"0)) Awards under this section shall be paid under regulations 
prescribed by the head of the agency involved (or designee thereof). 
Regulations prescribed by an agency head (or designee) under this 
Regulations, 
subsecton shall include— 
"(1) procedures under which foreign language proficiency 
shall be ascertained; 
"(2) criteria for the selection of individuals for recognition 
under this section; and 
"(3) any other provisions which may be necessary to carry out 
the purposes of this subchapter.". 
104 STAT. 1468 
PUBLIC LAW 101-509—NOV. 5, 1990 
O
b
) The table of sections for chapter 45 of title 5, United States 
Code, is amended by adding at the end the following: 
SUBCHAPTER III—AWARDS TO LAW ENFORCEMENT OFFICERS FOR 
FOREIGN LANGUAGE CAPABILITIES 
"4521. Definition. 
"4522. CJeneral provision. 
"4523. Award authority.". 
(c) Section 6401 of the Anti-Drug Abuse Act of 1988 (Public Law 
5 use 5541 note. 100-690; 102 Stat. 4370) is amended— 
(1) by inserting "(a) IN GENERAL.—" before the first sentence; 
and 
(2) by adding at the end the following: 
"Qoi) LIMITATION.—The provisions of this section shall apply only to 
an employee who has received a bonus under this section before 
January 1, 1992. The provisions of subchapter III of chapter 45 of 
title 5, United States Code, shall apply to £iny employee who would 
otherwise be eligible to receive a bonus under this section, on and 
after such date.". 
Effective date. 
(d) The amendments made by this section shall be effective on 
5 use 4521 note. January 1,1992. 
SEC. 409. AGE FOR MANDATORY RETIREMENT. 
(a) Section 833503) of title 5, United States Code, is amended— 
(1) in the first sentence, by striking "law enforcement officer 
of a"; and 
(2) by inserting after the first sentence the following: "A law 
enforcement officer who is otherwise eligible for immediate 
retirement under section 8336(c) shall be separated from the 
service on the last day of the month in which that officer 
becomes 57 years of age or completes 20 years of service if then 
over that age.". 
(b) Section 8425(b) of title 5, United States Code, is amended— 
(1) in the first sentence, by striking "law enforcement officer 
or" each place it appears; and 
(2) by inserting after the first sentence the following: "A law 
enforcement officer who is otherwise eligible for immediate 
retirement under section 8412(d) shall be separated from the 
service on the last day of the month in which that law enforce-
ment officer become 57 years of age or completes 20 years of 
service if then over that age.". 
Effective date. 
(c) For the purposes of this section, the effective date shall be the 
5 use 8335 note, 
date of enactment of this Act. 
SEC. 410. OVERTIME RATES. 
(a) Section 5542(a) of title 5, United States Code, is amended by 
adding at the end the following: 
"(4) Notwithstanding paragraph (2) of this subsection, for an 
employee who is a law enforcement officer (within the meaning 
of section 8331(20) or 8401(17)), and whose basic pay is at a rate 
which exceeds the minimum rate of basic pay for GS-10 (includ-
ing any applicable locality-based comparability payment under 
section 5304 or similar provision of law and any applicable 
special rate of pay under section 5305 or similar provision of 
law), the overtime hourly rate of pay is an amount equal to the 
greater of— 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1469 
"(A) one and one-half times the minimum hourly rate of 
basic pay for GS-10 (including any applicable locality-based 
comparability payment under section 5304 or similar provi-
sion of law and any applicable special rate of pay under 
section 5305 or similar provision of law); or 
"(B) the hourly rate of basic pay of the employee, 
and all that amount is premium pay.". 
(b) Section 5547 of title 5, United States Code, is amended by 
adding at the end the following: 
"(c)(1) Subsections (a) and (b) shall not apply to a law enforcement 
officer. 
"(2) A law enforcement officer may be paid premium pay under 
the provisions of law cited in the first sentence of subsection (a) only 
to the extent that the payment does not cause the officer's aggregate 
rate of pay for any pay period to exceed the lesser of— 
"(A) 150 percent of the minimum rate payable for GS-15 
(including any applicable locality-based comparability pa3nment 
under section 5304 or similar provision of law and any ap-
plicable special rate of pay under section 5305 or similar provi-
sion of law); or 
"(B) the rate payable for level V of the Executive Schedule. 
"(3) For the purposes of this subsection, 'law enforcement officer' 
means any law enforcement officer within the meaning of section 
8331(20) or section 8401(17).". 
SEC. 411. OTHER PREMIUM PAY. 
(a) Section 5541(2Xiv) of title 5, United States Code, is amended to 
read as follows: 
"(iv) a member of— 
"(I) the Metropolitam Police or the Fire Department of 
the District of Columbia; or 
"(II) a member of the United States Secret Service Uni-
formed Division, a member of the United States Park 
Police, other than for purposes of section 5545(a) and 5546;". 
(b) The amendment made by this section shall be effective on 
Effective date. 
January 1,1992. 
5 USC 5541 note. 
SEC. 412. REPORTING REQUIREMENT. 
5 USC 5305 note. 
Not later than January 1, 1993, the Office of Personnel Manage-
ment, in consultation with Federal law enforcement agencies and 
law enforcement employee groups, shall submit to Congress, in 
writing, a plan to establish a separate pay and classification system 
for law enforcement officers and specifications for legislation to 
implement such plan. 
SEC. 530. Such sums as may be necessary for fiscal year 1991 pay 
raises for programs funded by this Act shall be absorbed within the 
levels appropriated by this Act. 
SEC. 531. (a) Section 12 of the Presidential Protection Assistance 
Act of 1976 (18 U.S.C. 3056 note) is amended by striking out 
"Expenditures for this reimbursement are authorized not to exceed 
$160,000 in any one fiscal year" and inserting in lieu thereof 
"Expenditures for this reimbursement are authorized not to exceed 
$300,000 in any one fiscal year". 
(b) Funds appropriated for fiscal year 1991 for reimbursements for 
Presidential protection assistance authorized under section 12 of the 
Presidential Protection Assistance Act of 1976 (18 U.S.C. 3056 note) 
104 STAT. 1470 
PUBLIC LAW 101-509—NOV. 5, 1990 
shall be made available for any such reimbursements claimed 
during fiscal year 1990. 
SEC. 532. Title 41, United States Code, chapter 4, subchapter IV, is 
amended by inserting at the end thereof, the following new section: 
41 use 261. 
"The Internal Revenue Service may use competitive procedures or 
procedures other than competitive procedures to procure the serv-
ices of experts for use in the examination of tax returns or litigating 
any action under the Internal Revenue Code in the United States 
Tax Court, whether or not the expert is expected to testify at trial. 
The Internal Revenue Service need not provide £iny written jus-
tification for the use of procedures other than competitive proce-
dures when procuring expert services for cases involving the In-
ternal Revenue Code and need not furnish for publication in the 
Commerce Business Daily or otherwise anv notice of solicitation or 
S3niopsis with respect to such procurement.'. 
SEC. 533. Notwithstanding any other provision of this Act, the 
amount appropriated to the Federal Labor Relations Authority for 
salaries and expenses is $18,693,000. 
SEC. 534. Notwithstanding any other provision of this Act, the 
appropriation for salaries and expenses for the Advisory Committee 
on Federal Pay shall be $100,000. 
5 u s e 1101 note. 
SEC. 535. REPORT ON PRODUCTIVITY OF THE FEDERAL WORKFORCE. 
(a) IN GENERAL.—The Office of Personnel Management shall 
review and report on the productivity of the Federal workforce. The 
report shall include recommendations with regard to the following: 
(1) How productivity within the Federal workforce can be 
increased, the delivery of Government services improved, and 
the payroll costs of Government controlled through improved 
organization, training, advanced technology, and 
modern 
management practices. 
(2) The size, structure, and composition of the Federal 
workforce. 
(3) Criteria for use by departments and agencies to determine 
the level of personnel necessary to accomplish their functions 
and goals. 
(4) Changes in Federal law, regulations, and administrative 
practices to promote economy, productivity, effectiveness, and 
managerial accountability within the Federal workforce. 
O
t
>
) DEADUNE.—This report shall be submitted to Congress no later 
than 24 months after the date of enactment of this Act. 
SEC. 536. (a) Notwithstsmding any other provision of law, sick 
leave provided by section 6307 of title 5, United States Code, may be 
approved for purposes related to the adoption of a child in order to 
test the feasibility of this concept during fiscal year 1991. 
0)) Subsection (a) shall cease to be effective as of September 30, 
1991. 
SEC. 537. 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 reassign-
ment or transfer. 
5 u s e 6307 note. 
Termination 
date. 
TITLE VI—GENERAL PROVISIONS 
31 u s e 1343 
note. 
DEPARTMENTS, AGENCIES, AND CORPORATIONS 
SECTION 601. Unless otherwise specifically provided, the maxi-
mum amount allowable during the current fiscsd year in accprdance 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1471 
with section 16 of the Act of August 2, 1946 (60 Stat. 810), for the 
purchase of any passenger motor vehicle (exclusive of buses and 
ambulances), is hereby fixed at $7,100 except station wagons for 
which the maximum shall be $8,100: 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 be exceeded by 
not 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. 
SEC. 602. 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. 603. Unless otherwise specified during the current fiscal year 
5 USC 3ioi note. 
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 
Grovemment of the United States (including any agency the major-
ity of the stock of which is owned by the Grovernment 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 in-
tention 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, 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: Provided, That for the purpose of this section, an 
giffidavit signed by any such person shall be considered prima facie 
evidence that the requirements of this section with respect to his 
status have been complied with: Provided further. That any person 
making a false affidavit shall be guilty of a felony, and, upon 
conviction, shsill 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 pa3anent 
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 Repub-
lic of the Philippines or to nationals of those countries allied with 
the United States in the current defense effort, or to temporary 
emplojonent of translators, or to temporary employment in the field 
service (not to exceed sixty days) as a result of emergencies. 
SEC. 604. 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 (86 Stat. 216), or 
other applicable law. 
SEC. 605. Funds made available by this or any other Act for 
administrative expenses in the current fiscal year of the corpora-
104 STAT. 1472 
PUBLIC LAW 101-509—NOV. 5, 1990 
tions £ind 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 event any 
functions budgeted as administrative expenses are subsequently 
transferred to or paid from other funds, the limitations on adminis-
trative expenses shall be correspondingly reduced. 
SEC. 606. 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. 607. 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 carrjdng out of Acts requiring or authorizing the 
use of such credits), only when reimbursement therefor is made to 
the Treasury from applicable appropriations of the agency con-
cerned: Provided, That such credits received as exchanged allow-
ances or proceeds of sales of personal property may be used in whole 
or part pa3rment for acquisition of similar items, to the extent 
and in the manner authorized by law, without reimbursement to 
the Treasury. 
SEC. 608. 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. 609. Funds made available by this or any other Act to the 
"Postal Service Fund" (39 U.S.C. 2003) shall be available for employ-
ment 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 provisions of sections 2 and 3 of the Act 
of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318a, 318b), 
attaching thereto penal consequences under the authority and 
within the limits provided in section 4 of the Act of June 1, 1948, as 
amended (62 Stat. 281; 40 U.S.C. 318c). 
SEC. 610. 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 ap-
plicable law of the United States. 
SEC. 611. No part of gmy 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 Adminis-
tration 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 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1473 
square foot established for the space and services by the General 
Services Administration for the fiscal year for which appropriations 
were granted. 
SEC. 612. (a) Notwithstanding any other provision of law, and 
5 USC 5343 note. 
except as otherwise provided in this section, no part of any of the 
funds appropriated for the fiscal years ending September 30, 1991, 
or September 30, 1992, by this Act or any other Act, may be used to 
pay any prevailing rate employee described in section 5342(aX2XA) 
of title 5, United States C!ode, or any employee covered by section 
5348 of that t i t l e -
C
D during the period from the date of expiration of the 
limitation imposed by section 612 of the Treasury, Postal Serv-
ice, and General Grovemment Appropriations Act, 1990, until 
the first day of the first applicable pay period that begins not 
less than ninety days after that date, in an amount that exceeds 
the rate payable for the applicable grade and step of the ap-
plicable wage schedule in accordance with such section 612; and 
(2) during the period consisting of the remainder, if any, of 
fiscal year 1991, and that portion of fiscal year 1992, that 
precedes the normal effective date of the applicable wage survey 
adjustment that is to be effective in fiscal year 1992, in an 
amount that exceeds, as a result of a wage survey adjustment, 
the rate payable under paragraph (1) of this subsection by more 
than the overall average percentage adjustment in the General 
Schedule during fiscal year 1991. 
(b) Notwithstanding any other provision of law, no prevailing rate 
employee described in subparagraph (B) or (C) of section 5342(aX2) of 
title 5, United States Code, may be paid during the periods for which 
subsection (a) of this section 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 purpose of this section, the rates payable to an em- 
Regulations. 
ployee who is covered by this section and who is paid from a 
schedule that was not in existence on September 30, 1990, shall be 
determined under regulations prescribed by the Office of Personnel 
Management. 
(d) Notwithstanding any other provision of law, rates of premium 
pay for employees subject to this section may not be changed from 
the rates in effect on September 30, 1990, except to the extent 
determined by the Office of Personnel Management to be consistent 
with the purpose of this section. 
(e) The provisions of this section shall apply with respect to pay 
Wages. 
for services performed by any affected employee on or after 
Effective date. 
October 1,1990. 
(f) For the purpose of administering any provision of law, includ- 
Employee 
ing section 8431 of title 5, United States Code, or any rule or 
^^e*"^* P^^^-
regulation that provides premium pay, retirement, life insurance, or 
any other employee benefit, that requires any deduction or contribu-
tion, or that imposes any requirement or limitation, on the basis of a 
rate of salary or basic pay, the rate of salary or basic pay payable 
after the application of this section shall be treated as the rate of 
salary or basic pay. 
(g) Nothing in this section may be construed to permit or require 
the pajonent 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. 
104 STAT. 1474 
PUBLIC LAW 101-509—NOV. 5, 1990 
(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. 613. None of the funds made available in this Act may be 
used to plan, implement, or administer (1) any reduction in the 
number of regions, districts or entry processing locations of the 
United States Customs Service; or (2) any consolidation or cen-
tralization of duty assessment or appraisement functions of any 
offices in the United States Customs Service. 
SEC. 614. During the period in which the head of any department 
or agency, or any other officer or civilian employee of the Govern-
ment 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 improvements 
for any such office, unless advance notice of such furnishing or 
redecoration is expressly approved by the Committees on Appropria-
tions of the House and Senate. 
SEC. 615. Funds appropriated in this or any other Act may be used 
to pay travel to the United States for the immediate family of 
employees serving abroad in cases of death or life threatening 
illness of said employee. 
Reports. 
SEC. 616. (a) Notwithstanding the provisions of sections 112 and 
5 use note prec. 113 of title 3, United States Code, each Executive agency detailing 
3341. 
any personnel shall submit a report on an annual basis in each 
fiscal year to the Senate and House Committees on Appropriations 
on all employees or members of the armed services detailed to 
Executive agencies, listing the grade, position, and offices of each 
person detailed and the agency to which each such person is 
detailed. 
(b) The provisions of this section shall not apply to Federal 
employees or members of the armed services detailed to or from— 
(1) the Central Intelligence Agency; 
(2) the National Security Agency; 
(3) the Defense Intelligence Agency; 
(4) the offices within the Department of Defense for the 
collection of specialized national foreign intelligence through 
reconnaiss£ince programs; 
(5) the Bureau of Intelligence and Research of the Depart-
ment of State; 
(6) any agency, office, or unit of the Army, Navy, Air Force, 
and Marine Corps, the Federal Bureau of Investigation and the 
Drug Enforcement Administration of the Department of Jus-
tice, the Department of the Treasury, and the Department of 
Energy performing intelligence functions; and 
(7) the Director of Central Intelligence. 
(c) The exemptions in part 0)) of this section are not intended to 
apply to information on the use of personnel detailed to or from the 
intelligence agencies which is currently being supplied to the Senate 
and House Intelligence and Appropriations Committees by the 
executive branch through budget justification materials and other 
reports. 
(d) For the purposes of this section, the term "Executive agency" 
has the same meaning as defined under section 105 of title 5, United 
States Code (except that the provisions of section 104(2) of title 5, 
United States Code shall not apply) and includes the White House 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1475 
Office, the Executive Residence, and any office, council, or organiza-
tional unit of the Executive Office of the President. 
SEC. 617. No funds appropriated in this or any other Act for fiscal 
year 1991 may be used to implement or enforce the gigreements in 
Standard Forms 312 and 4355 of the Grovemment or any other 
nondisclosure policy, form or agreement if such policy, form or 
agreement does not contain the following provisions: 
"These restrictions are consistent with and do not supersede 
conflict with or otherwise alter the employee obligations, rights or 
liabilities created by Executive Order 12356; section 7211 of title 5, 
United States Code (governing disclosures to Congress); section 1034 
of title 10, United States Code, as amended by the Military Whistle-
blower Protection Act (governing disclosure to Congress by members 
of the military); section 2302(bX8) of title 5, United States Code, as 
amended by the Whistleblower Protection Act (governing disclo-
sures of illegality, waste, fraud, abuse or public health or safety 
threats); the Intelligence Identities Protection Act of 1982 (50 U.S.C. 
421 et seq.) (governing disclosures that could expose confidential 
Government agents), and the statutes which protect against disclo-
sure that may compromise the national security, including sections 
641, 793, 794, 798, and 952 of title 18, United States Code, and section 
4(b) of the Subversive Activities Act of 1950 (50 U.S.C. section 783(b)). 
The definitions, requirements, obligations, rights, sanctions and 
liabilities created by said Executive Order and listed statutes are 
incorporated into this Agreement and are controlling.". 
SEC. 618. (a) Notwithstanding any other provision of law, in the Wages. 
case of fiscal year 1991, the overall average percentage of the 
5 USC 5303 note. 
adjustment under section 5305 of title 5, United States Code, in the 
rates of pay under the General Schedule, and in the rates of pay 
under the other statutory pay systems (as defined by section 5301(c) 
of such title), shall be an increase of 4.1 percent. 
(b) Any increase in a pay rate or schedule which takes effect 
under such section 5305 in fiscal year 1991 (in accordance with 
subsection (a)) shall, to the maximum extent practicable, be of the 
same percentage, and shall take effect as of the first day of the first 
applicable pay period commencing on or after January 1, 1991. 
SEC. 619. Notwithstanding any other provision of law, no execu-
tive branch sigency shall purchase, construct, and/or lease any 
additional facilities, except within or contiguous to existing loca-
tions to be used for the purpose of conducting Federal law enforce-
ment training without the advance approval of the House and 
Senate Committees on Appropriations. 
SEC. 620. None of the funds appropriated by this or any other Act 
may be expended by any Federal agency to procure any product or 
service that is subject to the provisions of Public Law 89-306 and 
that will be available under the procurement by the Administrator 
of General Services known as "FTS2000" unless— 
(1) such product or service is procured by the Administrator of 
General Services as part of the procurement known as 
"FTS2000"; or 
(2) that agency establishes to the satisfaction of the Adminis-
trator of General Services that— 
(A) the agency's requirements for such procurement are 
unique and cannot be satisfied by property and service 
procured by the Administrator of General Services as part 
of the procurement known as "FTS2000"; and 
104 STAT. 1476 
PUBLIC LAW 101-509—NOV. 5, 1990 
Drug abuse. 
Government 
employees. 
New Ck>llege of 
California, Inc. 
Public lands. 
(B) the agency procurement, pursuant to such delegation, 
would be cost-effective and would not adversely affect the 
cost-effectiveness of the FTS2000 procurement. 
SEC. 621. No department, agency, or instrumentality of the United 
States receiving appropriated funds under this Act for fiscal year 
1991, or under any other Act appropriating funds for fiscal year 
1991, shall obligate or expend any such funds, unless such depart-
ment, agency, or instrumentality has in place, and will continue to 
administer in good faith, a written policy designed to ensure that all 
of its workplaces are free from the illegal use, possession, or dis-
tribution of controlled substances (as defined in the Controlled 
Substances Act) by the officers and employees of such department, 
agency, or instrumentality. 
SEC. 622. (a) No amount of any grant made by a Federal agency 
shall be used to finance the acquisition of goods or services (includ-
ing construction services) unless the recipient of the grant gigrees, as 
a condition for the receipt of such grant, to— 
(1) specify in any announcement of the awarding of the 
contract for the procurement of the goods and services involved 
(including construction services) the amount of Federal funds 
that will be used to finance the acquisition; and 
(2) express the amount announced pursuant to paragraph (1) 
as a percentage of the total costs of the planned acquisition. 
(b) The requirements of subsection (a) shall not apply to a procure-
ment for goods or services (including construction services) that has 
an aggregate value of less than $500,000. 
SEC. 623. Notwithstanding section 1346 of title 31, United States 
Code, or section 608 of this Act, funds made available for fiscal year 
1991 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. 624. Notwithstanding any provisions of this Act or any other 
Act, during the fiscal year ending September 30, 1991, any depart-
ment, division, bureau, or office participating in the Federal 
Flexiplace Project may use funds appropriated in this or any other 
Act to install telephone lines, necessary equipment, and pay 
monthly charges, in any private residence or private apartment: 
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. 625. Notwithstanding the provisions of the Act of Septem-
ber 13, 1982 (Public Law 97-258, 31 U.S.C. 1345), any agency, 
department 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. 626. (a) Notwithstanding any other provision of law, the 
Secretary of Education, by appropriate release instrument, shall 
release New College of California, Inc., from the requirement not to 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1477 
mortgage, or encumber the property as specified in condition subse-
quent No. 2 as set forth at page 3 of that quitclaim Deed dated 
April 14, 1975, wherein the United States of America conveyed to 
New College of California, Inc., certain real property identified in 
that deed instrument. The intent purpose of such release and waiver 
being to enable New College of California, Inc., to secure needed 
financing for repairs to the facility, as identified in paragraph (b) 
necessitated by earthquake activity of October, 1989; such purpose 
to be included in the instrument releasing the requirement not to 
mortgage. 
(b) The property, sometimes known as 50 Fell Street, is described 
as: A parcel of land situated in the City and County of San Fran-
cisco, State of California, said parcel being described in the Judg-
ment on Declaration of Taking entered 11 March 1946 in Civil 
Action No. 25791 in the District Court of the United States in and 
for the Northern District of California, Southern Division, which 
was filed March 22, 1946, in the Office of the Recorder, City and 
County of San Francisco, California. Beginning at a point on the 
northerly line of Fell Street distant therefrom 100 feet easterly from 
the easterly line of Van Ness Avenue and running thence easterly 
along said line of Fell Street 109 feet; thence at a right angle 
northerly 120 feet; thence at a right angle westerly 109 feet; thence 
at a right angle southerly 120 feet to the Point of Beginning, being a 
portion of Western Addition, Block No. 69, and known on the 
assessor's map as Lot 10, Block 814, City and County of San Fran-
cisco, California. 
SEC. 627. (a) Agencies receiving funds appropriated by any Act and 
which award contracts under the Federal Acquisition Regulations 
shall provide to the General Accounting Office during October 1991, 
the following information for contracts awarded during fiscal year 
1991— 
(1) the number and total dollar value of contracts awarded 
which required bonding of the contractors; 
(2) the number and total dollar value of contracts for which 
individual sureties were used to meet the bonding requirements; 
(3) the number of defaults by contractors using individual 
sureties and percentage they represent of total defaults; 
(4) the number of individual sureties who defaulted on their 
obligation and the total dollar value of such defaults; and 
(5) the number of contracts awarded to Minority Business 
Enterprises which required bonding of contractors and the 
number of these which used individual sureties to meet the 
bonding requirements. 
GJ) The General Accounting Office shall compile the information 
collected under subsection (a) and provide a report to the Senate and 
House Appropriations Committees no later than April 1, 1992. Such 
report shsdl include— 
(1) the percentage of contracts for which individual sureties 
were used to meet bonding requirements; 
(2) the percentage of total defaults by contractors using 
individual sureties; 
(3) the percentage of individual sureties which default on 
their obligations; and 
(4) the percentage of contracts awarded to Minority Business 
Enterprises for which individual sureties were used to meet 
bonding requirements. 
Government 
contracts. 
Reports. 
104 STAT. 1478 
PUBLIC LAW 101-509—NOV. 5, 1990 
5 u s e note prec. 
7901. 
Reports. 
Government 
employees. 
Wages. 
Repeal. 
Iraq. 
Kuwait. 
SEC. 628. (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-deter-
mining character excepted from the competitive service pursuant to 
section 3302 of title 5, United States Code, without a certification to 
the Office of Personnel Management from the head of the Federal 
department, agency, or other instrumentality employing the Sched-
ule C appointee that the Schedule C position was not created solely 
or primarily in order to detail the employee to the White House. 
(b) The provisions of this section shall not apply to Federal 
employees or members of the armed services detailed to or from— 
(1) the Central Intelligence Agency; 
(2) the National Security Agency; 
(3) the Defense Intelligence Agency; 
(4) the offices within the Department of Defense for the 
collection of specialized national foreign intelligence through 
reconnaissance programs; 
(5) the Bureau of Intelligence and Research of the Depart-
ment of State; 
(6) any agency, office, or unit of the Army, Navy, Air Force, 
and Marine Corps, the Federal Bureau of Investigation and the 
Drug Enforcement Administration of the Department of Jus-
tice, the Department of the Treasury, and the Department of 
Energy performing intelligence functions; and 
(7) the Director of Central Intelligence. 
SEC. 629. (a) A Federal agency may participate in any program 
established by a State or local government that encourages employ-
ees to use public transportation. Such programs may involve the 
sale of discounted transit passes or other incentives that reduce the 
cost to the employee of using public transportation. 
Qo) Notwithstanding the provisions of section 5536 of title 5, 
United States Code, or any other provision of law, an employee may 
participate in a program described under subsection (a). 
(cXD For purposes of this section the term "Federal agency" shall 
mean an Executive agency as defined under section 105 of title 5, 
United States Code, and shall include any agency of the legislative 
or judicial branch of Government. 
(2) For purposes of subsection Ot)), the term "employee" shall mean 
an employee as defined under section 2105 of title 5, United States 
Code, and shall include an employee of any legislative or judicial 
agency. 
(d) No later than June 30, 1993, the (Jeneral Accounting Office 
shall conduct a study and submit a report on the implementation of 
programs under subsection (a) and the employees (including 
information of the employing agencies and rates of pay of such 
employees) who have participated in such programs. 
(e) The provisions of this section are repealed effective Decem-
ber 31,1993. 
SEC. 630. (a) The Senate finds that— 
(1) democracy and freedom of the independent Arab nations 
have been threatened by the invasion and illegal annexation of 
Kuwait by the Government of the Republic of Iraq; 
(2) the safety of American citizens and those of other coun-
tries have been directly threatened by the decision of the 
Government of Iraq to move them and use them as "human 
shields" at strategic defense and industrial installations; 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1479 
(3) the stability of world oil production and marketing has 
Oil imports. 
been threatened by the illegal Iraqi seizure of Kuwaiti ports and 
oil production facilities; 
(4) the United Nations has condemned Iraq's invasion of 
Kuwait, has voted to impose an economic embargo on Iraq, and 
has declared null and void the annexation of Kuwait; 
(5) the United Nations Security Council has approved the use 
of appropriate military force by individual nations to enforce 
United Nations sanctions; 
(6) the President of the United States has taken the lead in 
President. 
unifying world opinion and directing international efforts 
against the Iraqi aggression and in defense of Saudi Arabia and 
the other Gulf states; 
(7) a majority of Arab nations have condemned Iraq's actions 
and have supported Arab military and diplomatic efforts to 
defend the Gulf states and to ensure Iraq's withdrawal from 
Kuwait; 
(8) the United States is deplojdng tens of thousands of Amer- 
Armed Forces. 
ican troops and military hardware to the Persian Gulf in de-
fense of the strategic interests of the United States in the region 
at costs estimated to be in excess of $40 million a day, during a 
time of an increasing budget deficit; 
(9) a principle position of the United States and its NATO and 
major non-NATO allies is one of burdensharing in the collective 
defense of the Western alliance; 
(10) the Senate and the American people are deeply concerned 
about the need for a reduced budget deficit and improved 
economic growth; and 
(11) President George Bush has announced his intention to 
President. 
develop an economic action plan under which nations benefit-
ting from the economic embargo and the military actions in the 
Persian Gulf assist those nations which are committing their 
military personnel and materiel to support these United Na-
tions actions. 
(b) It is the sense of the Senate that— 
(1) the President of the United States should be congratulated 
for taking the diplomatic initiative to encourage other nations 
to share the international financial burden of the defense of 
Saudi Arabia; and 
(2) the President of the United States— 
(A) in consultation with the allies of the United States in 
the Persian Gulf defense operation, should— 
(i) take steps to ensure that United States allies are 
sharing an appropriate portion of the collective defense 
of their interests in the Gulf; 
(ii) take steps to ensure that those allies who are 
precluded from any overt military participation in the 
Gulf, or who decide against participating in these 
defensive actions, or who only provide minimal partici-
pation are assuming an appropriate financial share of 
the collective defense commensurate with their na-
tional means; and 
(iii) take steps to ensure that those oil producing 
nations which may benefit from increased individual 
oil production and world oil prices as a result of the 
embargo of Iraqi and Kuwaiti oil proportionally share 
the burden of the costs of the embargo, either directly 
104 STAT. 1480 
PUBLIC LAW 101-509—NOV. 5, 1990 
with those nations providing the defense, or by equiva-
lent "inkind" payments, or by assuming some of the 
other international financial burdens of the major de-
fense-providing nations; 
(B) in concert with the Secretary of State, the Secretary 
of Defense, the Secretary of the Treasury, and the Director 
of the Office of Maneigement and Budget, shall consult with 
CJongress on the steps the President is taking to meet the 
goals enumerated in subparagraph (A) and shall provide a 
report to the Congress no later than November 30, 1990, 
detailing the progress of such steps to date; 
(C) during his consultations with other international lead-
ers, should consider stressing, among other points, that 
failure by any country to actively contribute in the most 
appropriate manner for that country could have a det-
rimental impact on its bilateral relationship with the 
United States; and 
(D) should also inform Congress of any legislative initia-
tives which need to be taken to meet the goals enumerated 
in subparagraphs (A) through (C). 
SEC. 631. (a) Section 3401(a) of title 39, United States Code, is 
amended in clause (1)(A) by striking out "or" the first time it 
appears in such clause and inserting ", or temporarily deployed 
overseas for an operational contingency in arduous circumstances, 
as determined by the Secretary of Defense" after "belligerent". 
Military 
(b) This section shall apply to military personnel participating in 
personnel. 
"Operation Desert Shield". 
39 use 3401 
SEC. 632. CONVENTION ON THE RIGHTS OF THE CHILD.—(a) FIND-
"°^ 
INGS.—The Senate finds that— 
(1) the future peace and prosperity of all nations depend upon 
the good health and well-being of the world's children; 
(2) the Congress has long recognized the vulnerability of 
children and has enacted numerous laws that afford them 
special protections in this country; 
(3) similar protections for children are either totally lacking 
or inadequately enforced in much of the world; 
(4) in part as a result of this lack of protection, millions of 
children are threatened 
daily by poverty, 
malnutrition, 
homelessness, exploitation and abuse, depriving both family and 
society of their productivity and potential; 
(5) the Child Survival and Development Revolution, launched 
in 1982 to attack the root causes of infant mortality and child 
ill-health through low-cost means such as universal child 
immunization and oral rehydration therapy, is saving the lives 
of more than 3,000,000 children each year and has demonstrated 
that the number of child deaths can be reduced significantly if 
available resources are used appropriately; 
(6) despite these gains and an emerging international consen-
sus about the importance of protecting children, children both 
here and abroad will continue to face poverty, sickness, Eind 
ill-treatment. 
(7) on November 20, 1989, the United States and other mem-
bers of the United Nations unanimously endorsed the Conven-
tion on the Rights of the Child and urged national governments 
to ratify the Convention and make possible its application as 
international law; 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1481 
(8) this Convention, if implemented, will help establish 
universal legal standards for the care and protection of children 
against neglect, exploitation, and abuse; 
(9) the United States Government, scores of private voluntary 
organizations, and hundreds of American citizens were actively 
involved in the drafting of this Convention; and 
(10) the United States must continue plajdng a leading role in 
the implementation of the Convention to ensure that it becomes 
a force for improving the lot of children, both in this country 
and abroad. 
GJ) SENSE OF THE SENATE.—It is the sense of the Senate that the 
issue of children's rights and their well-being is important both to 
the United States and the world at large and that, in consideration 
thereof, the President should promptly seek the advice and consent 
of the Senate to the ratification of the Convention on the Rights of 
the Child, adopted by the United Nations with the support of the 
United States on November 29,1989. 
DISCRETIONARY AUTHORITY PROVISION 
SEC. 633. METHOD FOR MAKING ANNUAL ADJUSTMENTS TO PAY SCHED- 
5 USC 5303 note. 
ULES IN FISCAL YEARS 1992,1993, AND 1994. 
(a) IN GENERAL.—Notwithstanding any other provision of law 
(including any provision of the Federal Employees Pay Comparabil-
ity Act of 1990 Eind any provision of law amended by such Act), for 
purposes of any adjustment scheduled to take effect under section 
5303 of title 5, United States Code (as amended by section 101) 
during the period beginning on October 1, 1991, and ending on 
September 30, 1994, the provisions of section 5303 of such title (as so 
amended) shall be applied in accordance with the following: 
(1) For purposes of the adjustment taking effect in each of 
fiscal years 1992 and 1993, respectively, deem subsection (a) to 
be amended by striking "one-half of 1 percentage point less 
than". 
(2) Deem subsection (b) to be amended as follows: 
(A) In paragraph (1), strike "if and all that follows 
thereafter through "welfare," and insert "Subject to para-
graph (2), if'. 
(B) Redesignate paragraphs (2) and (3) as paragraphs (3) 
and (4), respectively, 
(C) Insert after paragraph (1) the following: 
"(2) Authority to provide alternative pay adjustments under this 
subsection in any year may not be exercised except in accordance 
with the following: 
"(A) If the adjustment which (but for this subsection) would 
otherwise take effect under this section in a fiscal year would be 
5 percent or less, no reduction may be made unless necessary 
because a state of war or severe economic conditions exist. 
"(B) If the adjustment which (but for this subsection) would 
otherwise take effect under this section in a fiscal year would be 
greater than 5 percent, no reduction may be made— 
"(i) to a level of 5 percent or greater, unless necessary 
because of national emergency or serious economic condi-
tions affecting the general welfare; or 
"(ii) to a level of less than 5 percent, unless necessary 
because of either of the reasons set forth in subparagraph 
(A).". 
39-194 O - 91 - 5 : QL 3 Part 3 
note. 
104 STAT. 1482 
PUBLIC LAW 101-509—NOV. 5, 1990 
(D) Add after paragraph (4) (as so redesignated by 
subparagraph (B) the following: 
"(5) For the purpose of this subsection, 'severe economic condi-
tions' shall be considered to exist relative to an adjustment sched-
uled to take effect on a given date if, during the 12-month period 
ending 2 calendar quarters before such date, there occurred 2 
consecutive quarters of negative growth in the GNP.". 
(b) REFERENCES.—Notwithstanding any other provision of law 
(including any provision of the Federal Employees Pay Comparabil-
ity Act of 1990 and any provision of law amended made by such Act), 
effective for purposes of £uiy pay adjustment scheduled to take effect 
during the period described in subsection (a), any reference in a 
provision of law to section 5303 of title 5, United States Code, as 
amended by section 101 (or to the effective date of a pay adjustment, 
the size of an adjustment, a rate payable after an adjustment, or 
other related matter under such section 5303) shall be considered a 
reference to such section as applied in accordance with this section 
(or to the corresponding matter, as determined under such section 
5303, as applied in accordance with this section). 
5 u s e 5304a 
SEC. 634. SPECIAL RULE RELATING TO COMPARABILITY PAYMENTS IN 
1994. 
Notwithstanding any other provision of law (including any provi-
sion of the Federal Employees Pay Comparability Act of 1990 and 
any provision of law amended by such Act), for purposes of any 
comparability pa3mients scheduled to take effect under section 5304 
of title 5, United States (Uode (as amended by such Act) during 
calendar year 1994— 
(1) deem section 5304a of such title (as so amended) to be 
amended as follows: 
(A) in subsection (a), strike "If and all that follows 
thereafter through "welfare," and insert "Subject to subsec-
tion (c), if'; and 
(B) add after subsection (b) the following: 
"(cXl) For the purpose of this section— 
"(A) the 'threshold amount' is $1,800,000,000; and 
"(B) 'severe economic conditions' shall be considered to exist 
relative to comparability pajmients scheduled to take effect on a 
given date if, during the 12-month period ending 2 calendar 
quarters before such date, there occurred 2 consecutive quarters 
of negative growth in the GNP. 
"(2) Authority under this section to provide an alternative level of 
comparability pa3anents in any year may not be exercised except in 
accordance with the following: 
"(A) If the estimated cost of the comparability payments 
which (but for this section) would otherwise be payable in such 
year would be equal to the threshold amount or less, no alter-
native level may be fixed under this section unless necessary 
because a state of war or severe economic conditions exist. 
"(B) If the estimated cost of the comparability payments 
which (but for this section) would otherwise be payable in such 
year would be greater than the threshold amount, no alter-
native level may be fixed— 
"(i) at a level which would result in an estimated cost 
equal to or greater than the threshold amount, unless 
necessary because of national emergency or serious eco-
nomic conditions affecting the general welfare; or 
PUBLIC LAW 101-509—NOV. 5, 1990 
104 STAT. 1483 
"(ii) at a level which would result in an estimated cost 
less than the threshold amount, unless necessary because of 
either of the reasons set forth in subparagraph (A). 
"(dXl) The President's agent (as referred to in section 5304(d)) 
shall develop and include in the appropriate report under section 
5304(dXl) the methodology for estimating any costs under this sec-
tion, and any estimate under this section shall be in accordance with 
such methodology. 
"(2) In making any estimate under this section, costs attributable 
to any authority under section 5304(h) may not be taken into 
account."; and 
(2) the President's pay agent (referred to in section 5304(d) of 
such title, as so amended) may use appropriate estimates in lieu 
of BLS survey data if such data is not available for use in 
preparing the agent's report with respect to comparability pay-
ments payable during calendar year 1994. 
SEC. 635. (a) The Ck)ngress finds that— 
(1) President Saddam Hussein of Iraq has attempted to evade 
the consequences of his illegal invasion of Kuwait by the taking 
of civilian hostages; 
(2) Saddam Hussein has violated standards of civilized con-
duct by willfully seeking to endanger the lives of foreign ci-
vilians in Kuwait and Iraq; 
(3) He has further violated international diplomatic practice 
by laying siege to Western embassies in Kuwait; 
(4) Iraq's conduct both at home and on the battlefield during 
the recent war with Iran has demonstrated a willingness to use 
the most barbaric methods of warfare, including the gassing of 
civilian women and children; 
(5) The Nuremberg principles, while denying national guilt 
for acts of war, do also stipulate that individual leaders may be 
held responsible for violations of the conventions of war and of 
civilized behavior; 
(6) The taking of hostages, the use of gas, the terrorizing of 
civilians and diplomats, and other such acts in both peace and 
war have long been considered crimes against humanity for 
which prosecution is justifiable. 
(b) It is the sense of the Senate that in the event of hostilities 
between the United States and the government of Iraq it shall be 
the policy of the United States to pursue Saddam Hussein, other 
Iraqi leaders, and other such perpetrators as may be determined 
responsible in order to bring them to justice as war criminals, and to 
seek their prosecution and punishment under the auspices of an 
international tribunal with relevant jurisdiction. 
Saddam 
Hussein. 
Iraq. 
Kuwait. 
104 STAT. 1484 
PUBLIC LAW 101-509—NOV. 5, 1990 
This Act may be cited as the "Treasury, Postal Service and 
General Government Appropriations Act, 1991". 
Approved November 5, 1990. 
LEGISLATIVE HISTORY—H.R. 5241: 
HOUSE REPORTS: No. 101-589 (Comm. on Appropriations) and No. 101-906 (Comm. 
of Conference). 
SENATE REPORTS: No. 101-411 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
July 13, considered and passed House. 
Sept. 10, 11, considered and passed Senate, amended. 
Oct. 22, House agreed to conference report; receded and concurred in certain 
Senate amendments, in others with amendments. 
Oct. 28, Senate agreed to conference ' report; concurred in certain House 
amendments, in another with an amendment. 
Oct. 24, House concurred in Senate amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): 
Nov. 5, Presidential statement.