[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4539 Engrossed Amendment Senate (EAS)]
103d CONGRESS
2d Session
H. R. 4539
_______________________________________________________________________
AMENDMENTS
In the Senate of the United States,
June 22 (legislative day, June 7), 1994.
Resolved, That the bill from the House of Representatives (H.R.
4539) entitled ``An Act making appropriations for the Treasury
Department, the United States Postal Service, the Executive Office of
the President, and certain Independent Agencies, for the fiscal year
ending September 30, 1995, and for other purposes'', do pass with the
following
AMENDMENTS:
(1)Page 2, line 10, strike out all after ``business;'' down to and
including ``requirements;'' in line 16 and insert: of which not less
than $6,443,000 and 92 full-time equivalent positions shall be
available for enforcement activities, and of which not less than
$3,040,000 shall be available for the Office of Foreign Assets Control;
not to exceed $150,000 for official reception and representation
expenses;
(2)Page 2, strike out all after line 22 down to and including
``celed'' in line 25 and insert: $104,400,000
(3)Page 3, line 10, strike out [$28,897,000] and insert: $30,497,000
(4)Page 3, line 16, strike out all after ``expenses;'' down to and
including ``canceled'' in line 18 and insert: $20,690,000
(5)Page 4, line 14, strike out [$9,000] and insert: $7,000
(6)Page 5, line 7, after ``Director'' insert: on a space available
basis with reimbursement of actual costs to this appropriation
(7)Page 5, line 23, strike out [short term] and insert: first-aid and
emergency
(8)Page 5, line 24, strike out [$46,713,000] and insert: $47,114,000
(9)Page 6, line 8, strike out [$9,815,000] and insert: $16,815,000
(10)Page 6, line 13, strike out [$185,389,000] and insert:
$183,697,000
(11)Page 6, line 19, strike out all after ``101-380'' down to and
including ``canceled'' in line 21
(12)Page 7, line 15, strike out [$376,181,000] and insert:
385,315,000, of which no less than $134,847,000 and 1,140 full-time
equivalent positions shall be available for enforcing the Armed Career
Criminal Act
(13)Page 8, line 19, strike out all after ``licensees'' down to and
including ``canceled'' in line 21 and insert: : Provided, That funds
made available shall be used to achieve a minimum staffing level of
4,215 full-time equivalent positions during fiscal year 1995
(14)Page 9, line 6, strike out [$1,391,700,000] and insert:
$1,378,914,000
(15)Page 9, line 19, strike out all after ``District'' down to and
including ``canceled'' in line 24
(16)Page 9, line 24, after ``canceled'' insert: : Provided further,
That Customs shall achieve a minimum full-time equivalent staffing
level of 17,524 during fiscal year 1995: Provided further, That
$500,000 shall remain available until expended for construction of a
replacement fence within the city limits of Nogales, Arizona, under the
authority of section 69, title 19, United States Code: Provided
further, That any fee increases currently authorized or authorized in
the future, by amendments to section 13031 of the Comprehensive Omnibus
Budget Reconciliation Act of 1985 hereafter shall be charged and
collected
(17)Page 10, line 9, strike out [$78,991,000] and insert: $91,891,000
(18)Page 10, line 10, after ``1997'' insert: : Provided, That no
aircraft or other related equipment, with the exception of aircraft
which is one of a kind and has been identified as excess to Customs
requirements, and aircraft which has been damaged beyond repair, shall
be transferred to any other Federal agency, Department, or office
outside of the Department of the Treasury, during fiscal year 1995,
without the prior approval of the House and Senate Committees on
Appropriations
(19)Page 10, after line 10, insert:
Customs Facilities, Construction, Improvements and Related Expenses
For acquisition of necessary additional real property, facilities,
construction, improvements, and related expenses of the United States
Customs Service, $1,000,000, to remain available until expended.
(20)Page 11, line 4, strike out [$54,770,000] and insert: $55,740,000
(21)Page 12, line 22, strike out [$225,632,000] and insert:
$163,431,000
(22)Page 13, line 8, strike out [$1,616,295,000, of which $3,500,000]
and insert: $1,586,028,000, of which $3,700,000
(23)Page 14, line 4, strike out [$4,412,580,000] and insert:
$4,358,180,000
(24)Page 14, line 6, after ``1997'' insert: for research: Provided
further, That $405,000,000 of the $426,300,000 made available for the
fiscal year 1995 tax compliance initiative shall not be expended for
any other purposes: Provided further, That no funds shall be
transferred from this account during fiscal year 1995: Provided
further, That no less than $442,148,000 and 5,002 full-time equivalent
positions shall be available for tax fraud investigations
(25)Page 14, line 16, strike out [$1,240,357,000 of which
$185,000,000] and insert: $1,388,000,000 of which no less than
$700,000,000 shall be available for tax systems modernization, of which
up to $185,000,000 for tax and information systems development projects
(26)Page 14, line 22, after ``Modernization'' insert: : Provided
further, That in the event that fee increases are charged and collected
as a result of amendments enacted after December 8, 1993 to section
13031 of the Comprehensive Omnibus Budget Reconciliation Act of 1985,
the amount appropriated shall be $1,523,000,000
(27)Page 15, line 3, after ``the'' the first time it appears insert:
advance
(28)Page 15, line 4 after ``Appropriations'' insert: : Provided, That
no funds shall be transferred from the ``Tax law enforcement'' account
during fiscal year 1995
(29)Page 15, after line 9 insert:
Sec. 3. The Secretary of the Treasury may establish new fees or
raise existing fees for services provided by the Internal Revenue
Service to increase receipts, where such fees are authorized by another
law. The Secretary of the Treasury may spend the new or increased fee
receipts to supplement appropriations made available to the Internal
Revenue Service appropriations accounts in fiscal years 1995 and
thereafter: Provided, That the Secretary shall provide quarterly
reports to the Congress on the collection of such fees and how they are
being expended by the Service.
(30)Page 16, line 20, strike out all after ``year;'' down to and
including ``canceled'' in line 22 and insert: $474,988,000
(31)Page 20, after line 14, insert:
Sec. 110. (a) The Secretary of the Treasury shall implement the
plan announced by the Bureau of the Public Debt on March 19, 1991, to
consolidate such Bureau's operations in Parkersburg, West Virginia.
(b) The consolidation referred to in subsection (a) shall be
completed by December 31, 1995, in accordance with the plan of the
Bureau of the Public Debt.
(32)Page 20, after line 14, insert:
Sec. 111. Notwithstanding any other provision of law, Customs
personnel funded through reimbursement from the Puerto Rico Trust Fund
shall not be reduced as the result of workforce reductions required
under Executive Order or other guidance to Executive branch agencies in
fiscal year 1995 and hereafter.
(33)Page 20, after line 14, insert:
Sec. 112. Subsection (a) of section 9703 of title 31, United States
Code, is amended--
(a) by redesignating subparagraphs (G) and (J) of paragraph
(2) as (I) and (J) of paragraph (1), respectively; and
(b) by redesignating in paragraph (2) subparagraphs (H) and
(I) as subparagraphs (G) and (H), respectively.
(34)Page 20, after line 14, insert:
Sec. 113. (a) The Director of the United States Secret Service
shall direct and apply appropriate agency personnel and resources for
the purpose of conducting a security survey of the Bureau of Engraving
and Printing.
(b) Such security survey shall include a review of all general
security provisions, including:
(1) The security and safeguarding of currency.
(2) Personnel screening and employee background check
procedures.
(3) Access control and identification procedures.
(4) The security and safeguarding of currency materials,
supplies and related items.
(5) Other security areas of concern as deemed relative and
appropriate by the agency.
(c) The Bureau of Engraving and Printing and the Federal agencies
which participated in any investigations or arrest of person(s) for
theft of currency from the Bureau of Engraving and Printing are
directed to--
(1) provide any assistance and cooperation to the United
States Secret Service for the purpose of the security survey;
and
(2) provide Secret Service personnel, in accordance with
all laws, with access to person(s) arrested in connection with
theft or removal of currency from the Bureau of Engraving and
Printing; and
(3) provide access to all relevant investigative reports
and materials: Provided, That access to such persons is
approved by the appropriate United States Attorney.
(d) The Director of the United States Secret Service shall provide
a preliminary report to the Congress no later than 30 days from the
date of enactment of this Act, and a final report containing specific
findings and recommendations to the Congress within 90 days of
enactment of this Act.
(35)Page 20, after line 14, insert:
SEC. 114. CUSTOMS SERVICE INSPECTORS AND CANINE ENFORCEMENT OFFICERS AS
LAW ENFORCEMENT OFFICERS FOR FEDERAL RETIREMENT SYSTEMS.
(a) Short Title.--This section may be cited as the ``Customs
Service Inspectors and Customs Canine Enforcement Officers Retirement
Act of 1994''.
(b) Civil Service Retirement System.--
(1) Definitions.--Section 8331 of title 5, United States
Code, is amended--
(A) by striking out ``and'' at the end of paragraph
(25);
(B) by striking out the period at the end of
paragraph (26) and inserting in lieu thereof a
semicolon; and
(C) by adding at the end thereof the following new
paragraphs:
``(27) `customs inspector' means an employee of the United
States Customs Service--
``(A) who--
``(i) elects to make contributions and be
covered in accordance with section 4 of the
Customs Service Inspectors and Customs Canine
Enforcement Officers Retirement Act of 1994; or
``(ii) is hired after the effective date of
such Act; and
``(B) the duties of whose position are primarily
to--
``(i) enforce laws and regulations
governing the importing and exporting of
merchandise;
``(ii) process and control passengers and
baggage;
``(iii) interdict smuggled merchandise and
contraband; and
``(iv) apprehend (if warranted) persons
involved in violations of customs laws,
including an employee engaged in this activity who is
transferred to a supervisory or administrative position; and
``(28) `customs canine enforcement officer' means an
employee of the United States Customs Service--
``(A) who--
``(i) elects to make contributions and be
covered in accordance with section 4 of the
Customs Service Inspectors and Customs Canine
Enforcement Officers Retirement Act of 1994; or
``(ii) is hired after the effective date of
such Act; and
``(B) the duties of whose position are primarily to
work directly with a dog in an effort to--
``(i) enforce laws and regulations
governing the importing and exporting of
merchandise;
``(ii) process and control passengers and
baggage;
``(iii) interdict smuggled merchandise and
contraband; and
``(iv) apprehend (if warranted) persons
involved in violations of customs laws,
including an employee engaged in this activity who is
transferred to a supervisory or administrative position.''.
(2) Deductions, contributions, and deposits.--Section 8334
of title 5, United States Code, is amended--
(A) in subsection (a)(1), by striking out ``a law
enforcement officer,'' and inserting in lieu thereof
``a law enforcement officer, a customs inspector, a
customs canine enforcement officer,''; and
(B) in the table in subsection (c), by striking out
``and firefighter for firefighter service.'' and
inserting in lieu thereof ``, firefighter for
firefighter service, customs inspector for customs
inspector service, and customs canine enforcement
officer for customs canine enforcement officer
service''.
(3) Mandatory separation.--Section 8335(b) of title 5,
United States Code, is amended in the second sentence by
striking out ``law enforcement officer'' and inserting in lieu
thereof ``law enforcement officer, a customs inspector, or a
customs canine enforcement officer''.
(4) Immediate retirement.--Section 8336(c)(1) of such title
is amended by striking out ``law enforcement officer or
firefighter,'' and inserting ``law enforcement officer, a
firefighter, a customs inspector, or a customs canine
enforcement officer,''.
(c) Federal Employees Retirement System.--
(1) Definitions.--Section 8401 of title 5, United States
Code, is amended--
(A) by striking out ``and'' at the end of paragraph
(31);
(B) by striking out the period at the end of
paragraph (32) and inserting in lieu thereof a
semicolon; and
(C) by adding at the end thereof the following new
paragraphs:
``(33) `customs inspector' means an employee of the United
States Customs Service--
``(A) who--
``(i) elects to make contributions and be
covered in accordance with section 4 of the
Customs Service Inspectors and Customs Canine
Enforcement Officers Retirement Act of 1994; or
``(ii) is hired after the effective date of
such Act; and
``(B) the duties of whose position are primarily
to--
``(i) enforce laws and regulations
governing the importing and exporting of
merchandise;
``(ii) process and control passengers and
baggage;
``(iii) interdict smuggled merchandise and
contraband; and
``(iv) apprehend (if warranted) persons
involved in violations of customs laws,
including an employee engaged in this activity who is
transferred to a supervisory or administrative position; and
``(34) `customs canine enforcement officer' means an
employee of the United States Customs Service--
``(A) who--
``(i) elects to make contributions and be
covered in accordance with section 4 of the
Customs Service Inspectors and Customs Canine
Enforcement Officers Retirement Act of 1994; or
``(ii) is hired after the effective date of
such Act; and
``(B) the duties of whose position are primarily to
work directly with a dog in an effort to--
``(i) enforce laws and regulations
governing the importing and exporting of
merchandise;
``(ii) process and control passengers and
baggage;
``(iii) interdict smuggled merchandise and
contraband; and
``(iv) apprehend (if warranted) persons
involved in violations of customs laws,
including an employee engaged in this activity who is
transferred to a supervisory or administrative position.''.
(2) Immediate retirement.--Section 8412(d) of title 5,
United States Code, is amended--
(A) in paragraph (1) by striking out ``or
firefighter,'' and inserting in lieu thereof
``firefighter, customs inspector, or customs canine
enforcement officer,''; and
(B) in paragraph (2) by striking out ``or
firefighter,'' and inserting in lieu thereof
``firefighter, customs inspector, or customs canine
enforcement officer,''.
(3) Computation of basic annuity.--Section 8415(g)(2) of
title 5, United States Code, is amended in the sentence
following subparagraph (B) by inserting ``customs inspector,
customs canine enforcement officer,'' after ``firefighter,''.
(4) Deductions.--Section 8422(a)(2) of title 5, United
States Code, is amended--
(A) in subparagraph (A) by inserting ``customs inspector,
customs canine enforcement officer,'' after ``air traffic
controller,''; and
(B) in subparagraph (B) by inserting ``customs
inspector, customs canine enforcement officer,'' after
``air traffic controller,''.
(5) Government Contributions.--Section 8423(a) of title 5,
United States Code, is amended--
(A) in paragraph (1)(B)(i) by inserting ``customs
inspectors, customs canine enforcement officers,''
after ``law enforcement officers,''; and
(B) in paragraph (3)(A) by inserting ``customs
inspectors, customs canine enforcement officers,''
after ``law enforcement officers,''.
(6) Mandatory separation.--Section 8425(b) of title 5,
United States Code, is amended in the second sentence by
inserting ``, customs inspector, or customs canine enforcement
officer'' after ``law enforcement officer''.
(e) Inclusion of Overtime Pay as Base Pay for Customs Inspectors
and Customs Canine Enforcement Officers.--Section 8331(3) of title 5,
United States Code, is amended--
(1) in subparagraph (D) by striking out ``and'' after the
semicolon;
(2) in subparagraph (E) by adding ``and'' after the
semicolon;
(3) by inserting after subparagraph (E) the following new
subparagraph:
``(F) with respect to a customs inspector or
customs canine enforcement officer as defined under
paragraphs (27) and (28), compensation for overtime
under section 5542(a), but not to exceed 50 percent of
any statutory maximum in overtime pay for customs
inspectors or customs canine enforcement officers which
is in effect for the year involved;''; and
(4) in the matter following subparagraph (F) (as added by
paragraph (3) of this section) by striking out ``and (E)'' and
inserting in lieu thereof ``(E), and (F)''.
(f) Agency Contributions for Customs Inspectors and Customs Canine
Enforcement Officers.--Section 13031(f)(3)(A)(i) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)(A)(i) is
amended--
(1) by redesignating subclauses (IV) and (V) as subclauses
(V) and (VI), respectively; and
(2) by inserting after subclause (III) the following new
subclause:
``(IV) paying agency contributions
to the Civil Service Retirement and
Disability Fund to match contributions
for customs inspectors and customs
canine enforcement officers as defined
under section 8331 (27) and (28),
respectively, in accordance with the
Customs Inspectors and Customs Canine
Enforcement Officers Retirement Act of
1994;''.
(g) Overtime and Premium Pay for Customs Inspectors and Customs
Canine Enforcement Officers.--
(1) Overtime pay.--Section 5542(a)(4) of title 5, United
States Code, is amended by inserting after ``law enforcement
officer'' the following: ``as defined under section 8331(20) or
8401(17), a customs inspector as defined under section
8331(27), and a customs canine enforcement officer as defined
under section 8331(28)''.
(2) Limitation on premium pay.--Section 5547(c) of title 5,
United States Code, is amended--
(A) in paragraph (1) by inserting ``a customs
inspector as defined under section 8331(27) and customs
canine enforcement officer as defined under section
8331(28)'' after ``law enforcement officer''; and
(B) in paragraph (2) by inserting ``a customs
inspector as defined under section 8331(27) and customs
canine enforcement officer as defined under section
8331(28)'' after ``law enforcement officer''.
(h) Administrative Provisions.--
(1) Employee coverage.--No later than 90 days after the
effective date of this section, each customs inspector or
customs canine enforcement officer shall make an irrevocable
election to be covered under chapter 83 or 84 (as the case may
be) as amended by this section.
(2) Employee contributions.--Any individual who has served
as a customs inspector or customs canine enforcement officer
before the effective date of this section, shall have such
service credited and annuities determined in accordance with
the amendments made by this section, if such individual makes
payment into the Civil Service Retirement and Disability Fund
of an amount, determined by the Office of Personnel Management,
which would have been deducted and withheld from the basic pay
of such individual (including interest thereon) under chapters
83 and 84 of title 5, United States Code, as if such amendments
had been in effect during the periods of such service.
(3) Agency contributions.--No later than 90 days after a
payment made by an individual under paragraph (1), the
Department of the Treasury shall make a payment into the Civil
Service Retirement and Disability Fund of an amount, determined
by the Office of Personnel Management, which would have been
contributed as a Government contribution (including interest
thereon) under chapters 83 and 84 of title 5, United States
Code, for the service credited and annuities determined for
such individual, as if the amendments made by this section had
been in effect during the applicable periods of service.
(4) Regulations.--The Office of Personnel Management shall
determine the amount of interest to be paid under this section
and may promulgate regulations to carry out the provisions of
this section.
(i) Rule of Construction.--No provision of this section or
amendment made by this section shall be construed to provide for
treatment of customs inspectors or canine enforcement officers of the
United States Customs Service as law enforcement officers for any
purpose other than as specifically provided in such provision or
amendment.
(j) Effective Date.--The provisions of this section and amendments
made by this section shall take effect on the date occurring 90 days
after the date of enactment of this Act.
(36)Page 20, line 23, strike out [$85,717,000] and insert:
$102,317,000
(37)Page 23, line 2, strike out [$38,754,000] and insert: $40,193,000
(38)Page 24, line 5, strike out [$3,270,000] and insert: $3,280,000
(39)Page 24, line 10, strike out all after ``1021),'' down to and
including ``$3,420,000'' and insert: $3,439,000
(40)Page 24, line 21, strike out [$6,648,000] and insert: $8,222,000
(41)Page 24, line 25, strike out [$24,850,000] and insert: $26,217,000
(42)Page 25, line 16, strike out [$56,272,000] and insert: $55,081,000
(43)Page 27, line 16, strike out [$43,000,000] and insert: $55,000,000
(44)Page 27, line 18, after ``tor'' insert: : Provided, That an
additional $12,000,000 shall be made available for drug control
activities in Puerto Rico and the U.S. Virgin Islands only if the
Director of the Office of National Drug Control Policy designates such
area as a High Intensity Drug Trafficking Area: Provided further, That
the funds made available under this head shall be obligated within 90
days of the date of enactment of this Act
(45)Page 27, strike out all after line 21 down to and including
``$8,000,000'' in line 25 and insert: $52,500,000, which shall be
derived from deposits in the Special Forfeiture Fund; of which
$20,000,000 shall be retained by the Director of the Office of National
Drug Control Policy for enhancing U.S. Customs Service air and marine
interdiction activities should air and marine smuggling activity
increase; of which $25,000,000 shall be transferred to the Substance
Abuse and Mental Health Services Administration, and of which
$13,000,000 shall be available for drug treatment block grants to the
States, and of which $10,000,000 shall be available to the Center for
Substance Abuse Treatment for the residential women and children's
program, and of which $2,000,000 shall be available to the Center for
Substance Abuse Treatment for a comprehensive outpatient program; of
which $7,500,000
(46)Page 28, after line 7, insert:
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, $1,800,000.
(47)Page 28, after line 7, insert:
Advisory Commission on Intergovernmental Relations
salaries and expenses
For expenses necessary to carry out the provisions of the Advisory
Commission on Intergovernmental Relations Act of 1959, as amended (42
U.S.C. 4271-79); $1,000,000, and additional amounts collected from the
sale of publications shall be credited to and used for the purposes of
this appropriation.
(48)Page 28, line 19, strike out [$23,564,000] and insert: $27,106,000
(49)Page 29, line 5, strike out [$21,341,000] and insert: $21,540,000
(50)Page 29, line 22, strike out [$361,615,520] and insert:
$500,000,000
(51)Page 30, line 22, strike out [$4,973,825,520] and insert:
$5,057,841,000
(52)Page 30, line 22, strike out [$502,709,520] and insert:
$721,129,000
(53)Page 31, strike out all after line 3 over to and including line 4
on page 33 and insert:
Alabama:
Montgomery, U.S. Courthouse Annex, $40,547,000
Arizona:
Tucson, Federal Building and U.S. Courthouse, $98,625,000:
Provided, That construction funds shall only be obligated upon
the approval of the House Committee on Public Works and
Transportation and the Senate Committee on Environment and
Public Works
California:
Santa Ana, Federal Building and U.S. Courthouse,
$25,193,000
Colorado:
Lakewood, Denver Federal Center, U.S. Geological Survey Lab
Building, $25,802,000
Florida:
Jacksonville, U.S. Courthouse, $4,666,000: Provided, That
such funds shall only be obligated upon the approval of the
House Committee on Public Works and Transportation and the
Senate Committee on Environment and Public Works
Orlando, U.S. Courthouse Annex, $7,724,000
Georgia:
Savannah, U.S. Courthouse Annex, $5,597,000
Hawaii:
Consolidation, University of Hawaii-Hilo, $12,000,000:
Provided, That such funds shall only be obligated upon the
approval of the House Committee on Public Works and
Transportation and the Senate Committee on Environment and
Public Works
Kentucky:
Covington, U.S. Courthouse, $3,108,000: Provided, That such
funds shall only be obligated upon the approval of the House
Committee on Public Works and Transportation and the Senate
Committee on Environment and Public Works
London, U.S. Courthouse, $1,620,000: Provided, That such
funds shall only be obligated upon the approval of the House
Committee on Public Works and Transportation and the Senate
Committee on Environment and Public Works
Louisiana:
Lafayette, U.S. Courthouse, $5,363,000
Maryland:
Beltsville, U.S. Secret Service, training administration
building, $2,400,000: Provided, That such funds shall only be
obligated upon the approval of the House Committee on Public
Works and Transportation and the Senate Committee on
Environment and Public Works
Montgomery and Prince Georges Counties, Food and Drug
Administration consolidation, $50,000,000
Missouri:
Kansas City, Federal Building and U.S. Courthouse,
$84,895,000
St. Louis, Federal Building and U.S. Courthouse,
$176,863,000
Montana:
Babb, New Piegan Border Station, $333,000
New Mexico:
Albuquerque, U.S. Courthouse, $49,300,000: Provided, That
such funds shall only be obligated upon the approval of the
House Committee on Public Works and Transportation and the
Senate Committee on Environment and Public Works
New York:
Long Island, U.S. Courthouse, $30,000,000: Provided, That
such funds shall only be obligated upon the approval of the
House Committee on Public Works and Transportation and the
Senate Committee on Environment and Public Works
Nevada:
Las Vegas, U.S. Courthouse, $4,500,000: Provided, That such
funds shall only be obligated upon the approval of the House
Committee on Public Works and Transportation and the Senate
Committee on Environment and Public Works
North Dakota:
Pembina, Border Station, $11,113,000
Ohio:
Cleveland, U.S. Courthouse, $30,048,000
Pennsylvania:
Erie, Federal Complex, $3,335,000
Tennessee:
Greeneville, U.S. Courthouse, $3,234,000: Provided, That
such funds shall only be obligated upon the approval of the
House Committee on Public Works and Transportation and the
Senate Committee on Environment and Public Works
Texas:
Austin, Veterans Affairs Annex, $1,430,000
Brownsville, Federal Building and U.S. Courthouse,
$6,361,000
El Paso, Federal Office Building, Claim, $327,000
Laredo, Federal Building and U.S. Courthouse, $24,341,000
Virginia:
Charlottesville, U.S. Army Foreign Service Technology
Center, $4,178,000
Washington:
Blaine, Border Station, $4,472,000
Oroville, Border Station, $1,483,000
Point Roberts, Border Station, $698,000
West Virginia:
Martinsburg, IRS Computer Center, $7,547,000
(54)Page 33, line 23, strike out [$815,268,000] and insert:
$714,556,000
(55)Page 34, strike out all after line 9 over to and including
``$301,168,000'' in line 22 on page 36 and insert:
California:
Los Angeles, U.S. Courthouse, $22,420,000
Menlo Park, USGS Building #3, $6,868,000
Sacramento, Federal Building, $14,914,000
San Pedro, Custom House, $4,887,000
Colorado:
Denver, Federal Building and Custom House, $8,006,000
District of Columbia:
Ariel-Rios Facades, $3,551,000
Customs/ICC/Connecting Wing Complex (phase I), $8,696,000
National Courts, $4,129,000
Illinois:
Chicago, Federal Center, $47,682,000
Maryland:
Baltimore, George H. Fallon Federal Building (phase 3),
$15,459,000
Woodlawn, SSA East High-Low Rise Buildings, $17,292,000
New Jersey:
Trenton, Clarkson S. Fisher Courthouse, $14,107,000
New York:
Holtsville, IRS Service Center, $19,183,000
New York City, Jacob K. Javits Federal Building, $2,602,000
New York City, Silvio V. Mollo Federal Building, $953,000
North Carolina:
Asheville, Federal Building and U.S. Courthouse, $6,347,000
Ohio:
Cleveland, Anthony J. Celebreeze Federal Building,
$10,972,000
Oklahoma:
Oklahoma City, Alfred P. Murrah Federal Building,
$5,290,000
Pennsylvania:
Harrisburg, Federal Building and Courthouse, $15,213,000
Philadelphia, Byrne-Green Complex, $30,628,000
Philadelphia, R.N.C. Nix, Sr. Federal Building and U.S.
Courthouse (phase 3), $13,257,000
Texas:
Lubbock, Federal Building and U.S. Courthouse, $12,167,000
Virginia:
Richmond, U.S. Courthouse and Annex, $12,509,000
Washington:
Walla Walla, Corps of Engineers, demolition, $2,800,000:
Provided, That such funds shall only be obligated upon the
approval of the House Committee on Public Works and
Transportation and the Senate Committee on Environment and
Public Works
Nationwide:
Chlorofluorocarbons Program, $90,035,000
Energy Program, $45,723,000
Advance Design, $19,515,000
Minor Repairs and Alterations, $257,151,000
(56)Page 37, line 20, strike out [$2,204,628,000] and insert:
$2,173,000,000
(57)Page 37, line 22, strike out [$1,323,689,000] and insert:
$1,309,525,000
(58)Page 37, line 23, strike out all after ``expended'' over to and
including ``prospectus'' in line 13 on page 38
(59)Page 38, line 24, strike out all after ``buildings'' over to and
including ``prospectus'' in line 8 on page 39
(60)Page 40, line 2, strike out [$4,973,825,520] and insert:
$5,057,841,000
(61)Page 40, strike out all after line 7 over to and including line 20
on page 42 and insert:
Of the funds made available under this heading in Public Law 101-
136, Public Law 101-509, Public Law 102-141, Public Law 102-393; and
Public Law 103-123, $88,658,000 are rescinded from the following
projects in the following amounts:
California:
Menlo Park, U.S. Geological Survey Office and Laboratory
Buildings, $783,000
Sacramento, U.S. Courthouse and Federal Building,
$3,391,000
District of Columbia:
Federal Office Building No. 6, $8,583,000
Federal Bureau of Investigation, Field office, $5,679,000
White House remote delivery and vehicle maintenance
facility, $4,152,000
Florida:
Fort Myers, U.S. Courthouse, $654,000
Hollywood, Federal Building, $1,000,000
Lakeland, Federal Building, $4,400,000
Tampa, U.S. Courthouse, $7,511,000
Indiana:
Hammond, U.S. Courthouse, $5,223,000
Iowa:
Burlington, Parking Facility, $2,400,000
Maryland:
Bowie, Bureau of Census, Computer Center, $660,000
New Carrollton, Internal Revenue Service, Headquarters,
$30,100,000
Minnesota:
Minneapolis, Federal Building and U.S. Courthouse,
$4,197,000
New Hampshire:
Concord, U.S. Courthouse, $867,000
New Jersey:
Newark, Federal Building, 20 Washington Plaza, $327,000
North Dakota:
Fargo, U.S. Courthouse, $4,471,000
Pennsylvania:
Philadelphia, Veterans Affairs Federal Building, $1,276,000
Tennessee:
Knoxville, U.S. Courthouse, $800,000
United States Virgin Islands:
Charlotte Amalie, St. Thomas, U.S. Courthouse and Annex,
$2,184,000.
(62)Page 43, line 3, strike out all after ``activities;'' down to and
including ``12356;'' in line 5
(63)Page 43, line 14, strike out all after ``expenses;'' down to and
including ``canceled'' in line 16 and insert: $130,036,000: Provided,
That not less than $825,000 shall be available for personnel and
associated costs in support of Congressional District and Senate State
offices without reimbursement from these offices
(64)Page 45, strike out all after line 23 over to and including line 5
on page 46
(65)Page 48, after line 6 insert:
Sec. 11. The Administrator of General Services is authorized
hereafter to accept and retain any sponsor refunds, rebates, volume
discount payments, lump sum payments, and other similar payments from
contractors or other vendors paid on or after October 1, 1993 which are
related to personal property or services provided or to be provided
through the General Supply Fund established under section 109 of the
Federal Property and Administrative Services Act of 1949, as amended.
Such payments are available for the life of the program activity which
generated the payment. Such payments are to be used to fund the direct
and indirect costs of providing personal property and nonpersonal
services related to that program activity.
(66)Page 48, line 17, strike out [$2,420,000] and insert: $1,989,000
(67)Page 48, after line 21, insert:
Morris K. Udall Scholarship and Excellence in National Environmental
Policy Foundation
federal payment to morris k. udall scholarship and excellence in
national environmental policy foundation
For payment by the Secretary of the Treasury to the Morris K. Udall
Scholarship and Excellence in National Environmental Trust Fund, to be
available for purposes as authorized by the Morris K. Udall Scholarship
and Excellence in National Environmental and Native American Public
Policy Act of 1992 (Public Law 102-259), $10,000,000, to remain
available until expended.
(68)Page 49, line 2, strike out [$194,638,000] and insert:
$200,238,000, of which $5,250,000 for allocations and grants for
historical publications and records as authorized by 44 U.S.C. 2504, as
amended, shall remain available until expended
(69)Page 49, line 16, strike out all after ``403(2)'' down to and
including ``canceled'' in line 18
(70)Page 49, strike out lines 19 to 25
(71)Page 50, strike out lines 1 to 6
(72)Page 51, line 10, strike out all after ``amended;'' down to and
including ``$93,934,000'' in line 11 and insert: $111,778,000, of which
not to exceed $1,000,000 shall be made available for the establishment
of health promotion and disease prevention programs for Federal
employees, and in addition $92,504,000
(73)Page 56, line 1, strike out [$33,650,000] and insert: $34,427,000
(74)Page 60, line 25, strike out [1994] and insert: 1995
(75)Page 62, strike out lines 4 to 7
(76)Page 65, strike out lines 10 to 13
(77)Page 65, strike out all after line 13 over to and including line 2
on page 66
(78)Page 66, after line 2 insert:
Sec. 526. 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
appropriations without the advance approval of the House and Senate
Committees on Appropriations: Provided, That this section shall not
apply to travel performed by uncompensated officials of local boards
and appeal boards in the Selective Service System; to travel performed
directly in connection with care and treatment of medical beneficiaries
of the Department of Veterans Affairs; to travel of the Office of
Personnel Management in carrying out its observation responsibilities
of the Voting Rights Act; or to payments to interagency motor pools
separately set forth in the budget schedules.
(79)Page 66, after line 2 insert:
SEC. 527. LAW ENFORCEMENT EXCLUSION FROM WORKFORCE RESTRUCTURING.
(a) During the five-year period beginning on October 1, 1994, no
reductions pursuant to Section 5(b) of the Federal Workforce
Restructuring Act of 1994 (Public Law 103-226) may be made in the
number of full-time equivalent employees classified as law enforcement
and law enforcement support personnel in the Department of the
Treasury.
(b) During the period specified in subsection (a), no law,
regulation, Executive Order, guidance, or other directive imposing a
restriction on hiring by executive agencies for the purpose of
achieving workforce reductions shall apply to employees classified as
law enforcement and law enforcement support personnel in the Department
of the Treasury.
(c) Section 5(f) Paragraph (3) of the Federal Workforce
Restructuring Act shall not apply with respect to any instances of
voluntary separation incentive payments made to Treasury law
enforcement personnel.
(80)Page 66, after line 2 insert:
Sec. 528. (a) Section 3056 paragraph(a), subparagraph (3) of Title
18, United States Code is amended by adding to subparagraph (3)
following the word ``remarriage'', ``Unless the former President did
not serve as President prior to January 1, 1997, in which case, former
Presidents and their spouses for a period of not more than ten years
from the date a former President leaves office, except that--
(1) protection of a spouse shall terminate in the event of
remarriage or the divorce from, or death of a former President;
and
(2) should the death of a President occur while in office
or within one year after leaving office, the spouse shall
receive protection for one year from the time of such death:
Provided, That the Secretary of the Treasury shall have the authority
to direct the Secret Service to provide temporary protection for any of
these individuals at any time if the Secretary of Treasury or designee
determines that information or conditions warrant such protection''.
(b) Section 3056, paragraph (a) subparagraph (4) of title 18,
United States Code is amended by inserting to the text of paragraph
(4), following the word ``age'' the following, ``for a period not to
exceed ten years or upon the child becoming 16 years of age, which ever
comes first''.
(81)Page 66, after line 2 insert:
Sec. 529. The Act entitled ``an Act to provide retirement, clerical
assistants, and free mailing privileges to former Presidents of the
United States, and for other purposes'', approved August 25, 1958.
(Public Law 85-745; 72 State 838; 3 United States Code 102 note) is
amended by adding at the end thereof the following new subsection:
``(g) There are authorized to be appropriated to the Administrator
of General Services up to $1,000,000 for each former President and up
to $500,000 for the spouse of each former President each fiscal year
for security and travel related expenses: Provided, That under the
provisions set forth in Section 3056, paragraph (a), subparagraph (3)
of Title 18, United States Code, the former President and/or spouse was
not receiving protection for a lifetime provided by the United States
Secret Service under Section 3056 paragraph (a) subparagraph (3) of
Title 18, United States Code; the protection provided by the United
States Secret Service expired at its designated time; or the protection
provided by the United States Secret Service was declined prior to
authorized expiration in lieu of these funds.''
(82)Page 66, after line 2 insert:
SEC. 530. CONTINUATION OF ALLOWANCE RATES FOR FEDERAL EMPLOYEES
STATIONED OUTSIDE THE CONTINENTAL UNITED STATES OR IN
ALASKA.
The allowances provided to employees at rates set under section
5941 of title 5, United States Code, and Executive Order Numbered 10000
as in effect on the date of the enactment of this Act may not be
reduced during the period beginning on the date of the enactment of
this Act through December 31, 1996: Provided, That no later than March
1, 1996, the Office of Personnel Management shall conduct a study and
submit a report to the Congress proposing appropriate changes in the
method of fixing compensation for affected employees, including any
necessary legislative changes. Such study shall include--
(1) an examination of the pay practices of other employers
in the affected areas;
(2) a consideration of alternative approaches to dealing
with the unusual and unique circumstances of the affected
areas, including modifications to the current methodology for
calculating allowances to take into account all costs of living
in the geographic areas of the affected employees; and
(3) an evaluation of the likely impact of the different
approaches on the Government's ability to recruit and retain a
well-qualified workforce.
For the purpose of conducting such study and preparing such report, the
Office may accept and utilize funds made available to the Office
pursuant to court approval.
(83)Page 70, after line 25 insert:
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
(84)Page 74, strike out all after line 21 over to and including line
18 on page 77 and insert:
Sec. 617. (a)(1) Notwithstanding any other provision of law, no
part of any of the funds appropriated for the fiscal year ending on
September 30, 1995, by this or any other Act, may be used to pay any
prevailing rate employee described in section 5342(a)(2)(A) of title 5,
United States Code--
(A) during that portion of fiscal year 1995 which precedes
the normal effective date of the applicable wage survey
adjustment, in an amount that exceeds the rate payable for the
applicable grade and step of the applicable wage schedule in
accordance with section 615 of the Treasury, Postal Service,
and General Government Appropriations Act, 1994, on the last
day of the limitation imposed by such section 615; and
(B) during the period from the normal effective date of the
applicable wage survey adjustment until the end of fiscal year
1995, in an amount that exceeds the maximum rate allowable
under subparagraph (A) by more than the amount determined under
paragraph (2).
(2)(A) If, during fiscal year 1995, employees under the General
Schedule receive an increase in the amount of locality-based
comparability payments under section 5304 of title 5, United States
Code, but do not receive a pay adjustment under section 5303 of such
title, the applicable amount under this paragraph shall be equal to the
difference, if any, between the overall percentage of the locality-
based comparability payments taking effect in fiscal year 1995 under
that section (whether by adjustment or otherwise), and the overall
percentage of such payments which was effective in fiscal year 1994
under such section.
(B) If, during fiscal year 1995, employees under the General
Schedule receive a pay adjustment under section 5303 of title 5, United
States Code, and an increase in the amount of locality-based
comparability payments under section 5304 of such title, the applicable
amount under this paragraph shall be equal to--
(i) the amount determined under subparagraph (A); and
(ii) the amount resulting from an increase of an equal
percentage to the increase under such section 5303.
(C) If, during fiscal year 1995, employees under the General
Schedule receive a pay adjustment under section 5303 of title 5, United
States Code, but do not receive an increase in the amount of locality-
based comparability payments under section 5304 of such title, the
applicable amount shall be equal to the amount resulting from an
increase of an equal percentage to the increase under such section
5303.
(D) The applicable amount under this paragraph shall be zero if
neither subparagraph (A), subparagraph (B), nor subparagraph (C)
applies.
(3) The Office of Personnel Management shall discuss with and
consider the views of the Federal Prevailing Rate Advisory Committee in
carrying out the Offices's responsibilities with respect to this
paragraph.
(b) Notwithstanding any other provision of law, no prevailing rate
employee described in subparagraph (B) or (C) of section 5342(a)(2) of
title 5, United States Code, and no employee covered by section 5348 of
such title, may be paid during the periods for which subsection (e) is
in effect at a rate that exceeds the rates that would be payable under
subsection (a) were subsection (a) applicable to such employee.
(c) For the purposes of this section, the rates payable to an
employee who is covered by this section and who is paid from a schedule
that was not in existence on September 30, 1994, 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, 1994, except to the extent determined
by the Office of Personnel Management to be consistent with the purpose
of this section.
(e) The provisions of this section shall apply with respect to pay
for services performed by any affected employee on or after October 1,
1994.
(f) For the purpose of administering any provision of law
(including section 5342(a)(2) of title 5, United States Code, and any
rule or regulation, that provides premium pay, retirement, life
insurance, or any other employee benefit) that requires any deduction
or contribution, or that imposes any requirement or limitation, on the
basis of a rate of salary or basic pay, the rate of salary or basic pay
payable after the application of this section shall be treated as the
rate of salary or basic pay.
(g) Nothing in this section shall be considered to permit or
require the payment in any employee covered by this section at a rate
in excess of the rate that would be payable were this section not in
effect.
(h) The Office of Personnel Management may provide for exceptions
to the limitations imposed by this section if the Office determines
that such exceptions are necessary to ensure the recruitment and
retention of qualified employees.
(i) The Office of Personnel Management may prescribe any
regulations which may be necessary to carry out this section.
(85)Page 81, strike out all after line 12 over to and including line
12 on page 82
(86)Page 85, after line 23 insert:
Sec. 628A. (a) Beginning in fiscal year 1995 and thereafter, for
each Federal agency, except the Department of Defense, and except as
provided in Public Law 102-393, Title IV, section 13 (40 U.S.C. sec
490g) with respect to the Fund established pursuant to 40 U.S.C. 490(f)
an amount equal to 50 percent of--
(1) the amount of each utility rebate received by the
agency for energy efficiency and water conservation measures,
which the agency has implemented; and
(2) the amount of the agency's share of the measured energy
savings resulting from energy savings performance contracts
may be retained and credited to accounts that fund energy and water
conservation activities at the agency's facilities, and shall remain
available until expended for additional specific energy efficiency or
water conservation projects or activities, including improvements and
retrofits, facility surveys, additional or improved utility metering,
and employee training and awareness programs, as authorized by section
152(f) of the Energy Policy Act (Public Law 102-486).
(b) The remaining 50 percent of each rebate, and the amount of the
agency's share of savings from energy savings performance contracts
shall be transferred to the General Fund of the Treasury at the end of
the fiscal year in which received.
(87)Page 88, strike out all after line 10 over to and including line 7
on page 89
(88)Page 89, strike out all after line 7 over to and including line 7
on page 90
(89)Page 90, line 10, strike out [in] and insert: on
(90)Page 90, line 15, after ``(SF-86)'' insert: or equivalent form
(91)Page 90, line 16, after ``not,'' insert: within
(92)Page 90, line 21, strike out [White House] and insert: access
(93)Page 90, after line 24 insert:
SEC. 633. SPECIAL PAY ADJUSTMENTS FOR CERTAIN MEMBERS OF THE SECRET
SERVICE.
Any pay adjustment under section 5305 of title 5, United States
Code, to an individual who is employed as a law enforcement officer by
the United States Secret Service Uniformed Division shall be considered
to be a permanent part of basic pay for all purposes, including the
computation of locality-based comparability payments under section 5304
of such title and making special pay adjustments for law enforcement
officers in selected cities under section 404 of the Federal Law
Enforcement Pay Reform Act of 1990 (5 U.S.C. 5305 note; Public Law 101-
509; 104 Stat. 1467).
(94)Page 90, after line 24 insert:
SEC. 634. LAW ENFORCEMENT OFFICERS AVAILABILITY PAY.
(a) Short Title.--This section may be cited as the ``Law
Enforcement Officers Availability Pay Act of 1994''.
(b) Law Enforcement Availability Pay.--
(1) In general.--Chapter 55 of title 5, United States Code,
is amended by inserting after section 5545 the following new
section:
``Sec. 5545a. Law enforcement availability pay
``(a) For purposes of this section--
``(1) the term `available' refers to the availability of a
law enforcement officer and means that an officer shall be
considered generally and reasonably accessible by the agency
employing such officer to perform duties based on the needs of
an agency;
``(2) the term `law enforcement officer' means a law
enforcement officer as defined under section 5541(3) (other
than a special agent in the Diplomatic Security Service) who is
required to--
``(A) possess a knowledge of investigative
techniques, laws of evidence, rules of criminal
procedure, and precedent court decisions concerning
admissibility of evidence, constitutional rights,
search and seizure, and related issues;
``(B) recognize, develop, and present evidence that
reconstructs events sequences and time elements for
presentation in various legal hearings and court
proceedings;
``(C) demonstrate skills in applying surveillance
techniques, undercover work, and advising and assisting
the United States Attorney in and out of court;
``(D) demonstrate the ability to apply the full
range of knowledge, skills, and abilities necessary for
cases which are complex and unfold over a long period
of time (as distinguished from certain other
occupations that require the use of some investigative
techniques in short-term situations that may end in
arrest or detention);
``(E) possess knowledge of criminal laws and
Federal rules of procedure which apply to cases
involving crimes against the United States, including--
``(i) knowledge of the elements of a crime;
``(ii) evidence required to prove the
crime;
``(iii) decisions involving arrest
authority;
``(iv) methods of criminal operations; and
``(v) availability of detection devices;
and
``(F) possess the ability to follow leads that
indicate a crime will be committed rather than initiate
an investigation after a crime is committed;
``(3) the term `unscheduled duty hours' means duty hours a
law enforcement officer works, or is determined to be available
for work, that are not--
``(A) hours that are part of the 40 hours in an
administrative work week of the officer; or
``(B) overtime hours paid under section 5542; and
``(4) the term `work day' means each day in the officer's
administrative work week during which the officer works at
least 4 hours that are not overtime hours paid under section
5542 or hours considered part of section 5545(a).
``(b) The purpose of this section is to provide premium pay to law
enforcement officers to ensure the availability of law enforcement
officers for unscheduled duty in excess of a 40-hour work week based on
the needs of the employing agency.
``(c) Each law enforcement officer shall be paid law enforcement
availability pay as provided under this section. Availability pay shall
be paid to ensure the availability of the officer for all hours of duty
in excess of a 40-hour work week, except for regularly scheduled
overtime as computed under section 5542, night duty, Sunday duty, and
holiday duty. The officer is generally responsible for recognizing,
without supervision, circumstances which require the officer to be on
duty or be available for duty for more than 40 hours in each work week
agency based on the needs of the agency. Availability pay provided to a
law enforcement officer for such unscheduled duty shall be instead of
premium pay provided by other provisions of this subchapter.
``(d)(1) A law enforcement officer shall be paid availability pay,
if the average of hours described under paragraph (2) (A) and (B) is
equal to or greater than 2 hours.
``(2) The hours referred to under paragraph (1) are--
``(A) the annual average of unscheduled hours worked by the
officer in excess of each regular 8-hour work day; and
``(B) the annual average of unscheduled hours such officer
is available to work in excess of each regular 8-hour work day
upon the request of the employing agency.
``(3) Unscheduled duty hours as described under this subsection,
which are worked by an officer on days that are not regular work days
shall be considered in the calculation of the annual average of
unscheduled duty hours worked or available for purposes of
certification.
``(4) An officer shall be considered to be available when the
officer cannot be reasonably and generally accessible due to a status
or assignment which is the result of an agency direction, order, or
approval as provided under subsection (f)(1).
``(e)(1) Each officer receiving availability pay under this section
and the appropriate supervisory officer, to be designated by the head
of the agency, shall make an annual certification to the head of the
agency that the officer has met the requirements of subsection (d). The
head of a law enforcement agency may prescribe regulations necessary to
administer this subsection.
``(2) Involuntary reduction in pay resulting from a denial of
certification under paragraph (1) shall be a reduction in pay for
purposes of section 7512(4) of this title.
``(f)(1) A law enforcement officer who is eligible for availability
pay shall receive such pay during any period such officer is--
``(A) attending agency sanctioned training;
``(B) on agency approved sick leave or annual leave;
``(C) on agency ordered travel status;
``(D) on agency approved relocation status; or
``(E) on relocation leave.
``(2) Agencies or departments may provide availability pay to
officers during training which is considered initial, basic training
usually provided in the first year of service or when on administrative
leave with pay.
``(g) Section 5545(c) shall not apply to any law enforcement
officer who is paid availability pay.
``(h) Availability pay under this section shall be--
``(1) 25 percent of the rate of basic pay on an annual
basis for the position; and
``(2) treated as part of basic pay for purposes of--
``(A) sections 5595(c), 8114(e), 8331(3), 8431, and
8704(c); and
``(B) such other purposes as may be expressly
provided for by law or as the Office of Personnel
Management may by regulation prescribe.''.
(2) Limitation on premium pay.--Section 5547(a) of title 5,
United States Code, is amended in the first sentence by
inserting ``5545a,'' after ``5545 (a), (b), and (c),''.
(3) Technical and conforming amendment.--The table of
sections for chapter 55 of title 5, United States Code, is
amended by inserting after the item relating to section 5545
the following new item:
``5545a. Law enforcement availability pay.''.
(c) Computation of Overtime Rates.--Section 5542 of title 5, United
States Code, is amended--
(1) in subsection (a) in the first sentence by inserting
``(or in excess of 10 hours a day as provided under subsection
(d))'' after ``excess of 8 hours a day''; and
(2) by adding at the end thereof the following new
subsection:
``(d)(1) In the case of any law enforcement officer who is paid
availability pay under section 5545a, overtime pay shall be paid as
computed under subsection (a) and in accordance with paragraph (4). All
other overtime work by a law enforcement officer shall be compensated
under section 5545a.
``(2) In any work week in which a law enforcement officer who is
paid availability pay under section 5545a works a 40-hour regular work
week, the officer shall be paid scheduled overtime pay for each hour
such officer is scheduled to work--
``(A) on a regularly scheduled work day in excess of 10
hours; and
``(B) on a day on which such officer was scheduled not to
work and which is not part of the officer's basic 40-hour work
week.''.
(d) Exemptions From Certain Fair Labor Standards.--Section 13 of
the Fair Labor Standards Act of 1938 (29 U.S.C. 213) is amended--
(1) in subsection (a)--
(A) in paragraph (15) by striking out the period
and inserting in lieu thereof a semicolon and ``or'';
and
(B) by adding at the end thereof the following new
paragraph:
``(16) a law enforcement officer as defined under section
5545a(a) of title 5, United States Code.''; and
(2) in subsection (b)--
(A) in paragraph (28) by striking out ``or'' after
the semicolon;
(B) in paragraph (29) by striking out the period
and inserting in lieu thereof a semicolon and ``or'';
and
(C) by adding at the end thereof the following new
paragraph:
``(30) a law enforcement officer as defined under section
5545a(a) of title 5, United States Code.''.
(e) Effective Date.--The provisions of this section and the
amendments made by this section shall take effect on the first day of
the first applicable pay period beginning on or after October 1, 1994.
(95)Page 90, after line 24 insert:
Sec. 635. (a) Beginning in fiscal year 1995 and thereafter, for
each Federal agency, except the Department of Defense, and except as
provided in Public Law 102-393, title IV, section 13 (40 U.S.C. 490g)
with respect to the Fund established pursuant to 40 U.S.C. 490(f) an
amount equal to 50 percent of--
(1) the amount of each utility rebate received by the
agency for energy efficiency and water conservation measures,
which the agency has implemented; and
(2) the amount of the agency's share of the measured energy
savings resulting from energy savings performance contracts
may be retained and credited to accounts that fund energy and water
conservation activities at the agency's facilities, and shall remain
available until expended for additional specific energy efficiency or
water conservation projects or activities, including improvements and
retrofits, facility surveys, additional or improved utility metering,
and employee training and awareness programs, as authorized by section
152(f) of the Energy Policy Act (Public Law 102-486).
(b) The remaining 50 percent of each rebate, and the amount of the
agency's share of savings from energy savings performance contracts
shall be transferred to the general fund of the treasury at the end of
the fiscal year in which received.
(96)Page 90, after line 24 insert:
Sec. 636. (a) Section 5704 of title 5, United States Code, is
amended to read as follows:
``(a)(1) Under regulations prescribed under section 5707 of this
title, an employee who is engaged on official business for the
Government is entitled to a rate per mile established by the
Administrator of General Services, instead of the actual expenses of
transportation, for the use of a privately owned automobile when that
mode of transportation is authorized or approved as more advantageous
to the Government. In any year in which the Internal Revenue Service
establishes a single standard mileage rate for optional use by
taxpayers in computing the deductible costs of operating their
automobiles for business purposes, the rate per mile established by the
Administrator shall not exceed the single standard mileage rate
established by the Internal Revenue Service.
``(2) Under regulations prescribed under section 5707 of this
title, an employee who is engaged on official business for the
Government is entitled to a rate per mile established by the
Administrator of General Services, instead of the actual expenses of
transportation, for the use of a privately owned airplane or a
privately owned motorcycle when that mode of transportation is
authorized or approved as more advantageous to the Government.
``(b) A determination that travel by a privately owned vehicle is
more advantageous to the Government is not required under subsection
(a) of this section when payment on a mileage basis is limited to the
cost of travel by common carrier including per diem.
``(c) Notwithstanding the provisions of subsections (a) and (b) of
this section, in any case in which an employee who is engaged on
official business for the Government chooses to use a privately owned
vehicle in lieu of a Government vehicle, payment on a mileage basis is
limited to the cost of travel by a Government vehicle.
``(d) In addition to the rate per mile authorized under subsection
(a) of this section, the employee may be reimbursed for--
``(1) parking fees;
``(2) ferry fees;
``(3) bridge, road, and tunnel costs; and
``(4) airplane landing and tie-down fees.''.
(b) Section 5707(b) of title 5, United States Code, is amended to
read as follows:
``(b) The Administrator of General Services shall prescribe the
mileage reimbursement rates for use on official business of privately
owned airplanes, privately owned automobiles, and privately owned
motorcycles while engaged on official business as provided for in
section 5704 of this title as follows:
``(1)(A) The Administrator of General Services, in
consultation with the Comptroller General of the United States,
the Secretary of Transportation, the Secretary of Defense, and
representatives of organizations of employees of the
Government, shall conduct periodic investigations of the cost
of travel and the operation of privately owned vehicles to
employees while engaged on official business, and shall report
the results of such investigations to Congress at least once a
year.
``(B) In conducting the periodic investigations, the
Administrator shall review and analyze among other factors--
``(i) depreciation of original vehicle cost;
``(ii) gasoline and oil (excluding taxes);
``(iii) maintenance, accessories, parts, and tires;
``(iv) insurance; and
``(v) State and Federal taxes.
``(2)(A) The Administrator shall issue regulations under
this section which--
``(i) shall prescribe a mileage reimbursement rate
which reflects the current costs as determined by the
Administrator of operating privately owned automobiles,
and which shall not exceed, as provided in section
5704(a)(1) of this title, the single standard mileage
rate established by the Internal Revenue Service, and
``(ii) shall prescribe mileage reimbursement rates
which reflect the current costs as determined by the
Administrator of operating privately owned airplanes
and motorcycles.
``(B) At least once each year after the issuance of the
regulations described in subparagraph (A) of this paragraph,
the Administrator shall determine, based upon the results of
the cost investigation, specific figures, each rounded to the
nearest half cent, of the average, actual cost per mile during
the period for the use of a privately owned airplane,
automobile, and motorcycle.
``(C) The Administrator shall report the specific figures
to Congress not later than five working days after the
Administrator makes the cost determination. Each such report
shall be printed in the Federal Register.
``(D) The mileage reimbursement rates contained in the
regulations prescribed under this section shall be adjusted
within thirty days following the submission of the report under
subparagraph (C) of this paragraph.''.
(c) Section 5707 of title 5, United States Code, is amended by
striking paragraph (c)(2), and redesignating (c)(1) as subsection (c).
(97)Page 90, after line 24 insert:
SEC. 637. SENSE OF THE SENATE REGARDING CANADA'S RESTRICTIONS ON
IMPORTS OF UNITED STATES CHICKENS.
(a) Findings.--The Senate makes the following findings:
(1) The United States chicken industry is a highly
competitive and growing industry which employs over 200,000
people, has over 25,000 family farms, and has significant
production in over 28 States.
(2) United States exports of chickens grew by 32 percent in
volume in 1993 and exports are increasingly important to the
continued economic vitality of the chicken industry.
(3) Canada's chicken supply management system has severely
limited the importation of United States chickens to Canada
since it was imposed over 15 years ago, and its elimination
would lead to between $350,000,000 and $700,000,000 in new
exports to Canada and between 7,000 and 14,000 new jobs in the
United States.
(4) Canada's chicken supply management system protects
Canadian chicken growers while seriously hurting both United
States and Canadian food processors, retailers, and consumers.
(5) The United States and Canada have a free trade
agreement which calls for the elimination of all tariffs and
prohibits the imposition of new tariffs on any goods traded
bilaterally.
(6) The goals of the Uruguay Round Agreement on Agriculture
are to liberalize and expand trade in agriculture and to
eliminate distortions to such trade.
(7) Canada refused to negotiate the issue of elimination of
its severe trade restrictions on the importation of United
States chickens as part of the North American Free Trade
Agreement (hereafter referred to as ``NAFTA'') because the
issue was part of the global trade negotiations under the
Uruguay Round.
(8) The Uruguay Round has now concluded and the former and
current United States Trade Representative, as well as other
key cabinet-level officials, have stated that Canada will be in
violation of its NAFTA obligations if it does not eliminate its
newly imposed tariffs on chickens.
(9) The United States chicken industry has waited patiently
for access to Canadian markets, which would be the United
States largest export market for chickens if it were fully
open.
(10) NAFTA should lead to free and completely open trade
for the chicken industry between the United States and Canada,
as it will between the United States and Mexico.
(11) The United States and Canada are currently holding
discussions to resolve this and other bilateral agricultural
matters.
(b) Sense of the Senate.--It is the sense of the Senate that--
(1) the United States should reserve all current and future
rights to bring Canada into compliance with its tariff
obligations under NAFTA, including the use of bilateral or
multilateral dispute settlement proceedings; and
(2) any agreement that is negotiated between the United
States and Canada on chickens should lead to--
(A) substantial and immediate new market access
opportunities for United States chicken exports in
excess of the levels that have already been achieved;
and
(B) a commitment from Canada before the effective
date of the Uruguay Round Agreements which--
(i) establishes a timeframe for the
elimination of all of Canada's tariffs on
chickens; and
(ii) provides for growth in market access
levels for United States chicken exports to
Canada during the period such tariffs are being
phased out.
(98)Page 90, after line 24 insert:
Sec. 638. No part of any appropriation contained in this Act may be
used to pay for the expenses of travel of employees, including
employees of the Executive Office of the President, or other
individuals, not directly responsible for the discharge of the official
Governmental tasks and duties for which the travel is undertaken:
Provided, That this restriction shall not apply to the family of the
President, Members of Congress, Heads of State of a foreign country or
their designee(s), persons providing assistance to the President for
official purposes, or other individuals so designated by the President.
The name and expense of travel of anyone so designated by the President
shall be disclosed to the Congress.
(99)Page 90, after line 24 insert:
SEC. 639. CONGRESSIONAL AWARD PROGRAM MEDALS.
Section 3 of the Congressional Award Act (2 U.S.C. 802) is
amended--
(1) in subsection (a)--
(A) by striking ``gold, silver, and bronze''; and
(B) by striking the last sentence and inserting the
following: ``Each medal shall consist of gold-plate
over bronze, rhodium over bronze, or bronze and shall
be struck in accordance with subsection (f).''; and
(2) by adding at the end the following new subsection:
``(f) Congressional Award Program Medals.--
``(1) Design and striking.--The Secretary of the Treasury
shall strike the medals described in subsection (a) and awarded
by the Board under this Act. Subject to subsection (a), the
medals shall be of such quantity, design, and specifications as
the Secretary of the Treasury may determine, after consultation
with the Board.
``(2) National medals.--The medals struck pursuant to this
Act are national medals for purposes of chapter 51 of title 31,
United States Code.
``(3) Authorization of appropriations.--There are
authorized to be charged against the Numismatic Public
Enterprise Fund such amounts as may be necessary to pay for the
cost of the medals struck pursuant to this Act.''.
(100)Page 90, after line 24 insert:
Sec. 640. Notwithstanding any provision of law, the President, or
his designee, must certify to Congress, annually, that no person or
persons with direct or indirect responsibility for administering the
Executive Office of the President's Drug-Free Workplace Plan are
themselves subject to a program of individual random drug testing.
(101)Page 90, after line 24 insert:
Sec. 641. Section 3626, paragraph (j)(1), subparagraph (D), of
Title 39, United States Code is amended by--
(a) deleting the final ``.'' from (II) and adding ``;
and'';
(b) and adding ``(III) clause (i) shall not apply to space
advertising in mail matter that otherwise qualifies for rates
under former section 4452(b) or 4452(c) of this title, and
satisfies the content requirements established by the Postal
Service for periodical publications: Provided, That such
changes in law shall take effect if the Congress does not enact
legislation on this subject matter prior to October 1, 1995:
Provided further, That the Postal Service shall not implement
any rule or regulation to enforce section 3626(j)(1)(D)(i) of
title 39, United States Code, prior to September 30, 1995.''.
(102)Page 90, after line 24 insert:
Sec. 642. (a) The Office of Management and Budget shall report to
the Congress no later than October 1, 1994, for each agency for which
the budgetary resources available to the agency in fiscal year 1995
would be canceled in an appropriations Act to achieve savings in
procurement and procurement-related expenses, of the manner in which
these savings are to be achieved.
(b) Notwithstanding any other provision of law, each agency for
which the budgetary resources available to the agency in fiscal year
1995 would be canceled in an appropriations Act to achieve savings in
procurement and procurement-related expenses, such cancellation shall
occur on October 31, 1994, or 30 days after the Office of Management
and Budget submits the report required by subsection (a) of this
section, whichever date is earlier.
(103)Page 90, after line 24 insert:
Sec. 643. No part of any appropriation contained in this Act shall
be made available for leases, line-item construction, repairs, or
alterations projects in this Act that are subject to section 7(a) of
the Public Buildings Act of 1959 (40 U.S.C. 606(a)) unless the
Administrator of the General Services Administration certifies to the
Committee on Environment and Public Works of the Senate and the
Committee on Public Works of the House of Representatives that such
expenditures are prudent, reasonable, and necessary.
Attest:
Secretary.
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