[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2020 Enrolled Bill (ENR)]
H.R.2020
One Hundred Fourth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the fourth day of January, one thousand nine hundred and ninety-five
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Treasury Department, the United States Postal
Service, the Executive Office of the President, and certain Independent
Agencies, for the fiscal year ending September 30, 1996, and for other
purposes, namely:
TITLE I--DEPARTMENT OF THE TREASURY
Departmental Offices
Salaries and Expenses
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Annex; hire of
passenger motor vehicles; maintenance, repairs, and improvements of,
and purchase of commercial insurance policies for, real properties
leased or owned overseas, when necessary for the performance of
official business; not to exceed $2,900,000 for official travel
expenses; not to exceed $2,950,000 to remain available until expended
for information technology modernization requirements; not to exceed
$150,000 for official reception and representation expenses; not to
exceed $258,000 for unforeseen emergencies of a confidential nature, to
be allocated and expended under the direction of the Secretary of the
Treasury and to be accounted for solely on his certificate;
$105,929,000, of which up to $500,000 shall be available 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 the
vicinity of the White House: Provided, That section 640 of title VI of
the Treasury, Postal Service and General Government Appropriations Act,
1995 (Public Law 103-329, 108 Stat. 2432), is amended by adding at the
end thereof the following new sentence: ``This section shall not apply
to any claim where the employee has received any compensation for
overtime hours worked during the period covered by the claim under any
other provision of law, including, but not limited to, 5 U.S.C.
5545(c), or to any claim for compensation for time spent commuting
between the employee's residence and duty station.''.
treasury buildings and annex repair and restoration
For the repair, alteration, and improvement of the Treasury
Building and Annex, and the Secret Service Headquarters Building,
$21,491,000, to remain available until expended.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, hire of passenger motor vehicles; not to exceed $2,000,000 for
official travel expenses; not to exceed $100,000 for unforeseen
emergencies of a confidential nature, to be allocated and expended
under the direction of the Inspector General of the Treasury;
$29,319,000.
treasury forfeiture fund
For necessary expenses of the Treasury Forfeiture Fund, as
authorized by Public Law 102-393, not to exceed $10,000,000, to be
derived from deposits in the Fund.
Financial Crimes Enforcement Network
Salaries and Expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; travel expenses of non-
Federal law enforcement personnel to attend meetings concerned with
financial intelligence activities, law enforcement, and financial
regulation; not to exceed $14,000 for official reception and
representation expenses; $22,198,000: Provided, That notwithstanding
any other provision of law, the Director of the Financial Crimes
Enforcement Network may procure up to $500,000 in specialized, unique
or novel automatic data processing equipment, ancillary equipment,
software, services, and related resources from commercial vendors
without regard to otherwise applicable procurement laws and regulations
and without full and open competition, utilizing procedures best suited
under the circumstances of the procurement to efficiently fulfill the
agency's requirements: Provided further, That funds appropriated in
this account may be used to procure personal services contracts.
Federal Law Enforcement Training Center
Salaries and Expenses
For necessary expenses of the Federal Law Enforcement Training
Center, as a bureau of the Department of the Treasury, including
materials and support costs of Federal law enforcement basic training;
purchase (not to exceed fifty-two for police-type use) and hire of
passenger motor vehicles; for expenses for student athletic and related
activities; uniforms without regard to the general purchase price
limitation for the current fiscal year; the conducting of and
participating in firearms matches and presentation of awards; for
public awareness and enhancing community support of law enforcement
training; not to exceed $7,000 for official reception and
representation expenses; room and board for student interns; and
services as authorized by 5 U.S.C. 3109: Provided, That the Center is
authorized to accept and use gifts of property, both real and personal,
and to accept services, for authorized purposes, including funding of a
gift of intrinsic value which shall be awarded annually by the Director
of the Center to the outstanding student who graduated from a basic
training program at the Center during the previous fiscal year, which
shall be funded only by gifts received through the Center's gift
authority: Provided further, That notwithstanding any other provision
of law, students attending training at any Federal Law Enforcement
Training Center site shall reside in on-Center or Center-provided
housing, insofar as available and in accordance with Center policy:
Provided further, That funds appropriated in this account shall be
available for training United States Postal Service law enforcement
personnel and Postal police officers, at the discretion of the
Director; State and local government law enforcement training on a
space-available basis; training of foreign law enforcement officials on
a space-available basis with reimbursement of actual costs to this
appropriation; training of private sector security officials on a
space-available basis with reimbursement of actual costs to this
appropriation; travel expenses of non-Federal personnel to attend State
and local course development meetings at the Center: Provided further,
That the Center is authorized to obligate funds in anticipation of
reimbursements from agencies receiving training at the Federal Law
Enforcement Training Center, except that total obligations at the end
of the fiscal year shall not exceed total budgetary resources available
at the end of the fiscal year: Provided further, That the Federal Law
Enforcement Training Center is authorized to provide short term medical
services for students undergoing training at the Center; $36,070,000,
of which $8,666,000 for materials and support costs of Federal law
enforcement basic training shall remain available until September 30,
1998.
Acquisition, Construction, Improvements, and Related Expenses
For expansion of the Federal Law Enforcement Training Center, for
acquisition of necessary additional real property and facilities, and
for ongoing maintenance, facility improvements, and related expenses,
$9,663,000, to remain available until expended.
Financial Management Service
Salaries and Expenses
For necessary expenses of the Financial Management Service,
$184,300,000, of which not to exceed $14,277,000 shall remain available
until expended for systems modernization initiatives. In addition,
$90,000, to be derived from the Oil Spill Liability Trust Fund, to
reimburse the Service for administrative and personnel expenses for
financial management of the Fund, as authorized by section 1012 of
Public Law 101-380.
Bureau of Alcohol, Tobacco and Firearms
Salaries and Expenses
For necessary expenses of the Bureau of Alcohol, Tobacco and
Firearms, including purchase of not to exceed six hundred and fifty
vehicles for police-type use for replacement only and hire of passenger
motor vehicles; hire of aircraft; and services of expert witnesses at
such rates as may be determined by the Director; for payment of per
diem and/or subsistence allowances to employees where an assignment to
the National Response Team during the investigation of a bombing or
arson incident requires an employee to work 16 hours or more per day or
to remain overnight at his or her post of duty; not to exceed $10,000
for official reception and representation expenses; for training of
State and local law enforcement agencies with or without reimbursement;
provision of laboratory assistance to State and local agencies, with or
without reimbursement; $377,971,000, of which not to exceed $1,000,000
shall be available for the payment of attorneys' fees as provided by 18
U.S.C. 924(d)(2); and of which $1,000,000 shall be available for the
equipping of any vessel, vehicle, equipment, or aircraft available for
official use by a State or local law enforcement agency if the
conveyance will be used in drug-related joint law enforcement
operations with the Bureau of Alcohol, Tobacco and Firearms and for the
payment of overtime salaries, travel, fuel, training, equipment, and
other similar costs of State and local law enforcement officers that
are incurred in joint operations with the Bureau of Alcohol, Tobacco
and Firearms: Provided, That no funds made available by this or any
other Act may be used to implement any reorganization of the Bureau of
Alcohol, Tobacco and Firearms or transfer of the Bureau's functions,
missions, or activities to other agencies or Departments in the fiscal
year ending on September 30, 1996: Provided further, That no funds
appropriated herein shall be available for salaries or administrative
expenses in connection with consolidating or centralizing, within the
Department of the Treasury, the records, or any portion thereof, of
acquisition and disposition of firearms maintained by Federal firearms
licensees: Provided further, That no funds appropriated herein shall be
used to pay administrative expenses or the compensation of any officer
or employee of the United States to implement an amendment or
amendments to 27 CFR 178.118 or to change the definition of ``Curios or
relics'' in 27 CFR 178.11 or remove any item from ATF Publication
5300.11 as it existed on January 1, 1994: Provided further, That none
of the funds appropriated herein shall be available to investigate or
act upon applications for relief from Federal firearms disabilities
under 18 U.S.C. 925(c): Provided further, That such funds shall be
available to investigate and act upon applications filed by
corporations for relief from Federal firearms disabilities under 18
U.S.C. section 925(c).
United States Customs Service
Salaries and Expenses
For necessary expenses of the United States Customs Service,
including purchase of up to 1,000 motor vehicles of which 960 are for
replacement only, including 990 for police-type use and commercial
operations; hire of motor vehicles; not to exceed $20,000 for official
reception and representation expenses; and awards of compensation to
informers, as authorized by any Act enforced by the United States
Customs Service; $1,387,153,000, of which such sums as become available
in the Customs User Fee Account, except sums subject to section
13031(f)(3) of the Consolidated Omnibus Reconciliation Act of 1985, as
amended (19 U.S.C. 58c(f)(3)), shall be derived from that Account; of
that total, not to exceed $150,000 shall be available for payment for
rental space in connection with preclearance operations, and not to
exceed $4,000,000 shall be available until expended for research:
Provided, That uniforms may be purchased without regard to the general
purchase price limitation for the current fiscal year: Provided
further, That the Commissioner of the Customs Service designate a
single individual to be port director of all United States Government
activities at two ports of entry, one on the southern border and one on
the northern border: Provided further, That $750,000 shall be available
for additional part-time and temporary positions in the Honolulu
Customs District.
harbor maintenance fee collection
For administrative expenses related to the collection of the Harbor
Maintenance Fee, pursuant to Public Law 103-182, $3,000,000, to be
derived from the Harbor Maintenance Trust Fund and to be transferred to
and merged with the Customs ``Salaries and Expenses'' account for such
purposes.
Operation and Maintenance, Air and Marine Interdiction Programs
For expenses, not otherwise provided for, necessary for the
operation and maintenance of marine vessels, aircraft, and other
related equipment of the Air and Marine Programs, including operational
training and mission-related travel, and rental payments for facilities
occupied by the air or marine interdiction or demand reduction
programs, the operations of which include: the interdiction of
narcotics and other goods; the provision of support to Customs and
other Federal, State, and local agencies in the enforcement or
administration of laws enforced by the Customs Service; and, at the
discretion of the Commissioner of Customs, the provision of assistance
to Federal, State, and local agencies in other law enforcement and
emergency humanitarian efforts; $64,843,000 which shall remain
available until expended; in addition, $19,733,000 shall be transferred
from the Customs Air and Marine Interdiction Programs, Procurement
Account to remain available until expended: 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 1996, without the prior
approval of the House and Senate Committees on Appropriations.
Customs Services at Small Airports
(to be derived from fees collected)
Such sums as may be necessary, not to exceed $1,406,000, for
expenses for the provision of Customs services at certain small
airports or other facilities when authorized by law and designated by
the Secretary of the Treasury, including expenditures for the salary
and expenses of individuals employed to provide such services, to be
derived from fees collected by the Secretary of the Treasury pursuant
to section 236 of Public Law 98-573 for each of these airports or other
facilities when authorized by law and designated by the Secretary of
the Treasury, and to remain available until expended.
Bureau of the Public Debt
Administering the Public Debt
For necessary expenses connected with any public-debt issues of the
United States; $180,065,000: Provided, That the sum appropriated herein
from the General Fund for fiscal year 1996 shall be reduced by not more
than $600,000 as definitive security issue fees are collected and not
more than $9,465,000 as Treasury Direct Investor Account Maintenance
fees are collected, so as to result in a final fiscal year 1996
appropriation from the General Fund estimated at $170,000,000.
Internal Revenue Service
Processing, Assistance, and Management
For necessary expenses of the Internal Revenue Service, not
otherwise provided for; including processing tax returns; revenue
accounting; providing assistance to taxpayers, management services, and
inspection; including purchase (not to exceed 150 for replacement only,
for police-type use) and hire of passenger motor vehicles (31 U.S.C.
1343(b)); and services as authorized by 5 U.S.C. 3109, at such rates as
may be determined by the Commissioner: $1,723,764,000, of which up to
$3,700,000 shall be for the Tax Counseling for the Elderly Program, and
of which not to exceed $25,000 shall be for official reception and
representation expenses.
Tax Law Enforcement
For necessary expenses of the Internal Revenue Service for
determining and establishing tax liabilities; tax and enforcement
litigation; technical rulings; examining employee plans and exempt
organizations; investigation and enforcement activities; securing
unfiled tax returns; collecting unpaid accounts; statistics of income
and compliance research; the purchase (for police-type use, not to
exceed 850), and hire of passenger motor vehicles (31 U.S.C. 1343(b));
and services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner $4,097,294,000, of which not to exceed
$1,000,000 shall remain available until September 30, 1998 for
research: Provided, That $13,000,000 shall be used to initiate a
program to utilize private counsel law firms and debt collection
agencies in the collection activities of the Internal Revenue Service
in compliance with section 104 of this Act.
Information Systems
For necessary expenses for data processing and telecommunications
support for Internal Revenue Service activities, including: tax systems
modernization (modernized developmental systems), modernized
operational systems, services and compliance, and support systems; and
for the hire of passenger motor vehicles (31 U.S.C. 1343(b)); and
services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner; $1,527,154,000, of which no less than
$695,000,000 shall be available for tax systems modernization
activities, of which up to $185,000,000 for tax and information systems
development projects shall remain available until September 30, 1998:
Provided, That of the funds appropriated for tax systems modernization,
$100,000,000 may not be obligated until the Secretary of the Treasury
provides a report to the Committees on Appropriations of the House and
the Senate that (1) with explicit decision criteria, identifies,
evaluates, and prioritizes all systems investments planned for fiscal
year 1996, (2) provides a schedule for successfully mitigating
deficiencies identified by the General Accounting Office in its April
1995 report to the Committees, (3) presents a milestone schedule for
development and implementation of all projects included in the tax
systems modernization program, and (4) presents a plan to expand the
utilization of external expertise for systems development and total
program integration.
Administrative Provisions--Internal Revenue Service
Section 1. Not to exceed 2 per centum of any appropriation made
available to the Internal Revenue Service for the current fiscal year
by this Act may be transferred to any other Internal Revenue Service
appropriation upon the advance approval of the House and Senate
Committees on Appropriations: Provided, That notwithstanding any other
provision of this Act, the Internal Revenue Service is authorized to
transfer such sums as may be necessary between appropriations with
advance approval of the House and Senate Appropriations Committees.
Sec. 2. The Internal Revenue Service shall institute and maintain a
training program to insure that Internal Revenue Service employees are
trained in taxpayers' rights, in dealing courteously with the
taxpayers, and in cross-cultural relations.
United States Secret Service
Salaries and Expenses
For necessary expenses of the United States Secret Service,
including purchase (not to exceed 665 vehicles for police-type use for
replacement only) and hire of passenger motor vehicles; hire of
aircraft; training and assistance requested by State and local
governments, which may be provided without reimbursement; services of
expert witnesses at such rates as may be determined by the Director;
rental of buildings in the District of Columbia, and fencing, lighting,
guard booths, and other facilities on private or other property not in
Government ownership or control, as may be necessary to perform
protective functions; for payment of per diem and/or subsistence
allowances to employees where a protective assignment during the actual
day or days of the visit of a protectee require an employee to work 16
hours per day or to remain overnight at his or her post of duty; the
conducting of and participating in firearms matches; presentation of
awards; and for travel of Secret Service employees on protective
missions without regard to the limitations on such expenditures in this
or any other Act: Provided, That approval is obtained in advance from
the House and Senate Committees on Appropriations; for repairs,
alterations, and minor construction at the James J. Rowley Secret
Service Training Center; for research and development; for making
grants to conduct behavioral research in support of protective research
and operations; not to exceed $12,500 for official reception and
representation expenses; not to exceed $50,000 to provide technical
assistance and equipment to foreign law enforcement organizations in
counterfeit investigations; for payment in advance for commercial
accommodations as may be necessary to perform protective functions; and
for uniforms without regard to the general purchase price limitation
for the current fiscal year; $531,944,000.
Violent Crime Reduction Programs
For activities authorized by Public Law 103-322, to remain
available until expended, which shall be derived from the Violent Crime
Reduction Trust Fund, as follows:
(a) As authorized by section 190001(e), $69,314,000, of which
$25,690,000 shall be available to the United States Customs Service for
expenses associated with ``Operation Hardline''; of which $21,010,000
shall be available to the Bureau of Alcohol, Tobacco and Firearms, of
which no less than $14,410,000 shall be available to annualize the
salaries and related costs for the fiscal year 1995 supplemental
initiative, and of which no less than $3,500,000 shall be available for
administering the Gang Resistance Education and Training program, and
of which $3,100,000 shall be available for ballistics technologies; of
which $21,600,000 shall be available to the United States Secret
Service, 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 $1,014,000 shall be available to the
Federal Law Enforcement Training Center; and
(b) As authorized by section 32401, $7,200,000, for disbursement
through grants, cooperative agreements or contracts, to local
governments for Gang Resistance Education and Training: Provided, That
notwithstanding sections 32401 and 310001, such funds shall be
allocated only to the affected State and local law enforcement and
prevention organizations participating in such projects.
General Provisions--Department of the Treasury
Section 101. Any obligation or expenditure by the Secretary in
connection with law enforcement activities of a Federal agency or a
Department of the Treasury law enforcement organization in accordance
with 31 U.S.C. 9703(g)(4)(B) from unobligated balances remaining in the
Fund on September 30, 1996, shall be made in compliance with the
reprogramming guidelines contained in the House and Senate reports
accompanying this Act.
Sec. 102. Appropriations to the Treasury Department in this Act
shall be available for uniforms or allowances therefor, as authorized
by law (5 U.S.C. 5901), including maintenance, repairs, and cleaning;
purchase of insurance for official motor vehicles operated in foreign
countries; purchase of motor vehicles without regard to the general
purchase price limitation for vehicles purchased and used overseas for
the current fiscal year; entering into contracts with the Department of
State for the furnishing of health and medical services to employees
and their dependents serving in foreign countries; and services
authorized by 5 U.S.C. 3109.
Sec. 104. None of the funds appropriated by this title shall be
used in connection with the collection of any underpayment of any tax
imposed by the Internal Revenue Code of 1986 unless the conduct of
officers and employees of the Internal Revenue Service in connection
with such collection, including any private sector employees under
contract to the Internal Revenue Service, complies with subsection (a)
of section 805 (relating to communications in connection with debt
collection), and section 806 (relating to harassment or abuse), of the
Fair Debt Collection Practices Act (15 U.S.C. 1692).
Sec. 105. The Internal Revenue Service shall institute policies and
procedures which will safeguard the confidentiality of taxpayer
information.
Sec. 106. The funds provided to the Bureau of Alcohol, Tobacco and
Firearms for fiscal year 1996 in this Act for the enforcement of the
Federal Alcohol Administration Act shall be expended in a manner so as
not to diminish enforcement efforts with respect to section 105 of the
Federal Alcohol Administration Act.
Sec. 107. 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.
This title may be cited as the ``Treasury Department Appropriations
Act, 1996''.
TITLE II--POSTAL SERVICE
Payments to the Postal Service
Payment to the Postal Service Fund
For payment to the Postal Service Fund for revenue forgone on free
and reduced rate mail, pursuant to subsections (c) and (d) of section
2401 of title 39, United States Code; $85,080,000: Provided, That mail
for overseas voting and mail for the blind shall continue to be free:
Provided further, That six-day delivery and rural delivery of mail
shall continue at not less than the 1983 level: Provided further, That
none of the funds made available to the Postal Service by this Act
shall be used to implement any rule, regulation, or policy of charging
any officer or employee of any State or local child support enforcement
agency, or any individual participating in a State or local program of
child support enforcement, a fee for information requested or provided
concerning an address of a postal customer: Provided further, That none
of the funds provided in this Act shall be used to consolidate or close
small rural and other small post offices in the fiscal year ending on
September 30, 1996.
Payment to the Postal Service Fund for Nonfunded Liabilities
For payment to the Postal Service Fund for meeting the liabilities
of the former Post Office Department to the Employees' Compensation
Fund pursuant to 39 U.S.C. 2004, $36,828,000.
This title may be cited as the ``Postal Service Appropriations Act,
1996''.
TITLE III--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO
THE PRESIDENT
Compensation of the President
For compensation of the President, including an expense allowance
at the rate of $50,000 per annum as authorized by 3 U.S.C. 102;
$250,000: Provided, That none of the funds made available for official
expenses shall be expended for any other purpose and any unused amount
shall revert to the Treasury pursuant to section 1552 of title 31 of
the United States Code: Provided further, That none of the funds made
available for official expenses shall be considered as taxable to the
President.
The White House Office
Salaries and Expenses
For necessary expenses for the White House as authorized by law,
including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105; including subsistence expenses as
authorized by 3 U.S.C. 105, which shall be expended and accounted for
as provided in that section; hire of passenger motor vehicles,
newspapers, periodicals, teletype news service, and travel (not to
exceed $100,000 to be expended and accounted for as provided by 3
U.S.C. 103); not to exceed $19,000 for official entertainment expenses,
to be available for allocation within the Executive Office of the
President; $39,459,000.
Executive Residence at the White House
Operating Expenses
For the care, maintenance, repair and alteration, refurnishing,
improvement, heating and lighting, including electric power and
fixtures, of the Executive Residence at the White House and official
entertainment expenses of the President; $7,827,000, to be expended and
accounted for as provided by 3 U.S.C. 105, 109-110, 112-114.
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.
Official Residence of the Vice President
Operating Expenses
For the care, operation, refurnishing, improvement, heating and
lighting, including electric power and fixtures, of the official
residence of the Vice President, the hire of passenger motor vehicles,
and not to exceed $90,000 for official entertainment expenses of the
Vice President, to be accounted for solely on his certificate;
$324,000: Provided, That advances or repayments or transfers from this
appropriation may be made to any department or agency for expenses of
carrying out such activities.
Special Assistance to the President
Salaries and Expenses
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions, services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
including subsistence expenses as authorized by 3 U.S.C. 106, which
shall be expended and accounted for as provided in that section; and
hire of passenger motor vehicles; $3,280,000.
Council of Economic Advisers
Salaries and Expenses
For necessary expenses of the Council in carrying out its functions
under the Employment Act of 1946 (15 U.S.C. 1021), $3,180,000.
Office of Policy Development
Salaries and Expenses
For necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109, and 3 U.S.C. 107;
$3,867,000.
National Security Council
Salaries and Expenses
For necessary expenses of the National Security Council, including
services as authorized by 5 U.S.C. 3109; $6,648,000.
Office of Administration
Salaries and Expenses
For necessary expenses of the Office of Administration;
$25,736,000, including services as authorized by 5 U.S.C. 3109 and 3
U.S.C. 107, and hire of passenger motor vehicles.
Office of Management and Budget
Salaries and Expenses
For necessary expenses of the Office of Management and Budget,
including hire of passenger motor vehicles, services as authorized by 5
U.S.C. 3109; $55,573,000, of which not to exceed $5,000,000 shall be
available to carry out the provisions of 44 U.S.C. chapter 35:
Provided, That, as provided in 31 U.S.C. 1301(a), appropriations shall
be applied only to the objects for which appropriations were made
except as otherwise provided by law: Provided further, That none of the
funds appropriated in this Act for the Office of Management and Budget
may be used for the purpose of reviewing any agricultural marketing
orders or any activities or regulations under the provisions of the
Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.):
Provided further, That none of the funds made available for the Office
of Management and Budget by this Act may be expended for the altering
of the transcript of actual testimony of witnesses, except for
testimony of officials of the Office of Management and Budget, before
the Committee on Appropriations or the Committee on Veterans' Affairs
or their subcommittees: Provided further, That this proviso shall not
apply to printed hearings released by the Committee on Appropriations
or the Committee on Veterans' Affairs.
Office of National Drug Control Policy
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to title I of Public Law 100-
690; not to exceed $8,000 for official reception and representation
expenses; for participation in joint projects or in the provision of
services on matters of mutual interest with nonprofit, research, or
public organizations or agencies, with or without reimbursement;
$23,500,000, of which $16,000,000, 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; and of
the funds made available to the Counter-Drug Technology Assessment
Center, $600,000 shall be transferred to the Drug Enforcement
Administration for the El Paso Intelligence Center: 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.
Unanticipated Needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest, security,
or defense which may arise at home or abroad during the current fiscal
year; $1,000,000.
Federal Drug Control Programs
High Intensity Drug Trafficking Areas Program
(including transfer of funds)
For necessary expenses of the Office of National Drug Control
Policy's High Intensity Drug Trafficking Areas Program, $103,000,000
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 $48,000,000
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.
This title may be cited as the ``Executive Office Appropriations
Act, 1996''.
TITLE IV--INDEPENDENT AGENCIES
Advisory Commission on Intergovernmental Relations
salaries and expenses
For necessary expenses of the Advisory Commission on
Intergovernmental Relations, $784,000, of which $334,000 is to carry
out the provisions of Public Law 104-4, and of which $450,000 shall be
available only for the purposes of the prompt and orderly termination
of the Advisory Commission on Intergovernmental Relations.
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, $600,000: Provided, That these funds shall only be
available for the purposes of the prompt and orderly termination of the
Administrative Conference of the United States by February 1, 1996.
Committee for Purchase From People Who Are Blind or Severely Disabled
Salaries and Expenses
For necessary expenses of the Committee for Purchase From People
Who Are Blind or Severely Disabled established by the Act of June 23,
1971, Public Law 92-28; $1,800,000.
Federal Election Commission
Salaries and Expenses
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, as amended; $26,521,000, of which no
less than $1,500,000 shall be available for internal automated data
processing systems, of which not to exceed $5,000 shall be available
for reception and representation expenses: Provided, That none of the
funds appropriated for automated data processing systems may be
obligated until the Chairman of the Federal Election Commission
provides to the House Committee on Appropriations a systems
requirements analysis on the development of such a system.
Federal Labor Relations Authority
Salaries and Expenses
For necessary expenses to carry out functions of the Federal Labor
Relations Authority, pursuant to Reorganization Plan Numbered 2 of
1978, and the Civil Service Reform Act of 1978, including services as
authorized by 5 U.S.C. 3109, including hire of experts and consultants,
hire of passenger motor vehicles, rental of conference rooms in the
District of Columbia and elsewhere; $20,542,000: Provided, That public
members of the Federal Service Impasses Panel may be paid travel
expenses and per diem in lieu of subsistence as authorized by law (5
U.S.C. 5703) for persons employed intermittently in the Government
service, and compensation as authorized by 5 U.S.C. 3109: Provided
further, That notwithstanding 31 U.S.C. 3302, funds received from fees
charged to non-Federal participants at labor-management relations
conferences shall be credited to and merged with this account, to be
available without further appropriation for the costs of carrying out
these conferences.
General Services Administration
Federal Buildings Fund
limitations on availability of revenue
(including rescission)
For additional expenses necessary to carry out the purpose of the
Fund established pursuant to section 210(f) of the Federal Property and
Administrative Services Act of 1949, as amended (40 U.S.C. 490(f)),
$86,000,000, to be deposited into said Fund shall be available for
necessary expenses of real property management and related activities
not otherwise provided for, including operation, maintenance, and
protection of Federally owned and leased buildings; rental of buildings
in the District of Columbia; restoration of leased premises; moving
governmental agencies (including space adjustments and
telecommunications relocation expenses) in connection with the
assignment, allocation and transfer of space; contractual services
incident to cleaning or servicing buildings, and moving; repair and
alteration of federally owned buildings including grounds, approaches
and appurtenances; care and safeguarding of sites; maintenance,
preservation, demolition, and equipment; acquisition of buildings and
sites by purchase, condemnation, or as otherwise authorized by law;
acquisition of options to purchase buildings and sites; conversion and
extension of Federally owned buildings; preliminary planning and design
of projects by contract or otherwise; construction of new buildings
(including equipment for such buildings); and payment of principal,
interest, taxes, and any other obligations for public buildings
acquired by installment purchase and purchase contract, in the
aggregate amount of $5,066,149,000, of which (1) not to exceed
$545,002,000 shall remain available until expended for construction of
additional projects at locations and at maximum construction
improvement costs (including funds for sites and expenses and
associated design and construction services) as follows:
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:
Prince Georges County, Food and Drug Administration,
$55,000,000
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, $5,600,000
West Virginia:
Martinsburg, Internal Revenue Service Computer Center,
$63,408,000
Non-prospectus Projects Program, $12,685,000:
Provided, That each of the immediately foregoing limits of costs on new
construction projects may be exceeded to the extent that savings are
effected in other such projects, but not to exceed 10 per centum unless
advanced approval is obtained from the House and Senate Committees on
Appropriations of a greater amount: Provided further, That the
$6,000,000 under the heading of non-prospectus construction projects,
made available in Public Laws 102-393 and 103-123 for the acquisition,
lease, construction and equipping of flexiplace work telecommuting
centers, is hereby increased by $5,000,000 from funds made available in
this Act for non-prospectus construction projects, all of which shall
remain available until expended: Provided further, That of the
$5,000,000 made available by this Act, half shall be used for
telecommuting centers in the State of Virginia and half shall be used
for telecommuting centers in the State of Maryland: 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: Provided further, That all funds
for direct construction projects shall expire on September 30, 1997,
and remain in the Federal Buildings Fund except funds for projects as
to which funds for design or other funds have been obligated in whole
or in part prior to such date: Provided further, That claims against
the Government of less than $250,000 arising from direct construction
projects, acquisitions of buildings and purchase contract projects
pursuant to Public Law 92-313, be liquidated with prior notification to
the Committees on Appropriations of the House and Senate to the extent
savings are effected in other such projects; (2) not to exceed
$637,000,000 shall remain available until expended, for repairs and
alterations which includes associated design and construction services:
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: Provided further, That funds in the
Federal Buildings Fund for Repairs and Alterations shall, for
prospectus projects, be limited to the amount by project as follows,
except each project may be increased by an amount not to exceed 10 per
centum unless advance approval is obtained from the Committees on
Appropriations of the House and Senate of a greater amount:
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
Washington:
Richland, Federal Building, U.S. Post Office, and
Courthouse, $10,000,000
Nationwide:
Chlorofluorocarbons Program, $43,533,000
Elevator Program, $13,109,000
Energy Program, $20,000,000
Advance Design, $22,000,000
Basic Repairs and Alterations, $304,757,000: Provided further, That
additional projects for which prospectuses have been fully approved may
be funded under this category only if advance approval is obtained from
the Committees on Appropriations of the House and Senate: Provided
further, That the difference between the funds appropriated and
expended on any projects in this or any prior Act, under the heading
``Repairs and Alterations'', may be transferred to Basic Repairs and
Alterations or used to fund authorized increases in prospectus
projects: Provided further, That all funds for repairs and alterations
prospectus projects shall expire on September 30, 1997, and remain in
the Federal Buildings Fund except funds for projects as to which funds
for design or other funds have been obligated in whole or in part prior
to such date: Provided further, That of the funds provided for Advanced
Design, $100,000 shall be made available for architectural design
studies for renovation of the National Veterinary Services Laboratory
and a biocontainment facility at the National Animal Disease Center,
Ames, Iowa: Provided further, That the amount provided in this or any
prior Act for Basic Repairs and Alterations may be used to pay claims
against the Government arising from any projects under the heading
``Repairs and Alterations'' or used to fund authorized increases in
prospectus projects; (3) not to exceed $181,963,000 for installment
acquisition payments including payments on purchase contracts which
shall remain available until expended; (4) not to exceed $2,326,200,000
for rental of space which shall remain available until expended; and
(5) not to exceed $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 for building operations which shall remain
available until expended: Provided further, That funds available to the
General Services Administration shall not be available for expenses in
connection with any construction, repair, alteration, and acquisition
project for which a prospectus, if required by the Public Buildings Act
of 1959, as amended, has not been approved, except that necessary funds
may be expended for each project for required expenses in connection
with the development of a proposed prospectus: Provided further, That
the Administrator is authorized to enter into and perform such leases,
contracts, or other transactions with any agency or instrumentality of
the United States, the several States, or the District of Columbia, or
with any person, firm, association, or corporation, as may be necessary
to implement the trade center plan at the Federal Triangle Project:
Provided further, That for the purposes of this authorization,
buildings constructed pursuant to the purchase contract authority of
the Public Buildings Amendments of 1972 (40 U.S.C. 602a), buildings
occupied pursuant to installment purchase contracts, and buildings
under the control of another department or agency where alterations of
such buildings are required in connection with the moving of such other
department or agency from buildings then, or thereafter to be, under
the control of the General Services Administration shall be considered
to be federally owned buildings: Provided further, That funds available
in the Federal Buildings Fund may be expended for emergency repairs
when advance approval is obtained from the Committees on Appropriations
of the House and Senate: Provided further, That amounts necessary to
provide reimbursable special services to other agencies under section
210(f)(6) of the Federal Property and Administrative Services Act of
1949, as amended (40 U.S.C. 490(f)(6)) and amounts to provide such
reimbursable fencing, lighting, guard booths, and other facilities on
private or other property not in Government ownership or control as may
be appropriate to enable the United States Secret Service to perform
its protective functions pursuant to 18 U.S.C. 3056, as amended, shall
be available from such revenues and collections: Provided further, That
revenues and collections and any other sums accruing to this Fund
during fiscal year 1996, excluding reimbursements under section
210(f)(6) of the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 490(f)(6)) in excess of $5,066,149,000 shall remain in
the Fund and shall not be available for expenditure except as
authorized in appropriations Acts.
Operating Expenses
For expenses authorized by law, not otherwise provided for,
necessary for asset management activities; utilization of excess and
disposal of 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 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; $119,091,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General and
services authorized by 5 U.S.C. 3109, $33,274,000: Provided, That not
to exceed $5,000 shall be available for payment for information and
detection of fraud against the Government, including payment for
recovery of stolen Government property: Provided further, That not to
exceed $2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of efforts and
initiatives resulting in enhanced Office of Inspector General
effectiveness.
Allowances and Office Staff for Former Presidents
For carrying out the provisions of the Act of August 25, 1958, as
amended (3 U.S.C. 102 note), and Public Law 95-138; $2,181,000:
Provided, That the Administrator of General Services shall transfer to
the Secretary of the Treasury such sums as may be necessary to carry
out the provisions of such Acts.
General Provisions--General Services Administration
Section 1. The appropriate appropriation or fund available to the
General Services Administration shall be credited with the cost of
operation, protection, maintenance, upkeep, repair, and improvement,
included as part of rentals received from Government corporations
pursuant to law (40 U.S.C. 129).
Sec. 2. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 3. Funds in the Federal Buildings Fund made available for
fiscal year 1996 for Federal Buildings Fund activities may be
transferred between such activities only to the extent necessary to
meet program requirements. Any proposed transfers shall be approved in
advance by the Committees on Appropriations of the House and Senate.
Sec. 4. No funds made available by this Act shall be used to
transmit a fiscal year 1997 request for United States Courthouse
construction that does not meet the standards for construction as
established by the General Services Administration, the Judicial
Conference of the United States, and the Office of Management and
Budget and does not reflect the priorities of the Judicial Conference
of the United States as set out in its approved five-year construction
plan.
Sec. 5. The Administrator of General Services is authorized to
accept and retain income received by the General Services
Administration on or after October 1, 1993, from Federal agencies and
non-Federal sources, to defray costs directly associated with the
functions of flexiplace work telecommuting centers.
Sec. 6. Of the $11,000,000 made available by this Act and Public
Laws 102-393 and 103-123 for flexiplace work telecommuting centers, not
less than $2,200,000 shall be available for immediate transfer to the
Charles County Community College, to provide facilities, equipment, and
other services to the General Services Administration for the purposes
of establishing telecommuting work centers in Southern Maryland
(Charles, Calvert, and St. Mary's County) for use by Government
agencies designated by the Administrator of General Services: Provided,
That the language providing authority to pay a public entity in the
State of Maryland, not to exceed $1,300,000 for the purpose of
establishing telecommuting work centers in Southern Maryland, under the
heading ``Federal Buildings Fund Limitations on Availability of
Revenue'' in Public Law 103-329 (108 Stat. 2400), is hereby repealed.
Sec. 7. Notwithstanding any provision of this or any other Act,
during the fiscal year ending September 30, 1996, and thereafter, no
funds 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.
Sec. 8. Notwithstanding any provision of this or any other Act,
during the fiscal year ending September 30, 1996, and thereafter, no
funds may be obligated or expended in any way for the purpose of the
sale, excessing, surplusing, or disposal of lands in the vicinity of
Bull Shoals Lake, Arkansas, administered by the Corps of Engineers,
Department of the Army, without the specific approval of the Congress.
Sec. 9. 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''.
John F. Kennedy Assassination Records Review Board
For necessary expenses to carry out the John F. Kennedy
Assassination Records Collection Act of 1992, $2,150,000.
Merit Systems Protection Board
Salaries and Expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit Systems
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978 and
the Civil Service Reform Act of 1978, including services as authorized
by 5 U.S.C. 3109, rental of conference rooms in the District of
Columbia and elsewhere, hire of passenger motor vehicles, and direct
procurement of survey printing, $24,549,000, together with not to
exceed $2,430,000 for administrative expenses to adjudicate retirement
appeals to be transferred from the Civil Service Retirement and
Disability Fund in amounts determined by the Merit Systems Protection
Board.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the administration of the
National Archives and records and related activities, as provided by
law, and for expenses necessary for the review and declassification of
documents, and for the hire of passenger motor vehicles, $199,633,000,
of which $4,500,000 shall be available until expended for cataloging,
archiving and digitizing activities: Provided, That the Archivist of
the United States is authorized to use any excess funds available from
the amount borrowed for construction of the National Archives facility,
for expenses necessary to move into the facility.
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.
National Historical Publications and Records Commission
grants program
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, as amended,
$5,000,000 to remain available until expended.
Office of Government Ethics
Salaries and Expenses
For necessary expenses to carry out functions of the Office of
Government Ethics pursuant to the Ethics in Government Act of 1978, as
amended by Public Law 100-598, and the Ethics Reform Act of 1989,
Public Law 101-194, including services as authorized by 5 U.S.C. 3109,
rental of conference rooms in the District of Columbia and elsewhere,
hire of passenger motor vehicles, and not to exceed $1,500 for official
reception and representation expenses; $7,776,000.
Office of Personnel Management
Salaries and Expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office of
Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978
and the Civil Service Reform Act of 1978, including services as
authorized by 5 U.S.C. 3109, medical examinations performed for
veterans by private physicians on a fee basis, rental of conference
rooms in the District of Columbia and elsewhere, hire of passenger
motor vehicles, not to exceed $2,500 for official reception and
representation expenses, and advances for reimbursements to applicable
funds of the Office of Personnel Management and the Federal Bureau of
Investigation for expenses incurred under Executive Order 10422 of
January 9, 1953, as amended; $88,000,000, 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 $102,536,000 for administrative expenses, to be transferred
from the appropriate trust funds of the Office of Personnel Management
without regard to other statutes, including direct procurement of
health benefits printing, for the retirement and insurance programs, of
which $11,300,000 shall be transferred at such times as the Office of
Personnel Management deems appropriate, and shall remain available
until expended for the costs of automating the retirement recordkeeping
systems, together with remaining amounts authorized in previous Acts
for the recordkeeping systems: Provided, That the provisions of this
appropriation shall not affect the authority to use applicable trust
funds as provided by section 8348(a)(1)(B) of title 5, United States
Code: Provided further, That, except as may be consistent with 5 U.S.C.
8902a(f)(1) and (i), no payment may be made from the Employees Health
Benefits Fund to any physician, hospital, or other provider of health
care services or supplies who is, at the time such services or supplies
are provided to an individual covered under chapter 89 of title 5,
United States Code, excluded, pursuant to section 1128 or 1128A of the
Social Security Act (42 U.S.C. 1320a-7-1320a-7a), from participation in
any program under title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.): Provided further, That no part of this appropriation
shall be available for salaries and expenses of the Legal Examining
Unit of the Office of Personnel Management established pursuant to
Executive Order 9358 of July 1, 1943, or any successor unit of like
purpose: Provided further, That the President's Commission on White
House Fellows, established by Executive Order 11183 of October 3, 1964,
may, during the fiscal year ending September 30, 1996, accept donations
of money, property, and personal services in connection with the
development of a publicity brochure to provide information about the
White House Fellows, except that no such donations shall be accepted
for travel or reimbursement of travel expenses, or for the salaries of
employees of such Commission.
Office of Inspector General
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act, as amended,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles: $4,009,000, and in addition, not to exceed $6,181,000
for administrative expenses to audit the Office of Personnel
Management's retirement and insurance programs, to be transferred from
the appropriate trust funds of the Office of Personnel Management, as
determined by the Inspector General: Provided, That the Inspector
General is authorized to rent conference rooms in the District of
Columbia and elsewhere.
Government Payment for Annuitants, Employees Health Benefits
For payment of Government contributions with respect to retired
employees, as authorized by chapter 89 of title 5, United States Code,
and the Retired Federal Employees Health Benefits Act (74 Stat. 849),
as amended, $3,746,337,000 to remain available until expended.
Government Payment for Annuitants, Employee Life Insurance
For payment of Government contributions with respect to employees
retiring after December 31, 1989, as required by chapter 87 of title 5,
United States Code, such sums as may be necessary.
Payment to Civil Service Retirement and Disability Fund
For financing the unfunded liability of new and increased annuity
benefits becoming effective on or after October 20, 1969, as authorized
by 5 U.S.C. 8348, and annuities under special Acts to be credited to
the Civil Service Retirement and Disability Fund, such sums as may be
necessary: Provided, That annuities authorized by the Act of May 29,
1944, as amended, and the Act of August 19, 1950, as amended (33 U.S.C.
771-75), may hereafter be paid out of the Civil Service Retirement and
Disability Fund.
General Provisions--Office of Personnel Management
Section 1. Section 1104 of title 5, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) by inserting after ``title'' the following: ``, the
cost of which examinations shall be reimbursed by payments
from the agencies employing such judges to the revolving
fund established under section 1304(e)''; and
(ii) by striking the semicolon at the end of paragraph
(2) and inserting in lieu thereof a period; and
(B) by striking the matter following paragraph (2) through
``principles.''; and
(2) in subsection (b) by adding at the end the following new
paragraph:
``(4) At the request of the head of an agency to whom a
function has been delegated under subsection (a)(2), the Office may
provide assistance to the agency in performing such function. Such
assistance shall, to the extent determined appropriate by the
Director of the Office, be performed on a reimbursable basis
through the revolving fund established under section 1304(e).''.
Sec. 2. Subparagraph (B) of section 8348(a)(1) of title 5, United
States Code, is amended--
(1) by inserting ``in making an allotment or assignment made by
an individual under section 8345(h) or 8465(b) of this title,''
after ``law),''; and
(2) by striking ``title 26;'' and inserting ``title 26 or
section 8345(k) or 8469 of this title;''.
Sec. 3. Section 4(a) of the Federal Workforce Restructuring Act of
1994 (Public Law 103-226; 108 Stat. 111) is amended--
(1) by deleting ``Fiscal Years 1994 and 1995'' and inserting in
lieu thereof: ``Voluntary Separation Incentive Payments.--''; and
(2) in paragraph (1)(A) by striking ``and before October 1,
1995,''.
Sec. 4. Title 5, United States Code, is amended--
(1) in the second section designated as section 3329 (as added
by section 4431(a) of Public Law 102-484)--
(A) by redesignating such section as section 3330; and
(B) by adding at the end thereof the following new
subsection:
``(f) The Office may, to the extent it determines appropriate,
charge such fees to agencies for services provided under this section
and for related Federal employment information. The Office shall retain
such fees to pay the costs of providing such services and
information.''; and
(2) in the table of sections for chapter 33 by amending the
second item relating to section 3329 to read as follows:
``3330. Government-wide list of vacant positions.''.
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''.
Office of Special Counsel
Salaries and Expenses
For necessary expenses to carry out functions of the Office of
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978 (Public Law 95-454), the Whistleblower
Protection Act of 1989 (Public Law 101-12), Public Law 103-424, and the
Uniformed Services Employment and Reemployment Act of 1994 (Public Law
103-353), including services as authorized by 5 U.S.C. 3109, payment of
fees and expenses for witnesses, rental of conference rooms in the
District of Columbia and elsewhere, and hire of passenger motor
vehicles; $7,840,000.
United States Tax Court
Salaries and Expenses
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109; $33,269,000: Provided, That
travel expenses of the judges shall be paid upon the written
certificate of the judge.
This title may be cited as the ``Independent Agencies
Appropriations Act, 1996''.
TITLE V--GENERAL PROVISIONS
This Act
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or
under existing Executive order issued pursuant to existing law.
Sec. 503. None of the funds made available to the General Services
Administration pursuant to section 210(f) of the Federal Property and
Administrative Services Act of 1949 shall be obligated or expended
after the date of enactment of this Act for the procurement by contract
of any guard, elevator operator, messenger or custodial services if any
permanent veterans preference employee of the General Services
Administration at said date, would be terminated as a result of the
procurement of such services, except that such funds may be obligated
or expended for the procurement by contract of the covered services
with sheltered workshops employing the severely handicapped under
Public Law 92-28. Only if such workshops decline to contract for the
provision of the covered services may the General Services
Administration procure the services by competitive contract, for a
period not to exceed 5 years. At such time as such competitive contract
expires or is terminated for any reason, the General Services
Administration shall again offer to contract for the services from a
sheltered workshop prior to offering such services for competitive
procurement.
Sec. 504. None of the funds made available by this Act 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 prohibit the enforcement of section 307 of the
Tariff Act of 1930.
Sec. 505. None of the funds made available by this Act shall be
available for the purpose of transferring control over the Federal Law
Enforcement Training Center located at Glynco, Georgia, and Artesia,
New Mexico, out of the Treasury Department.
Sec. 506. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes within the United States
not heretofore authorized by the Congress.
Sec. 507. No part of any appropriation contained in this Act shall
be available for the payment of the salary of any officer or employee
of the United States Postal Service, who--
(1) prohibits or prevents, or attempts or threatens to prohibit
or prevent, any officer or employee of the United States Postal
Service from having any direct oral or written communication or
contact with any Member or committee of Congress in connection with
any matter pertaining to the employment of such officer or employee
or pertaining to the United States Postal Service in any way,
irrespective of whether such communication or contact is at the
initiative of such officer or employee or in response to the
request or inquiry of such Member or committee; or
(2) removes, suspends from duty without pay, demotes, reduces
in rank, seniority, status, pay, or performance of efficiency
rating, denies promotion to, relocates, reassigns, transfers,
disciplines, or discriminates in regard to any employment right,
entitlement, or benefit, or any term or condition of employment of,
any officer or employee of the United States Postal Service, or
attempts or threatens to commit any of the foregoing actions with
respect to such officer or employee, by reason of any communication
or contact of such officer or employee with any Member or committee
of Congress as described in paragraph (1) of this subsection.
Sec. 508. The Office of Personnel Management may, during the fiscal
year ending September 30, 1996, accept donations of supplies, services,
land and equipment for the Federal Executive Institute and Management
Development Centers to assist in enhancing the quality of Federal
management.
Sec. 509. The United States Secret Service may, during the fiscal
year ending September 30, 1996, accept donations of money to off-set
costs incurred while protecting former Presidents and spouses of former
Presidents when the former President or spouse travels for the purpose
of making an appearance or speech for a payment of money or any thing
of value.
Sec. 512. Notwithstanding any provision of this or any other Act,
during the fiscal year ending September 30, 1996, and thereafter, no
funds may be obligated or expended in any way to withdraw the
designation of the Virginia Inland Port at Front Royal, Virginia, as a
United States Customs Service port of entry.
Sec. 513. No part of any appropriation contained in this Act shall
be available to pay the salary for any person filling a position, other
than a temporary position, formerly held by an employee who has left to
enter the Armed Forces of the United States and has satisfactorily
completed his period of active military or naval service and has within
ninety days after his release from such service or from hospitalization
continuing after discharge for a period of not more than one year made
application for restoration to his former position and has been
certified by the Office of Personnel Management as still qualified to
perform the duties of his former position and has not been restored
thereto.
Sec. 514. None of the funds made available in this Act may be used
to provide any non-public information such as mailing or telephone
lists to any person or any organization outside of the Federal
Government without the approval of the House and Senate Committees on
Appropriations.
Sec. 515. Compliance With Buy American Act.--No funds appropriated
pursuant to this Act may be expended by an entity unless the entity
agrees that in expending the assistance the entity will comply with
sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c,
popularly known as the ``Buy American Act'').
Sec. 516. Sense of Congress; Requirement Regarding Notice.--(a)
Purchase of American-Made Equipment and Products.--In the case of any
equipment or products that may be authorized to be purchased with
financial assistance provided under this Act, it is the sense of the
Congress that entities receiving such assistance should, in expending
the assistance, purchase only American-made equipment and products.
(b) Notice to Recipients of Assistance.--In providing financial
assistance under this Act, the Secretary of the Treasury shall provide
to each recipient of the assistance a notice describing the statement
made in subsection (a) by the Congress.
Sec. 517. Prohibition of Contracts.--If it has been finally
determined by a court or Federal agency that any person intentionally
affixed a label bearing a ``Made in America'' inscription, or any
inscription with the same meaning, to any product sold in or shipped to
the United States that is not made in the United States, such person
shall be ineligible to receive any contract or subcontract made with
funds provided pursuant to this Act, pursuant to the debarment,
suspension, and ineligibility procedures described in section 9.400
through 9.409 of title 48, Code of Federal Regulations.
Sec. 518. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 1996 from appropriations made available for salaries
and expenses for fiscal year 1996 in this Act, shall remain available
through September 30, 1997 for each such account for the purposes
authorized: Provided, That a request shall be submitted to the House
and Senate Committees on Appropriations for approval prior to the
expenditure of such funds.
Sec. 519. 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 therefore 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.
Sec. 520. Notwithstanding any other provision of law or regulation:
(1) The authority of the special police officers of the Bureau of
Engraving and Printing, in the Washington, DC Metropolitan area,
extends to buildings and land under the custody and control of the
Bureau; to buildings and land acquired by or for the Bureau through
lease, unless otherwise provided by the acquisition agency; to the
streets, sidewalks and open areas immediately adjacent to the Bureau
along Wallenberg Place (15th Street) and 14th Street between
Independence and Maine Avenues and C and D Streets between 12th and
14th Streets; to areas which include surrounding parking facilities
used by Bureau employees, including the lots at 12th and C Streets, SW,
Maine Avenue and Water Streets, SW, Maiden Lane, the Tidal Basin and
East Potomac Park; to the protection in transit of United States
securities, plates and dies used in the production of United States
securities, or other products or implements of the Bureau of Engraving
and Printing which the Director of that agency so designates; (2) The
exercise of police authority by Bureau officers, with the exception of
the exercise of authority upon property under the custody and control
of the Bureau, shall be deemed supplementary to the Federal police
force with primary jurisdictional responsibility. This authority shall
be in addition to any other law enforcement authority which has been
provided to these officers under other provisions of law or
regulations.
Sec. 521. Section 5378 of title 5, United States Code, is amended
by adding: ``(8) Chief--not more than the maximum rate payable for GS-
14.''.
Sec. 522. 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: Provided, That all
receipts from Mint operations and programs, including the production
and sale of numismatic items, the production and sale of circulating
coinage, the protection of Government assets, and gifts and bequests of
property, real or personal shall be deposited into the Fund and shall
be available without fiscal year limitations: Provided further, That
all expenses incurred by the Secretary of the Treasury for operations
and programs of the United States Mint that the Secretary of the
Treasury determines, in the Secretary's sole discretion, to be ordinary
and reasonable incidents of Mint operations and programs, and any
expense incurred pursuant to any obligation or other commitment of Mint
operations and programs that was entered into before the establishment
of the Fund, shall be paid out of the Fund: Provided further, That not
to exceed 6.2415 percent of the nominal value of the coins minted,
shall be paid out of the Fund for the circulating coin operations and
programs in fiscal year 1996 for those operations and programs
previously provided for by appropriation: Provided further, That the
Secretary of the Treasury may borrow such funds from the General Fund
as may be necessary to meet existing liabilities and obligations
incurred prior to the receipt of revenues into the Fund: Provided
further, That the General Fund shall be reimbursed for such funds by
the Fund within one year of the date of the loan: Provided further,
That the Fund may retain receipts from the Federal Reserve System from
the sale of circulating coins at face value for deposit into the Fund
(retention of receipts is for the circulating operations and programs):
Provided further, That the Secretary of the Treasury shall transfer to
the Fund all assets and liabilities of the Mint operations and
programs, including all Numismatic Public Enterprise Fund assets and
liabilities, all receivables, unpaid obligations and unobligated
balances from the Mint's appropriation, the Coinage Profit Fund, and
the Coinage Metal Fund, and the land and buildings of the Philadelphia
Mint, Denver Mint, and the Fort Knox Bullion Depository: Provided
further, That the Numismatic Public Enterprise Fund, the Coinage Profit
Fund and the Coinage Metal Fund shall cease to exist as separate funds
as their activites and functions are subsumed under and subject to the
Fund, and the requirements of 31 USC 5134(c)(4), (c)(5)(B), and (d) and
(e) of the Numismatic Public Enterprise Fund shall apply to the Fund:
Provided further, That at such times as the Secretary of the Treasury
determines appropriate, but not less than annually, any amount in the
Fund that is determined to be in excess of the amount required by the
Fund shall be transferred to the Treasury for deposit as miscellaneous
receipts: Provided further, That the term ``Mint operations and
programs'' means (1) the activities concerning, and assets utilized in,
the production, administration, distribution, marketing, purchase,
sale, and management of coinage, numismatic items, the protection and
safeguarding of Mint assets and those non-Mint assets in the custody of
the Mint, and the Fund; and (2) includes capital, personnel salaries
and compensation, functions relating to operations, marketing,
distribution, promotion, advertising, official reception and
representation, the acquisition or replacement of equipment, the
renovation or modernization of facilities, and the construction or
acquisition of new buildings: Provided further, That the term
``numismatic item'' includes any medal, proof coin, uncirculated coin,
bullion coin, numismatic collectible, other monetary issuances and
products and accessories related to any such medal or coin: 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.
Sec. 523. Section 531 of Public Law 103-329, is amended by
inserting, ``of the first section'', after ``adding at the end''.
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, after the last
day of the contract currently in force for any such negotiated plan.
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.
Sec. 526. Notwithstanding any other provision of law, the
Administrator of General Services shall delegate the authority to
procure automatic data processing equipment for the Tax Systems
Modernization Program to the Secretary of the Treasury: Provided, That
the Director of the Office of Management and Budget shall have the
authority to revoke such delegation upon the written recommendation of
the Administrator that the Secretary's actions under such delegation
are inconsistent with the goals of economic and efficient procurement
and utilization of automatic data processing equipment: Provided
further, That for all other purposes, a procurement conducted under
such delegation shall be treated as if made under a delegation by the
Administrator pursuant to 40 U.S.C. 759.
Sec. 527. Relief of Certain Periodical Publications.--For mail
classification purposes under section 3626 of title 39, United States
Code, and any regulations of the United States Postal Service for the
administration of that section, a weekly second-class periodical
publication which--
(i) is eligible to publish legal notices under any applicable
laws of the State where it is published;
(ii) is eligible to be mailed at the rates for mail under
former subsection 4358 (a), (b), and (c) of title 39, United States
Code, as limited by current subsection 3626(g) of that title; and
(iii) the pages of which were customarily secured by 2 staples
before March 19, 1989;
shall not be considered to be a bound publication solely because its
pages continue to be secured by 2 staples after that date.
Sec. 528. (a) Prior to February 15, 1996, none of the funds
appropriated by this Act may, with respect to an individual employed by
the Bureau of the Public Debt in the Washington metropolitan region on
April 10, 1991, be used to separate, reduce the grade or pay of, or
carry out any other adverse personnel action against such individual
for declining to accept a directed reassignment to a position outside
such region, pursuant to a transfer of any such Bureau's operations or
functions to Parkersburg, West Virginia.
(b) Subsection (a) shall not apply with respect to any individual
who, prior to February 15, 1996, declines an offer of another position
in the Department of the Treasury which is of at least equal pay and
which is within the Washington metropolitan region.
Sec. 529. 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''.
Sec. 530. 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.
Sec. 531. 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.''.
TITLE VI--GOVERNMENTWIDE GENERAL PROVISIONS
Departments, Agencies, and Corporations
Section 601. Funds appropriated in this or any other Act may be
used to pay travel to the United States for the immediate family of
employees serving abroad in cases of death or life threatening illness
of said employee.
Sec. 602. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 1996 shall obligate or expend any such funds, unless such
department, agency, or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to ensure that
all of its workplaces are free from the illegal use, possession, or
distribution of controlled substances (as defined in the Controlled
Substances Act) by the officers and employees of such department,
agency, or instrumentality.
Sec. 603. Notwithstanding 31 U.S.C. 1345, any agency, department or
instrumentality of the United States which provides or proposes to
provide child care services for Federal employees may reimburse any
Federal employee or any person employed to provide such services for
travel, transportation, and subsistence expenses incurred for training
classes, conferences or other meetings in connection with the provision
of such services: Provided, That any per diem allowance made pursuant
to this section shall not exceed the rate specified in regulations
prescribed pursuant to section 5707 of title 5, United States Code.
Sec. 604. Unless otherwise specifically provided, the maximum
amount allowable during the current fiscal year in accordance with
section 16 of the Act of August 2, 1946 (60 Stat. 810), for the
purchase of any passenger motor vehicle (exclusive of buses,
ambulances, law enforcement, and undercover surveillance vehicles), is
hereby fixed at $8,100 except station wagons for which the maximum
shall be $9,100: Provided, That these limits may be exceeded by not to
exceed $3,700 for police-type vehicles, and by not to exceed $4,000 for
special heavy-duty vehicles: Provided further, That the limits set
forth in this section may not be exceeded by more than five percent for
electric or hybrid vehicles purchased for demonstration under the
provisions of the Electric and Hybrid Vehicle Research, Development,
and Demonstration Act of 1976: Provided further, That the limits set
forth in this section may be exceeded by the incremental cost of clean
alternative fuels vehicles acquired pursuant to Public Law 101-549 over
the cost of comparable conventionally fueled vehicles.
Sec. 605. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances, in accordance with 5 U.S.C. 5922-24.
Sec. 606. Unless otherwise specified during the current fiscal year
no part of any appropriation contained in this or any other Act shall
be used to pay the compensation of any officer or employee of the
Government of the United States (including any agency the majority of
the stock of which is owned by the Government of the United States)
whose post of duty is in the continental United States unless such
person (1) is a citizen of the United States, (2) is a person in the
service of the United States on the date of enactment of this Act who,
being eligible for citizenship, has filed a declaration of intention to
become a citizen of the United States prior to such date and is
actually residing in the United States, (3) is a person who owes
allegiance to the United States, (4) is an alien from Cuba, Poland,
South Vietnam, the countries of the former Soviet Union, or the Baltic
countries lawfully admitted to the United States for permanent
residence, (5) South Vietnamese, Cambodian, and Laotian refugees
paroled in the United States after January 1, 1975, or (6) nationals of
the People's Republic of China that qualify for adjustment of status
pursuant to the Chinese Student Protection Act of 1992: Provided, That
for the purpose of this section, an affidavit signed by any such person
shall be considered prima facie evidence that the requirements of this
section with respect to his or her status have been complied with:
Provided further, That any person making a false affidavit shall be
guilty of a felony, and, upon conviction, shall be fined no more than
$4,000 or imprisoned for not more than one year, or both: Provided
further, That the above penal clause shall be in addition to, and not
in substitution for, any other provisions of existing law: Provided
further, That any payment made to any officer or employee contrary to
the provisions of this section shall be recoverable in action by the
Federal Government. This section shall not apply to citizens of
Ireland, Israel, the Republic of the Philippines or to nationals of
those countries allied with the United States in the current defense
effort, or to international broadcasters employed by the United States
Information Agency, or to temporary employment of translators, or to
temporary employment in the field service (not to exceed sixty days) as
a result of emergencies.
Sec. 607. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment
to the General Services Administration for charges for space and
services and those expenses of renovation and alteration of buildings
and facilities which constitute public improvements performed in
accordance with the Public Buildings Act of 1959 (73 Stat. 749), the
Public Buildings Amendments of 1972 (87 Stat. 216), or other applicable
law.
Sec. 608. In addition to funds provided in this or any other Act,
all Federal agencies are authorized to receive and use funds resulting
from the sale of materials recovered through recycling or waste
prevention programs. Such funds shall be available until expended for
the following purposes:
(1) Acquisition, waste reduction and prevention and recycling
programs as described in Executive Order 12873 (October 20, 1993),
including any such programs adopted prior to the effective date of
the Executive Order.
(2) Other Federal agency environmental management programs,
including but not limited to, the development and implementation of
hazardous waste management and pollution prevention programs.
(3) Other employee programs as authorized by law or as deemed
appropriate by the head of the Federal agency.
Sec. 609. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations
and agencies subject to chapter 91 of title 31, United States Code,
shall be available, in addition to objects for which such funds are
otherwise available, for rent in the District of Columbia; services in
accordance with 5 U.S.C. 3109; and the objects specified under this
head, all the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the Act by
which they are made available: Provided, That in the event any
functions budgeted as administrative expenses are subsequently
transferred to or paid from other funds, the limitations on
administrative expenses shall be correspondingly reduced.
Sec. 610. No part of any appropriation for the current fiscal year
contained in this or any other Act shall be paid to any person for the
filling of any position for which he or she has been nominated after
the Senate has voted not to approve the nomination of said person.
Sec. 611. Any department or agency to which the Administrator of
General Services has delegated the authority to operate, maintain or
repair any building or facility pursuant to section 205(d) of the
Federal Property and Administrative Services Act of 1949, as amended,
shall retain that portion of the GSA rental payment available for
operation, maintenance or repair of the building or facility, as
determined by the Administrator, and expend such funds directly for the
operation, maintenance or repair of the building or facility. Any funds
retained under this section shall remain available until expended for
such purposes.
Sec. 612. Pursuant to section 1415 of the Act of July 15, 1952 (66
Stat. 662), foreign credits (including currencies) owed to or owned by
the United States may be used by Federal agencies for any purpose for
which appropriations are made for the current fiscal year (including
the carrying out of Acts requiring or authorizing the use of such
credits), only when reimbursement therefor is made to the Treasury from
applicable appropriations of the agency concerned: Provided, That such
credits received as exchanged allowances or proceeds of sales of
personal property may be used in whole or part payment for acquisition
of similar items, to the extent and in the manner authorized by law,
without reimbursement to the Treasury.
Sec. 613. No part of any appropriation contained in this or any
other Act shall be available for interagency financing of boards,
commissions, councils, committees, or similar groups (whether or not
they are interagency entities) which do not have a prior and specific
statutory approval to receive financial support from more than one
agency or instrumentality.
Sec. 614. Funds made available by this or any other Act to the
``Postal Service Fund'' (39 U.S.C. 2003) shall be available for
employment of guards for all buildings and areas owned or occupied by
the Postal Service and under the charge and control of the Postal
Service, and such guards shall have, with respect to such property, the
powers of special policemen provided by the first section of the Act of
June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318), and, as to
property owned or occupied by the Postal Service, the Postmaster
General may take the same actions as the Administrator of General
Services may take under the provisions of sections 2 and 3 of the Act
of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318a, 318b),
attaching thereto penal consequences under the authority and within the
limits provided in section 4 of the Act of June 1, 1948, as amended (62
Stat. 281; 40 U.S.C. 318c).
Sec. 615. None of the funds made available pursuant to the
provisions of this Act shall be used to implement, administer, or
enforce any regulation which has been disapproved pursuant to a
resolution of disapproval duly adopted in accordance with the
applicable law of the United States.
Sec. 616. (a) Notwithstanding any other provision of law, and
except as otherwise provided in this section, no part of any of the
funds appropriated for the fiscal year ending on September 30, 1996, 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--
(1) during the period from the date of expiration of the
limitation imposed by section 617 of the Treasury, Postal Service
and General Government Appropriations Act, 1995, until the normal
effective date of the applicable wage survey adjustment that is to
take effect in fiscal year 1996, in an amount that exceeds the rate
payable for the applicable grade and step of the applicable wage
schedule in accordance with such section 617; and
(2) during the period consisting of the remainder of fiscal
year 1996, in an amount that exceeds, as a result of a wage survey
adjustment, the rate payable under paragraph (1) by more than the
sum of--
(A) the percentage adjustment taking effect in fiscal year
1996 under section 5303 of title 5, United States Code, in the
rates of pay under the General Schedule; and
(B) the difference between the overall average percentage
of the locality-based comparability payments taking effect in
fiscal year 1996 under section 5304 of such title (whether by
adjustment or otherwise), and the overall average percentage of
such payments which was effective in fiscal year 1995 under
such section.
(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 (a) 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
not in existence on September 30, 1995, 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, 1995, except to the extent determined
by the Office of Personnel Management to be consistent with the purpose
of this section.
(e) This section shall apply with respect to pay for service
performed after September 30, 1995.
(f) For the purpose of administering any provision of law
(including section 8431 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 to any employee covered by this section at a rate
in excess of the rate that would be payable were this section not in
effect.
(h) The Office of Personnel Management may provide for exceptions
to the limitations imposed by this section if the Office determines
that such exceptions are necessary to ensure the recruitment or
retention of qualified employees.
Sec. 617. During the period in which the head of any department or
agency, or any other officer or civilian employee of the Government
appointed by the President of the United States, holds office, no funds
may be obligated or expended in excess of $5,000 to furnish or
redecorate the office of such department head, agency head, officer or
employee, or to purchase furniture or make improvements for any such
office, unless advance notice of such furnishing or redecoration is
expressly approved by the Committees on Appropriations of the House and
Senate. For the purposes of this section, the word ``office'' shall
include the entire suite of offices assigned to the individual, as well
as any other space used primarily by the individual or the use of which
is directly controlled by the individual.
Sec. 618. Notwithstanding any other provision of law, no executive
branch agency shall purchase, construct, and/or lease any additional
facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without the advance approval of the House and Senate Committees on
Appropriations.
Sec. 619. Notwithstanding section 1346 of title 31, United States
Code, or Sec. 613 of this Act, funds made available for fiscal year
1996 by this or any other Act shall be available for the interagency
funding of national security and emergency preparedness
telecommunications initiatives which benefit multiple Federal
departments, agencies, or entities, as provided by Executive Order
Numbered 12472 (April 3, 1984).
Sec. 620. Notwithstanding any provisions of this or any other Act,
during the fiscal year ending September 30, 1996, and hereafter, any
department, division, bureau, or office may use funds appropriated by
this or any other Act to install telephone lines, and necessary
equipment, and to pay monthly charges, in any private residence or
private apartment of an employee who has been authorized to work at
home in accordance with guidelines issued by the Office of Personnel
Management: Provided, That the head of the department, division,
bureau, or office certifies that adequate safeguards against private
misuse exist, and that the service is necessary for direct support of
the agency's mission.
Sec. 621. (a) None of the funds appropriated by this or any other
Act may be obligated or expended by any Federal department, agency, or
other instrumentality for the salaries or expenses of any employee
appointed to a position of a confidential or policy-determining
character excepted from the competitive service pursuant to section
3302 of title 5, United States Code, without a certification to the
Office of Personnel Management from the head of the Federal department,
agency, or other instrumentality employing the Schedule C appointee
that the Schedule C position was not created solely or primarily in
order to detail the employee to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed services detailed to or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense for the
collection of specialized national foreign intelligence through
reconnaissance programs;
(5) the Bureau of Intelligence and Research of the Department
of State;
(6) any agency, office, or unit of the Army, Navy, Air Force,
and Marine Corps, the Federal Bureau of Investigation and the Drug
Enforcement Administration of the Department of Justice, the
Department of Transportation, the Department of the Treasury, and
the Department of Energy performing intelligence functions; and
(7) the Director of Central Intelligence.
Sec. 622. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 1996 shall obligate or expend any such funds, unless such
department, agency or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to ensure that
all of its workplaces are free from discrimination and sexual
harassment and that all of its workplaces are not in violation of title
VII of the Civil Rights Act of 1964, as amended, the Age Discrimination
in Employment Act of 1967, and the Rehabilitation Act of 1973.
Sec. 623. 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, not directly
responsible for the discharge of official governmental tasks and
duties: Provided, That this restriction shall not apply to the family
of the President, Members of Congress or their spouses, 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.
Sec. 624. 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.
Sec. 625. (a) Beginning in fiscal year 1996 and thereafter, for
each Federal agency, except the Department of Defense (which has
separate authority), 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 remaining 50
percent of 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.
Sec. 627. (a) None of the funds made available in this Act may be
obligated or expended for any employee training when it is made known
to the Federal official having authority to obligate or expend such
funds that such employee training--
(1) does not meet identified needs for knowledge, skills, and
abilities bearing directly upon the performance of official duties;
(2) contains elements likely to induce high levels of emotional
response or psychological stress in some participants;
(3) does not require prior employee notification of the content
and methods to be used in the training and written end of course
evaluation;
(4) contains any methods or content associated with religious
or quasi-religious belief systems or ``new age'' belief systems as
defined in Equal Employment Opportunity Commission Notice N-
915.022, dated September 2, 1988;
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace; or
(6) includes content related to human immunodeficiency virus/
acquired immune deficiency syndrome (HIV/AIDS) other than that
necessary to make employees more aware of the medical ramifications
of HIV/AIDS and the workplace rights of HIV-positive employees.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 628. 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.
Sec. 629. (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.
(c) The Comptroller General of the United States shall conduct and
deliver a comprehensive analysis of the cost to the Federal Government
of all Federal agency telecommunications services and traffic, by
agency, and provide such report to the House and Senate Committees on
Appropriations by no later than May 31, 1996: Provided, That such
report shall (1) identify which agencies are using FTS2000 systems; (2)
determine whether or not such usage is cost-effective; and (3) provide
a comparison of telecommunication costs between agencies that use or do
not use FTS2000.
Sec. 630. (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''.
Sec. 631. (a) Section 5402 of title 39, United States Code, is
amended--
(1) in subsection (f) by striking out ``During the period
beginning January 1, 1985, 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) up to 7,500 pounds payload capacity before being
selected as a carrier of nonpriority bypass mail at an
applicable intra-Alaska bush service mail rate; and
``(ii) over 7,500 pounds payload capacity 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.
(c) Section 41901(g) of title 49, United States Code, is repealed.
Sec. 632. 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) with respect to a loan or extension of credit for more than
60 days, unless the President 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 Procedures for a Resolution of Disapproval.--A
presidential certification pursuant to subsection (b) shall not take
effect, if the Congress, within thirty calendar days after receiving
such certification, enacts a joint resolution of disapproval, as
described in paragraph (5) of this subsection.
(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 15 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 632(b) of the Treasury, Postal Service, and
General Government Appropriations Act, 1996, notice of which was
submitted to the Congress on .'', with the 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.
Sec. 633. For purposes of each provision of law amended by section
704(a)(2) of the Ethics Reform Act of 1989 (5 U.S.C. 5318 note), no
adjustment under section 5303 of title 5, United States Code, shall be
considered to have taken effect in fiscal year 1996 in the rates of
basic pay for the statutory pay systems.
Sec. 634. 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.
Sec. 636. This section may be cited as the ``Prohibition of
Cigarette Sales to Minors in Federal Buildings and Lands Act''.
(a) 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.
(b)(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.
(c) 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.
(d)(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 Oversight, 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)).
(e) 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 (b)(1).
Sec. 637. 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 $7.3 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 thirteen
members, as follows:
(A) Five members appointed by the President, two from the
executive branch of the Government, two from private life, and
one from an organization that represents a substantial number
of Internal Revenue Service employees.
(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 not to exceed 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 and 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 the
Treasury is authorized on a nonreimbursable basis to provide 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 nonreimbursable 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.
(h) Authorization of Appropriations.--Such sums as may be necessary
are authorized to be appropriated for the activities of the Commission.
(i) Appropriations.--Notwithstanding any other provision of this
Act, $1,000,000 shall be available from fiscal year 1996 funds
appropriated to the Internal Revenue Service, ``Information systems''
account, for the activities of the Commission, to remain available
until expended.
Sec. 638. The Administrator of General Services shall, within six
months of enactment of this Act, 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) 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.
Sec. 639. 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''.
Sec. 640. 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.
This Act may be cited as the ``Treasury, Postal Service, and
General Government Appropriations Act, 1996''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.