[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2020 Reported in Senate (RS)]
Calendar No. 157
104th CONGRESS
1st Session
H. R. 2020
[Report No. 104-121]
_______________________________________________________________________
AN ACT
Making appropriations for the Treasury Department, the United States
Postal Service, the Executive Office of the President, and certain
Independent Agencies, for the fiscal year ending September 30, 1996,
and for other purposes.
_______________________________________________________________________
July 20 (legislative day, July 10), 1995
Received; read twice and referred to the Committee on Appropriations
July 27 (legislative day, July 10), 1995
Reported with amendments
Calendar No. 157
104th CONGRESS
1st Session
H. R. 2020
[Report No. 104-121]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 20 (legislative day, July 10), 1995
Received; read twice and referred to the Committee on Appropriations
July 27 (legislative day, July 10), 1995
Reported by Mr. Shelby, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
AN ACT
Making appropriations for the Treasury Department, the United States
Postal Service, the Executive Office of the President, and certain
Independent Agencies, for the fiscal year ending September 30, 1996,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Treasury Department, the United States Postal
Service, the Executive Office of the President, and certain Independent
Agencies, for the fiscal year ending September 30, 1996, and for other
purposes, namely:
TITLE I--DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Annex; hire of
passenger motor vehicles; maintenance, repairs, and improvements of,
and purchase of commercial insurance policies for, real properties
leased or owned overseas, when necessary for the performance of
official business; not to exceed $2,900,000 for official travel
expenses; not to exceed $2,950,000 to remain available until
<DELETED>September 30, 1998, shall be available </DELETED>expended for
information technology modernization requirements; not to exceed
$150,000 for official reception and representation expenses; not to
exceed $258,000 for unforeseen emergencies of a confidential nature, to
be allocated and expended under the direction of the Secretary of the
Treasury and to be accounted for solely on his certificate;
<DELETED>$104,000,500 </DELETED>$105,929,000.
treasury building and annex repair and restoration
For the repair, alteration, and improvement of the Treasury
Building and annex, $7,684,000, to remain available until expended.
Counter-Drug Technology Assessment Center
salaries, expenses, research and development
For salaries, expenses, research and development activities of the
Counter-Drug Technology Assessment Center, $20,500,000, of which
$20,000,000 shall remain available until expended for counternarcotics
research and development projects and shall be available for transfer
to other Federal departments or agencies by the Under Secretary for
Enforcement, after consultation with the Chief Scientist of the Center.
high intensity drug trafficking areas
(including transfer of funds)
For necessary expenses of High Intensity Drug Trafficking Areas for
drug control activities consistent with an annual strategy approved by
the Under Secretary for Enforcement for each of the designated High
Intensity Drug Trafficking Areas, $110,000,000, of which no less than
$55,000,000 shall be transferred to State and local entities for drug
control activities; and of which up to $55,000,000 may be transferred
to Federal agencies and departments at a rate to be determined by the
Under Secretary for Enforcement: Provided, That the funds made
available under this heading shall be obligated within 120 days of the
date of enactment of this Act.
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;
<DELETED>$29,319,000 </DELETED>$30,067,000.
treasury forfeiture fund
For necessary expenses of the Treasury Forfeiture Fund, as
authorized by Public Law 102-393, not to exceed $15,000,000, to be
derived from deposits in the Fund.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; <DELETED>travel expenses of
non-Federal personnel to attend meetings concerned with financial
intelligence activities, law enforcement, and financial regulation;
</DELETED>not to exceed $14,000 for official reception and
representation expenses <DELETED>$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 </DELETED>$22,198,000.
Federal Law Enforcement Training Center
salaries and expenses
For necessary expenses of the Federal Law Enforcement Training
Center, as a bureau of the Department of the Treasury, including
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 <DELETED>(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)</DELETED>; 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:
<DELETED>Provided further, That the Center is authorized to obligate
funds to provide for site security and expansion of antiterrorism
training facilities: </DELETED>Provided further, That the Federal Law
Enforcement Training Center is authorized to provide short term medical
services for students undergoing training at the Center;
<DELETED>$36,070,000 </DELETED>$34,006,000, 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,
<DELETED>$8,163,000 </DELETED>$9,663,000, to remain available until
expended.
Financial Management Service
salaries and expenses
For necessary expenses of the Financial Management Service,
<DELETED>$181,837,000 </DELETED>$186,070,000, of which not to exceed
$14,277,000 shall remain available until <DELETED>September 30, 1988
</DELETED>expended for systems modernization initiatives. In addition,
$90,000, to be derived from the Oil Spill Liability Trust Fund, to
reimburse the Service for administrative and personnel expenses for
financial management of the Fund, as authorized by section 1012 of
Public Law 101-380.
Bureau of Alcohol, Tobacco and Firearms
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco and
Firearms, including purchase of not to exceed six hundred and fifty
vehicles for police-type use for replacement only and hire of passenger
motor vehicles; hire of aircraft; and services of expert witnesses at
such rates as may be determined by the Director; for payment of per
diem and/or subsistence allowances to employees where an assignment to
the National Response Team during the investigation of a bombing or
arson incident requires an employee to work 16 hours or more per day or
to remain overnight at his or her post of duty; not to exceed $10,000
for official reception and representation expenses; for training of
State and local law enforcement agencies with or without reimbursement;
provision of laboratory assistance to State and local agencies, with or
without reimbursement; <DELETED>$391,035,000 </DELETED>$377,971,000, of
which not to exceed $1,000,000 shall be available for the payment of
attorneys' fees as provided by 18 U.S.C. 924(d)(2); and of which
$1,000,000 shall be available for the equipping of any vessel, vehicle,
equipment, or aircraft available for official use by a State or local
law enforcement agency if the conveyance will be used in drug-related
joint law enforcement operations with the Bureau of Alcohol, Tobacco
and Firearms and for the payment of overtime salaries, travel, fuel,
training, equipment, and other similar costs of State and local law
enforcement officers that are incurred in joint operations with the
Bureau of Alcohol, Tobacco and Firearms: Provided, That no funds made
available by this or any other Act may be used to implement a<divide>ny
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: <DELETED>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: </DELETED>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; <DELETED>$1,392,429,000 </DELETED>$1,387,153,000, of
which such sums as become available in the Customs User Fee Account,
except sums subject to section 13031(f)(3) of the Consolidated Omnibus
Reconciliation Act of 1985, as amended (19 U.S.C. 58c(f)(3)), shall be
derived from that Account; of 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: <DELETED>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</DELETED>
Provided further, That $750,000 shall be available for additional part-
time and temporary positions in the Honolulu Customs District.
harbor maintenance fee collection
For administrative expenses related to the collection of the Harbor
Maintenance Fee, pursuant to Public Law 103-182, $3,000,000, to be
derived from the Harbor Maintenance Trust Fund and to be transferred to
and merged with the Customs ``Salaries and Expenses'' account for such
purposes.
operation and maintenance, air and marine interdiction programs
For expenses, not otherwise provided for, necessary for the
operation and maintenance of marine vessels, aircraft, and other
related equipment of the Air and Marine Programs, including operational
training and mission-related travel, and rental payments for facilities
occupied by the air or marine interdiction or demand reduction
programs, the operations of which include: the interdiction of
narcotics and other goods; the provision of support to Customs and
other Federal, State, and local agencies in the enforcement or
administration of laws enforced by the Customs Service; and, at the
discretion of the Commissioner of Customs, the provision of assistance
to Federal, State, and local agencies in other law enforcement and
emergency humanitarian efforts; <DELETED>$60,993,000
</DELETED>$68,543,000 which <DELETED>of which $5,644,000
</DELETED>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: <DELETED>$1,682,742,000
</DELETED>$1,767,309,000, 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 <DELETED>$4,254,476,000
</DELETED>$4,097,294,000, of which not to exceed $1,000,000 shall
remain available until September 30, 1998 for research: Provided, That
$13,000,000 shall be used to initiate a program to utilize private
<DELETED>sector </DELETED>counsel law firms and debt collection
agencies in the collection activities of the Internal Revenue Service
in compliance with section 104 of this Act.
information systems
For necessary expenses for data processing and telecommunications
support for Internal Revenue Service activities, including: tax systems
modernization (modernized developmental systems), modernized
operational systems, services and compliance, and support systems; and
for the hire of passenger motor vehicles (31 U.S.C. 1343(b)); and
services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner; <DELETED>$1,575,216,000
</DELETED>$1,442,605,000, of which no less than $670,000,000 shall be
available for tax systems modernization activities, of which up to
$185,000,000 for tax and information systems development projects shall
remain available until September 30, 1998: <DELETED>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 </DELETED>Provided,
That not later than 60 days after the date of enactment of this Act the
Commissioner of the Internal Revenue Service shall provide to the
Committees on Appropriations of the House and the Senate a report that
(1) identifies, evaluates, and prioritizes all systems investments
planned for fiscal year 1996, using explicit decision criteria, and (2)
explains in detail and provides a completion schedule for all actions
being taken by the Internal Revenue Service to successfully mitigate
deficiencies recently identified by the General Accounting Office in
the Internal Revenue Service's business strategy, management and
technical infrastructure, and the management process in place to
implement its tax system modernization: Provided further, That not
later than 30 days after the submission of the Commissioner's report
the General Accounting Office shall provide the Committees on
Appropriations of the House and the Senate an independent assessment of
that report: Provided further, That none of the funds appropriated for
tax systems modernization, except those funds needed to operate and
maintain current systems, shall be available for obligation until
expressly approved by the Committees on Appropriations of the House and
the Senate.
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<DELETED>:-Provided further, That no funds shall be
transferred from the ``Tax Law Enforcement'' account during fiscal year
1996</DELETED>.
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; <DELETED>$542,461,000
</DELETED>$534,502,000.
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:
<DELETED> (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</DELETED>
(a) As authorized by section 190001(e), $68,300,000, of which:
$17,500,000 shall be available to the United States Customs Service for
expenses associated with ``Operation Hardline''; of which $2,500,000
shall be available to the Financial Crimes Enforcement Network; of
which $24,700,000 shall be available to the Bureau of Alcohol, Tobacco
and Firearms, of which no less than $21,200,000 shall be available to
annualize the salaries and related costs for the fiscal year 1995
counter-terrorism initiative, and of which no less than $3,500,000
shall be available for administering the Gang Resistance Education and
Training program; of which $21,600,000 and up to an additional 150
full-time equivalent positions which shall be in addition to those
funded in the ``salaries and expenses'' account and which shall be
available to the United States Secret Service to support White House
security and anti-counterfeiting activities, and of which no less than
$1,600,000 shall be available for enhancing forensics technology to aid
missing and exploited children investigations; and of which $2,000,000
shall be available to the Federal Law Enforcement Training Center; and
(b) As authorized by section 32401, <DELETED>$12,200,000
</DELETED>$7,200,000, for disbursement through grants, cooperative
agreements or contracts, to local governments for Gang Resistance
Education and Training: Provided, That notwithstanding sections 32401
and 310001, such funds shall be allocated only to the affected State
and local law enforcement and prevention organizations participating in
such projects.
General Provisions--Department of the Treasury
Section 101. Any obligation or expenditure by the Secretary in
connection with law enforcement activities of a Federal agency or a
Department of the Treasury law enforcement organization in accordance
with 31 U.S.C. 9703(g)(4)(B) from unobligated balances remaining in the
Fund on September 30, 1996, shall be made in compliance with the
reprogramming guidelines contained in the House and Senate reports
accompanying this Act.
Sec. 102. Appropriations to the Treasury Department in this Act
shall be available for uniforms or allowances therefor, as authorized
by law (5 U.S.C. 5901), including maintenance, repairs, and cleaning;
purchase of insurance for official motor vehicles operated in foreign
countries; purchase of motor vehicles without regard to the general
purchase price limitation for vehicles purchased and used overseas for
the current fiscal year; entering into contracts with the Department of
State for the furnishing of health and medical services to employees
and their dependents serving in foreign countries; and services
authorized by 5 U.S.C. 3109.
<DELETED> 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.</DELETED>
Sec. 104. None of the funds appropriated by this title shall be
used in connection with the collection of any underpayment of any tax
imposed by the Internal Revenue Code of 1986 unless the conduct of
officers and employees of the Internal Revenue Service in connection
with such collection, including any private sector employees under
contract to the Internal Revenue Service, complies with subsection (a)
of section 805 (relating to communications in connection with debt
collection), and section 806 (relating to harassment or abuse), of the
Fair Debt Collection Practices Act (15 U.S.C. 1692).
Sec. 105. The Internal Revenue Service shall institute policies and
procedures which will safeguard the confidentiality of taxpayer
information.
Sec. 106. The funds provided to the Bureau of Alcohol, Tobacco and
Firearms for fiscal year 1996 in this Act for the enforcement of the
Federal Alcohol Administration Act shall be expended in a manner so as
not to diminish enforcement efforts with respect to section 105 of the
Federal Alcohol Administration Act.
Sec. 107. Notwithstanding any other provision of law, Customs
personnel funded through reimbursement from the Puerto Rico Trust Fund
shall not be reduced as the result of work force reductions required
under Executive order or other guidance to Executive branch agencies in
fiscal year 1996.
Sec. 108. The Secretary of the Treasury is authorized in fiscal
year 1996 and hereafter, to use Treasury Department aircraft, with or
without reimbursement, to assist bureaus within the Department of the
Treasury or other Federal agencies, Departments or offices outside of
the Department of the Treasury to provide emergency law enforcement
support to protect human life, property, public health, or safety.
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; <DELETED>$39,459,000 </DELETED>$38,131,000.
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; <DELETED>$7,522,000
</DELETED>$7,827,000, to be expended and accounted for as provided by 3
U.S.C. 105, 109-110, 112-114.
white house repair and restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House, $2,200,000, to remain available until
expended for replacement of the White House roof, to be expended and
accounted for as provided by 3 U.S.C. 105, 109-110, 112-114.
Official Residence of the Vice President
operating expenses
For the care, operation, refurnishing, improvement, heating and
lighting, including electric power and fixtures, of the official
residence of the Vice President, the hire of passenger motor vehicles,
and not to exceed $90,000 for official entertainment expenses of the
Vice President, to be accounted for solely on his certificate;
$324,000: Provided, That advances or repayments or transfers from this
appropriation may be made to any department or agency for expenses of
carrying out such activities.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions, services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
including subsistence expenses as authorized by 3 U.S.C. 106, which
shall be expended and accounted for as provided in that section; and
hire of passenger motor vehicles; <DELETED>$3,175,000
</DELETED>$3,280,000.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council in carrying out its functions
under the Employment Act of 1946 (15 U.S.C. 1021), $3,439,000.
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; <DELETED>$6,459,000
</DELETED>$6,648,000.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration;
<DELETED>$25,736,000 </DELETED>$25,560,000, 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; <DELETED>$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 </DELETED>$55,907,000, of which not to exceed
$5,000,000 shall be available to carry out the provisions of 44 U.S.C.
chapter 35: Provided, That, as provided in 31 U.S.C. 1301(a),
appropriations shall be applied only to the objects for which
appropriations were made except as otherwise provided by law: Provided
further, That none of the funds appropriated in this Act for the Office
of Management and Budget may be used for the purpose of reviewing any
agricultural marketing orders or any activities or regulations under
the provisions of the Agricultural Marketing Agreement Act of 1937 (7
U.S.C. 601 et seq.): Provided further, That none of the funds made
available for the Office of Management and Budget by this Act may be
expended for the altering of the transcript of actual testimony of
witnesses, except for testimony of officials of the Office of
Management and Budget, before the Committee on Appropriations or the
Committee on Veterans' Affairs or their subcommittees: Provided
further, That this proviso shall not apply to printed hearings released
by the Committee on Appropriations or the Committee on Veterans'
Affairs: Provided further, That the Director of Office of Management
and Budget shall submit to the House and Senate Committees on
Appropriations (1) an analysis for the period of 30 fiscal years
beginning with fiscal year 1996, of the estimated levels of total
budget outlays and total new budget authority, the estimated revenues
to be received, the estimated surplus or deficit, if any, for each
major Federal entitlement program for each fiscal year in such period:
Provided further, That no funds shall be obligated for salaries and
expenses after 60 days of the date of enactment of this Act if the
Director of the Office of Management and Budget has not submitted such
analysis to the House and Senate Committees on Appropriations prior to
such date.
Information Security Oversight Office
For necessary expenses of the Information Security Oversight
Office, $1,482,000.
<DELETED>Office of National Drug Control Policy</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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.</DELETED>
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.
<DELETED>Federal Drug Control Programs</DELETED>
<DELETED>high intensity drug trafficking areas program</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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.</DELETED>
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; <DELETED>$1,682,000 </DELETED>$1,800,000.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, as amended; <DELETED>$26,521,000, of
which no less than $1,500,000 shall be available for internal automated
data processing systems </DELETED>$28,517,000, of which not to exceed
$5,000 shall be available for reception and representation
expenses<DELETED>: 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</DELETED>.
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; <DELETED>$19,742,000
</DELETED>$21,398,000: Provided, That public members of the Federal
Service Impasses Panel may be paid travel expenses and per diem in lieu
of subsistence as authorized by law (5 U.S.C. 5703) for persons
employed intermittently in the Government service, and compensation as
authorized by 5 U.S.C. 3109: Provided further, That notwithstanding 31
U.S.C. 3302, funds received from fees charged to non-Federal
participants at labor-management relations conferences shall be
credited to and merged with this account, to be available without
further appropriation for the costs of carrying out these conferences.
General Services Administration
Federal Buildings Fund
limitations on availability of revenue
(including rescission)
<DELETED>The revenues and collections deposited into </DELETED>For
additional expenses necessary to carry out the purpose of the Fund
established pursuant to section 210(f) of the Federal Property and
Administrative Services Act of 1949, as amended (40 U.S.C. 490(f)),
$86,000,000, to be deposited into said Fund shall be available for
necessary expenses of real property management and related activities
not otherwise provided for, including operation, maintenance, and
protection of Federally owned and leased buildings; rental of buildings
in the District of Columbia; restoration of leased premises; moving
governmental agencies (including space adjustments and
telecommunications relocation expenses) in connection with the
assignment, allocation and transfer of space; contractual services
incident to cleaning or servicing buildings, and moving; repair and
alteration of federally owned buildings including grounds, approaches
and appurtenances; care and safeguarding of sites; maintenance,
preservation, demolition, and equipment; acquisition of buildings and
sites by purchase, condemnation, or as otherwise authorized by law;
acquisition of options to purchase buildings and sites; conversion and
extension of Federally owned buildings; preliminary planning and design
of projects by contract or otherwise; construction of new buildings
(including equipment for such buildings); and payment of principal,
interest, taxes, and any other obligations for public buildings
acquired by installment purchase and purchase contract, in the
aggregate amount of <DELETED>$5,066,822,000 </DELETED>$5,087,819,000,
of which (1) not to exceed <DELETED>$367,777,000 </DELETED>$573,872,000
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:
<DELETED> New Construction:</DELETED>
<DELETED> Colorado:</DELETED>
<DELETED> Lakewood, Denver Federal Center, U.S.
Geological Survey Lab Building, $10,321,000</DELETED>
<DELETED> Florida:</DELETED>
<DELETED> Tallahassee, U.S. Courthouse Annex,
$9,606,000</DELETED>
<DELETED> Georgia:</DELETED>
<DELETED> Savannah, U.S. Courthouse Annex,
$1,039,000</DELETED>
<DELETED> Louisiana:</DELETED>
<DELETED> Lafayette, Federal Building and U.S.
Courthouse, $11,826,000</DELETED>
<DELETED> Maryland:</DELETED>
<DELETED> Montgomery and Prince Georges Counties,
Food and Drug Administration, $65,764,000</DELETED>
<DELETED> Nebraska:</DELETED>
<DELETED> Omaha, Federal Building and U.S.
Courthouse, $21,370,000</DELETED>
<DELETED> Nevada:</DELETED>
<DELETED> Las Vegas, U.S. Courthouse,
$38,404,000</DELETED>
<DELETED> New Mexico:</DELETED>
<DELETED> Albuquerque, Federal Building and U.S.
Courthouse, $2,450,000</DELETED>
<DELETED> New York:</DELETED>
<DELETED> Brooklyn, U.S. Courthouse,
$49,040,000</DELETED>
<DELETED> Central Islip, Federal Building and U.S.
Courthouse, $75,641,000</DELETED>
<DELETED> North Dakota:</DELETED>
<DELETED> Pembina, Border Station,
$4,445,000</DELETED>
<DELETED> Ohio:</DELETED>
<DELETED> Youngstown, U.S. Courthouse,
$6,974,000</DELETED>
<DELETED> Pennsylvania:</DELETED>
<DELETED> Scranton, Federal Building and U.S.
Courthouse Annex, $9,638,000</DELETED>
<DELETED> South Carolina:</DELETED>
<DELETED> Columbia, U.S. Courthouse Annex,
$1,425,000</DELETED>
<DELETED> Texas:</DELETED>
<DELETED> Austin, Veterans Affairs Annex,
$3,176,000</DELETED>
<DELETED> Brownsville, Federal Building and U.S.
Courthouse, $10,981,000</DELETED>
<DELETED> Washington:</DELETED>
<DELETED> Blaine, U.S. Border Station,
$6,168,000</DELETED>
<DELETED> Point Roberts, U.S. Border Station,
$1,406,000</DELETED>
<DELETED> West Virginia:</DELETED>
<DELETED> Martinsburg, Internal Revenue Service
Computer Center, $25,363,000</DELETED>
<DELETED> Non-Prospectus Projects Program,
$12,740,000:</DELETED>
New Construction:
Colorado:
Lakewood, Denver Federal Center, U.S. Geological
Survey Lab Building, $25,802,000
Florida:
Tallahassee, U.S. Courthouse Annex, $24,015,000
Georgia:
Savannah, U.S. Courthouse Annex, $2,597,000
Louisiana:
Lafayette, Federal Building and U.S. Courthouse,
$29,565,000
Maryland:
Montgomery and Prince Georges Counties, Food and
Drug Administration, $87,000,000
Nebraska:
Omaha, Federal Building and U.S. Courthouse,
$53,424,000
New Mexico:
Albuquerque, Federal Building and U.S. Courthouse,
$6,126,000
New York:
Central Islip, Federal Building and U.S.
Courthouse, $189,102,000
North Dakota:
Pembina, Border Station, $11,113,000
Pennsylvania:
Scranton, Federal Building and U.S. Courthouse
Annex, $24,095,000
South Carolina:
Columbia, U.S. Courthouse Annex, $3,562,000
Texas:
Austin, Veterans Affairs Annex, $7,940,000
Brownsville, Federal Building and U.S. Courthouse,
$27,452,000
Washington:
Point Roberts, U.S. Border Station, $3,516,000
Seattle, U.S. Courthouse, $8,305,000
West Virginia:
Martinsburg, Internal Revenue Service Computer
Center, $63,408,000
Non-prospectus Projects Program, $6,850,000:
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: <DELETED>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: </DELETED>Provided
further, That of the funds made available for the District of Columbia,
Southeast Federal Center, under the heading, ``Real Property
Activities, Federal Buildings Fund, Limitations on Availability of
Revenue'' in Public Law 101-509, $55,000,000 are rescinded: Provided
further, That the limitation on the availability of revenue contained
in such Act is reduced by $55,000,000: Provided further, That all funds
for direct construction projects shall expire on September 30, 1997,
and remain in the Federal Buildings Fund except funds for projects as
to which funds for design or other funds have been obligated in whole
or in part prior to such date: Provided further, That claims against
the Government of less than $250,000 arising from direct construction
projects, acquisitions of buildings and purchase contract projects
pursuant to Public Law 92-313, be liquidated with prior notification to
the Committees on Appropriations of the House and Senate to the extent
savings are effected in other such projects; (2) not to exceed
<DELETED>$713,086,000 </DELETED>$627,000,000 shall remain available
until expended, for repairs and alterations which includes associated
design and construction services: Provided further, That the amounts
provided in this or any prior Act for Repairs and Alterations may be
used to fund costs associated with implementing security improvements
to buildings necessary to meet the minimum standards for security in
accordance with current law and in compliance with the reprogramming
guidelines of the appropriate Committees of the House and Senate:
Provided further, That funds in the Federal Buildings Fund for Repairs
and Alterations shall, for prospectus projects, be limited to the
amount by project as follows, except each project may be increased by
an amount not to exceed 10 per centum unless advance approval is
obtained from the Committees on Appropriations of the House and Senate
of a greater amount:
<DELETED> Repairs and Alterations:</DELETED>
<DELETED> Arkansas:</DELETED>
<DELETED> Little Rock, Federal Building,
$7,551,000</DELETED>
<DELETED> California:</DELETED>
<DELETED> Sacramento, Federal Building (2800 Cottage Way),
$13,636,000</DELETED>
<DELETED> Colorado:</DELETED>
<DELETED> Lakewood, Denver Federal Center Building 25,
$29,351,000</DELETED>
<DELETED> District of Columbia:</DELETED>
<DELETED> Heating Plant Stacks, $11,141,000</DELETED>
<DELETED> Lafayette Building, $33,157,000</DELETED>
<DELETED> ICC/Connecting Wing Complex/Customs (phase 2/3),
$58,275,000</DELETED>
<DELETED> Treasury Department Building, Repair and
Alteration, $7,194,000</DELETED>
<DELETED> White House, Roof Repair and Restoration,
$2,220,000</DELETED>
<DELETED> Illinois:</DELETED>
<DELETED> Chicago, Federal Center, $45,971,000</DELETED>
<DELETED> Maryland:</DELETED>
<DELETED> Woodlawn, SSA East High-Low Buildings,
$17,422,000</DELETED>
<DELETED> New York:</DELETED>
<DELETED> New York, Silvio V. Mollo Federal Building,
$4,182,000</DELETED>
<DELETED> North Dakota:</DELETED>
<DELETED> Bismarck, Federal Building, Post Office and U.S.
Courthouse, $7,119,000</DELETED>
<DELETED> Pennsylvania:</DELETED>
<DELETED> Philadelphia, SSA Building, Mid-Atlantic Program
Service Center, $11,376,000</DELETED>
<DELETED> Puerto Rico:</DELETED>
<DELETED> Old San Juan, Post Office and U.S. Courthouse,
$25,701,000</DELETED>
<DELETED> Texas:</DELETED>
<DELETED> Dallas, Federal Building (Griffin St.),
$5,641,000</DELETED>
<DELETED> Washington:</DELETED>
<DELETED> Richland, Federal Building, U.S. Post Office and
Courthouse, $12,724,000</DELETED>
<DELETED> Nationwide:</DELETED>
<DELETED> Chlorofluorocarbons Program, $50,430,000</DELETED>
<DELETED> Elevator Program, $13,109,000</DELETED>
<DELETED> Energy Program, $25,000,000</DELETED>
<DELETED> Advance Design, $24,608,000</DELETED>
Repairs and Alterations:
Arkansas:
Little Rock, Federal Building, $7,551,000
California:
Sacramento, Federal Building (2800 Cottage Way),
$13,636,000
District of Columbia:
ICC/Connecting Wing Complex/Customs (phase 2/3),
$58,275,000
Illinois:
Chicago, Federal Center, $45,971,000
Maryland:
Woodlawn, SSA East High-Low Buildings, $17,422,000
North Dakota:
Bismarck, Federal Building, Post Office and U.S.
Courthouse, $7,119,000
Pennsylvania:
Philadelphia, Byrne-Green Complex, $30,909,000
Philadelphia, SSA Building, Mid-Atlantic Program
Service Center, $11,376,000
Puerto Rico:
Old San Juan, Post Office and U.S. Courthouse,
$25,701,000
Texas:
Dallas, Federal Building (Griffin St.), $5,641,000
Nationwide:
Chlorofluorocarbons Program, $43,533,000
Elevator Program, $13,109,000
Energy Program, $20,000,000
Advance Design, $22,000,000
Basic Repairs and Alterations, <DELETED>$307,278,000
</DELETED>$304,757,000: Provided further, That additional projects for
which prospectuses have been fully approved may be funded under this
category only if advance approval is obtained from the Committees on
Appropriations of the House and Senate: Provided further, That the
difference between the funds appropriated and expended on any projects
in this or any prior Act, under the heading ``Repairs and
Alterations'', may be transferred to Basic Repairs and Alterations or
used to fund authorized increases in prospectus projects: Provided
further, That all funds for repairs and alterations prospectus projects
shall expire on September 30, 1997, and remain in the Federal Buildings
Fund except funds for projects as to which funds for design or other
funds have been obligated in whole or in part prior to such date:
<DELETED>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: </DELETED>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 <DELETED>$2,341,100,000 </DELETED>$2,329,000,000 for rental of
space which shall remain available until expended; and (5) not to
exceed <DELETED>$1,389,463,000 </DELETED>$1,302,551,000, of which not
to exceed $1,000,000 shall be available for logistical support and
personnel services for the Xth Paralympiad for building operations
which shall remain available until expended: Provided further, That
funds available to the General Services Administration shall not be
available for expenses in connection with any construction, repair,
alteration, and acquisition project for which a prospectus, if required
by the Public Buildings Act of 1959, as amended, has not been approved,
except that necessary funds may be expended for each project for
required expenses in connection with the development of a proposed
prospectus: <DELETED>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: </DELETED>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 <DELETED>$5,066,822,000 </DELETED>$5,087,819,000 shall
remain in the Fund and shall not be available for expenditure except as
authorized in appropriations Acts.
<DELETED>policy and oversight</DELETED>
<DELETED> 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.</DELETED>
<DELETED>operating expenses</DELETED>
<DELETED> 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.</DELETED>
salaries and expenses, policy, leadership and operations
For expenses authorized by law, not otherwise provided for,
necessary for asset management activities; utilization of excess and
surplus personal property; transportation management activities;
procurement and supply management activities; Government-wide and
internal responsibilities relating to automated data management,
telecommunications, information resources management, and related
technology activities; utilization survey, deed compliance inspection,
appraisal, environmental and cultural analysis, and land use planning
functions pertaining to excess and surplus real property; agency-wide
policy direction; Board of Contract Appeals; accounting, records
management, and other support services incident to adjudication of
Indian Tribal Claims by the United States Court of Federal Claims;
services as authorized by 5 U.S.C. 3109; and not to exceed $5,000 for
official reception and representation expenses; $118,449,000.
office of inspector general
For necessary expenses of the Office of Inspector General and
services authorized by 5 U.S.C. 3109, <DELETED>$32,549,000
</DELETED>$34,000,000: Provided, That not to exceed $5,000 shall be
available for payment for information and detection of fraud against
the Government, including payment for recovery of stolen Government
property: Provided further, That not to exceed $2,500 shall be
available for awards to employees of other Federal agencies and private
citizens in recognition of efforts and initiatives resulting in
enhanced Office of Inspector General effectiveness.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25, 1958, as
amended (3 U.S.C. 102 note), and Public Law 95-138; $2,181,000:
Provided, That the Administrator of General Services shall transfer to
the Secretary of the Treasury such sums as may be necessary to carry
out the provisions of such Acts.
general provisions--general services administration
Section 1. The appropriate appropriation or fund available to the
General Services Administration shall be credited with the cost of
operation, protection, maintenance, upkeep, repair, and improvement,
included as part of rentals received from Government corporations
pursuant to law (40 U.S.C. 129).
Sec. 2. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 3. Funds in the Federal Buildings Fund made available for
fiscal year 1996 for Federal Buildings Fund activities may be
transferred between such activities only to the extent necessary to
meet program requirements. Any proposed transfers shall be approved in
advance by the Committees on Appropriations of the House and Senate.
Sec. 4. No funds made available by this Act shall be used to
transmit a fiscal year 1997 request for United States Courthouse
construction that does not meet the standards for construction as
established by the General Services Administration, the Judicial
Conference of the United States, and the Office of Management and
Budget and does not reflect the priorities of the
<DELETED>Administrative Office of the Courts </DELETED>Judicial
Conference of the United States as set out in its approved five-year
construction plan.
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
Sec. 8. None of the funds appropriated by this Act may be obligated
or expended in any way for the purpose of the sale, excessing,
surplusing, or disposal of lands in the vicinity of Norfolk Lake,
Arkansas, administered by the Corps of Engineers, Department of the
Army, without the specific approval of the Congress.
Sec. 9. None of the funds appropriated by this Act may be obligated
or expended in any way for the purpose of the sale, excessing,
surplusing, or disposal of lands in the vicinity of Bull Shoals Lake,
Arkansas, administered by the Corps of Engineers, Department of the
Army, without the specific approval of the Congress.
Sec. 10. Section 17(c) of Public Law 101-136 is amended by--
(a) striking ``within 3 years of date of conveyance,'' and
inserting in lieu thereof, ``simultaneously''; and by striking
the remainder of the first sentence following, ``the islands of
Hawaii, Oahu, and Molokai'' and inserting a period immediately
thereafter; and
(b) in paragraph (2) by striking ``in the exchange
described in subsection (c)(1)'' and inserting, ``or
recreational'' immediately after the word, ``educational''.
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, <DELETED>$21,129,000
</DELETED>$24,549,000, together with not to exceed $2,430,000 for
administrative expenses to adjudicate retirement appeals to be
transferred from the Civil Service Retirement and Disability Fund in
amounts determined by the Merit Systems Protection Board.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the administration of the
National Archives and records and related activities, as provided by
law, and for expenses necessary for the review and declassification of
documents, and for the hire of passenger motor vehicles,
<DELETED>$193,291,000 </DELETED>$199,633,000, of which $4,500,000 shall
be available until expended for cataloging, archiving and digitizing
activities: Provided, That the Archivist of the United States is
authorized to use any excess funds available from the amount borrowed
for construction of the National Archives facility, for expenses
necessary to move into the facility.
archives facilities and presidential libraries
repairs and restoration
For the repair, alteration, and improvement of archives facilities
and presidential libraries, $1,500,000, to remain available until
expended.
National Historical Publications and Records Commission
grants program
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, as amended,
<DELETED>$4,000,000 </DELETED>$5,000,000 to remain available until
expended.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office of
Government Ethics pursuant to the Ethics in Government Act of 1978, as
amended by Public Law 100-598, and the Ethics Reform Act of 1989,
Public Law 101-194, including services as authorized by 5 U.S.C. 3109,
rental of conference rooms in the District of Columbia and elsewhere,
hire of passenger motor vehicles, and not to exceed $1,500 for official
reception and representation expenses; <DELETED>$7,776,000
</DELETED>$8,328,000.
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; <DELETED>$85,524,000
</DELETED>$96,384,000, of which not to exceed $1,000,000 shall be made
available for the establishment of health promotion and disease
prevention programs for Federal employees and in addition
<DELETED>$102,536,000 </DELETED>$93,261,000 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<DELETED>:-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</DELETED>.
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.
<DELETED>General Provisions--Office of Personnel Management</DELETED>
General Provision--Office of Personnel Management
<DELETED> Section 1. Section 1104 of title 5, United States Code, is
amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in paragraph (2)--</DELETED>
<DELETED> (i) by striking ``(except
competitive examinations for administrative law
judges appointed under section 3105 of this
title)''; and</DELETED>
<DELETED> (ii) by striking the semicolon at
the end of paragraph (2) and inserting in lieu
thereof a period; and</DELETED>
<DELETED> (B) by striking the matter following
paragraph (2) through ``principles.''; and</DELETED>
<DELETED> (2) in subsection (b) by adding at the end the
following new paragraph:</DELETED>
<DELETED> ``(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).''.</DELETED>
<DELETED> Sec. 2. Subparagraph (B) of section 8348(a)(1) of title 5,
United States Code, is amended--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) by striking ``title 26;'' and inserting
``title 26 or section 8345(k) or 8469 of this
title;''.</DELETED>
<DELETED> Sec. 3. Section 4(a) of the Federal Workforce
Restructuring Act of 1994 (Public Law 103-226; 108 Stat. 111) is
amended--</DELETED>
<DELETED> (1) by deleting ``Fiscal Years 1994 and 1995'' and
inserting in lieu thereof: ``Voluntary Separation Incentive
Payments.--''; and</DELETED>
<DELETED> (2) in paragraph (1)(A) by striking ``and before
October 1, 1995,''.</DELETED>
<DELETED> Sec. 4. Title 5, United States Code, is amended--
</DELETED>
<DELETED> (1) in the second section designated as section
3329 (as added by section 4431(a) of Public Law 102-484)--
</DELETED>
<DELETED> (A) by redesignating such section as
section 3330; and</DELETED>
<DELETED> (B) by adding at the end thereof the
following new subsection:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (2) in the table of sections for chapter 33 by
amending the second item relating to section 3329 to read as
follows:</DELETED>
<DELETED>``3330. Government-wide list of vacant positions.''.
</DELETED> Sec. 5. Section 1 under the subheading ``General
Provision'' under the heading ``Office of Personnel Management'' under
title IV of the Treasury, Postal Service and General Government
Appropriations Act, 1992 (Public Law 102-141; 105 Stat. 861; 5 U.S.C.
5941 note), as amended by section 532 of the Treasury, Postal Service
and General Government Appropriations Act, 1995 (Public Law 103-329;
108 Stat. 2413), is further amended by striking ``1996'' both places it
appears and inserting in lieu thereof ``1998''.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office of
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978 (Public Law 95-454), the Whistleblower
Protection Act of 1989 (Public Law 101-12), Public Law 103-424, and the
Uniformed Services Employment and Reemployment Act of 1994 (Public Law
103-353), including services as authorized by 5 U.S.C. 3109, payment of
fees and expenses for witnesses, rental of conference rooms in the
District of Columbia and elsewhere, and hire of passenger motor
vehicles; $7,840,000.
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109; <DELETED>$32,899,000
</DELETED>$33,639,000: 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
<DELETED> 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.</DELETED>
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.
<DELETED> 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.</DELETED>
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<DELETED>,-the
Federal Quality Institute, </DELETED>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.
<DELETED> 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.</DELETED>
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.
<DELETED> 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.</DELETED>
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.
<DELETED> 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.''</DELETED>
Sec. 522. <DELETED>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'')
</DELETED>Subchapter III of chapter 51 of subtitle IV of title 31,
United States Code, is amended by adding at the end thereof the
following new section: ``sec. 5136 united states mint public enterprise
fund.'' There shall be established in the Treasury of the United
States, a United States Mint Public Enterprise Fund (the ``Fund'') for
fiscal year 1996 and hereafter: Provided, That all receipts from Mint
operations and programs, including the production and sale of
numismatic items, the production and sale of circulating coinage, the
protection of Government assets, and gifts and bequests of property,
real or personal shall be deposited into the Fund and shall be
available without fiscal year limitations: Provided further, That all
expenses incurred by the Secretary of the Treasury for operations and
programs of the United States Mint that the Secretary of the Treasury
determines, in the Secretary's sole discretion, to be ordinary and
reasonable incidents of Mint operations and programs, and any expense
incurred pursuant to any obligation or other commitment of Mint
operations and programs that was entered into before the establishment
of the Fund, shall be paid out of the Fund: Provided further, That not
to exceed 6.2415 percent of the nominal value of the coins minted,
shall be paid out of the Fund for the circulating coin operations and
programs previously provided for by appropriation: Provided further,
That the Secretary of the Treasury may borrow such funds from the
General Fund as may be necessary to meet existing liabilities and
obligations incurred prior to the receipt of revenues into the Fund
<DELETED>and</DELETED>: Provided further, That the General Fund shall
be reimbursed for such funds by the Fund within one year of the date of
the loan <DELETED>and</DELETED>: Provided further, That the Fund may
retain receipts from the Federal Reserve System from the sale of
circulating coins at face value for deposit into the Fund<DELETED>;-
and</DELETED>: Provided further, That the Secretary of Treasury shall
transfer to the Fund all assets and liabilities of the Mint operations
and programs, including all Numismatic Public Enterprise Fund assets
and liabilities, all receivables, unpaid obligations and unobligated
balances from the Mint's appropriation, the Coinage Profit Fund, and
the Coinage Metal Fund, and the land and buildings of the Philadelphia
Mint, Denver Mint, and the Fort Knox Bullion Depository: Provided
further, That the Numismatic Public Enterprise Fund, the Coinage Profit
Fund and the Coinage Metal Fund shall cease to exist as separate funds
as their activities 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'' <DELETED>means </DELETED>includes any medal, proof
coin, uncirculated coin, bullion coin, <DELETED>or other coin
specifically designated by statute as a numismatic item, including
</DELETED>numismatic collectible other monetary issuances and products
and accessories related to any such medal, coin<DELETED>,-or
item</DELETED>: Provided further, That provisions of law governing
procurement or public contracts shall not be applicable to the
procurement of goods or services necessary for carrying out Mint
programs and operations and such programs and operations shall also be
exempt from all government personnel regulations, ceilings, and full-
time equivalent controls.
Sec. 523. Section 531 of Public Law 103-329, is amended by
inserting, ``of the first section'', after ``adding at the end''.
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (i) is eligible to publish legal notices under any
applicable laws of the State where it is published;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (iii) the pages of which were customarily secured
by 2 staples before March 19, 1989;</DELETED>
<DELETED>shall not be considered to be a bound publication solely
because its pages continue to be secured by 2 staples after that
date.</DELETED>
<DELETED> 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.</DELETED>
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, <DELETED>or </DELETED>(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.
<DELETED> 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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) express the amount announced pursuant to
paragraph (1) as a percentage of the total costs of the planned
acquisition.</DELETED>
<DELETED> (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.</DELETED>
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), and except as provided in Public Law 102-393,
title IV, section 13 (40 U.S.C. 490g) with respect to the Fund
established pursuant to 40 U.S.C. 490(f), an amount equal to 50 percent
of--
(1) the amount of each utility rebate received by the
agency for energy efficiency and water conservation measures,
which the agency has implemented; and
(2) the amount of the agency's share of the measured energy
savings resulting from energy-savings performance contracts
may be retained and credited to accounts that fund energy and water
conservation activities at the agency's facilities, and shall remain
available until expended for additional specific energy efficiency or
water conservation projects or activities, including improvements and
retrofits, facility surveys, additional or improved utility metering,
and employee training and awareness programs, as authorized by section
152(f) of the Energy Policy Act (Public Law 102-486).
(b) The remaining 50 percent of each rebate, and the remaining 50
percent of the amount of the agency's share of savings from energy-
savings performance contracts, shall be transferred to the General Fund
of the Treasury at the end of the fiscal year in which received.
<DELETED> 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.</DELETED>
<DELETED> Sec. 628. The amounts otherwise provided in tis Act under
the heading ``General Services Administration--Federal Buildings Fund--
Limitations on Availability of Revenue'' for the fololwoing purpsoes
are each reduced by $65,764,000:</DELETED>
<DELETED> (1) Aggregate amount available from the
Fund.</DELETED>
<DELETED> (2) Total Amount available from the Fund for
construction of additional projects.</DELETED>
<DELETED> (3) Amount available for new construction,
Maryland, Montgomery and Prince George's Counties, Food and
Drug Administration, Phase II.</DELETED>
<DELETED> (4) Amount in excess of which revenues and
collections accruing to the Fund shall remain in the
Fund.</DELETED>
<DELETED> Sec. 629. None of the funds made available in this Act may
be obligated or expended for any employee training when it is made
known to the Federal official having authority to obligate or expend
such funds that such employee training--</DELETED>
<DELETED> (1) does not meet identified needs for knowledge,
skills, and abilities bearing directly upon the performance of
official duties;</DELETED>
<DELETED> (2) contains elements likely to induce high levels
of emotional response or psychological stress in some
participants;</DELETED>
<DELETED> (3) does not require prior employee notification
of the content and methods to be used in the training and
written end of course evaluations;</DELETED>
<DELETED> (4) contains any methods or content associated
with religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988;</DELETED>
<DELETED> (5) is offensive to, or designed to change,
participants' personal values or lifestyle outside the
workplace; or</DELETED>
<DELETED> (6) includes content related to human
immunodeficiency virus/acquired immune deficiency syndrome
(HIV/AIDS) other than that necessary to make employees more
aware of the medical ramifications of HIV/AIDS and the
workplace rights of HIV-positive employees.</DELETED>
<DELETED> Sec. 630. No amount made available in this Act may be used
for the salaries or expenses of any employee, including any employee of
the Executive Office of the President, in connection with the
obligation or expenditure of funds in the exchange stabilization fund
when it is made known to the Federal official to whom such amounts are
made available in this Act that such obligation or expenditure is for
the purpose of bolstering any foreign currency.</DELETED>
Sec. 631. (a) Notwithstanding the provisions of sections 112 and
113 of title 3, United States Code, each Executive agency detailing any
personnel shall submit on an annual basis in each fiscal year to the
Senate and House Committees on Appropriations on all employees or
members of the armed services detailed to Executive agencies, listing
the grade, position, and offices of each person detailed and the agency
to which each such person is detailed.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed services detailed to or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense for the
collection of specialized national foreign intelligence through
reconnaissance programs;
(5) the Bureau of Intelligence and Research of the
Department of State;
(6) any agency, office, or unit of the Army, Navy, Air
Force, Marine Corps, the Federal Bureau of Investigation and
the Drug Enforcement Administration of the Department of
Justice, the Department of the Treasury, the Department of
Transportation, and the Department of Energy performing
intelligence functions; and
(7) the Director of Central Intelligence.
(c) The exemptions in part (b) of this section are not intended to
apply to information on the use of personnel detailed to or from the
intelligence agencies which is currently being supplied to the Senate
and House Intelligence and Appropriations Committees by the executive
branch through budget justification materials and other reports.
(d) For the purpose of this section, the term ``Executive agency''
has the same meaning as defined under section 105 of title 5, United
States Code (except that the provisions of section 104(2) of title 5,
United States Code, shall not apply), and includes the White House
Office, the Executive Residence, and any office, council, or
organizational unit of the Executive Office of the President.
Sec. 632. No funds appropriated in this or any other Act for fiscal
year 1996 may be used to implement or enforce the agreements in
Standard Forms 312 and 4355 of the Government or any other
nondisclosure policy, form or agreement if such policy, form or
agreement does not contain the following provisions: ``These
restrictions are consistent with and do not supersede, conflict with or
otherwise alter the employee obligations, rights or liabilities created
by Executive Order 12356; section 7211 of title 5, United States Code
(governing disclosures to Congress); section 1034 of title 10, United
States Code, as amended by the Military Whistleblower Protection Act
(governing disclosure to Congress by members of the military); section
2302(b)(8) of title 5, United States Code, as amended by the
Whistleblower Protection Act (governing disclosures of illegality,
waste, fraud, abuse or public health or safety threats); the
Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.)
(governing disclosures that could expose confidential Government
agents), and the statutes which protect against disclosure that may
compromise the national security, including sections 641, 793, 794,
798, and 952 of title 18, United States Code, and section 4(b) of the
Subversive Activities Act of 1950 (50 U.S.C. section 783(b)). The
definitions, requirements, obligations, rights, sanctions and
liabilities created by said Executive Order and listed statutes are
incorporated into this agreement and are controlling'': Provided, That
notwithstanding the preceding paragraph, a nondisclosure policy form or
agreement that is to be executed by a person connected with the conduct
of an intelligence or intelligence-related activity, other than an
employee or officer of the United States Government, may contain
provisions appropriate to the particular activity for which such
document is to be used. Such form or agreement shall, at a minimum,
require that the person will not disclose any classified information
received in the course of such activity unless specifically authorized
to do so by the United States Government. Such nondisclosure forms must
also make it clear that they do not bar disclosures to Congress or to
an authorized official of an executive agency or the Department of
Justice that are essential to reporting a substantial violation of law.
Sec. 633. (a) None of the funds appropriated by this or any other
Act may be expended by any Federal Agency to procure any product or
service that is subject to the provisions of Public Law 89-306 and that
will be available under the procurement by the Administrator of General
Services known as ``FTS2000'' unless--
(1) such product or service is procured by the
Administrator of General Services as part of the procurement
known as ``FTS2000''; or
(2) that agency establishes to the satisfaction of the
Administrator of General Services that--
(A) that agency's requirements for such procurement
are unique and cannot be satisfied by property and
service procured by the Administrator of General
Services as part of the procurement known as
``FTS2000''; and
(B) the agency procurement, pursuant to such
delegation, would be cost-effective and would not
adversely affect the cost-effectiveness of the FTS2000
procurement.
(b) After July 31, 1996, subsection (a) shall apply only if the
Administrator of General Services has reported that the FTS2000
procurement is producing prices that allow the Government to satisfy
its requirements for such procurement in the most cost-effective
manner.
Sec. 634. (a) Section 4-607(18) of title 4 of the District of
Columbia Code, is amended by inserting ``the United States Secret
Service Uniformed Division, the United States Secret Service
Division,'' after ``average pay of a member who was an officer or
member of''.
(b) Section 4-622 of title 4 of the District of Columbia Code, is
amended--
(A) in subsection (b)(1)(A) by striking out ``Of the basis
upon which the annuity, relief, or retirement compensation
being received by such former member at the time of death was
computed'' and inserting in lieu thereof ``Of the adjusted
average pay of such former member'';
(B) in subsection (c)(1)(A)(ii), by striking out ``The
basis upon which the former member's annuity at the time of
death was computed'' and inserting in lieu thereof ``The
adjusted average pay of the former member''; and
(C) in subsection (c)(2)(B), by striking out the colon
after ``United States Secret Service Division'' through clause
(iii) and inserting in lieu thereof ``, 75 percent of the
adjusted average pay of the former member, divided by the
number of eligible children; or''.
This Act may be cited as the ``Treasury, Postal Service, and
General Government Appropriations Act, 1996''.
Passed the House of Representatives July 19, 1995.
Attest:
ROBIN H. CARLE,
Clerk.
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