[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2020 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
August 5 (legislative day, July 10), 1995.
Resolved, That the bill from the House of Representatives (H.R.
2020) 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, 1996, and for other purposes'', do pass with the
following
AMENDMENTS:
(1)Page 2, line 18, strike out [September 30, 1998, shall be
available] and insert: expended
(2)Page 2, line 25, strike out [$104,000,500] and insert:
$110,929,000, of which $5,000,000 shall be transferred to States
covered by the National Voter Registration Act of 1993, to be expended
by such States for costs associated with the implementation of the
National Voter Registration Act of 1993, with such funds disbursed to
such States on the basis of the number of registered voters in each
State on July 1, 1995, in relation to the number of registered voters
in all States on such date: Provided, That no further funds in addition
to the $5,000,000 so transferred, may be transferred by the Secretary
to the States for costs associated with the implementation of the
National Voter Registration Act of 1993, during fiscal year 1996
(3)Page 2, after line 25, insert:
treasury building and annex repair and restoration
For the repair, alteration, and improvement of the Treasury
Building and annex, $7,684,000, to remain available until expended.
(4)Page 3, line 10, strike out [$29,319,000] and insert: $30,067,000
(5)Page 3, after line 10, insert:
treasury forfeiture fund
For necessary expenses of the Treasury Forfeiture Fund, as
authorized by Public Law 102-393, not to exceed $15,000,000, to be
derived from deposits in the Fund.
(6)Page 3, line 15, strike out all after ``hicles;'' down to and
including ``regulation;'' in line 17
(7)Page 3, strike out all after line 18, over to and including
``contracts'' in line 5 on page 4 and insert: $22,198,000
(8)Page 5, line 16, strike out all after ``appropriation'' down to and
including ``so)'' in line 20
(9)Page 6, line 5, strike out all after ``year'' down to and including
``facilities'' in line 7
(10)Page 6, line 10, strike out [$36,070,000] and insert: $34,006,000
(11)Page 6, line 19, strike out [$8,163,000] and insert: $9,663,000
(12)Page 6, line 24, strike out [$181,837,000] and insert:
$186,070,000
(13)Page 6, lines 25 and 26, strike out [September 30, 1988] and
insert: expended
(14)Page 7, line 22, strike out [$391,035,000] and insert:
$377,971,000
(15)Page 8, line 20, strike out all after ``licensees'' over to and
including ``comment'' in line 3 on page 9
(16)Page 9, line 20, strike out [$1,392,429,000] and insert:
$1,387,153,000
(17)Page 10, line 6, strike out strike out all after ``year'' down to
and including ``border'' in line 10 and insert: : Provided further,
That $750,000 shall be available for additional part-time and temporary
positions in the Honolulu Customs District
(18)Page 11, line 7, strike out [$60,993,000] and insert: $68,543,000
which
(19)Page 11, lines 7 and 8, strike out [of which $5,644,000]
(20)Page 13, line 3, strike out [$1,682,742,000] and insert:
$1,767,309,000
(21)Page 13, line 19, strike out [$4,254,476,000] and insert:
$4,097,294,000
(22)Page 13, line 21, strike out all after ``search'' down to and
including ``Act'' in line 24
(23)Page 14, line 10, strike out [$1,571,616,000] and insert:
$1,442,605,000, of which no less than $670,000,000 shall be available
for tax systems modernization activities
(24)Page 14, line 12, strike out all after ``1998'' down to and
including ``Modernization'' in line 17 and insert: : Provided, That not
later than 60 days after the date of enactment of this Act the
Commissioner of the Internal Revenue Service shall provide to the
Committees on Appropriations of the House and the Senate a report that
(1) identifies, evaluates, and prioritizes all systems investments
planned for fiscal year 1996, using explicit decision criteria, and (2)
explains in detail and provides a completion schedule for all actions
being taken by the Internal Revenue Service to successfully mitigate
deficiencies recently identified by the General Accounting Office in
the Internal Revenue Service's business strategy, management and
technical infrastructure, and the management process in place to
implement its tax system modernization: Provided further, That not
later than 30 days after the submission of the Commissioner's report
the General Accounting Office shall provide the Committees on
Appropriations of the House and the Senate an independent assessment of
that report: Provided further, That none of the funds appropriated for
tax systems modernization, except those funds needed to operate and
maintain current systems, shall be available for obligation until
expressly approved by the Committees on Appropriations of the House and
the Senate
(25)Page 15, line 3, strike out all after ``Committees'' down to and
including ``1996'' in line 5
(26)Page 16, line 21, strike out [$542,461,000] and insert:
$534,502,000
(27)Page 17, strike out lines 1 to 10 and insert:
(a) As authorized by section 190001(e), $68,300,000, of which:
$17,500,000 shall be available to the United States Customs Service for
expenses associated with ``Operation Hardline''; of which $2,500,000
shall be available to the Financial Crimes Enforcement Network; of
which $24,700,000 shall be available to the Bureau of Alcohol, Tobacco
and Firearms, of which no less than $21,200,000 shall be available to
annualize the salaries and related costs for the fiscal year 1995
counter-terrorism initiative, and of which no less than $3,500,000
shall be available for administering the Gang Resistance Education and
Training program; of which $21,600,000 and up to an additional 150
full-time equivalent positions which shall be in addition to those
funded in the ``salaries and expenses'' account and which shall be
available to the United States Secret Service to support White House
security and anti-counterfeiting activities, and of which no less than
$1,600,000 shall be available for enhancing forensics technology to aid
missing and exploited children investigations; and of which $2,000,000
shall be available to the Federal Law Enforcement Training Center; and
(28)Page 17, line 11, strike out [$12,200,000] and insert: $7,200,000
(29)Page 18, strike out lines 15 to 23
(30)Page 19, after line 18 insert:
Sec. 107. 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 work force reductions required
under Executive order or other guidance to Executive branch agencies in
fiscal year 1996.
(31)Page 19, after line 18 insert:
Sec. 108. The Secretary of the Treasury is authorized in fiscal
year 1996 and hereafter, to use Treasury Department aircraft, with or
without reimbursement, to assist bureaus within the Department of the
Treasury or other Federal agencies, Departments or offices outside of
the Department of the Treasury to provide emergency law enforcement
support to protect human life, property, public health, or safety.
(32)Page 19, after line 18 insert:
Sec. 109. (a) Notwithstanding any other provision of law, of the
funds made available to the Department of the Treasury by this or any
other act for obligation at any time during the fiscal year ending
September 30, 1995 or the fiscal year ending September 30, 1996, not to
exceed $500,000 shall be available to the Secretary of the Treasury
during the fiscal year ending September 30, 1996 to reimburse the
District of Columbia Metropolitan Police Department for personnel costs
incurred by the Metropolitan Police Department between May 19, 1995 and
September 30, 1995 as a result of the closing to vehicular traffic of
Pennsylvania Avenue Northwest and other streets in vicinity of the
White House.
(b) The amount of reimbursement shall be determined by the
Secretary of the Treasury and shall be final and not subject to review
in any forum.
(33)Page 22, line 2, strike out [$39,459,000] and insert: $38,131,000
(34)Page 22, line 9, strike out [$7,522,000] and insert: $7,827,000
(35)Page 22, after line 10 insert:
white house repair and restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House, $2,200,000, to remain available until
expended for replacement of the White House roof, to be expended and
accounted for as provided by 3 U.S.C. 105, 109-110, 112-114.
(36)Page 23, line 5, strike out [$3,175,000] and insert: $3,280,000
(37)Page 23, after line 5 insert:
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), $3,439,000.
(38)Page 23, line 15, strike out [$6,459,000] and insert: $6,648,000
(39)Page 23, line 19, strike out [$25,736,000] and insert: $25,560,000
(40)Page 24, line 1, strike out all after ``3109;'' down to and
including ``Division,'' in line 22 and insert: $55,573,000
(41)Page 25, line 16, after ``Affairs'' insert: : Provided further,
That the Director of Office of Management and Budget shall submit to
the House and Senate Committees on Appropriations (1) an analysis for
the period of 30 fiscal years beginning with fiscal year 1996, of the
estimated levels of total budget outlays and total new budget
authority, the estimated revenues to be received, the estimated surplus
or deficit, if any, for each major Federal entitlement program for each
fiscal year in such period: Provided further, That no funds shall be
obligated for salaries and expenses after 60 days of the date of
enactment of this Act if the Director of the Office of Management and
Budget has not submitted such analysis to the House and Senate
Committees on Appropriations prior to such date
(42)Page 25, after line 16 insert:
Information Security Oversight Office
For necessary expenses of the Information Security Oversight
Office, $1,482,000.
(43)Page 25, strike out all after line 16 over to and including line
11 on page 26
(44)Page 26, after line 11 insert:
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to title I of Public Law 100-
690; not to exceed $8,000 for official reception and representation
expenses; $28,500,000, of which $20,500,000, to remain available until
expended, shall be available to the Counter-Drug Technology Assessment
Center for counternarcotics research and development projects and shall
be available for transfer to other Federal departments or agencies:
Provided, That the Office is authorized to accept, hold, administer,
and utilize gifts, both real and personal, for the purpose of aiding or
facilitating the work of the Office: Provided further, That not later
than 60 days after the date of enactment of this Act, the Director of
the Office of National Drug Control Policy shall report to the
Committees on the Judiciary of the Senate and the House of
Representatives on the results of an independent audit of the security
and travel expenses of the Office during the period beginning on
January 21, 1993, and ending on June 30, 1995: Provided further, That
the Director of the Office of National Drug Control Policy shall, at
the direction of the President, convene a Cabinet Council on Drug
Strategy Implementation to be chaired by the Director of the Office of
National Drug Control Policy: Provided further, That the Cabinet
Council on Drug Strategy Implementation shall include, but is not
limited to, the Attorney General, the Secretary of the Department of
the Treasury, the Secretary of the Department of Health and Human
Services, the Secretary of the Department of Defense, the Secretary of
the Department of Housing and Urban Development, the Secretary of the
Department of Education, the Secretary of the Department of State, and
the Secretary of the Department of Transportation: Provided further,
That the Cabinet Council on Drug Strategy Implementation shall convene
on no less than a quarterly basis and provide reports on no less than a
quarterly basis to the Appropriations Committees and the Judiciary
Committees of the House of Representatives and the Senate on the
progress of the implementation of the elements of the national drug
control strategy within the jurisdiction of each member of the Counsel,
including a particular emphasis on the implementation of strategies to
combat drug abuse among children: Provided further, That the Director
of the Office of National Drug Control Policy shall convene a
bipartisan conference composed of private sector representatives from
the following: Business leadership, educational and health care
professionals, Federal, State and local law enforcement, the judicial
community, drug treatment and intervention professionals, the media and
parents groups. Reporting requirements as set forth in the preceding
proviso shall also apply to this provision: Provided further, That the
funds appropriated for the necessary expenses of the Office of National
Drug Control Policy may not be obligated until the President reports to
the Appropriations Committees of the House of Representatives and the
Senate that the President has directed the Office of National Drug
Control Policy to convene the Cabinet Council on Drug Strategy
Implementation: Provided further, That, on a quarterly basis beginning
ninety days after enactment of this Act, the funds appropriated for the
necessary expenses of the Office of National Drug Control Policy may
not be obligated unless the Cabinet Council on Drug Strategy
Implementation has provided the quarterly reports specified herein to
the Appropriations Committees and the Judiciary Committees of the House
of Representatives and the Senate.
(45)Page 26, strike out all after line 16 over to and including line
13 on page 27
(46)Page 27, after line 13 insert:
Federal Drug Control Programs
high intensity drug trafficking areas program
For necessary expenses of the Office of National Drug Control
Policy's High Intensity Drug Trafficking Areas Program, $110,000,000
for drug control activities consistent with the approved strategy for
each of the designated High Intensity Drug Trafficking Areas, of which
no less than $55,000,000 shall be transferred to State and local
entities for drug control activities; and of which up to $55,000,000
may be transferred to Federal agencies and departments at a rate to be
determined by the Director: Provided, That the funds made available
under this head shall be obligated within 90 days of the date of
enactment of this Act.
(47)Page 27, after line 16 insert:
Advisory Commission on Intergovernmental Relations
salaries and expenses
For necessary expenses of the Advisory Commission on
Intergovernmental Relations to carry out the provisions of title III of
the Unfunded Mandates Reform Act of 1995 (Public Law 104-4), $334,000:
Provided, That upon the completion of the Final Report required by such
title, no further Federal funds shall be available for the Advisory
Commission on Intergovernmental Relations.
(48)Page 27, after line 16 insert:
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of the
United States, established under subchapter V of chapter 5 of title 5,
United States Code, including not to exceed $1,000 for official
reception and representation expenses, $1,800,000.
(49)Page 27, line 23, strike out [$1,682,000] and insert: $1,800,000
(50)Page 28, line 5, strike out all after ``ed;'' down to and
including ``tems,'' in line 7 and insert: $28,517,000
(51)Page 28, line 8, strike out all after ``expenses'' down to and
including ``system'' in line 13
(52)Page 28, line 23, strike out [$19,742,000] and insert: $21,398,000
(53)Page 29, after line 11 insert:
(including rescission)
(54)Page 29, line 12, strike out [The revenues and collections
deposited into] and insert: For additional expenses necessary to carry
out the purpose of
(55)Page 29, line 15, after ``490(f)),'' insert: $86,000,000, to be
deposited into said Fund
(56)Page 30, line 13, strike out [$5,066,822,000] and insert:
$5,086,019,000
(57)Page 30, line 13, strike out [$367,777,000] and insert:
$573,872,000
(58)Page 30, strike out all after line 18 over to and including
``$12,740,000'' in line 21 on page 32 and insert:
New Construction:
Colorado:
Lakewood, Denver Federal Center, U.S. Geological
Survey Lab Building, $25,802,000
Florida:
Tallahassee, U.S. Courthouse Annex, $24,015,000
Georgia:
Savannah, U.S. Courthouse Annex, $2,597,000
Louisiana:
Lafayette, Federal Building and U.S. Courthouse,
$29,565,000
Maryland:
Montgomery and Prince Georges Counties, Food and
Drug Administration, $87,000,000
Nebraska:
Omaha, Federal Building and U.S. Courthouse,
$53,424,000
New Mexico:
Albuquerque, Federal Building and U.S. Courthouse,
$6,126,000
New York:
Central Islip, Federal Building and U.S.
Courthouse, $189,102,000
North Dakota:
Pembina, Border Station, $11,113,000
Pennsylvania:
Scranton, Federal Building and U.S. Courthouse
Annex, $24,095,000
South Carolina:
Columbia, U.S. Courthouse Annex, $3,562,000
Texas:
Austin, Veterans Affairs Annex, $7,940,000
Brownsville, Federal Building and U.S. Courthouse,
$27,452,000
Washington:
Point Roberts, U.S. Border Station, $3,516,000
Seattle, U.S. Courthouse, $8,305,000
West Virginia:
Martinsburg, Internal Revenue Service Computer
Center, $63,408,000
Non-prospectus Projects Program, $6,850,000
(59)Page 33, line 2, strike out all after ``amount'' down to and
including ``Maryland'' in line 13 and insert: : Provided further, That
of the funds made available for the District of Columbia, Southeast
Federal Center, under the heading, ``Real Property Activities, Federal
Buildings Fund, Limitations on Availability of Revenue'' in Public Law
101-509, $55,000,000 are rescinded: Provided further, That the
limitation on the availability of revenue contained in such Act is
reduced by $55,000,000
(60)Page 33, line 25, strike out [$713,086,000] and insert:
$627,000,000
(61)Page 34, line 2, after ``services'' insert: : Provided further,
That the amounts provided in this or any prior Act for Repairs and
Alterations may be used to fund costs associated with implementing
security improvements to buildings necessary to meet the minimum
standards for security in accordance with current law and in compliance
with the reprogramming guidelines of the appropriate Committees of the
House and Senate
(62)Page 34, strike out all after line 9 over to and including line 5
on page 36 and insert:
Repairs and Alterations:
Arkansas:
Little Rock, Federal Building, $7,551,000
California:
Sacramento, Federal Building (2800 Cottage Way),
$13,636,000
District of Columbia:
ICC/Connecting Wing Complex/Customs (phase 2/3),
$58,275,000
Illinois:
Chicago, Federal Center, $45,971,000
Maryland:
Woodlawn, SSA East High-Low Buildings, $17,422,000
North Dakota:
Bismarck, Federal Building, Post Office and U.S.
Courthouse, $7,119,000
Pennsylvania:
Philadelphia, Byrne-Green Complex, $30,909,000
Philadelphia, SSA Building, Mid-Atlantic Program
Service Center, $11,376,000
Puerto Rico:
Old San Juan, Post Office and U.S. Courthouse,
$25,701,000
Texas:
Dallas, Federal Building (Griffin St.), $5,641,000
Nationwide:
Chlorofluorocarbons Program, $43,533,000
Elevator Program, $13,109,000
Energy Program, $20,000,000
Advance Design, $22,000,000
(63)Page 36, line 6, strike out [$307,278,000] and insert:
$304,757,000
(64)Page 36, line 21, strike out all after ``date'' over to and
including ``Iowa'' in line 1 on page 37
(65)Page 37, line 9, strike out [$2,341,100,000] and insert:
$2,327,200,000
(66)Page 37, line 11, strike out [$1,389,463,000] and insert:
$1,302,551,000, of which not to exceed $1,000,000 shall be available
for logistical support and personnel services for the Xth Paralympiad
(67)Page 37, line 20, strike out all after ``prospectus'' over to and
including ``Project'' in line 12 on page 38
(68)Page 39, line 17, strike out [$5,066,822,000] and insert:
$5,086,019,000
(69)Page 39, strike out all after line 19 over to and including line
14 on page 40 and insert:
salaries and expenses, policy, leadership and operations
For expenses authorized by law, not otherwise provided for,
necessary for asset management activities; utilization of excess and
surplus personal property; transportation management activities;
procurement and supply management activities; Government-wide and
internal responsibilities relating to automated data management,
telecommunications, information resources management, and related
technology activities; utilization survey, deed compliance inspection,
appraisal, environmental and cultural analysis, and land use planning
functions pertaining to excess and surplus real property; agency-wide
policy direction; Board of Contract Appeals; accounting, records
management, and other support services incident to adjudication of
Indian Tribal Claims by the United States Court of Federal Claims;
services as authorized by 5 U.S.C. 3109; and not to exceed $5,000 for
official reception and representation expenses; $113,827,000.
(70)Page 40, line 18, strike out [$32,549,000] and insert: $34,000,000
(71)Page 42, line 5, after ``Administration,'' insert: the Judicial
Conference of the United States,
(72)Page 42, lines 6 and 7, strike out [Administrative Office of the
Courts] and insert: Judicial Conference of the United States
(73)Page 42, strike out lines 9 to 14
(74)Page 42, strike out all after line 14 over to and including line 6
on page 43
(75)Page 43, strike out lines 7 to 11
(76)Page 43, after line 11 insert:
Sec. 8. None of the funds appropriated by this Act may be obligated
or expended in any way for the purpose of the sale, excessing,
surplusing, or disposal of lands in the vicinity of Norfolk Lake,
Arkansas, administered by the Corps of Engineers, Department of the
Army, without the specific approval of the Congress.
(77)Page 43, after line 11 insert:
Sec. 9. None of the funds appropriated by this Act may be obligated
or expended in any way for the purpose of the sale, excessing,
surplusing, or disposal of lands in the vicinity of Bull Shoals Lake,
Arkansas, administered by the Corps of Engineers, Department of the
Army, without the specific approval of the Congress.
(78)Page 43, after line 11 insert:
Sec. 10. Section 17(c) of Public Law 101-136 is amended by--
(a) striking ``within 3 years of date of conveyance,'' and
inserting in lieu thereof, ``simultaneously''; and by striking
the remainder of the first sentence following, ``the islands of
Hawaii, Oahu, and Molokai'' and inserting a period immediately
thereafter; and
(b) in paragraph (2) by striking ``in the exchange
described in subsection (c)(1)'' and inserting, ``or
recreational'' immediately after the word, ``educational''.
(79)Page 44, line 1, strike out [$21,129,000] and insert: $24,549,000
(80)Page 44, line 12, strike out [$193,291,000] and insert:
$199,633,000, of which $4,500,000 shall be available until expended for
cataloging, archiving and digitizing activities
(81)Page 44, after line 16 insert:
archives facilities and presidential libraries
repairs and restoration
For the repair, alteration, and improvement of archives facilities
and presidential libraries, $1,500,000, to remain available until
expended.
(82)Page 44, line 22, strike out [$4,000,000] and insert: $5,000,000
(83)Page 45, line 11, strike out [$7,776,000] and insert: $8,328,000
(84)Page 46, line 1, strike out [$85,524,000] and insert: $93,106,000,
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
(85)Page 46, line 2, strike out [$102,536,000] and insert: $93,261,000
(86)Page 47, line 14, strike out all after ``Commission'' down to and
including ``1996'' in line 19
(87)Page 49, strike out lines 8 and 9 and insert:
General Provision--Office of Personnel Management
(88)Page 49, strike out all after line 9 over to and including line 8
on page 50
(89)Page 50, strike out lines 9 to 15
(90)Page 50, strike out lines 16 to 23
(91)Page 50, strike out all after line 23 over to and including the
text following line 15 on page 51
(92)Page 51, before line 16 insert:
Sec. 5. Section 1 under the subheading ``General Provision'' under
the heading ``Office of Personnel Management'' under title IV of the
Treasury, Postal Service and General Government Appropriations Act,
1992 (Public Law 102-141; 105 Stat. 861; 5 U.S.C. 5941 note), as
amended by section 532 of the Treasury, Postal Service and General
Government Appropriations Act, 1995 (Public Law 103-329; 108 Stat.
2413), is further amended by striking ``1996'' both places it appears
and inserting in lieu thereof ``1998''.
(93)Page 52, line 8, strike out [$32,899,000] and insert: $33,639,000
(94)Page 52, strike out lines 14 to 20
(95)Page 55, strike out all after line 22 over to and including line 4
on page 56
(96)Page 56, line 8, strike out [, the Federal Quality Institute,]
(97)Page 56, strike out lines 18 to 21
(98)Page 58, strike out all after line 20 over to and including line 5
on page 59
(99)Page 61, strike out lines 1 to 3
(100)Page 61, line 4, strike out all after ``522.'' down to and
including `` ``Fund'')'' in line 7 and insert: Subchapter III of
chapter 51 of subtitle IV of title 31, United States Code, is amended
by adding at the end thereof the following new section: ``sec. 5136
united states mint public enterprise fund.'' There shall be established
in the Treasury of the United States, a United States Mint Public
Enterprise Fund (the ``Fund'') for fiscal year 1996 and hereafter
(101)Page 61, line 25, after ``grams'' insert: previously provided for
by appropriation
(102)Page 62, line 3, strike out [and] and insert: : Provided further,
That
(103)Page 62, line 5, strike out [and] and insert: : Provided further,
That the Fund may
(104)Page 62, line 8, strike out [; and] and insert: : Provided
further, That the Secretary of the Treasury shall
(105)Page 63, line 15, strike out [means] and insert: includes
(106)Page 63, line 16, strike out all after ``coin,'' down to and
including ``including'' in line 17, and insert: numismatic collectible
other monetary issuances and
(107)Page 63, line 18, strike out [, or item] and insert: : Provided
further, That provisions of law governing procurement or public
contracts shall not be applicable to the procurement of goods or
services necessary for carrying out Mint programs and operations and
such programs and operations shall also be exempt from all government
personnel regulations, ceilings, and full-time equivalent controls
(108)Page 63, strike out all after line 21 over to and including line
5 on page 64
(109)Page 64, after line 5 insert:
Sec. 524. 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. 525. The provision of section 524 shall not apply where the
life of the mother would be endangered if the fetus were carried to
term, or that the pregnancy is the result of an act of rape or incest.
(110)Page 64, strike out lines 6 to 20
(111)Page 64, strike out all after line 20 over to and including line
13 on page 65
(112)Page 65, strike out lines 14 to 17
(113)Page 66, after line 7 insert:
Sec. 530. Section 4 of the Presidential Protection Assistance Act
of 1976, Public Law 94-524, is amended by striking ``$75,000'' and
inserting in lieu thereof ``$200,000''.
(114)Page 66, after line 7 insert:
Sec. 531. No part of any appropriation made available in this Act
shall be used to implement Bureau of Alcohol, Tobacco and Firearms
Ruling TD ATF-360; Re: Notice Nos. 782, 780, 91F009P.
(115)Page 66, after line 7 insert:
Sec. 532. Section 5542 of title 5, United States Code is amended by
adding the following new subsection at the end:
``(e) Notwithstanding subsection (d)(1) of this section, all hours
of overtime work scheduled in advance of the administrative workweek
shall be compensated under subsection (a) if that work involves duties
as authorized by section 3056(a) of title 18, United States Code and if
the investigator performs, on that same day, at least 2 hours of
overtime work not scheduled in advance of the administrative
workweek.''.
(116)Page 69, line 5, strike out [or]
(117)Page 78 strike out lines 5 to 21
(118)Page 80, after line 23 insert:
(c)(1) None of the funds appropriated by this or any other Act may
be obligated or expended by any Federal department, agency, or other
instrumentality to employ, on or after January 1, 1996, in excess of a
total of 2,000 employees in the Executive Branch who are (i) employed
in a position on the executive schedule under sections 5312 through
5316 of title 5, United States Code, (ii) a limited term appointee,
limited emergency appointee, or noncareer appointee in the senior
executive service as defined under section 3132(a) (5), (6), and (7) of
title 5, United States Code, respectively, or (iii) employed in a
position in the executive branch of the Government of a confidential or
policy-determining character under Schedule C of subpart C of part 213
of title 5 of the Code of Federal Regulations.
(2) Notwithstanding the provisions of subsection (c)(1) of this
section, any actions required by such section shall be consistent with
reduction in force procedures established under section 3502 of title
5, United States Code.
(119)Page 82, line 3, after ``authority),'' insert: 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),
(120)Page 83, strike out line 1 and all that follows over to and
including line 17 on page 84
(121)Page 84, strike out all after line 17 over to and including line
6 on page 85
(122)Page 85, strike out all after line 6 over to and including line 9
on page 86
(123)Page 86 strike out lines 10 to 17
(124)Page 86, after line 17 insert:
Sec. 631. (a) Notwithstanding the provisions of sections 112 and
113 of title 3, United States Code, each Executive agency detailing any
personnel shall submit 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
Department of State;
(6) any agency, office, or unit of the Army, Navy, Air
Force, Marine Corps, the Federal Bureau of Investigation and
the Drug Enforcement Administration of the Department of
Justice, the Department of the Treasury, the Department of
Transportation, 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 purpose 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
organizational unit of the Executive Office of the President.
(125)Page 86, after line 17 insert:
Sec. 632. No funds appropriated in this or any other Act for fiscal
year 1996 may be used to implement or enforce the agreements in
Standard Forms 312 and 4355 of the Government or any other
nondisclosure policy, form or agreement if such policy, form or
agreement does not contain the following provisions: ``These
restrictions are consistent with and do not supersede, conflict with or
otherwise alter the employee obligations, rights or liabilities created
by Executive Order 12356; section 7211 of title 5, United States Code
(governing disclosures to Congress); section 1034 of title 10, United
States Code, as amended by the Military Whistleblower Protection Act
(governing disclosure to Congress by members of the military); section
2302(b)(8) of title 5, United States Code, as amended by the
Whistleblower Protection Act (governing disclosures of illegality,
waste, fraud, abuse or public health or safety threats); the
Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.)
(governing disclosures that could expose confidential Government
agents), and the statutes which protect against disclosure that may
compromise the national security, including sections 641, 793, 794,
798, and 952 of title 18, United States Code, and section 4(b) of the
Subversive Activities Act of 1950 (50 U.S.C. section 783(b)). The
definitions, requirements, obligations, rights, sanctions and
liabilities created by said Executive Order and listed statutes are
incorporated into this agreement and are controlling'': Provided, That
notwithstanding the preceding paragraph, a nondisclosure policy form or
agreement that is to be executed by a person connected with the conduct
of an intelligence or intelligence-related activity, other than an
employee or officer of the United States Government, may contain
provisions appropriate to the particular activity for which such
document is to be used. Such form or agreement shall, at a minimum,
require that the person will not disclose any classified information
received in the course of such activity unless specifically authorized
to do so by the United States Government. Such nondisclosure forms must
also make it clear that they do not bar disclosures to Congress or to
an authorized official of an executive agency or the Department of
Justice that are essential to reporting a substantial violation of law.
(126)Page 86, after line 17 insert:
Sec. 633. (a) None of the funds appropriated by this or any other
Act may be expended by any Federal Agency to procure any product or
service that is subject to the provisions of Public Law 89-306 and that
will be available under the procurement by the Administrator of General
Services known as ``FTS2000'' unless--
(1) such product or service is procured by the
Administrator of General Services as part of the procurement
known as ``FTS2000''; or
(2) that agency establishes to the satisfaction of the
Administrator of General Services that--
(A) that agency's requirements for such procurement
are unique and cannot be satisfied by property and
service procured by the Administrator of General
Services as part of the procurement known as
``FTS2000''; and
(B) the agency procurement, pursuant to such
delegation, would be cost-effective and would not
adversely affect the cost-effectiveness of the FTS2000
procurement.
(b) After July 31, 1996, subsection (a) shall apply only if the
Administrator of General Services has reported that the FTS2000
procurement is producing prices that allow the Government to satisfy
its requirements for such procurement in the most cost-effective
manner.
(127)Page 86, after line 17 insert:
Sec. 634. (a) Section 4-607(18) of title 4 of the District of
Columbia Code, is amended by inserting ``the United States Secret
Service Uniformed Division, the United States Secret Service
Division,'' after ``average pay of a member who was an officer or
member of''.
(b) Section 4-622 of title 4 of the District of Columbia Code, is
amended--
(A) in subsection (b)(1)(A) by striking out ``Of the basis
upon which the annuity, relief, or retirement compensation
being received by such former member at the time of death was
computed'' and inserting in lieu thereof ``Of the adjusted
average pay of such former member'';
(B) in subsection (c)(1)(A)(ii), by striking out ``The
basis upon which the former member's annuity at the time of
death was computed'' and inserting in lieu thereof ``The
adjusted average pay of the former member''; and
(C) in subsection (c)(2)(B), by striking out the colon
after ``United States Secret Service Division'' through clause
(iii) and inserting in lieu thereof ``, 75 percent of the
adjusted average pay of the former member, divided by the
number of eligible children; or''.
(128)Page 86, after line 17 insert:
Sec. 635. (a) Section 5402 of title 39, United States Code, is
amended--
(1) in subsection (f) by striking out ``During the period
beginning January 1, 1995, and ending January 1, 1999, the''
and inserting in lieu thereof ``The''; and
(2) in subsection (g)(1) by amending subparagraph (D) to
read as follows:
``(D) have provided scheduled service within the
State of Alaska for at least 12 consecutive months with
aircraft--
``(i) under 7,500 pounds payload before
being selected as a carrier of nonpriority
bypass mail at an applicable intra-Alaska bush
service mail rate; and
``(ii) equal to or over 7,500 pounds before
being selected as a carrier of nonpriority
bypass mail at the intra-Alaska mainline
service mail rate.''.
(b)(1) Subject to paragraph (2), the amendment made by subsection
(a) shall be effective on and after August 1, 1995.
(2) Subparagraph (D) of section 5402(g)(1) title 39, United
States Code (as in effect before the amendment made under
subsection (a)) shall apply to a carrier, if such carrier--
(A) has an application pending before the
Department of Transportation for approval under section
41102 or 41110(e) of title 39, United States Code,
before August 1, 1995; and
(B) would meet the requirements of such
subparagraph if such application were approved and such
certificate were purchased.
(129)Page 86, after line 17 insert:
SEC. 636. LIMITATION ON USE OF FUNDS FOR THE PROVISION OF CERTAIN
FOREIGN ASSISTANCE.
(a) In General.--Notwithstanding any other provision of law, none
of the funds made available by this Act for the Department of the
Treasury shall be available for any activity or for paying the salary
of any Government 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 permit the Secretary of the
Treasury to make any loan or extension of credit under section 5302 of
title 31, United States Code, with respect to a single foreign entity
or government of a foreign country (including agencies or other
entities of that government)--
(1) unless the President first certifies to the Committee
on Banking, Housing, and Urban Affairs of the Senate and the
Committee on Banking and Financial Services of the House of
Representatives that--
(A) there is no projected cost (as that term is
defined in section 502 of the Federal Credit Reform Act
of 1990) to the United States from the proposed loan or
extension of credit; and
(B) any proposed obligation or expenditure of
United States funds to or on behalf of the foreign
government is adequately backed by an assured source of
repayment to ensure that all United States funds will
be repaid; and
(2) other than as provided by an Act of Congress, if that
loan or extension of credit would result in expenditures and
obligations, including contingent obligations, aggregating more
than $1,000,000,000 with respect to that foreign country for
more than 180 days during the 12-month period beginning on the
date on which the first such action is taken.
(b) Waiver of Limitations.--The President may exceed the dollar and
time limitations in subsection (a)(2) if he certifies in writing to the
Congress that a financial crisis in that foreign country poses a threat
to vital United States economic interests or to the stability of the
international financial system.
(c) Expedited Procdedures for a Resolution of Disapproval.--A
presidential certification pursuant to subsection (b) with respect to
exceeding dollar or time limitations in subsection (a)(2) shall be
considered as follows:
(1) Reference to committees.--All joint resolutions
introduced in the Senate to disapprove the certification shall
be referred to the Committee on Banking, Housing and Urban
Affairs, and in the House of Representatives, to the
appropriate committees.
(2) Discharge of committees.--(A) if the committee of
either House to which a resolution has been referred has not
reported it at the end of 30 days after its introduction, it is
in order to move either to discharge the committee from further
consideration of the joint resolution or to discharge the
committee from further consideration of any other resolution
introduced with respect to the same matter, except no motion to
discharge shall be in order after the committee has reported a
joint resolution with respect to the same matter.
(B) A motion to discharge may be made only by an individual
favoring the resolution, and is privileged in the Senate; and
debate thereon shall be limited to not more than 1 hour, the
time to be divided in the Senate equally between, and
controlled by, the majority leader and the minority leader or
their designees.
(3) Floor consideration in the senate.--(A) A motion in the
Senate to proceed to the consideration of a resolution shall be
privileged.
(B) Debate in the Senate on a resolution, and all debatable
motions and appeals in connection therewith, shall be limited
to not more than 4 hours, to be equally divided between, and
controlled by, the majority leader and the minority leader or
their designees.
(C) Debate in the Senate on any debatable motion or appeal
in connection with a resolution shall be limited to not more
than 20 minutes, to be equally divided between, and controlled
by, the mover and the manager of the resolution, except that in
the event the manager of the resolution is in favor of any such
motion or appeal, the time in opposition thereto, shall be
controlled by the minority leader or his designee. Such
leaders, or either of them, may, from time under their control
on the passage of a resolution, allot additional time to any
Senator during the consideration of any debatable motion or
appeal.
(D) A motion in the Senate to further limit debate on a
resolution, debatable motion, or appeal is not debatable. No
amendment to, or motion to recommit, a resolution is in order
in the Senate.
(4) In the case of a resolution, if prior to the passage by
one House of a resolution of that House, that House receives a
resolution with respect to the same matter from the other
House, then--
(A) the procedure in that House shall be the same
as if no resolution had been received from the other
House; but
(B) the vote on final passage shall be on the
resolution of the other House.
(5) For purposes of this subsection, the term ``joint
resolution'' means only a joint resolution of the 2 Houses of
Congress, the matter after the resolving clause of which is as
follows: ``That the Congress disapproves the action of the
President under section ________(b) of the Treasury and Post
Office Appropriations Act for Fiscal Year 1996, notice of which
was submitted to the Congress on ______________.'', with the
first blank space being filled with the appropriate section,
and the second blank space being filled with the appropriate
date.
(d) Applicability.--This section--
(1) shall not apply to any action taken as part of the
program of assistance to Mexico announced by the President on
January 31, 1995; and
(2) shall remain in effect through fiscal year 1996.
(130)Page 86, after line 17 insert:
Sec. 637. Notwithstanding any other provision of law, no adjustment
shall be made under section 601(a) of the Legislative Reorganization
Act of 1946 (2 U.S.C. 31) (relating to cost of living adjustments for
Members of Congress) during fiscal year 1996.
(131)Page 86, after line 17 insert:
Sec. 638. Notwithstanding any other provision of law, the United
States Customs Service shall transfer, without consideration, to the
National Warplane Museum in Geneseo, New York, 2 seized and forfeited
A-37 Dragonfly jets for display and museum purposes.
(132)Page 86, after line 17 insert:
SEC. 639. EXEMPT ORGANIZATIONS.
(a) In General.--An organization described in section 501(c)(4) of
the Internal Revenue Code of 1986 which engages in lobbying activities
shall not be eligible for the receipt of Federal funds constituting an
award, grant, or loan.
(b) Definitions.--For purposes of this section:
(1) Agency.--The term ``agency'' has the meaning given that
term in section 551(1) of title 5, United States Code.
(2) Client.--The term ``client'' means any person or entity
that employs or retains another person for financial or other
compensation to conduct lobbying activities on behalf of that
person or entity. A person or entity whose employees act as
lobbyists on its own behalf is both a client and an employer of
such employees. In the case of a coalition or association that
employs or retains other persons to conduct lobbying
activities, the client is the coalition or association and not
its individual members.
(3) Covered executive branch official.--The term ``covered
executive branch official'' means--
(A) the President;
(B) the Vice President;
(C) any officer or employee, or any other
individual functioning in the capacity of such an
officer or employee, in the Executive Office of the
President;
(D) any officer or employee serving in a position
in level I, II, III, IV, or V of the Executive
Schedule, as designated by statute or Executive order;
(E) any member of the uniformed services whose pay
grade is at or above O-7 under section 201 of title 37,
United States Code; and
(F) any officer or employee serving in a position
of a confidential, policy-determining, policy-making,
or policy-advocating character described in section
7511(b)(2) of title 5, United States Code.
(4) Covered legislative branch official.--The term
``covered legislative branch official'' means--
(A) a Member of Congress;
(B) an elected officer of either House of Congress;
(C) any employee of, or any other individual
functioning in the capacity of an employee of--
(i) a Member of Congress;
(ii) a committee of either House of
Congress;
(iii) the leadership staff of the House of
Representatives or the leadership staff of the
Senate;
(iv) a joint committee of Congress; and
(v) a working group or caucus organized to
provide legislative services or other
assistance to Members of Congress; and
(D) any other legislative branch employee serving
in a position described under section 109(13) of the
Ethics in Government Act of 1978 (5 U.S.C. App.).
(5) Employee.--The term ``employee'' means any individual
who is an officer, employee, partner, director, or proprietor
of a person or entity, but does not include--
(A) independent contractors; or
(B) volunteers who receive no financial or other
compensation from the person or entity for their
services.
(6) Foreign entity.--The term ``foreign entity'' means a
foreign principal (as defined in section 1(b) of the Foreign
Agents Registration Act of 1938 (22 U.S.C. 611(b)).
(7) Lobbying activities.--The term ``lobbying activities''
means lobbying contacts and efforts in support of such
contacts, including preparation and planning activities,
research and other background work that is intended, at the
time it is performed, for use in contacts, and coordination
with the lobbying activities of others.
(8) Lobbying contact.--
(A) Definition.--The term ``lobbying contact''
means any oral or written communication (including an
electronic communication) to a covered executive branch
official or a covered legislative branch official that
is made on behalf of a client with regard to--
(i) the formulation, modification, or
adoption of Federal legislation (including
legislative proposals);
(ii) the formulation, modification, or
adoption of a Federal rule, regulation,
Executive order, or any other program,
policy, or position of the United States Government;
(iii) the administration or execution of a
Federal program or policy (including the
negotiation, award, or administration of a
Federal contract, grant, loan, permit, or
license); or
(iv) the nomination or confirmation of a
person for a position subject to confirmation
by the Senate.
(B) Exceptions.--The term ``lobbying contact'' does
not include a communication that is--
(i) made by a public official acting in the
public official's official capacity;
(ii) made by a representative of a media
organization if the purpose of the
communication is gathering and disseminating
news and information to the public;
(iii) made in a speech, article,
publication or other material that is
distributed and made available to the public,
or through radio, television, cable television,
or other medium of mass communication;
(iv) made on behalf of a government of a
foreign country or a foreign political party
and disclosed under the Foreign Agents
Registration Act of 1938 (22 U.S.C. 611 et
seq.);
(v) a request for a meeting, a request for
the status of an action, or any other similar
administrative request, if the request does not
include an attempt to influence a covered
executive branch official or a covered
legislative branch official;
(vi) made in the course of participation in
an advisory committee subject to the Federal
Advisory Committee Act;
(vii) testimony given before a committee,
subcommittee, or task force of the Congress, or
submitted for inclusion in the public record of
a hearing conducted by such committee,
subcommittee, or task force;
(viii) information provided in writing in
response to an oral or written request by a
covered executive branch official or a covered
legislative branch official for specific
information;
(ix) required by subpoena, civil
investigative demand, or otherwise compelled by
statute, regulation, or other action of the
Congress or an agency;
(x) made in response to a notice in the
Federal Register, Commerce Business Daily, or
other similar publication soliciting
communications from the public and directed to
the agency official specifically designated in
the notice to receive such communications;
(xi) not possible to report without
disclosing information, the unauthorized
disclosure of which is prohibited by law;
(xii) made to an official in an agency with
regard to--
(I) a judicial proceeding or a
criminal or civil law enforcement
inquiry, investigation, or proceeding;
or
(II) a filing or proceeding that
the Government is specifically required
by statute or regulation to maintain or
conduct on a confidential basis,
if that agency is charged with responsibility
for such proceeding, inquiry, investigation, or
filing;
(xiii) made in compliance with written
agency procedures regarding an adjudication
conducted by the agency under section 554 of
title 5, United States Code, or substantially
similar provisions;
(xiv) a written comment filed in the course
of a public proceeding or any other
communication that is made on the record in a
public proceeding;
(xv) a petition for agency action made in
writing and required to be a matter of public
record pursuant to established agency
procedures;
(xvi) made on behalf of an individual with
regard to that individual's benefits,
employment, or other personal matters involving
only that individual, except that this clause
does not apply to any communication with--
(I) a covered executive branch
official, or
(II) a covered legislative branch
official (other than the individual's
elected Members of Congress or
employees who work under such Members'
direct supervision),
with respect to the formulation, modification,
or adoption of private legislation for the
relief of that individual;
(xvii) a disclosure by an individual that
is protected under the amendments made by the
Whistleblower Protection Act of 1989, under the
Inspector General Act of 1978, or under another
provision of law;
(xviii) made by--
(I) a church, its integrated
auxiliary, or a convention or
association of churches that is exempt
from filing a Federal income tax return
under paragraph 2(A)(i) of section
6033(a) of the Internal Revenue Code of
1986, or
(II) a religious order that is
exempt from filing a Federal income tax
return under paragraph (2)(A)(iii) of
such section 6033(a); and
(xix) between--
(I) officials of a self-regulatory
organization (as defined in section
3(a)(26) of the Securities Exchange
Act) that is registered with or
established by the Securities and
Exchange Commission as required by that
Act or a similar organization that is
designated by or registered with the
Commodities Future Trading Commission
as provided under the Commodity
Exchange Act; and
(II) the Securities and Exchange
Commission or the Commodities Future
Trading Commission, respectively;
relating to the regulatory responsibilities of
such organization under that Act.
(9) Lobbying firm.--The term ``lobbying firm'' means a
person or entity that has 1 or more employees who are lobbyists
on behalf of a client other than that person or entity. The
term also includes a self-employed individual who is a
lobbyist.
(10) Lobbyist.--The term ``lobbyist'' means any individual
who is employed or retained by a client for financial or other
compensation for services that include more than one lobbying
contact, other than an individual whose lobbying activities
constitute less than 20 percent of the time engaged in the
services provided by such individual to that client over a six
month period.
(11) Media organization.--The term ``media organization''
means a person or entity engaged in disseminating information
to the general public through a newspaper, magazine, other
publication, radio, television, cable television, or other
medium of mass communication.
(12) Member of congress.--The term ``Member of Congress''
means a Senator or a Representative in, or Delegate or Resident
Commissioner to, the Congress.
(13) Organization.--The term ``organization'' means a
person or entity other than an individual.
(14) Person or entity.--The term ``person or entity'' means
any individual, corporation, company, foundation, association,
labor organization, firm, partnership, society, joint stock
company, group of organizations, or State or local government.
(15) Public official.--The term ``public official'' means
any elected official, appointed official, or employee of--
(A) a Federal, State, or local unit of government
in the United States other than--
(i) a college or university;
(ii) a government-sponsored enterprise (as
defined in section 3(8) of the Congressional
Budget and Impoundment Control Act of 1974);
(iii) a public utility that provides gas,
electricity, water, or communications;
(iv) a guaranty agency (as defined in
section 435(j) of the Higher Education Act of
1965 (20 U.S.C. 1085(j))), including any
affiliate of such an agency; or
(v) an agency of any State functioning as a
student loan secondary market pursuant to
section 435(d)(1)(F) of the Higher Education
Act of 1965 (20 U.S.C. 1085(d)(1)(F));
(B) a Government corporation (as defined in section
9101 of title 31, United States Code);
(C) an organization of State or local elected or
appointed officials other than officials of an entity
described in clause (i), (ii), (iii), (iv), or (v) of
subparagraph (A);
(D) an Indian tribe (as defined in section 4(e) of
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450b(e));
(E) a national or State political party or any
organizational unit thereof; or
(F) a national, regional, or local unit of any
foreign government.
(16) State.--The term ``State'' means each of the several
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
(c) Construction and Effect.--Nothing in this section shall be
construed to affect the application of the Internal Revenue laws of the
United States.
(d) Exceptions.--This section shall not apply to organizations
described in section 501(c)(4) of the Internal Revenue Code with gross
annual revenues of less than $10,000,000, including the amounts of
Federal funds received as grants, awards, or loans.
(e) Effective Date.--This section shall become effective on January
1, 1997.
(133)Page 86, after line 17 insert:
Sec. 640. (a) This section may be cited as the ``Prohibition of
Cigarette Sales to Minors in Federal Buildings and Lands Act''.
(b) The Congress finds that--
(1) cigarette smoking and the use of smokeless tobacco
products continue to represent major health hazards to the
Nation, causing more than 420,000 deaths each year;
(2) cigarette smoking continues to be the single most
preventable cause of death and disability in the United States;
(3) tobacco products contain hazardous additives, gases,
and other chemical constituents dangerous to health;
(4) the use of tobacco products costs the United States
more than $50,000,000,000 in direct health care costs, with
more than $21,000,000,000 of these costs being paid by
government funds;
(5) tobacco products contain nicotine, a poisonous,
addictive drug;
(6) all States prohibit the sale of tobacco products to
minors, but enforcement has been ineffective or nonexistent and
tobacco products remain one of the least regulated consumer
products in the United States;
(7) over the past decade, little or no progress has been
made in reducing tobacco use among teenagers and recently,
teenage smoking rates appear to be rising;
(8) more than two-thirds of smokers smoke their first
cigarette before the age of 14, and 90 percent of adult smokers
did so by age 18;
(9) 516,000,000 packs of cigarettes are consumed by minors
annually, at least half of which are illegally sold to minors;
(10) reliable studies indicate that tobacco use is a
gateway to illicit drug use; and
(11) the Federal Government has a major policy setting role
in ensuring that the use of tobacco products among minors is
discouraged to the maximum extent possible.
(c) As used in this section--
(1) the term ``Federal agency'' means--
(A) an Executive agency as defined in section 105
of title 5, United States Code; and
(B) each entity specified in subparagraphs (B)
through (H) of section 5721(1) of title 5, United
States Code;
(2) the term ``Federal building'' means--
(A) any building or other structure owned in whole
or in part by the United States or any Federal agency,
including any such structure occupied by a Federal
agency under a lease agreement; and
(B) includes the real property on which such
building is located;
(3) the term ``minor'' means an individual under the age of
18 years; and
(4) the term ``tobacco product'' means cigarettes, cigars,
little cigars, pipe tobacco, smokeless tobacco, snuff, and
chewing tobacco.
(d)(1) No later than 45 days after the date of the enactment of
this Act, the Administrator of General Services and the head of each
Federal agency shall promulgate regulations that prohibit--
(A) the sale of tobacco products in vending machines
located in or around any Federal building under the
jurisdiction of the Administrator or such agency head; and
(B) the distribution of free samples of tobacco products in
or around any Federal building under the jurisdiction of the
Administrator or such agency head.
(2) The Administrator of General Services or the head of an agency,
as appropriate, may designate areas not subject to the provisions of
paragraph (1), if such area also prohibits the presence of minors.
(3) The provisions of this subsection shall be carried out--
(A) by the Administrator of General Services for any
Federal building which is maintained, leased, or has title of
ownership vested in the General Services Administration; or
(B) by the head of a Federal agency for any Federal
building which is maintained, leased, or has title of ownership
vested in such agency.
(e) No later than 90 days after the date of enactment of this Act,
the Administrator of General Services and each head of an agency shall
prepare and submit, to the appropriate committees of Congress, a report
that shall contain--
(1) verification that the Administrator or such head of an
agency is in compliance with this section; and
(2) a detailed list of the location of all tobacco product
vending machines located in Federal buildings under the
administration of the Administrator or such head of an agency.
(f)(1) No later than 45 days after the date of the enactment of
this Act, the Senate Committee on Rules and Administration and the
House of Representatives Committee on House Administration, after
consultation with the Architect of the Capitol, shall promulgate
regulations under the Senate and House of Representatives rulemaking
authority that prohibit the sale of tobacco products in vending
machines in the Capitol Buildings.
(2) Such committees may designate areas where such prohibition
shall not apply, if such area also prohibits the presence of minors.
(3) For the purpose of this section the term ``Capitol Buildings''
shall have the same meaning as such term is defined under section
16(a)(1) of the Act entitled ``An Act to define the area of the United
States Capitol Grounds, to regulate the use thereof, and for other
purposes'', approved July 31, 1946 (40 U.S.C. 193m(1)).
(g) Nothing in this section shall be construed as restricting the
authority of the Administrator of General Services or the head of an
agency to limit tobacco product use in or around any Federal building,
except as provided under subsection (d)(1).
(134)Page 86, after line 17 insert:
Sec. 641. It is the sense of the Senate that the General Services
Administration should increase use of direct delivery for high-dollar
value supplies and only stock items that are profitable, that after
these changes are implemented, the General Services Administration
should phase out the supply depots that are no longer economically
justifiable or needed.
(135)Page 86, after line 17 insert:
SEC. 642. NATIONAL COMMISSION ON RESTRUCTURING THE INTERNAL REVENUE
SERVICE.
(a) Findings.--The Congress finds the following:
(1) While the budget for the Internal Revenue Service
(hereafter referred to as the ``IRS'') has risen from $2.5
billion in fiscal year 1979 to $7.5 billion in fiscal year
1996, tax returns processing has not become significantly
faster, tax collection rates have not significantly increased,
and the accuracy and timeliness of taxpayer assistance has not
significantly improved.
(2) To date, the Tax Systems Modernization (TSM) program
has cost the taxpayers $2.5 billion, with an estimated cost of
$8 billion. Despite this investment, modernization efforts were
recently described by the GAO as ``chaotic'' and ``ad hoc''.
(3) While the IRS maintains that TSM will increase
efficiency and thus revenues, Congress has had to appropriate
additional funds in recent years for compliance initiatives in
order to increase tax revenues.
(4) Because TSM has not been implemented, the IRS continues
to rely on paper returns, processing a total of 14 billion
pieces of paper every tax season. This results in an extremely
inefficient system.
(5) This lack of efficiency reduces the level of customer
service and impedes the ability of the IRS to collect revenue.
(6) The present status of the IRS shows the need for the
establishment of a Commission which will examine the
organization of IRS and recommend actions to expedite the
implementation of TSM and improve service to taxpayers.
(b) Composition of the Commission.--
(1) Establishment.--To carry out the purposes of this
section, there is established a National Commission on
Restructuring the Internal Revenue Service (in this section
referred to as the ``Commission'').
(2) Composition.--The Commission shall be composed of
twelve members, as follows:
(A) Four members appointed by the President, two
from the executive branch of the Government and two
from private life.
(B) Two members appointed by the Majority Leader of
the Senate, one from Members of the Senate and one from
private life.
(C) Two members appointed by the Minority Leader of
the Senate, one from Members of the Senate and one from
private life.
(D) Two members appointed by the Speaker of the
House of Representatives, one from Members of the House
of Representatives and one from private life.
(E) Two members appointed by the Minority Leader of
the House of Representatives, one from Members of the
House of Representatives and one from private life.
The Commissioner of the Internal Revenue Service shall be an ex
officio member of the Commission.
(3) Chairman.--The Commission shall elect a Chairman from
among its members.
(4) Meeting; quorum; vacancies.--After its initial meeting,
the Commission shall meet upon the call of the Chairman or a
majority of its members. Seven members of the Commission shall
constitute a quorum. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made.
(5) Appointment; initial meeting.--
(A) Appointment.--It is the sense of the Congress
that members of the Committee should be appointed not
more than 60 days after the date of the enactment of
this section.
(B) Initial meeting.--If, after 60 days from the
date of the enactment of this section, seven or more
members of the Commission have been appointed, members
who have been appointed may meet and select a Chairman
who thereafter shall have the authority to begin the
operations of the Commission, including the hiring of
staff.
(c) Functions of Commission.--
(1) In general.--The functions of the Commission shall be--
(A) to conduct, for a period of one year from the
date of its first meeting, the review described in
paragraph (2), and
(B) to submit to the Congress a final report of the
results of the review, including recommendations for
restructuring the IRS.
(2) Review.--The Commission shall review--
(A) the present practices of the IRS, especially
with respect to--
(i) its organizational structure;
(ii) its paper processing and return
processing activities;
(iii) its infrastructure; and
(iv) the collection process;
(B) requirements for improvement in the following
areas:
(i) making returns processing
``paperless'';
(ii) modernizing IRS operations;
(iii) improving the collections process
without major personnel increases or increased
funding;
(iv) improving taxpayer accounts
management;
(v) improving the accuracy of information
requested by taxpayers in order to file their
returns; and
(vi) changing the culture of the IRS to
make the organization more efficient,
productive, and customer-oriented;
(C) whether the IRS could be replaced with a quasi-
governmental agency with tangible incentives for
internally managing its programs and activities and for
modernizing its activities, and
(D) whether the IRS could perform other collection,
information, and financial service functions of the
Federal Government.
(d) Powers of the Commission.--
(1) In general.--(A) The Commission or, on the
authorization of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out the provisions of
this section--
(i) hold such hearings and sit and act at such
times and places, take such testimony, receive such
evidence, administer such oaths, and
(ii) require, by subpoena or otherwise, the
attendance and testimony of such witnesses and the
production of such books, records, correspondence,
memoranda, papers, and documents,
as the Commission or such designated subcommittee or designated
member may deem advisable.
(B) Subpoenas issued under subparagraph (A)(ii) may be
issued under the signature of the Chairman of the Commission,
the chairman of any designated subcommittee, or any designated
member, and may be served by any person designated by such
Chairman, subcommittee chairman, or member. The provisions of
sections 102 through 104 of the Revised Statutes of the United
States (2 U.S.C. 192-194) shall apply in the case of any
failure of any witness to comply with any subpoena or to
testify when summoned under authority of this section.
(2) Contracting.--The Commission may, to such extent and in
such amounts as are provided in appropriation Acts, enter into
contracts to enable the Commission to discharge its duties
under this section.
(3) Information from federal agencies.--The Commission is
authorized to secure directly from any executive department,
bureau, agency, board, commission, office, independent
establishment, or instrumentality of the Government
information, suggestions, estimates, and statistics for the
purposes of this section. Each such department, bureau, agency,
board, commission, office, establishment, or instrumentality
shall, to the extent authorized by law, furnish such
information, suggestions, estimates, and statistics directly to
the Commission, upon request made by the Chairman.
(4) Assistance from federal agencies.--(A) The Secretary of
State is authorized on a reimbursable or nonreimbursable basis
to provided the Commission with administrative services, funds,
facilities, staff, and other support services for the
performance of the Commission's functions.
(B) The Administrator of General Services shall provide to
the Commission on a reimbursable basis such administrative
support services as the Commission may request.
(C) In addition to the assistance set forth in
subparagraphs (A) and (B), departments and agencies of the
United States are authorized to provide to the Commission such
services, funds, facilities, staff, and other support services
as they may deem advisable and as may be authorized by law.
(5) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as departments and agencies of the United States.
(e) Staff of the Commission.--
(1) In general.--The Chairman, in accordance with rules
agreed upon by the Commission, may appoint and fix the
compensation of a staff director and such other personnel as
may be necessary to enable the Commission to carry out its
functions, without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service,
and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except that no
rate of pay fixed under this subsection may exceed the
equivalent of that payable to a person occupying a position at
level V of the Executive Schedule under section 5316 of title
5, United States Code. Any Federal Government employee may be
detailed to the Commission without reimbursement from the
Commission, and such detailee shall retain the rights, status,
and privileges of his or her regular employment without
interruption.
(2) Consultant services.--The Commission is authorized to
procure the services of experts and consultants in accordance
with section 3109 of title 5, United States Code, but at rates
not to exceed the daily rate paid a person occupying a position
at level IV of the Executive Schedule under section 5315 of
title 5, United States Code.
(f) Compensation and Travel Expenses.--
(1) Compensation.--(A) Except as provided in subparagraph
(B), each member of the Commission may be compensated at not to
exceed the daily equivalent of the annual rate of basic pay in
effect for a position at level IV of the Executive Schedule
under section 5315 of title 5, United States Code, for each day
during which that member is engaged in the actual performance
of the duties of the Commission.
(B) Members of the Commission who are officers or employees
of the United States or Members of Congress shall receive no
additional pay on account of their service on the Commission.
(2) Travel expenses.--While away from their homes or
regular places of business in the performance of services for
the Commission, members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, in
the same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703(b)
of title 5, United States Code.
(g) Final Report of Commission; Termination.--
(1) Final report.--Not later than one year after the date
of the first meeting of the Commission, the Commission shall
submit to the Congress its final report, as described in
subsection (c)(2).
(2) Termination.--(A) The Commission, and all the
authorities of this section, shall terminate on the date which
is 60 days after the date on which a final report is required
to be transmitted under paragraph (1).
(B) The Commission may use the 60-day period referred to in
subparagraph (A) for the purpose of concluding its activities,
including providing testimony to committees of Congress
concerning its final report and disseminating that report.
(136)Page 86, after line 17 insert:
SEC. 643. REPORT ON FEASIBILITY OF LEASING OF BORDER STATIONS.
The Administrator of the General Services Administration shall,
within six months of enactment of this legislation, report to Congress
on the feasibility of leasing agreements with State and local
governments and private sponsors for the construction of border
stations on the borders of the United States with Canada and Mexico
whereby--
(1) lease payments shall not exceed 30 years for payment of
the purchase price and interest;
(2) the obligation of the United States under such an
agreement shall be limited to the current fiscal year for which
payments are due without regard to section 3328(a)(1)(B) of
title 31, United States Code;
(3) an agreement entered into under such provisions shall
provide for the title to the property and facilities to vest in
the United States on or before the expiration of the contract
term, on fulfillment of the terms and conditions of the
agreement.
(137)Page 86, after line 17 insert:
SEC. 644. ENERGY SAVINGS AT FEDERAL FACILITIES.
(a) Reduction in Facilities Energy Costs.--
(1) In general.--The head of each agency for which funds
are made available under this Act shall take all actions
necessary to achieve during fiscal year 1996 a 5 percent
reduction, from fiscal year 1995 levels, in the energy costs of
the facilities used by the agency.
(2) Cooperation by general services administration.--In the
case of facilities under the administrative jurisdiction of the
General Services Administration and occupied by another agency
and for which the Administrator of General Services delegates
operation and maintenance to the head of the agency, the
Administrator shall assist the head of the agency in achieving
the reduction in the energy costs of the facilities required by
paragraph (1) by entering into contracts to promote energy
savings and by other means.
(b) Use of Cost Savings.--An amount equal to the amount of cost
savings realized by an agency under subsection (a) shall remain
available for obligation through the end of fiscal year 1997, without
further authorization or appropriation, as follows:
(1) Conservation measures.--Fifty percent of the amount
shall remain available for the implementation of additional
energy conservation measures and for water conservation
measures at such facilities used by the agency as are
designated by the head of the agency.
(2) Other purposes.--Fifty percent of the amount shall
remain available for use by the agency for such purposes as are
designated by the head of the agency, consistent with
applicable law.
(c) Report.--
(1) In general.--Not later than December 31, 1996, the head
of each agency described in subsection (a) shall submit a
report to Congress specifying the results of the actions taken
under subsection (a) and providing any recommendations
concerning how to further reduce energy costs and energy
consumption in the future.
(2) Contents.--Each report shall--
(A) specify the total energy costs of the
facilities used by the agency;
(B) identify the reductions achieved; and
(C) specify the actions that resulted in the
reductions.
(138)Page 86, after line 17 insert:
Sec. 645. (a) Section 6304(f) of title 5, United States Code, is
amended--
(1) in paragraph (2) by striking ``described in paragraph
(1)'' and inserting ``for an individual described in
subparagraphs (B) through (E) of paragraph (1)''; and
(2) by adding at the end the following:
``(3) For purposes of applying any limitation on accumulation under
this section with respect to any annual leave for an individual
described in paragraph (1)(A)--
``(A) `30 days' in subsection (a) shall be deemed to read
`60 days'; and
``(B) `45 days' in subsection (b) shall be deemed to read
`60 days'.''.
(b)(1) The amendments made by subsection (a) shall take effect
January 1, 1996.
(2) Any individual serving in a position in the Senior Executive
Service on December 31, 1995 may retain any annual leave accrued as of
that date until the leave is used by that individual.
(139)Page 86, after line 17 insert:
SEC. 646. TRANSFER OF CERTAIN FEDERAL PROPERTY IN NEW JERSEY.
The first section of the Act entitled ``An Act transferring certain
Federal property to the city of Hoboken, New Jersey'', approved
September 27, 1982 (Public Law 97-268; 96 Stat. 1140), is amended--
(1) in subsection (a), by adding ``and'' at the end; and
(2) by striking ``Stat. 220), and'' in subsection (b) and
all that follows through ``New Jersey; concurrent with'' and
inserting the following: ``Stat. 220);
concurrent with''.
(140)Page 86, after line 17 insert:
Sec. 647. Service performed during the period January 1, 1984,
through December 31, 1986, which would, if performed after that period,
be considered service as a law enforcement officer, as defined in
section 8401(17) (A)(i)(II) and (B) of title 5, United States Code,
shall be deemed service as a law enforcement officer for the purposes
of chapter 84 of such title.
(141)Page 86, after line 17 insert:
Sec. 648. It is the sense of the Senate that:
(1) The General Services Administration and the Federal
Aviation Administration should review and reform current
personnel rules and labor agreements regarding federal
assistance when relocating because of a change of duty station.
(2) The Senate is concerned about reports that, under FAA
and GSA rules, employees at the Denver, Colorado, ATCT and
TRACON were permitted to claim personal housing relocation
allowances in connection with their transfer from FAA
facilities at Stapleton Field to the new Denver International
Airport, even in some cases where an employee's new home was
farther from the new job site than the employee's former home.
(3) The FAA should immediately investigate this misuse of
public funds at Denver International Airport and reform their
personnel rules to end this kind of abuse.
Attest:
Secretary.
104th CONGRESS
1st Session
H. R. 2020
_______________________________________________________________________
AMENDMENTS
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HR 2020 EAS----10