[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2020 Reported in House (RH)]
Union Calendar No. 94
104th CONGRESS
1st Session
H. R. 2020
[Report No. 104-183]
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
July 12, 1995
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
Union Calendar No. 94
104th CONGRESS
1st Session
H. R. 2020
[Report No. 104-183]
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 12, 1995
Mr. Lightfoot, from the Committee on Appropriations, reported the
following bill; which was committed to the Committee of the Whole House
on the State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
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 September
30, 1998, shall be available 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; $104,000,500.
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.
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 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;
$20,273,000: 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 (except that the Director may waive reimbursement and may
pay travel expenses, not to exceed 75 percent of the total training and
travel cost, when the Director determines that it is in the public
interest to do so); 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 Center is
authorized to obligate funds to provide for site security and expansion
of antiterrorism training facilities: 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,
$8,163,000, to remain available until expended.
Financial Management Service
salaries and expenses
For necessary expenses of the Financial Management Service,
$181,837,000, of which not to exceed $14,277,000 shall remain available
until September 30, 1988 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; $391,035,000, 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 without publishing prior
notice in the Federal Register and allowing for public comment:
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; $1,389,829,000, of which such sums as become available
in the Customs User Fee Account, except sums subject to section
13031(f)(3) of the Consolidated Omnibus Reconciliation Act of 1985, as
amended (19 U.S.C. 58c(f)(3)), shall be derived from that Account; of
the total, not to exceed $150,000 shall be available for payment for
rental space in connection with preclearance operations, and not to
exceed $4,000,000 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.
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; $60,993,000 of which $5,644,000 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: $1,682,742,000, of which
$3,700,000 shall be for the Tax Counseling for the Elderly Program, no
amount of which shall be available for IRS administrative costs, 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 $4,254,476,000, 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 sector 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; $1,575,216,000, 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, $70,000,000 may not be
obligated until the Commissioner of the Internal Revenue Service
reports to the Committees on Appropriations of the House and Senate on
the implementation of Tax Systems Modernization.
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:
Provided further, That no funds shall be transferred from the ``Tax Law
Enforcement'' account during fiscal year 1996.
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; $542,461,000.
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), $51,686,000, of which:
$33,865,000 shall be available to the United States Customs Service for
expenses associated with ``Operation Hardline''; $2,221,000 to the
Financial Crimes Enforcement Network; $3,100,000 to the Bureau of
Alcohol, Tobacco and Firearms for the development and dissemination of
ballistic technologies as part of the ``Ceasefire'' program;
$10,000,000 to the United States Secret Service; and $2,500,000 to the
Federal Law Enforcement Training Center in Glynco, Georgia; and
(b) As authorized by section 32401, $12,200,000, 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. 103. Not to exceed 2 per centum of any appropriations in this
Act for the Department of the Treasury may be transferred between such
appropriations. Notwithstanding any authority to transfer funds between
appropriations contained in this or any other Act, no transfer may
increase or decrease any appropriation in this Act by more than 2 per
centum and any such proposed transfers shall be approved in advance by
the Committees on Appropriations of the House and Senate.
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.
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; $7,522,000, to be expended and
accounted for as provided by 3 U.S.C. 105, 109-110, 112-114.
Official Residence of the Vice President
operating expenses
For the care, 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; $3,175,000.
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; $6,459,000.
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; $55,426,000, of which no more than $6,631,000 shall be
available for the Office of National Security and International
Affairs, no more than $6,699,000 shall be available for the Office of
General Government and Finance, no more than $7,368,000 shall be
available for the Office of Natural Resources, Energy and Science, no
more than $4,085,000 shall be available for the Office of Health and
Personnel, no more than $3,867,000 shall be available for the Office of
Human Resources, no more than $2,325,000 shall be available for the
Office of Federal Financial Management, no more than $5,198,000 shall
be available for the Office of Information and Regulatory Affairs, no
more than $2,407,000 shall be available for the Office of Federal
Procurement Policy, no more than $16,912,000 shall be available for the
Office of the Director, the Office of the Deputy Director, the Office
of the Deputy Director for Management, the Office of Communications,
the Office of the General Counsel, the Office of Legislative Affairs,
the Office of Economic Policy, the Office of Administration, the
Legislative Reference Division, and the Budget Review Division, 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
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;
$20,062,000, of which $10,200,000, 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
which $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, $104,000,000
for drug control activities consistent with the approved strategy for
each of the designated High Intensity Drug Trafficking Areas, of which
no less than $52,000,000 shall be transferred to State and local
entities for drug control activities; and of which up to $52,000,000
may be transferred to Federal agencies and departments at a rate to be
determined by the Director; and of which up to $3,000,000 may be
available to the Director for transfer to Federal agencies, or State
and local entities, or non-profit organizations to support special
demonstration projects that provide systematic programming to reduce
drug use and trafficking in designated targeted areas: Provided, That
the funds made available under this head shall be obligated within 90
days of the date of enactment of this Act, except those funds made
available to the Director to support special demonstration projects
which shall be obligated by June 1, 1996.
This title may be cited as the ``Executive Office Appropriations
Act, 1996''.
TITLE IV--INDEPENDENT AGENCIES
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; $1,682,000.
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; $19,742,000: 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
The revenues and collections deposited into the Fund established
pursuant to section 210(f) of the Federal Property and Administrative
Services Act of 1949, as amended (40 U.S.C. 490(f)), 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 $5,066,822,000, of which (1) not to exceed
$367,777,000 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, $10,321,000
Florida:
Tallahassee, U.S. Courthouse Annex, $9,606,000
Georgia:
Savannah, U.S. Courthouse Annex, $1,039,000
Louisiana:
Lafayette, Federal Building and U.S. Courthouse,
$11,826,000
Maryland:
Montgomery and Prince George's Counties, Food and
Drug Administration, Phase II, $65,764,000
Nebraska:
Omaha, Federal Building and U.S. Courthouse,
$21,370,000
Nevada:
Las Vegas, U.S. Courthouse, $38,404,000
New Mexico:
Albuquerque, Federal Building and U.S. Courthouse,
$2,450,000
New York:
Brooklyn, U.S. Courthouse, $49,040,000
Central Islip, Federal Building and U.S.
Courthouse, $75,641,000
North Dakota:
Pembina, Border Station, $4,445,000
Ohio:
Youngstown, U.S. Courthouse, $6,974,000
Pennsylvania:
Scranton, Federal Building and U.S. Courthouse
Annex, $9,638,000
South Carolina:
Columbia, U.S. Courthouse Annex, $1,425,000
Texas:
Austin, Veterans Affairs Annex, $3,176,000
Brownsville, Federal Building and U.S. Courthouse,
$10,981,000
Washington:
Blaine, U.S. Border Station, $6,168,000
Point Roberts, U.S. Border Station, $1,406,000
West Virginia:
Martinsburg, Internal Revenue Service Computer
Center, $25,363,000
Non-Prospectus Projects Program, $12,740,000:
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 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 $713,086,000 shall remain available
until expended, for repairs and alterations which includes associated
design and construction services: 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
Colorado:
Lakewood, Denver Federal Center Building 25, $29,351,000
District of Columbia:
Heating Plant Stacks, $11,141,000
Lafayette Building, $33,157,000
ICC/Connecting Wing Complex/Customs (phase 2/3),
$58,275,000
Treasury Department Building, Repair and Alteration,
$7,194,000
White House, Roof Repair and Restoration, $2,220,000
Illinois:
Chicago, Federal Center, $45,971,000
Maryland:
Woodlawn, SSA East High-Low Buildings, $17,422,000
New York:
New York, Silvio V. Mollo Federal Building, $4,182,000
North Dakota:
Bismarck, Federal Building, Post Office and U.S.
Courthouse, $7,119,000
Pennsylvania:
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, $12,724,000
Nationwide:
Chlorofluorocarbons Program, $50,430,000
Elevator Program, $13,109,000
Energy Program, $25,000,000
Advance Design, $24,608,000
Basic Repairs and Alterations, $307,278,000: 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 $2,341,100,000
for rental of space which shall remain available until expended; and
(5) not to exceed $1,389,463,000 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 General Services Administration shall establish a
``Federal Triangle Office'' reporting directly to the Commissioner of
the Public Buildings Service for the purpose of completing the design
and construction of the Federal Triangle Building: Provided further,
That the Federal Triangle Office shall continue to utilize the
procurement and operating procedures established for the project
pursuant to the Federal Triangle Development Act (40 U.S.C. 1104), and
to implement and enforce the Development Agreement and other contracts
and agreements developed for the project: 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 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 $5,066,822,000 shall remain in
the Fund and shall not be available for expenditure except as
authorized in appropriations Acts.
policy and oversight
For necessary expenses, not otherwise provided, for government-wide
policy and oversight activities associated with asset management,
property management, supply management, travel and transportation,
telecommunications and information technology; to fund the Board of
Contract Appeals; services authorized by 5 U.S.C. 3109; and not to
exceed $5,000 for official reception and representation expenses;
$62,499,000.
operating expenses
For expenses authorized by law, not otherwise provided for,
necessary for utilization of excess and surplus personal property;
transportation; procurement; supply; and information technology
activities; the utilization survey, deed compliance inspection,
appraisal, environmental and cultural analysis, and land use planning
functions pertaining to excess and surplus real property; 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; $49,130,000.
office of inspector general
For necessary expenses of the Office of Inspector General and
services authorized by 5 U.S.C. 3109, $32,549,000: 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 and the Office of
Management and Budget and does not reflect the priorities of the
Administrative Office of the Courts 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. Not to exceed 5 percent of funds made available under the
heading ``Operating Expenses'' and ``Office of Policy and Oversight''
may be transferred between such appropriations upon the advance
approval of the House and Senate Committees on Appropriations.
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, $21,129,000, 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, $193,291,000:
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.
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,
$4,000,000 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; $85,524,000 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: 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 a reduction in force in the Office of Federal Investigations
prior to June 30, 1996.
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 striking ``(except competitive
examinations for administrative law judges
appointed under section 3105 of this title)'';
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.''.
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; $32,899,000: 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
Section 501. No part of any appropriation made available in this
Act shall be used for the purchase or sale of real estate or for the
purpose of establishing new offices inside or outside the District of
Columbia: Provided, That this limitation shall not apply to programs
which have been approved by the Congress and appropriations made
therefor.
Sec. 502. 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. 503. 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. 504. 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. 505. 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. 506. 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. 507. 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. 508. 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. 509. Funds under this Act shall be available as authorized by
sections 4501-4506 of title 5, United States Code, when the achievement
involved is certified, or when an award for such achievement is
otherwise payable, in accordance with such sections. Such funds may not
be used for any purpose with respect to which the preceding sentence
relates beyond fiscal year 1996.
Sec. 510. 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, the Federal
Quality Institute, and Management Development Centers to assist in
enhancing the quality of Federal management.
Sec. 511. 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. None of the funds made available by this Act may be used
to withdraw the designation of the Virginia Inland Port at Front Royal,
Virginia, as a United States Customs Service port of entry.
Sec. 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. Notwithstanding any other provision of law, there is
hereby established in the Treasury of the United States, a United
States Mint Public Enterprise Fund (the ``Fund''): 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: 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 and the General Fund shall be reimbursed for
such funds by the Fund within one year of the date of the loan and
retain receipts from the Federal Reserve System from the sale of
circulating coins at face value for deposit into the Fund; and 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'' means any medal, proof coin, uncirculated coin,
bullion coin, or other coin specifically designated by statute as a
numismatic item, including products and accessories related to any such
medal, coin, or item.
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.
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.
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. None of the funds in this Act may be obligated or
expended for employee training that does not meet identified needs for
knowledge, skills and abilities bearing directly upon the performance
of official duties.
Sec. 529. (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.
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, or (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. (a) No amount of any grant made by a Federal agency shall
be used to finance the acquisition of goods or services (including
construction services) unless the recipient of the grant agrees, as a
condition for the receipt of such grant, to--
(1) specify in any announcement of the awarding of the
contract for the procurement of the goods and services involved
(including construction services) the amount of Federal funds
that will be used to finance the acquisition; and
(2) express the amount announced pursuant to paragraph (1)
as a percentage of the total costs of the planned acquisition.
(b) The requirements of subsection (a) shall not apply to a
procurement for goods or services (including construction services)
that has an aggregate value of less than $500,000.
Sec. 620. Notwithstanding section 1346 of title 31, United States
Code, 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. 621. 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. 622. (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. 623. 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. 624. 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. 625. 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. 626. (a) Beginning in fiscal year 1996 and thereafter, for
each Federal agency, except the Department of Defense (which has
separate authority), 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. Notwithstanding any other provision of law, there is
hereby established a Commission which shall be known as the
``Commission on Federal Mandates'' (hereafter referred to as the
``Commission''): Provided, That the Commission shall be composed of
nine Members appointed from individuals who possess extensive
leadership experience in and knowledge of State, local, and tribal
governments and intergovernmental relations, including State and local
elected officials, as follows: (1) three Members appointed by the
Speaker of the House of Representatives, in consultation with the
minority leader of the House of Representatives; (2) three Members
appointed by the majority leader of the Senate, in consultation with
the minority leader of the Senate: and (3) three Members appointed by
the President: Provided further, That appointments may be made under
this section without regard to section 5311(b) of title 5, United
States Code: Provided further, That in general, each member of the
Commission shall be appointed for the life of the Commission and a
vacancy in the Commission shall be filled in the manner in which the
original appointment was made: Provided further, That (1) Members of
the Commission shall serve without pay; (2) Members of the Commission
who are full-time officers or employees of the United States may not
receive additional pay, allowances or benefits by reason of their
service on the Commission; and (3) Each Member of the Commission may
receive travel expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5, United States Code:
Provided further, That the Commission shall convene its first meeting
by not later than 15 days after the date of the completion of
appointment of the Members of the Commission: Provided further, That
the Commission shall report on Federal mandates as specified in
sections 302 (a), (c), (d), (e), and (f) of Public Law 104-4: Provided
further, That the Commission shall have all authorities specified under
section 303 of Public Law 104-4: Provided further, That the term
``Federal mandate'' shall have the same meaning as specified in section
305 of Public Law 104-4, notwithstanding sections 3 and 4 of that law:
Provided further, That the Commission shall terminate 90 days after
making the final report identified above.
This Act may be cited as the ``Treasury, Postal Service, and
General Government Appropriations Act, 1996''.
HR 2020 RH----2
HR 2020 RH----3
HR 2020 RH----4
HR 2020 RH----5
HR 2020 RH----6
HR 2020 RH----7