Treasury, Postal Service and General Government Appropriations Act, 1989
PL 100-440 (H.R.4775), enacted 09/22/1988

PUBLIC LAW 100-440—SEPT. 22, 1988 
102 STAT. 1721 
Public Law 100-440 
100th Congress 
An Act 
Making appropriations for the Treeisury Department, the United States Postal 
Service, the Executive Office of the President, and certain Independent Agencies, 
for the fiscal year ending September 30,1989, 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 Septem-
ber 30,1989, and for other purposes, namely: 
TITLE I 
OFFICE OF THE SECRETARY 
SALARIES AND EXPENSES 
For necessary expenses of the Office of the Secretary, 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 to exceed $573,000, 
to remain available until expended, for repairs and improvements to 
the Main Treasury Building and Annex; $59,618,000. 
INTERNATIONAL AFFAIRS 
For necessary expenses of the international affairs function of the 
Office of the Secretary; hire of passenger motor vehicles; mainte-
nance, repairs, and improvements 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; 
$22,000,000. 
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 fifteen for police-type 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 
Sept. 22, 1988 
[H.R. 4775] 
Treasury, Postal 
Service and 
General 
Government 
Appropriations 
Act, 1989. 
Treasury 
Department 
Appropriations 
Act, 1989. 
102 STAT. 1722 
PUBLIC LAW 100-440—SEPT. 22, 1988 
participating in firearms matches and presentation of awards; for 
public awareness and enhancing community support of law enforce-
ment training; not to exceed $5,000 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 the acceptance of gifts: Provided further, That funds 
appropriated in this account shall be available for State and local 
government 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 and local course 
development meetings at the Center: Provided further, That the 
Federal Law Enforcement Training Center shall hire up to and 
maintain an average of not less than 425 direct full-time equivalent 
positions for fiscal year 1989; $34,664,000: 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. 
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED 
EXPENSES 
For acquisition, construction, improvements, and related expenses 
(to include design, equipment, furnishings, and other such costs) for 
the Federal Law Enforcement Training Center, $20,000,000 to 
remain available until expended: Provided, That of this amount, 
$7,000,000 shall remain available for the acquisition, renovation, 
and adaptation of the former Artesia Christian College campus in 
Artesia, New Mexico, as a facility of the Federal Law Enforcement 
Training Center: Provided further. That $13,000,000 shall be avail-
able for the first phsise of implementation of the Master Plan for the 
expansion of the Federal Law Enforcement Training Center at 
Glynco, Georgia, and for on-going maintenance, facility improve-
ments, and related equipment: Provided further. That the Master 
Plan for the Federal Law Enforcement Training Center shall make 
provision for construction of an advanced firearms training range 
for participating agencies with specialized firearms 
training 
requirements. 
FINANCIAL MANAGEMENT SERVICE 
SALARIES AND EXPENSES 
For necessary expenses of the Financial Management Service, 
$277,230,000, of which not to exceed $13,237,000, 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 five hundred vehicles 
for police-type use for replacement only; and hire of passenger motor 
vehicles; hire of aircraft; and services of expert witnesses at such 
PUBLIC LAW 100-440—SEPT. 22, 1988 
102 STAT. 1723 
rates as may be determined by the Director; not to exceed $5,000 for 
official 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; $234,000,000, of which $15,000,000 shall 
be available solely for the enforcement of the Federal Alcohol 
Administration Act during fiscal year 1989, and of which not to 
exceed $1,000,000 shall be available for the payment of attorneys' 
fees as provided by 18 U.S.C. 924(d)(2): Provided, That no funds 
appropriated herein shall be available for administrative expenses 
in connection with consolidating or centralizing within the Depart-
ment 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 Department 
of the Treasury, Bureau of Alcohol, Tobacco and Firearms, on 
Firearms Regulations, as published in the Fedral 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 funds made available under this 
Act shall be used to maintain a base level of 3,701 full-time equiva-
lent positions for fiscal year 1989, of which no fewer than 543 full-
time equivalent positions shall be allocated for the Armed Career 
Criminal Apprehension Program: Provided further. That not to 
exceed $2,500,000 shall be available until expended for the purchase 
of a mainframe processor and associated hardware and software for 
special occupational and excise tax processing, and $300,000 shall be 
available until expended for the development and implementation 
of a secure communications and intelligence facility. 
UNITED STATES CUSTOMS SERVICE 
SALARIES AND 
EXPENSES 
For necessary expenses of the United States Customs Service, 
including purchase of up to one thousand motor vehicles for replace-
ment only, including nine hundred and ninety for police-type use 
and commercial operations; hire of passenger motor vehicles; not to 
exceed $110,000 for official reception and representation expenses, 
including $100,000 to be available only for the Customs Cooperation 
Council meeting; and awards of compensation to informers, as au-
thorized by any Act enforced by the United States Customs Service; 
$1,025,411,000; of which such sums as become available in the 
Customs User Fee Account, except sums subject to section 13031(f)(3) 
of the Consolidated Omnibus Reconciliation Act of 1985, as amended 
(19 U.S.C. 58c(f)(3)), shall be derived from that Account; of the total, 
not to exceed $150,000 shall be available for payment for rental 
space in connection with preclearance operations, and not to exceed 
$4,000,000, to remain available until expended, for research: Pro-
vided, That uniforms may be purchased without regard to the 
general purchase price limitation for the current fiscal year: Pro-
vided further. That none of the funds made available by this Act 
shall be available for administrative 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 
102 STAT. 1724 
PUBLIC LAW 100-440—SEPT. 22, 1988 
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 administra-
tive expenses in connection with the proposed redirection of the 
Equal Employment Opportunity Program: Provided further, That 
none of the funds made available by this Act shall be available for 
administrative expenses to reduce the number of Customs Service 
regions below seven during fiscal year 1989: Provided further. That 
the United States Customs Service shall hire and maintain an 
average of not less than 16,739 full-time equivalent positions in 
fiscal year 1989: Provided further. That all of the additional full-time 
equivalent positions made available by this Act for the United 
States Customs Service over the full-time equivalent positions level 
of 16,099 contained in the President's budget for fiscal year 1989 
shall be allocated only for commercial operations of the Customs 
Service in fiscal year 1989: Provided further. That none of the funds 
made available in this or any other Act may be used to fund more 
than nine hundred positions in the Headquarters staff of the United 
States Customs Service in the fiscal year ending September 30,1989: 
Provided further, That no funds appropriated by this Act may be 
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, 1989: Provided further. That not less than 
$300,000 shall be expended for additional part-time and temporary 
positions in the Honolulu Customs District. 
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; $142,262,000, to remain available until ex-
pended: Provided, That no aircraft or other related equipment, shall 
be transferred to any other Federal agency. Department, or office 
outside of the Department of the Treasury during fiscal year 1989. 
CUSTOMS FORFEITURE FUND 
(UMITATION ON AVAILABILITY OF DEPOSITS) 
For necessary expenses of the Customs Forfeiture Fund, not to 
exceed $10,000,000, as authorized by Public Law 98-573, 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 $1,588,000, for 
expenses for the provision of Customs services at certain small 
airports designated by the Secretary of the Treasury, including 
expenditures for the salaries and expenses of individuals employed 
to provide such services, 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, and to remain available until 
expended. 
PUBLIC LAW 100-440—SEPT. 22, 1988 
102 STAT. 1725 
UNITED STATES MINT 
-
SALARIES AND EXPENSES 
For necessary expenses of the United States Mint; $47,000,000, of 
which $665,000 shall remain available until expended for research 
and development projects. 
BUREAU OF THE PUBLIC DEBT 
ADMINISTERING THE PUBUC DEBT 
For necessary expenses connected with any public-debt issues of 
the United States; $219,430,000, of which not to exceed $700,000 
shall be available for expenses of the National 
Economic 
Commission. 
^ 
PAYMENT OF GOVERNMENT LOSSES IN SHIPMENT 
For payment of Government losses in shipment, in accordance 
with section 2 of the Act approved July 8, 1937 (40 U.S.C. 722) 
$960,000, to remain available until expended. 
INTERNAL REVENUE SERVICE 
SALARIES AND EXPENSES 
For necessary expenses of the Internal Revenue Service, not 
otherwise provided; for executive direction and management serv-
ices, 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; $87,165,000, of which not to 
exceed $25,000 for official reception and representation expenses 
and of which not to exceed $500,000 shall remain available until 
expended, for research. 
PROCESSING TAX RETURNS 
For necessary expenses of the Internal Revenue Service not other-
wise provided for; including processing tax returns; revenue 
accounting; computer services; 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; 
$1,740,353,000, of which not to exceed $80,000,000 shall remain 
available until expended for systems modernization initiatives: 
Provided, That, of the total amount appropriated under this 
heading, $22,900,000 shall be available for the Statistics of Income 
Program in fiscal year 1989. 
EXAMINATIONS AND APPEALS 
For necessary expenses of the Internal Revenue Service for deter-
mining and establishing tax liabilities; employee plans and exempt 
organizations; tax litigation; 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; $1,932,441,000. 
102 STAT. 1726 
PUBLIC LAW 100-440—SEPT. 22, 1988 
INVESTIGATION, COLLECTION, AND TAXPAYER SERVICE 
For necessary expenses of the Internal Revenue Service for inves-
tigation and enforcement activities; including purchase (not to 
exceed four hundred and fifty-one for replacement only, for police-
type use) and hire of passenger motor vehicles (31 U.S.C. 1343(b)); 
securing unfiled tax returns; collecting unpaid accounts; examining 
selected employment and excise tax returns; technical rulings; 
enforcement litigation; providing assistance to taxpayers; and serv-
ices as authorized by 5 U.S.C. 3109, at such rates as may be 
determined by the Commissioner: Provided, That notwithstanding 
any other provision of the Act, none of the funds made available by 
this Act shall be used to reduce the number of positions allocated to 
taxpayer service activities below fiscal year 1984 levels, or to reduce 
the number of positions allocated to any other direct taxpayer 
assistance functions below fiscal year 1984 levels, including, but not 
limited to Internal Revenue Service toll-free telephone tax law 
assistance and walk-in assistance available at Internal Revenue 
Service field offices: Provided further, That the Internal Revenue 
Service shall fund the Tax Counseling for the Elderly Program at 
$2,800,000. The Internal Revenue Service shall absorb within exist-
ing funds the administrative costs of the program in order that the 
full 
$2,800,000 
can 
be 
devoted 
to 
program 
requirements; 
$1,434,921,000. 
ADMINISTRATIVE PROVISIONS—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. 
SEC. 2. Not to exceed 15 per centum, or $15,000,000, whichever is 
greater, of any appropriation made available to the Internal Reve-
nue Service for document matching for the current fiscal year by 
this Act may be transferred to any other Internal Revenue Service 
appropriation for document matching. 
UNITED STATES SECRET SERVICE 
SALARIES AND EXPENSES 
For necessary expenses of the United States Secret Service, 
including purchase (not to exceed three hundred and forty-three 
vehicles for police-type use for replacement only) and hire of pas-
senger motor vehicles; hire of aircraft; training and assistance 
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, lighting, 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 
conducting of and participating in firearms matches and presen-
tation of awards and for travel of Secret Service employees on 
protective missions without regard 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 
'.™«pswi-^w-.">»-• 
PUBLIC LAW 100-440—SEPT. 22, 1988 
102 STAT. 1727 
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; for pay-
ment in advance for commercial accommodations as may be nec-
essary to perform protective functions; and for uniforms without 
regard to the general purchase price limitation for the current fiscal 
year; $357,500,000, of which $2,500,000 shall remain available until 
expended for continued construction at the James J. Rowley Secret 
Service Training Center, and of which $7,126,000 shall be available 
for Presidential candidate protective activities pursuant to 18 U.S.C. 
3056(a)(7). 
DEPARTMENT OF THE TREASURY—GENERAL PROVISIONS 
SECTION 101. Appropriations to the Treasury Department in this 
Act shall be available for uniforms or allowances therefor, as au-
thorized by law (5 U.S.C. 5901), including maintenance, repairs, and 
cleaning; purchase of insurance for official motor vehicles operated 
in foreign countries; entering into contracts with the Department of 
State for the furnishing of health and medical services 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 underpayment of any 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. However, no such appropriation shall be in-
creased or decreased by more than 1 per centum and any such 
proposed transfers shall be approved in advance by the Committees 
on Appropriations of the House and Senate. 
SEC. 104. None of the funds made available by this Act may be 
used to place the United States Secret Service, the United States 
Customs Service, or the Bureau of Alcohol, Tobacco and Firearms 
under the operation, oversight, or jurisdiction of the Inspector Gen-
eral of the Department of the Treasury. 
This title may be cited as the 'Treasury Department Appropria-
tions Act, 1989". 
TITLE II 
Postal Service 
POSTAL SERVICE 
PAYMENT TO THE POSTAL SERVICE F U N D 
Appropriation 
Act, 1989. 
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; $436,417,000: 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 USC 403 note. 
shall continue at not less than the 1983 level: Provided further, That 
none of the funds made available to the Postal Service by this Act 
102 STAT. 1728 
PUBLIC LAW 100-440—SEPT. 22, 1988 
Reports. 
sliall 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 30,1989. 
SENSE OF SENATE PROVISION 
It is the sense of the Senate that no funds appropriated under this 
Act or made available by 39 U.S.C. 2401(a) be used by the United 
States Postal Service to implement Phase II of the contract between 
the United States Postal Service and Perot Systems until forty-five 
days after the General Accounting Office reports to Congress on the 
Perot Systems sole source contract and that the General Accounting 
Office report to Congress within forty-five days of the adoption of 
this amendment. 
Public buildings 
and grounds. 
Mississippi. 
Executive Office 
Appropriations 
Act, 1989. 
UNITED STATES POSTAL SERVICE—ADMINISTRATIVE PROVISION 
SECTION 1. Funds made available to the United States Postal 
Service pursuant to section 2401(a) of title 39, United States Code, 
shall be used hereafter to continue full postal service to the people 
of Holly Springs proper, including upgrading, remodeling, and 
improving the United States Post Office building located at 110 
North Memphis Street, Holly Springs, Mississippi. 
This title may be cited as the "Postal Service Appropriation Act, 
1989". 
TITLE III 
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; 
3 use 102 note. 
$250,000: Provided, That none of the funds made available for 
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; 
$16,850,000, including services as authorized by 5 U.S.C. 3109 and 3 
U.S.C. 107, and hire of passenger motor vehicles. 
PUBLIC LAW 100-440—SEPT. 22, 1988 
102 STAT. 1729 
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 
exceed $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; $27,950,000. 
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; $5,698,000, 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 $75,000 for official 
entertainment expenses of the Vice President, to be accounted for 
solely on his certificate; $258,000: Provided, That advances or repay-
ments or transfers from this appropriation may be made to any 
department or agency for expenses of carrying 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; $2,199,000. 
COUNCIL OF ECONOMIC ADVISERS 
SALARIES AND EXPENSES 
For necessary expenses of the Council in carrying out its functions 
under the Employment Act of 1946 (15 U.S.C. 1021); $2,787,000. 
102 STAT. 1730 
PUBLIC LAW 100-440—SEPT. 22, 1988 
OFFICE OF POLICY DEVELOPMENT 
SALARIES AND EXPENSES 
For necessary expenses of the Office of Policy Development, 
including services as authorized by 5 U.S.C. 3109, and 3 U.S.C. 107; 
$3,000,000. 
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; $225,000. 
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; $5,100,000. 
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; $39,640,000, of which not to exceed $1,000,000 may be 
available for a consolidated Federal budget and financial informa-
tion system to improve the management of Executive agencies, and 
of which not to exceed $4,500,000 shall be available to carry out the 
provisions of 44 U.S.C, chapter 35: Provided, 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 provisions 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 Office 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 Management and Budget, 
before the Committee on Appropriations or the Committee on Veter-
ans' Affairs or their subcommittees: Provided further. That this 
proviso shall not apply to printed hearings released by the Commit-
tee on Appropriations or the Committee on Veterans' Affairs: Pro-
vided further. That none of the funds made available by this Act or 
anj' other Act shall be used to reduce the scope or publication 
frequency of statistical data relative to the operations and produc-
tion of the alcoholic beverage and tobacco industries below fiscal 
year 1985 levels: Provided further. That none of the funds appro-
priated 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 employed by the 
Bureau of Alcohol, Tobacco and Firearms to assure compliance with 
PUBLIC LAW 100-440—SEPT. 22, 1988 
102 STAT. 1731 
section 205, title 27 of the United States Code (Federal Alcohol 
Administration Act) or with regulations, rulings or forms promul-
gated 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; $2,353,000. 
FUNDS APPROPRIATED TO THE PRESIDENT 
UNANTICIPATED NEEDS 
For expenses necessary to enable the President to meet unantici-
pated needs, in furtherance of the national interest, security, or 
defense which mav arise at home or abroad during the current fiscal 
year; $1,000,000. 
EXPENSES OF MANAGEMENT IMPROVEMENT 
For expenses necessary to provide a comprehensive office automa-
tion system, including equipment and software, for the Office of 
Management and Budget, $1,000,000, to remain available until 
expended. 
This title may be cited £is the "Executive Office Appropriations 
Act, 1989". 
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; $1,865,000. 
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); $1,040,000, and additional amounts not 
to exceed $200,000, collected from 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 
Pay, established by 5 U.S.C. 5306; $205,000: Provided, That the Reports, 
annual report of the Advisory Committee on Federal Pay shall be 
submitted to the Appropriations Committees of the House and 
Independent 
Agencies 
Appropriations 
Act, 1989. 
102 STAT. 1732 
PUBLIC LAW 100-440—SEPT. 22, 1988 
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 and Other Severely Handicapped established by the Act of 
June 23,1971, Public Law 92-28, $862,000. 
FEDERAL ELECTION COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses to carry out the provisions of the Federal 
Election Campaign Act of 1971, as amended; $15,433,000. 
GENERAL SERVICES ADMINISTRATION 
FEDERAL BUILDINGS FUND 
UMITATIONS ON AVAILABILITY OF REVENUE 
The revenues and collections deposited into the Fund established 
pursuant to section 210(f) of the Federal Property and Administra-
tive Services Act of 1949, as amended (40 U.S.C. 490(f)), shall be 
available for necessary expenses of real property management and 
related activities not otherwise provided for, including operation, 
maintenance, and protection of federally owned and leased build-
ings; rental of buildings in the District of Columbia; restoration of 
leased premises; moving Government agencies (including space 
adjustments) in connection with the assignment, allocation and 
transfer of space; contractual services incident to cleaning or servic-
ing buildings and moving; repair and alteration of federally owned 
buildings, including grounds, approaches and appurtenances; care 
and safeguarding of sites; maintenance, preservation, demolition, 
and equipment; acquisition of buildings and sites by purchase, con-
demnation, or as otherwise authorized by law; conversion and exten-
sion of federally owned buildings; preliminary planning and design 
of projects by contract or otherwise; construction of new buildings 
(including equipment for such buildings); and pa3mient of principal, 
interest, taxes, and any other obligations for public buildings ac-
quired by purchase contract, in the giggregate amount of 
$3,024,217,000, of which (1) not to exceed $119,820,000 shall remain 
available until expended for construction of additional projects at 
locations and at maximum construction improvement costs (includ-
ing funds for sites and expenses) as follows: 
New Construction: 
Connecticut: 
Bridgeport, 
Federal 
Building, 
Courthouse 
Annex, 
$4,138,000 
Hartford, 
Federal 
Building, 
Courthouse 
Annex, 
$6,612,000 
Florida: 
Lakeland, Federal Building, $14,000,000 
PUBLIC LAW 100-440—SEPT. 22, 1988 
102 STAT. 1733 
Illinois: 
Champaign-Urbana, 
Federal 
Building, 
Courthouse, 
$8,316,000 
:, 
Louisiana: 
Baton Rouge, Federal Building, Courthouse, to be con-
structed on a site donated by the City of Baton Rouge, 
$16,758,000 
Michigan: 
Detroit, Ambassador Bridge Cargo Inspection Facility, 
$10,197,000 
Minnesota: 
International Falls, Border Station, Site, $260,000 
New Jersey: 
Camden, U.S. Post Office, Courthouse Annex, $18,728,000 
Newark, Martin Luther King, Jr., Federal Building, Site 
and Design (parking facility), $250,000 
Paterson, Federal Building, $6,552,000 
Trenton, 
Federal 
Building, 
Courthouse 
Annex, 
$25,939,000 
New Mexico: 
Albuquerque, Grant to the University of New Mexico, 
Zimmerman Library, Repair and Extension, $5,000,000 
South Carolina: 
Columbia, Federal Building and Courthouse Claim, 
$100,000 
Virgin Islands: 
St. Croix, Federal Building, Courthouse, $8,827,000 
Construction Projects, less than $500,000, $2,470,000 
Other selected purchases including options to purchase, 
$500,000: 
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 
Termination 
projects shall expire on September 30, 1990, and remain in the date. 
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 
$532,865,000 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: 
Alaska: 
Juneau, Federal Building, Post Office, 
Courthouse, 
$24,700,000 
Alabama: 
Montgomery, Federal Building, Courthouse, $515,000 
Arkansas: 
102 STAT. 1734 
PUBLIC LAW 100-440—SEPT. 22, 1988 
Pine Bluff, Federal Building, Post Office, Courthouse, 
$2,084,000 
California: 
County of Los Angeles, for a grant for Senior Citizens 
Health Center renovation, $1,000,000 
California State University at East Los Angeles for a 
grant to establish a center, $800,000 
San Francisco, 450 Golden Gate Avenue, Federal Build-
ing, Courthouse, $5,000,000 
Santa Ana, Federal Building, $1,406,000 
San Diego, Federal Building, $1,742,000 
District of Columbia: 
Mary Switzer Federal Building, $502,000 
Commerce Building, $2,457,000 
Interstate Commerce Building, $526,000 
Health and Human Services, $1,395,000 
U.S. Customs Building, $754,000 
Internal Revenue Service, $2,179,000 
Housing and Urban Development, $1,221,000 
Hubert H. Humphrey Federal Building, $606,000 
Ariel Rios Federal Building, New Post Office, $29,000,000 
GSA Headquarters, $11,000,000 
James V. Forrestal Building, $19,970,000 
Florida: 
Jacksonville, Federal Building, $6,889,000 
Miami, Federal Building, $1,415,000 
Hawaii: 
Honolulu, Kalanianole Federal Building, $5,680,000 
Kentucky: 
Louisville, 
Post 
Office, 
Courthouse, 
Customhouse, 
$9,435,000 
Louisiana: 
New Orleans, Boggs Federal Building, Courthouse, 
• 
$10,245,000 
New Orleans, Customhouse, $1,672,000 
Maryland: 
Avondale, Interior (Bureau of Mines), $6,500,000 
Woodlawn, SSA Complex, $7,030,000 
Baltimore, 
Garmatz 
Federal 
Building, 
Courthouse, 
$800,000 
Suitland, Federal Building, #3, $1,926,000 
Suitland, Federal Building, #4, $817,000 
Baltimore, Fallon Federal Building, $6,901,000 
Boston, John F. Kennedy Federal Building, $10,000,000 
Boston, 
McCormack 
Federal 
Building, 
Courthouse, 
$3,000,000 
Missouri: 
Overland, 
Federal 
Archives 
and 
Records 
Center, 
$3,059,000 
Mississippi: 
Jackson, Eastland Post Office, Courthouse, $2,143,000 
New Jersey: 
Newark, Rodino Federal Building, $5,201,000 
Trenton, Federal Building, Courthouse, $1,417,000 
New Mexico: 
PUBLIC LAW 100-440—SEPT. 22, 1988 
102 STAT. 1735 
Albuquerque, Chavez Federal Building, Courthouse, 
$3 207 000 
Albuquerque, Federal Building, $1,967,000 
New York: 
Brooklyn, Cellar Federal Building, $16,000,000 
Rochester, Keating Federal Building, $6,800,000 
New York, United States Mission to the United Nations, 
$4,300,000 
Ohio: 
Cleveland, Celebrezze Federal Building, $5,836,000 
Pennsylvania: 
Philadelphia, Green Federal Building, $1,200,000 
Philadelphia, SSA Computer Center, $950,000 
South Carolina: 
Charleston, Rivers Federal Building, $1,275,000 
Memphis, Davis Federal Building, $9,466,000 
Austin, Federal Building, $3,241,000 
Austin, Internal Revenue Service Center, $3,282,000 
Austin, Post Office, Courthouse, $7,995,000 
Houston, Casey Federal Building, Courthouse, $8,008,000 
Lubbock, Federal Building, Courthouse, $3,674,000 
Utah: 
Salt Lake City, Post Office, Courthouse, $2,543,000 
Virginia: 
McLean, Central Intelligence Agency, Headquarters, 
$2,336,000 
McLean, Central Intelligence Agency Printing Plant, 
$746,000 
Reston, J.W. Powell Federal Building, $1,336,000 
Arlington, Heating Plant, $593,000 
Richmond, Annex, $3,287,000 
Vermont: 
Burlington, Federal Building Post Office, Courthouse, 
$4,100,000 
Wisconsin: 
Milwaukee, Federal Building, Courthouse, $7,586,000 
Capital Improvements of United States-Mexico Border Facilities, 
$42,150,000 as follows: 
Arizona: 
Douglas, AZ 
New facility/R&A/Safety, $820,700 
Lukeville, AZ 
R&A/Safety, $229,100 
Naco, AZ 
New facility/R&A/Safety, $320,900 
Nogalas, AZ 
Grande 
Ave./Morley 
Gate, New 
Station/R&A/ 
Safety, $2,420,900 
Mariposa, R&A, $746,800 
Sasebe, AZ 
New facility/R&A/Safety, $355,300 
San Luis, AZ 
R&A/Safety, $499,300 
California: 
Andrade, CA 
102 STAT. 1736 
PUBLIC LAW 100-440—SEPT. 22, 1988 
New station/R&A/Safety, $454,300 
Calexico, CA 
New station/R&A/Safety, $4,830,900 
San Ysidro/Otay Mesa, CA 
New facility/Otay Mesa, $721,700 
Safety/San Ysidro/Otay Mesa, $2,673,900 
R&A/Signs/Security/Commercial lot improvements, 
$4,956,200 
Tecate CA 
New station/R&A, $861,800 
New Mexico: 
Antelope Wells, NM 
Security/Housing, $158,500 
Columbus, NM 
Security, $236,300 
Santa Teresa, NM 
New station, $1,668,000 
Texas: 
Amastad Dam, TX 
R&A, $83,400 
Brownsville, TX 
Gateway Bridge, Security/R&A/Lane expansion/ 
New Bridge, $5,783,000 
B&M Bridge, Replace station, $1,794,300 
Los Indios, Replace station, $105,700 
Del Rio, TX 
Security/Lane expansion, $597,700 
Eagle Pass, TX 
Security/R&A, $2,251,800 
El Paso, TX 
Bridge of the Americas, Design/R&A/Import Lot 
Paving, $1,700,300 
Paso del Norte, Extension/R&A, $639,400 
Ysleta, Design/Construction, $1,501,200 
Fabens, TX 
Site acquisition/Security, $444,800 
Falcon Dam, TX 
R&A, $172,400 
Hidalgo, TX 
Safety/Design/R&A, $617,200 
Laredo, TX 
Juarez-Lincoln Bridge, Site/Design/R&A, $1,668,000 
New bridge, $278,000 
Convent Street, Design upgrade, $1,473,400 
Presidio, TX 
Security/Housing, $556,000 
Progresso, TX 
Security/R&A, $222,400 
Roma, TX 
Safety, $305,800 
Minor Repairs and Alterations, $200,000,000, of which up to 
$2,000,000 shall be made available to fund a pilot project establish-
ing safe areas-of-refuge from fire for the disabled in six existing 
Federal buildings in the United States: Provided, That by no later 
than July 30, 1989, the Administrator of General Services shall 
assess the level of unobligated balances, if any, in the Federal 
Buildings Fund and request reprogramming of such balances, not to 
PUBLIC LAW 100-440—SEPT. 22, 1988 
102 STAT. 1737 
exceed $10,000,000, to provide additional funding for United Statea-
Mexico Border Facility projects: Provided further. 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 prospec- Termination 
tus projects shall expire on September 30, 1990, and remain in the date. 
Federal Buildings Fund except fimds 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 $133,000,000 for payment on 
purchase contracts entered into prior to July 1, 1975; (4) not to 
exceed $1,177,532,000 for rental of space; (5) not to exceed 
$882,000,0()0 for real property operations; (6) not to exceed 
$49,000,000 for program direction and centralized services; and (7) 
not to exceed $130,000,000, of which $2,200,000 shall be made avail-
able for a grant to the Marine Biological Laboratory at Woods Hole, 
Massachusetts and of which $127,800,000 shall be available for 
design and construction services wMch shall remain available until 
expended: Provided further. That obligations of fimds for lease, lease 
purchase, or installment purchase public buildings projects au-
thorized in Public Law 100-202 for the General Services Administra-
tion at Oakland, California and San Francisco, California, and for 
the Environmental Protection Agency and Depairtment of Transpor-
tation shall be limited to the current Hscal year for which payments 
are due without regard to 31 U.S.C. 1341(aXlXB): Provided further. 
That for the purposes of this authorization, buildings constructed 
pursuant to the Public Buildings Purchase Contract Act of 1954 (40 
U.S.C. 356), the Public Buildings Amendments of 1972 (40 U.S.C. 
490), and buildings under the control of another department or 
agency where alterations of such buildings are required in connec-
tion with the moving of such other department or agency from 
buildings then, or thereafter to be, under the control of the General 
Services Administration shall be considered to be federally owned 
buildings: Provided further. That none of the funds available to the 
(jreneral Services Administration with the exception of those for 
Capital Improvements for United States-Mexico Border Facilities; 
Memphis, Tennessee, Internal Revenue Service Center; Avondale, 
Maryland, Interior Department (Bureau of Mines); Baton Rouge, 
Louisiana, Federal Building/dlourthouse; and Lakeland, Florida, 
Federal Building, shall be available for expenses in connection with 
any construction, repair, alteration, and acquisition project for 
which a prospectus, if required by the Public Buildings Act of 1959, 
as amended, has not been approved, except that necessary funds 
may be expended for each project for required expenses in connec-
tion with the development of a proposed prospectus: Provided fur-
ther. That funds available in the Federal BuUdings Fund may be 
expended for emergency repairs when advance approval is obtained 
from the dlommittees on Appropriations of the House and Senate: 
Provided further. That amounts necessary to provide reimbursable 
special services to other agencies under section 21CKfK6) of the 
Federal Property and Administrative Services Act o
i
F 1949, as 
amended (40 U.S.C. 49(XfX6)) and amounts to provide such reimburs-
able fencing, lighting, guard booths, and other facilities 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, as amended, 
shall be available from such revenues and collections: Provided 
102 STAT. 1738 
PUBLIC LAW 100-440—SEPT. 22, 1988 
further. That revenues and collections and any other sums accruing 
to this Fund during fiscal year 1989 excluding reimbursements 
under section 210(fX6) of the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 490(fK6)) in excess of $3,024,217,000 
shall remain in the Fund and shall not be available for expenditure 
except as authorized in appropriation Acts. 
FEDERAL SUPPLY SERVICE 
OPERATING EXPENSES 
For expenses authorized by law, not otherwise provided for, nec-
essary for property management activities, utilization of excess and 
disposal of surplus personal property, rehabilitation of personal 
property, transportation management activities, transportation 
audits by in-house personnel, procurement, and other related supply 
management activities, including services as authorized by 5 U.S.C. 
3109; $47,000,000. 
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; $10,800,000 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, $4,000,000 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 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 accomplish the relocation 
functions: Provided further. That nothing in this paragraph shall be 
construed as relieving the Administrator of General 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 
PUBLIC LAW 100-440—SEPT. 22, 1988 
102 STAT. 1739 
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: 
Provided further, That notwithstanding any provision of this or any 
other Act, not more than $1,500,000 of the appropriations made 
available under the heading "Real Property Relocation" by this Act 
or by Public Law 100-202, shall be available to pay for the relocation 
costs associated with the facility at Loran Station, Makahuena 
Point, Island of Kauai, Hawaii: Provided further, That upon reloca-
tion, such property shall be sold by the Administrator of General 
Services at not less than the estimated fair market value through a 
competitive public sale. 
GENERAL MANAGEMENT AND ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses of agency management of activities under 
the control of the General Services Administration, and general 
administrative and staff support services not otherwise provided for; 
for providing accounting, records management, and other support 
incident to adjudication of Indian Tribal Claims by the United 
States Court of Claims, and services authorized by 5 U.S.C. 3109; 
$122,774,000, of which $800,000 shall be available only for, and is 
hereby specifically earmarked for personnel and associated costs in 
support of Congressional District and Senate State offices: Provided, 
That this appropriation shall be available, subject to reimbursement 
by the applicable agency, for services performed for other agencies 
pursuant to subsections (a) and (b) of section 1535 of title 31, United 
States Code. 
, INFORMATION RESOURCES MANAGEMENT SERVICE 
OPERATING EXPENSES 
For expenses authorized by law, not otherwise provided for, nec-
essary for carrying out Government-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; $31,875,000. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector General; 
$25,000,000: Provided, That not to exceed $10,000 shall be available 
for payment for information and detection of fraud against the 
Government, including payment for recovery of stolen Government 
property. 
ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS 
For carrying out the provisions of the Act of August 25, 1958, as 
amended (3 U.S.C. 102 note), and Public Law 95-138; $1,431,000: 
Provided, That the Administrator of General Services shall transfer 
102 STAT. 1740 
PUBLIC LAW 100-440—SEPT. 22, 1988 
to the Secretary of the Treasury such sums as may be necessary to 
carry out the provisions of such Acts. 
EXPENSES, PRESIDENTIAL TRANSITION 
For expenses necessary to carry out the provisions of the Presi-
dential Transition Act of 1963, as amended (3 U.S.C. 102, note), 
$3,000,000: Provided, That the availability of these funds shall be in 
accordance with sections 30t)) and 4 of the Act. 
NATIONAL DEFENSE STOCKPILE TRANSACTION FUND 
For the fiscal year ending September 30, 1989, in addition to the 
_ 
funds previously appropriated to the National Defense Stockpile 
Transaction Fund, notwithstanding the provisions of 50 U.S.C. 98h, 
there is hereby appropriated $30,000,000 to the Fund, to remain 
available until expended, the amounts to be allocated for the follow-
ing projects: 
University of Texas at El Paso pursuant to 50 U.S.C. 98 a and 
g for a grant to study and facilitate the development, transfer, 
and installation of strategic materials technologies among 
American industries, $3,000,000; 
University of Hawaii at Manoa pursuant to 50 U.S.C. 98a and 
98g(a), for a grant to construct and equip a strategic materials 
research facility, $14,000,000; 
Loyola College in Maryland pursuant to 50 U.S.C. 98a and 
98g(a), for a grant to pay the Federal share of the cost of 
construction and equipment, including approaches and appur-
tenances and costs already incurred, of a Center for Advanced 
Information and Resource Management Studies, $3,000,000; 
University of Idsdio pursuant to 50 U.S.C. 98a and 98g(a), for a 
grant to construct and equip a Strategic Research and Environ-
mental Laboratory, $3,000,000; and 
University of Utah pursuant to 50 U.S.C. 98a and 98g(aX2XC) 
for a grant to pay the Federal share of the cost of construction 
and 
equipment 
for a Center for Biomedical 
Poljrmers, 
$7,000,000. 
Public buildings 
GENERAL SERVICES ADMINISTRATION—GENERAL 
and grounds. 
PROVISIONS 
SECTION 1. The appropriate appropriation or fund available to the 
General Services Administration shsdl be credited with the cost of 
operation, protection, maintenance, upkeep, repair, and improve-
ment, included as part of rentals received from Government cor-
porations pursuant to law (40 U.S.C. 129), 
SEC. 2. Funds available to the General 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 msmdatory program requirements. Any transfers 
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 1989 for Federal Buildings Fund activities may be trans-
ferred between such activities only to the extent necessary for 
PUBLIC LAW 100-440—SEPT. 22, 1988 
102 STAT. 1741 
mandatory program requirements. Any transfers proposed shall be 
submitted promptly to the Committees on Appropriations of the 
House and Senate for approval. 
SEC. 5. Funds hereafter made available to the General Services 
Administration for the pajrment of rent shall be available for the 
purpose of leasing, for periods not to exceed thirty years, space in 
buildings erected on land owned by the United States. 
SEC. 6. The Administrator of General Services shall proceed with 
the site selection and design for construction of a facility of not less 
than 182,000 usable square feet for the Social Security Administra-
tion in Wilkes-Barre, Pennsylvania, pursuant to section 115 of the 
joint resolution entitled "Joint resolution making continuing appro-
priations for the fiscal year 1987 and for other purposes", approved 
October 30,1986 (100 Stat. 3341-49; Public Law 99-591). 
SEC. 7. Notwithstanding any provisions of this Act or any other 
Act in any fiscal year, the Administrator of General Services is 
authorized and directed to charge the Department of the Interior for 
design and alterations to the Avondale, Maryland property at rates 
so as to recover the approximate applicable cost incurred by General 
Services Administration in providing such alterations, and the 
Department of the Interior is authorized to repay such charges out 
of any appropriation available to the department and the payments 
shall be deposited in the fund established by 40 U.S.C. 490(f). 
SEC. 8. (a) LEASE-PURCHASE AGREEMENT.—The Administrator of 
General Services shall acquire from the State of Tennessee or a 
political subdivision thereof by lease-purchase a building to house 
the Internal Revenue Service Center in Memphis, Tennessee, and 
such other Federsd agencies as may be appropriate. 
(b) LIMITATIONS.— 
(1) SIZE.—The building to be acquired under subsection (a) 
may not exceed 600,000 gross square feet in size plus such 
additional space as may be necessary for parking. 
(2) COST.—The total cost of the lease-purchase agreement 
under this section to the United States may not exceed 
$36,000,000, plus reasonable interest thereon, as well as operat-
ing coste, if applicable. 
(3) TERM.—The term of the lease-purchase agreement under 
this section may not exceed thirty years. The agreement shall 
provide that ownership of the building will vest in the United 
States on or before the end of such term. 
(4) OBUGATION OF FUNDS.—Obligations of funds under this 
section shall be limited to the current fiscal year for which 
pajonents are due without regard to section 1341(aXl)(B) of title 
31, United States Code. 
(c) SALE OF LEASEHOLD INTEREST.—The Administrator of General 
Services shall sell any leasehold or other interest which the United 
States has in the building which is providing office space for the 
Internal Revenue Service Center in Memphis, Tennessee, and shall 
deposit the proceeds from such sale in the Federal Buildings Fund 
established by section 21(Kf) of the Federal Property and Adminis-
trative Services Act of 1949. 
SEC. 9. The General Services Administration is directed to con-
struct under their lease-purchase authority, a 40,000 net square foot 
office building at the CDC campus in Chamblee, Georgia, designed 
with funds which Congress provided the Center for Disease Control 
in the fiscal year 1987 Department of Labor, Health and Human 
Services, and Education, and Related Agencies Appropriations, and 
40 u s e 490d. 
Pennsylvania. 
Maryland. 
Tennessee. 
Contracts. 
Contracts. 
Georgia. 
19-194 O—91—Part 2-
102 STAT. 1742 
PUBLIC LAW 100-440—SEPT. 22, 1988 
Employment 
and 
unemployment. 
Government 
organization and 
employees. 
40 u s e 490a-l. 
Florida. 
Arkansas. 
shall be acquired without regard to the provisions of the Public 
Buildings Act of 1959 regarding prospectus approval by lease-
purchgise contracts entered into by the General Services Administra-
tion prior to their construction using funds appropriated annually to 
the General Services Administration from the Federal Buildings 
Fund for the rental of space which shall hereafter be available for 
this purpose. The contracts shall provide for the payment of the 
purchase price and resisonable interest thereon by lease or install-
ment payments over a period not to exceed thirty years. The con-
tracts shall further provide that title to the buildings shall vest in 
the United States at or before expiration of the contract term upon 
fulfillment of the terms and conditions of the contracts. The Federal 
Buildings Fund shall be reimbursed from the annual appropriation 
to the Centers for Disease Control—Disease Control, Research, and 
Training (or any other appropriation hereafter made available to 
the CDC for construction of research facilities) and such appropria-
tions shall hereafter be available for the purpose of reimbursing the 
Federal Buildings Fund. Obligations of funds under these trans-
actions shall be limited to the current fiscal year for which pay-
ments are due without regard to 31 U.S.C. 1502 and 1341(a)(1)(B). 
SEC. 10. The Administrator of General Services is authorized and 
directed to hire up to and maintain an annual average of not less 
than one thousand full-time equivalent positions for Federal Protec-
tive Officers. This shall be accomplished by increasing existing staff 
levels at the end of fiscal year 1988 at a rate of not less than fifty 
positions per year until the full-time equivalency of one thousand is 
attained by not later than fiscal year 1992. 
SEC. 11. Notwithstanding any other provision of law, the Adminis-
trator of General Services is hereafter authorized to transfer from 
the available resources of the Federal Buildings Fund, in accordance 
with such rules and procedures as may be established by the Office 
of Management and Budget and the Department of the Treasury, 
such amounts as are necessary to repay the principal amount of 
General Services Administration borrowings from the Federal 
Financing Bank when such borrowings are legal obligations of the 
Fund. 
SEC. 12. Notwithstanding any other provision of law, the General 
Services Administration is hereby authorized to sell, at competitive 
bid, the Federal Building located at 124 South Tennessee Avenue in 
Lakeland, Florida, and to deposit such proceeds into the Federal 
Buildings Fund. 
SEC. 13. 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. 
SEC. 14. 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 Norfork 
Lake, Arkansas, administered by the Corps of Engineers, Depart-
ment of the Army, without the specific approval of the Congress. 
SEC. 15. Notwithstanding any other provision of this Act the 
amount appropriated for "General Management and Administra-
tion, Salaries and Expenses" of the General Services Administration 
is $120,774,000 for fiscal year 1989. 
PUBLIC LAW 100-440—SEPT. 22, 1988 
102 STAT. 1743 
SEC. 16. The Administrator of General Services shall transfer, 
without consideration, to the Secretary of the Army the approxi-
mately twenty-four acres located in Laurel, Maryland, and classified 
as surplus property under the title "FDA—Beltsville Research Facil-
ity". Such property shall be used in connection with the Maryland 
National Guard. 
SEC. 17. The Secretary of the Interior, within thirty days of 
enactment of this Act shall designate a consolidated agency of no 
less than four hundred people within the Department of the Interior 
for relocation to Avondale, Maryland. The Administrator of General 
Services shall relocate the designee to the Avondale facility no later 
than ninety days after the Administrator determines design and 
alteration of the facility is completed. 
SEC. 18. Notwithstanding any other provision of this Act, no funds 
made available from the Federal Buildings Fund for new construc-
tion for fiscal year 1989 may be used to fund the St. Croix Federal 
Building, Courthouse located in the Virgin Islands. 
SEC. 19. None of the funds appropriated by this or any other Act 
in any fiscal year may be obligated or expended in any way for the 
purpose of the sale, lesise, rental, excessing, surplusing, or disposal 
of any portion of land identified as a portion of the Middle River 
Federal Depot located in Bsiltimore County, Maryland before Octo-
ber 1,1989: Provided, That such land may be sold before that time if 
the General Services Administration enters into a mutually agreed 
upon sale agreement with the State of Maryland and/or Baltimore 
County, Maryland. 
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION 
Maryland. 
National Guard. 
Maryland. 
Virgin Islands. 
Maryland. 
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, 
$121,900,000, of which $125,000 shall be made available directly to 
the Forbes Library, Northampton, Massachusetts for such expenses 
as are necessary for the proper preservation, restoration, and dis-
play of the Presidential papers of Calvin Coolidge, and of which 
$4,000,000 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 $4,100,000 shall remain 
available until expended for continuation of construction at the 
John F. Kennedy Library in Boston, Massachusetts: Provided, That 
notwithstanding the provisions of 31 U.S.C. 1341(aXl) or any other 
provisions of law, the Archivist of the United States is authorized, 
pursuant to 44 U.S.C. 2903, to enter into a contract for construction 
and related services for a new National Archives facility in Prince 
George's County, Maryland, on a site provided, without charge, to 
the United States by the University of Maryland or the State of 
Maryland, which site may be trsmsferred to the United States by 
less than fee simple estate, but shall remain available to the United 
States so long as it shall be used as a National Archives facility. The 
contract shall provide, by lease or installment pajnnents payable out 
of annual appropriations over a period not to exceed thirty years, for 
the payment of the purchase price and associated costs, which shall 
not exceed $205,000,000 plus escalation to the midpoint of construe-
102 STAT. 1744 
PUBLIC LAW 100-440—SEPT. 22, 1988 
tion, and reasonable interest thereon. The contract shall further 
provide that title to the building shall vest in the United States at or 
before the expiration of the contract term upon fulfillment of the 
terms and conditions of the contract. 
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, rental 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 Management and the 
Federal Bureau of Investigation for expenses incurred under Execu-
tive Order 10422 of January 9, 1953, as amended; $108,000,000, of 
which $170,000 shall be for the salaries, administrative support and 
for other expenses of the Commission on Executive, Legislative and 
Judicial Salaries; not to exceed $1,000,000 may be made available for 
establishment of Federal health promotion and disease prevention 
programs for Federal employees; and not to exceed $500,000 may be 
made available for implementation of the Combined Federal Cam-
paign in fiscal year 1989; in addition to $77,017,000 for administra-
tive expenses, including direct procurement of health benefits 
printing, for the retirement and insurance programs, of which 
$7,000,000 shall be for costs incurred in implementing the record-
keeping system of the Federal Employees Retirement System, to be 
transferred from the appropriate trust funds of the Office of Person-
nel Management in the amounts determined by the Office of Person-
nel Management without regard to other statutes: Provided, That 
the provisions of this appropriation shall not affect the authority to 
use applicable trust funds as provided by section 8348(a)(lXB) of title 
5, U.S.C: Provided further, That no part of this appropriation shall 
be available for salaries and expenses of the Legal 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, 
1989, 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. 
REVOLVING FUND 
Pursuant to section 4109(d)(1) of title 5, United States Code, costs 
for entertainment expenses of the President's Commission on Execu-
tive Exchange shall not exceed $12,000. 
PUBLIC LAW 100-440—SEPT. 22, 1988 
102 STAT. 1745 
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES HEALTH 
BENEFITS 
For pajnnent 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, $2,374,414,000, to remain available until 
expended. 
PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND 
For financing the unfunded liability of new and increased annuity 
benefits becoming effective on or after October 20, 1969, as au-
thorized by 5 U.S.C. 8348, and annuities under special Acts to be 
credited to the Civil Service Retirement and Disability Fund, 
$4,858,668,000: Provided, That annuities authorized by the Act of 
33 use 776. 
May 29, 1944, as amended (22 U.S.C. 3682(e)), August 19, 1950, as, 
amended (33 U.S.C. 771-75), may hereafter be paid out of the Civil 
Service Retirement and Disability Fund. 
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; $20,488,000, together with not to exceed $1,400,000 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 the 
Special Counsel pursuant to Reorganization Plan Numbered 2 of 
1978 and the Civil Service Reform Act of 1978 (Public Law 95-454), 
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; $5,000,000. 
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; $17,540,000: Pro-
102 STAT. 1746 
PUBLIC LAW 100-440—SEPT. 22, 1988 
26 u s e 7443 
note. 
vided. That public members of the Federal Service 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; $29,345,000: Provided, That 
travel expenses of the judges shall be paid upon the written certifi-
cate of the judge; and in addition, $1,225,000 shall be available only 
for installation of a chiller/air conditioning system in the United 
States Tax Court Headquarters Building in the District of Columbia, 
to remain available until expended. 
This title may be cited as the "Independent Agencies Appropria-
tions Act, 1989". 
TITLE V—GENERAL PROVISIONS 
Contracts. 
Public 
information. 
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: Provided, That this section shall 
not apply to travel performed by uncompensated 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 Veterans' Administration; to travel of the Office 
of Personnel Management in carrying out its observation respon-
sibilities of the Voting Rights Act; or to payments 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 
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 
any consulting service through procurement contract, pursuant to 5 
PUBLIC LAW 100-440—SEPT. 22, 1988 
102 STAT. 1747 
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 General 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-
104.4(b) of Armed Services Procurement Regulation dated January 
1, 1969, as such regulation existed on June 15, 1970: Provided, That 
a factor of 75 per centum in lieu of 50 per centum shall be used for 
evaluating foreign source end products against a 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 use 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 General 
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 employing 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 or made available by this 
Act shall be used to competitively procure electric utility service, 
except where such procurement is expressly authorized by the 
Federal Power Act or by State law or regulation. 
SEC. 509A. None of the funds appropriated in this Act may be used 
for administrative expenses to close the Federal Information Center 
of the General 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 pa3dng the salary of any Govern-
ment employee where funding an activity or paying a salary to a 
Government employee would result in a decision, determination, 
rule, regulation, or policy that would prohibit the enforcement of 
section 307 of the 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 
102 STAT. 1748 
PUBLIC LAW 100-440—SEPT. 22,1988 
Law Enforcement Training Center located at Glynco, Georgia, and 
Marana, Arizona, 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 payment of the salary of any officer or employee 
of the United States Postal Service, who— 
(1) prohibits or prevents, or attempts or threatens to 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, re-
duces in rank, seniority, status, pay, or performance of effi-
ciency rating, denies promotion to, relocates, reassigns, trans-
fers, disciplines, or discriminates in regard to any employment 
right, entitlement, or benefit, or any term or condition of 
employment of, any officer or employee of the United States 
Postal Service, or attempts or threatens to commit any of the 
foregoing actions with respect to such officer or employee, by 
reason of any communication or contact of such officer or 
employee with any Member or committee of Congress as de-
scribed in paragraph (1) of this subsection. 
SEC. 515. Except for vehicles provided to the President, Vice 
President and their families, or to the United States Secret Service, 
none of the funds provided in this Act to any Department or Agency 
shall be obligated or expended to procure passenger automobiles as 
defined in 15 U.S.C. 2001 with an EPA estimated miles per gallon 
average of less than twenty-two miles per gallon. The requirements 
of this section may be waived by the Administrator of the General 
Services Administration for special purposes or special mission 
automobiles. 
SEC. 516. 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. 517. The provision of section 516 shall not apply where the 
life of the mother would be endangered if the fetus were carried to 
term. 
50 use 98h note. 
SEC. 518. No later than October 1, 1989, the Administrator of 
General Services, or any Federal officer assuming the Administra-
tor's responsibilities with respect to management of the stockpile, 
shall use all funds authorized and appropriated before January 1, 
1985 from the National Defense Stockpile Transaction Fund to 
evaluate, test, relocate, upgrade or purchase stockpile materials to 
meet National Defense Stockpile goals and specifications in effect on 
October 1,1984. 
SEC. 519. No part of any appropriation contained in this Act shall 
be available for the procurement of, or for the pajnnent of, the 
salary of any person engaged in the procurement of stainless steel 
fiatware not produced in the United States or its possessions, except 
PUBLIC LAW 100-440—SEPT. 22, 1988 
102 STAT. 1749 
to the extent that the Administrator of General Services or his 
designee shall determine that a satisfactory quality and sufficient 
quantity of stainless steel flatware produced in the United States or 
its possessions, cannot be procured as and when needed from sources 
in the United States or its possessions or except in accordance with 
procedures provided by section 6-104.4(b) of Armed Services 
Procurement Regulations, dated January 1, 1969. This section shall 
be applicable to all solicitations for bids issued after its enactment. 
SEC. 520. 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. 521. Not later than October 1, 1989, of the amounts obtained 
from the sale, transfer, or disposition of silver from the National 
Defense Stockpile, not less than $1,000,000 shall be obligated for a 
pilot project to upgrade cobalt deposited in the National Defense 
Stockpile to the highest purity levels required for critical military 
applications. The funds used in this section for upgrading shall not 
exceed $2,000,000. 
SEC. 522. 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 
years duration, space for the United States Courts in Tacoma, 
Washington, at the site of Union Station, Tacoma, Washington. 
SEC. 523. 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 accordance with such sections. Such funds 
may not be used for any purpose with respect to which the preceding 
sentence relates beyond fiscal year 1989. 
SEC. 524. (a) Notwithstanding any other provision of law, during 
fiscal year 1989, 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 individuals 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. 
Contracts. 
Washington. 
Wages. 
Government 
organization and 
employees. 
Hazardous 
materials. 
Safety. 
102 STAT. 1750 
PUBLIC LAW 100-440—SEPT. 22, 1988 
Wages. 
Government 
organization and 
employees. 
Gifts and 
property. 
Education. 
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 1989 through the 
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 any 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 1989, 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. 
SEC. 525. None of the funds available in this Act may be used to 
contract out positions or downgrade the position classification of the 
Bureau of Engraving and Printing Police Force. 
SEC. 526. Such sums as may be necessary for fiscal year 1989 pay 
raises for programs funded by this Act shall be absorbed within the 
levels appropriated in this Act. 
SEC. 527. (a)(1) Notwithstanding any other provision of this Act, no 
department, agency, or instrumentality of the United States 
Government receiving appropriated funds under this Act for fiscal 
year 1989, shall, during fiscal year 1989, obligate and expend funds 
for consulting services involving management and professional serv-
ices; special studies and analyses; technical assistance; and manage-
ment review of program funded organizations; in excess of an 
amount equal to 85 per centum of the amount obligated and ex-
pended by such department, agency, or instrumentality for such 
services during fiscal year 1987. 
(2) The term "consulting services" shall be defined consistent with 
the provision of 0MB Circular A-120 dated January 4,1988. 
(b) The Director of the Office of Management and Budget shall 
take such action as may be necessary, through budget instructions 
or otherwise, to direct each department, agency, and instrumental-
ity of the United States to comply with the provisions of section 1114 
of title 31, United States Code. 
(c) All savings to any department, agency, or instrumentality 
which result from the application of subsection (a), shall be used for 
the 4.1 per centum increase in rates of pay in such department, 
agency, or instumentality made under this Act. 
SEC. 528. Section 509 of this Act shall have no force or effect. 
SEC. 529. The Office of Personnel Management may, during the 
fiscal year ending September 30, 1989, 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. 
PUBLIC LAW 100-440—SEPT. 22, 1988 
102 STAT. 1751 
TITLE VI—GENERAL PROVISIONS 
DEPARTMENTS, AGENCIES, AND CORPORATIONS 
SECTION 601. Unless otherwise specifically provided, the maxi- 
31 USC 1343 
mum amount allowable during the current fiscal year in accordance 
"ote. 
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 $6,600 except station wagons for 
which the maximum shall be $7,6()0: Provided, That these limits 
may be exceeded by not to exceed $2,700 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 shall not apply to 
electric or hybrid vehicles purchased for demonstration under the 
provisions of the Electric and Hybrid Vehicle Research, Develop-
ment, 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 use 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 
Government of the United States (including any agency the major-
ity of the stock of which is owned by the Government of the United 
States) whose post of duty is in the continental United States unless 
such person (1) is a citizen of the United States, (2) is a person in the 
service of the United States on the date of enactment of this Act, 
who, being eligible for citizenship, heis 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 
affidavit 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, shall be fined no more than $4,000 or imprisoned for not 
more than one year, or both: Provided further. That the above penal 
clause shall be in addition to, and not in substitution for any other 
provisions of existing law: Provided further, That any payment 
made to any officer or employee contrary to the provisions of this 
section shall be recoverable in action by the Federal Government. 
This section shall not apply to citizens of Ireland, Israel, the Repub-
lic of the Philippines or to nationals of those countries allied with 
the United States in the current defense effort, or to temporary 
emplo)ntnent 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 
102 STAT. 1752 
PUBLIC LAW 100-440—SEPT. 22, 1988 
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-
tions and agencies subject to chapter 91 of title 31, United States 
Code, shall be available, in addition to objects for which such funds 
are otherwise available, for rent in the District of Columbia; services 
in accordance with 5 U.S.C. 3109; and the objects specified under 
this head, all the provisions of which shall be applicable to the 
expenditure of such funds unless otherwise specified in the Act by 
which they are made available: Provided, That in the 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 carrying out of Acts requiring or authorizing the use 
of such credits), only when reimbursement therefor is made to the 
Tre£isury from applicable appropriations of the agency concerned: 
Gifts and 
Provided, That such credits received as exchanged Eillowances or 
property. 
proceeds of sales of personal property may be used in whole or part 
payment for acquisition of similar items, to the extent and in the 
manner authorized by law, without reimbursement to the Treasury. 
SEC. 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 (1) the 
General Services Administration, including the fund created by the 
Public Building Amendments of 1972 (86 Stat. 216), and (2) the 
"Postal Service Fund" (39 U.S.C. 2003), shall be available for 
employment of guards for all buildings and areeis owned or occupied 
by the United States or the Postal Service and under the charge and 
control of the General Services Administration or the Postal Serv-
ice, 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 (62 Stat. 281; 40 U.S.C. 318), but shall not be 
restricted to certain Federal property as otherwise required by the 
proviso contained in said section 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 (62 
Stat. 281; 40 U.S.C. 318a, 318b), attaching thereto penal con-
sequences under the authority and within the limits provided in 
section 4 of the Act of June 1, 1948 (62 Stat. 281; 40 U.S.C. 318c): 
Provided, That when the Administrator of General Services dele-
gates responsibility to protect property under this charge and con-
PUBLIC LAW 100-440—SEPT. 22, 1988 
102 STAT. 1753 
trol to the head of another Federal agency, that agency may employ 
guards to protect the property who shall have the same powers of 
special policemen in same manner as the foregoing. 
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 
applicable law of the United States. 
SEC. 611. No part of any appropriation contained in, or funds 
made available by, this or any other Act shall be available for any 
agency to pay to the Administrator of the General Sei-vices Adminis-
tration a higher rate per square foot for rental of space and services 
(established pursuant to section 2100') of the Federal Property and 
Administrative Services Act of 1949, as amended) than the rate per 
square foot established for the space and services by the General 
Services Administration for the fiscal year for which appropriations 
were granted. 
SEC. 612. (a)(1) 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, 1989, 
or September 30, 1990, by this Act or any other Act, may be used to 
pay any prevailing rate employee described in section 5342(a)(2)(A) 
of title 5, United States Code, or any employee covered by section 
5348 of that title— 
(1) during the period from the date of expiration of the 
limitation imposed by section 613 of the Treasury, Postal Serv-
ice, and General Government Appropriations Act, 1988, 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 613; and 
(2) during the period consisting of the remainder, if any, of 
fiscal year 1989, and that portion of fiscal year 1990, that 
precedes the normal effective date of the applicable wage survey 
adjustment that is to be effective in fiscal year 1990, 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 1989. 
(b) Notwithstanding any other provision of law, no prevailing rate 
employee described in subparagraph (B) or (C) of section 5342(a)(2) of 
title 5, United States Code, 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, 1988, 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, 1988, except to the extent 
determined by the Office of Personnel Management to be consistent 
with the purpose of this section. 
102 STAT. 1754 
PUBLIC LAW 100-440—SEPT. 22, 1988 
Wages. 
Effective date. 
Wages. 
5 u s e prec. 3341 
note. 
Reports. 
(e) The provisions of this section shall apply with respect to pay 
for services performed by any affected employee on or after 
October 1,1988. 
(f) For the purpose of administering any provision of law, includ-
ing section 8431 of title 5, United States Code, or any rule or 
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 or 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 payment to any employee covered by this section at a rate in 
excess of the rate that would be payable were this section not in 
effect. 
(h) The Office of Personnel Management may provide for excep-
tions to the limitations imposed by this section if the Office deter-
mines that such exceptions are necessary to ensure the recruitment 
or retention of qualified employees. 
SEC. 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 empWee 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 
renovate, remodel, furnish, or redecorate the office of such depart-
ment head, agency head, officer, or employee, or to purchase fur-
niture or make improvements for any such office, unless advance 
notice of such renovation, remodeling, furnishing, or redecoration is 
expressly approved by the Committees on Appropriations 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. 
SEC. 616. (a) Notwithstanding the provisions of sections 112 and 
113 of title 3, United States Code, each Executive agency detailing 
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 
reconnaissance programs; 
(5) the Bureau of Intelligence and Research of the Depart-
ment of State; 
PUBLIC LAW 100-440—SEPT. 22, 1988 
102 STAT. 1755 
(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 (b) 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 
Office, the Executive Residence, and any office, council, or organiza-
tional unit of the Executive Office of the President. 
SEC. 617. (a) None of the funds made available by this or any other 
Act with respect to any fiscal year may be used to make a contract 
for the manufacture of distinctive paper for United States currency 
and securities pursuant to section 5114 of title 31, United States 
Code, with any corporation or other entity owned or controlled by 
persons not citizens of the United States, or for the manufacture of 
such distinctive paper outside of the United States or its possessions. 
This subsection shall not apply if the Secretary of the Treasury 
determines that no domestic manufacturer of distinctive paper for 
United States currency or securities exists with which to make a 
contract and if the Secretary of the Treasury publishes in the 
Federal Register a written finding stating the basis for the 
determination. 
(b) None of the funds made available by this or any other Act with 
respect to any fiscal year may be used to procure paper for passports 
granted or issued pursuant to the first section of the Act entitled 
"An Act to regulate the issue and validity of passports, and for other 
purposes", approved July 3, 1926 (22 U.S.C. 211a), if such paper is 
manufactured outside of the United States or its possessions or is 
procured from any corporation or other entity owned or controlled 
by persons not citizens of the United States. This subsection shall 
not apply if no domestic manufacturer for passport paper exists. 
SEC. 618. TEMPORARY AUTHORITY TO TRANSFER LEAVE.—In order 
to ensure that the experimental use of voluntary leave transfers 
established under Public Laws 99-500, 99-591, and 100-202 may 
continue and may cover additional employees in fiscal year 1989, the 
Office of Personnel Management may continue to operate by regula-
tion, notwithstanding chapter 63 of title 5, United States Code, a 
program under which the unused accrued annual leave of officers or 
employees of the Federal Government may be transferred for use by 
other officers or employees who need such leave due to a personal 
emergency as defined in the regulations. The Office may provide by 
regulation for such exceptions from the provisions of section 7351 of 
title 5 as the Office may determine appropriate for the transfer of 
leave under this section. The Veterans' Administration may operate 
a similar program for employees subject to section 4108 of title 38, 
United States Code. The programs operated under this section shall 
expire at the end of fiscal year 1989, but any leave that has been 
transferred to an officer or employee under the programs shall 
31 u s e 5114 
note. 
22 u s e 211a 
note. 
Government 
organization and 
employees. 
5 u s e 6302 note. 
Termination 
date. 
102 STAT. 1756 
PUBLIC LAW 100-440—SEPT. 22, 1988 
remain available for use until the personal emergency has ended, 
and any remaining unused transferred leave shall, to> the extent 
administratively feasible, be restored l o t h e leave accounts of the 
officers or employees from whose accounts it was originally 
transferred. 
EMPLOYEE DISCLOSURE AGREEMENTS 
SEC. 619. No funds appropriated in this or any other Act for fiscal 
year 1989 may be used to implement or enforce the agreements in 
Standard Forms 189 and 4193 of the Government or any other 
nondisclosure policy, form or agreement if such policy, form or 
agreement: 
(1) concerns information other than that specifically marked 
as classified; or, unmarked but known by the employee to be 
classified; or, unclassified but known by the employee to be in 
the process of a classification determination; 
(2) contains the term classifiable; 
(3) directly or indirectly obstructs, by requirement of prior 
written authorization, limitation of authorized disclosure, or 
otherwise, the right of any individual to petition or commu-
nicate with Members of Congress in a secure manner as 
provided by the rules and procedures of the Congress; 
(4) interferes with the right of the Congress to obtain execu-
tive branch information in a secure manner as provided by the 
rules and procedures of the Congress; 
(5) imposes any obligations or invokes any remedies inconsist-
ent with statutory law: 
Provided, That nothing in this section shall affect the enforcement 
of those aspects of such nondisclosure policy, form or agreement 
that do not fall within subsection (l)-(5) of this section. 
Wages. 
SEC. 620. (aXD Notwithstanding any other provision of law, in the 
5 use 5305 note, case of fiscal year 1989, the overall percentage of the 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. 
Effective date. 
(2) Each increase in a pay rate or schedule which takes effect 
pursuant to paragraph (1) shall, to the maximum extent practicable, 
be of the same percentage, and shall take effect £is of the first day of 
the first applicable pay period commencing on or after January 1, 
1989. 
(bXD Notwithstanding any other provision of this Act or any other 
law, no adjustment in rates of pay under section 5305 of title 5, 
United States Code, which becomes effective on or after October 1, 
1988, and before October 1, 1989, shall have the effect of increasing 
the rate of salary or basic pay for any office or position in the 
legislative, executive, or judicial branch or in the government of the 
District of Columbia— 
(A) if the rate of salary or basic pay payable for that office or 
position as of September 30, 1988, was equal to or greater than 
the rate of basic pay then payable for level IH of the Executive 
Schedule under section 5314 of title 5, United States Code; or 
(B) to a rate exceeding the rate of basic pay payable for level 
III of the Executive Schedule under such section 5314 as of 
September 30,1988, if, as of that date, the rate of salary or basic 
E
ay payable for that office or position was less than the rate of 
asic pay then payable for such level III. 
PUBLIC LAW 100-440—SEPT. 22, 1988 
102 STAT. 1757 
(2) For purposes of paragraph (1), the rate of salary or basic pay 
payable as of September 30, 1988, for any office or position which 
was not in existence on such date shall be deemed to be the rate of 
salary or basic pay payable to individuals in comparable offices or 
positions 
on 
such 
date, 
as 
determined 
under 
regulations 
prescribed— 
(A) by the President, in the case of any office or position 
within the executive branch or in the government of the Dis-
trict of Columbia; 
(B) jointly by the Speaker of the House of Representatives and 
the President pro tempore of the Senate, in the ceise of any 
office or position within the legislative branch; or 
(C) by the Chief Justice of the United States, in the case of 
any office or position within the judicial branch. 
SEC. 621. Efi'ective October 1,1988, the Secretary shall sell, within 
fiscal year 1989, two million five hundred thousand fine troy ounces 
of silver held by the Treasury subject to Sec. 624 of this Act. 
SEC. 622. Effective October 1,1989, the Secretary shall sell, within 
fiscal year 1990, two million five hundred thousand fine troy ounces 
of silver held by the Tresisury subject to Sec. 624 of this Act. 
SEC. 623. Effective October 1,1990, the Secretary shall sell, within 
fiscal year 1991, two million five hundred thousand fine troy ounces 
of silver held by the Treasury subject to Sec. 624 of this Act. 
SEC. 624. The Secretary of the Treasury may reduce the amount of 
silver required to be sold pursuant to this Act if he makes a written 
determination to the Congress that such a sale will severely disrupt 
the domestic market for silver. 
SEC. 625. Notwithstanding any other provision of law, no execu-
tive branch £^ency 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. 626. Employees currently performing stockpile management 
and related functions in the Federal Property Resources Service, 
General Services Administration, pursuant to the Strategic and 
Critical Materials Stockpiling Act shall continue to perform these 
functions notwithstanding enactment of any amendments to this 
Act placing the direct functional responsibilities in another Federal 
department or sigency. Any of these employees transferred from the 
Federal Property Resources Service, General Services Administra-
tion, to another Federal department or agency pursuant to law shall 
not be subject to agency reduction-in-force procedures nor shall they 
be reduced in classification or compensation for two years after such 
transfer, except for cause. A formal plan implementing these provi-
sions shall be submitted to the House and Senate Committees on 
Appropriations by the recipient Eigency prior to any actual transfer 
that may be mandated. 
SEC. 627. 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 
President of U.S. 
Congress. 
Effective date. 
Effective date. 
Effective date. 
Silver. 
Commerce and 
trade. 
Employment 
and 
unemployment. 
102 STAT. 1758 
PUBLIC LAW 100-440—SEPT. 22, 1988 
(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 services 
procured by the Administrator of General Services as part 
of the procurement known as "FTS2000"; and 
(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. 628. (a) No department, agency, or instrumentality of the 
United States receiving appropriated funds under this Act for fiscal 
year 1989, or under any other Act appropriating funds for fiscal year 
1989, 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. 
(b) No funds so appropriated to any such department, agency, or 
instrumentality shall be available for payment in connection with 
any grant, contract, or other agreement, unless the recipient of such 
grant, contractor, or party to such agreement, as the case may be, 
has in place and will continue to administer in good faith a written 
policy, adopted by such recipient, contractor, or party's board of 
directors or other governing authority, satisfactory to the head of 
the department, agency, or instrumentality making such payment, 
designed to ensure that all of the workplaces of such recipient, 
contractor, or party are free from the illegal use, possession, or 
distribution of controlled substances (as defined in the (DontroUed 
Substances Act) by the officers and employees of such recipient, 
contractor, or party. 
SEC. 629. (a) Section 5724(a) of title 5, United States Code, is 
amended— 
(1) by striking out "and" at the end of paragraph (1); 
(2) by striking out the period at the end of paragraph (2) and 
inserting in lieu thereof ; and"; and 
(3) by adding at the end the following: 
Transportation. 
"(3) upon the Separation of a career appointee (as defined in 
section 3132(a)(4) of this title), the travel expenses of that 
individual, the transportation expenses of the immediate family 
of such individual, and the expenses of moving (including 
transporting, packing, crating, temporarily storing, draying, 
and unpacking) the household goods of such individual and 
personal effects not in excess of eighteen thousand pounds net 
weight, to the place where the individual will reside within the 
United States, its territories or pKOSsessions, the Commonwealth 
of Puerto Rico, or the areas and installations in the Republic of 
Panama made available to the United States pursuant to the 
Panama Canal Treaty of 1977 and related agreements, as de-
scribed in section 3(a) of the Panama Canal Act of 1979 (or, if 
the individual dies before the travel, transportation, and 
moving is completed, to the place where the family will reside) 
if such individual— 
"(A) during the five years preceding eligibility to receive 
an annuity under subchapter III of chapter 83, or of chapter 
84 of this title, and thereafter, has been transferred in the 
PUBLIC LAW 100-440—SEPT. 22, 1988 
102 STAT. 1759 
interest of the Government from one official station to 
another for permanent duty as a career appointee in the 
Senior Executive Service; and 
"(B) is eligible to receive an annuity upon such separation 
under the provisions of subchapter III of chapter 83 or 
chapter 84 of this title.", 
(b) The amendments made by subsection (a) shall be carried out by 
5 USC 5724 note. 
agencies by the use of funds appropriated or otherwise available for 
the administrative expenses of each of such respective agencies. The 
amendments made by such subsection do not authorize the appro-
priation of funds in amounts exceeding the sums otherwise 
authorized to be appropriated for such agencies. 
SEC. 630. Notwithstanding any other provision of law, Public Law 
89-784, 80 Stat. 1367 and Public Law 90-469, 82 Stat. 666 pertaining 
to the naming, maintaining and operating of the William Langer 
Jewel Bearing Plant are amended by striking out all references to 
the "General Services Administration", "the Administrator of the 
General Services" and "Administrator" and inserting in lieu thereof 
"the National Defense Stockpile Manager". 
SEC. 631. For purposes of section 1886 of the Social Security Act, Missouri. 
Missouri Baptist Hospital of Sullivan in Sullivan, Missouri is Effective date. 
deemed to be located in Franklin County, Missouri, retroactively 
effective for discharges beginning on or after December 22, 1987. 
This Act may be cited as the "Treasury, Postal Service and 
General Government Appropriations Act, 1989". 
Approved September 22, 1988. 
LEGISLATIVE HISTORY—H.R. 4775: 
HOUSE REPORTS: No. 100-679 (Comm. on Appropriations) and No. 100-881 (Coram. 
of Conference). 
SENATE REPORTS: No. 100-387 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
June 14, considered and passed House. 
June 22, 24, 27, considered and passed Senate, amended. 
Sept. 7, House agreed to conference report; receded and concurred in certain 
Senate amendments, in others with amendments. 
Sept. 8, Senate agreed to conference report; concurred in House amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 24 (1988): 
Sept. 22, Presidential statement.