[Appendix]
[Detailed Budget Estimates by Agency]
[Government-wide General Provisions]
[From the U.S. Government Publishing Office, www.gpo.gov]
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TITLE VI--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] 1997 shall obligate or expend any such funds, unless
such department, agency, or instrumentality has in place, and will
continue to administer in good faith, a written policy designed to
ensure that all of its workplaces are free from the illegal use,
possession, or distribution of controlled substances (as defined in the
Controlled Substances Act) by the officers and employees of such
department, agency, or instrumentality.
Sec. 603. Notwithstanding 31 U.S.C. 1345, any agency, department or
instrumentality of the United States which provides or proposes to
provide child care services for Federal employees may reimburse any
Federal employee or any person employed to provide such services for
travel, transportation, and subsistence expenses incurred for training
classes, conferences or other meetings in connection with the provision
of such services: Provided, That any per diem allowance made pursuant to
this section shall not exceed the rate specified in regulations
prescribed pursuant to section 5707 of title 5, United States Code.
Sec. 604. Unless otherwise specifically provided, the maximum amount
allowable during the current fiscal year in accordance with section 16
of the Act of August 2, 1946 (60 Stat. 810), for the purchase of any
passenger motor vehicle (exclusive of buses, ambulances, law
enforcement, and undercover surveillance vehicles), is hereby fixed at
$8,100 except station wagons for which the maximum shall be $9,100:
Provided, That these limits may be exceeded by not to exceed $3,700 for
police-type vehicles, and by not to exceed $4,000 for special heavy-duty
vehicles: Provided further, That the limits set forth in this section
may not be exceeded by more than five percent for electric or hybrid
vehicles purchased for demonstration under the provisions of the
Electric and Hybrid Vehicle Research, Development, and Demonstration Act
of 1976: Provided further, That the limits set forth in this section may
be exceeded by the incremental cost of clean alternative fuels vehicles
acquired pursuant to Public Law 101-549 over the cost of comparable
conventionally fueled vehicles.
Sec. 605. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances, in accordance with 5 U.S.C. 5922-24.
Sec. 606. Unless otherwise specified during the current fiscal year
no part of any appropriation contained in this or any other Act shall be
used to pay the compensation of any officer or employee of the
Government of the United States (including any agency the majority of
the stock of which is owned by the Government of the United States)
whose post of duty is in the continental United States unless such
person (1) is a citizen of the United States, (2) is a person in the
service of the United States on the date of enactment of this Act who,
being eligible for citizenship, has filed a declaration of intention to
become a citizen of the United States prior to such date and is actually
residing in the United States, (3) is a person who owes allegiance to
the United States, (4) is an alien from Cuba, Poland, South Vietnam, the
countries of the former Soviet Union, or the Baltic countries lawfully
admitted to the United States for permanent residence, (5) South
Vietnamese, Cambodian, and Laotian refugees paroled in the United States
after January 1, 1975, or (6) nationals of the People's Republic of
China that qualify for adjustment of status pursuant to the Chinese
Student Protection Act of 1992: Provided, That for the purpose of this
section, an affidavit signed by any such person shall be considered
prima facie evidence that the requirements of this section with respect
to his or her status have been complied with: Provided further, That any
person making a false affidavit shall be guilty of a felony, and, upon
conviction, shall be fined no more than $4,000 or imprisoned for not
more than one year, or both: Provided further, That the above penal
clause shall be in addition to, and not in substitution for, any other
provisions of existing law: Provided further, That any payment made to
any officer or employee contrary to the provisions of this section shall
be recoverable in action by the Federal Government. This section shall
not apply to citizens of Ireland, Israel, the Republic of the
Philippines or to nationals of those countries allied with the United
States in the current defense effort, or to international broadcasters
employed by the United States Information Agency, or to temporary
employment of translators, or to temporary employment in the field
service (not to exceed sixty days) as a result of emergencies.
Sec. 607. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment
to the General Services Administration for charges for space and
services and those expenses of renovation and alteration of buildings
and facilities which constitute public improvements performed in
accordance with the Public Buildings Act of 1959 (73 Stat. 749), the
Public Buildings Amendments of 1972 (87 Stat. 216), or other applicable
law.
Sec. 608. In addition to funds provided in this or any other Act,
all Federal agencies are authorized to receive and use funds resulting
from the sale of materials recovered through recycling or waste
prevention programs. Such funds shall be available until expended for
the following purposes:
(1) Acquisition, waste reduction and prevention and recycling
programs as described in Executive Order 12873 (October 20, 1993),
including any such programs adopted prior to the effective date of
the Executive Order.
(2) Other Federal agency environmental management programs,
including but not limited to, the development and implementation of
hazardous waste management and pollution prevention programs.
(3) Other employee programs as authorized by law or as deemed
appropriate by the head of the Federal agency.
Sec. 609. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations
and agencies subject to chapter 91 of title 31, United States Code,
shall be available, in addition to objects for which such funds are
otherwise available, for rent in the District of Columbia; services in
accordance with 5 U.S.C. 3109; and the objects specified under this
head, all the provisions of which shall be applicable to the expenditure
of such funds unless otherwise specified in the Act by which they are
made available: Provided, That in the event any functions budgeted as
administrative expenses are subsequently transferred to or paid from
other funds, the limitations on administrative expenses shall be
correspondingly reduced.
[Sec. 610. No part of any appropriation for the current fiscal year
contained in this or any other Act shall be paid to any person for the
filling of any position for which he or she has been nominated after the
Senate has voted not to approve the nomination of said person.]
Sec. [611. Any] 610. For the fiscal year ending September 30, 1997
and thereafter, 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] 611. 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
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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] 612. 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] 613. (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]
1997, 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] 616 of the Treasury, Postal
Service and General Government Appropriations Act, [1995] 1996,
until the normal effective date of the applicable wage survey
adjustment that is to take effect in fiscal year [1996] 1997, 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] 616; and
(2) during the period consisting of the remainder of fiscal year
[1996] 1997, 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] 1997 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] 1997 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] 1996 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] 1996, 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] 1996, 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] 1996.
(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] 614. 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] transmitted to the Committees on
Appropriations of the House and Senate. For the purposes of this
section, the word ``office'' shall include the entire suite of offices
assigned to the individual, as well as any other space used primarily by
the individual or the use of which is directly controlled by the
individual.
[Sec. 618. Notwithstanding any other provision of law, no executive
branch agency shall purchase, construct, and/or lease any additional
facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without the advance approval of the House and Senate Committees on
Appropriations.]
Sec. [619] 615. Notwithstanding section 1346 of title 31, United
States Code, [or Sec. 613 of this Act,] funds made available for fiscal
year [1996] 1997 by this or any other Act shall be available for the
interagency funding of national security and emergency preparedness
telecommunications initiatives which benefit multiple Federal
departments, agencies, or entities, as provided by Executive Order
Numbered 12472 (April 3, 1984).
[Sec. 620. Notwithstanding any provisions of this or any other Act,
during the fiscal year ending September 30, 1996, and hereafter, any
department, division, bureau, or office may use funds appropriated by
this or any other Act to install telephone lines, and necessary
equipment, and to pay monthly charges, in any private residence or
private apartment of an employee who has been authorized to work at home
in accordance with guidelines issued by the Office of Personnel
Management: Provided, That the head of the department, division, bureau,
or office certifies that adequate safeguards against private misuse
exist, and that the service is necessary for direct support of the
agency's mission.]
Sec. [621] 616. (a) None of the funds appropriated by this or any
other Act may be obligated or expended by any Federal department,
agency, or other instrumentality for the salaries or expenses of any
employee appointed to a position of a confidential or policy-determining
character excepted from the competitive service pursuant to section 3302
of title 5, United States Code, without a certification to the Office of
Personnel Management from the head of the Federal department, agency, or
other instrumentality employing the Schedule C appointee that the
Schedule C position was not created solely or primarily in order to
detail the employee to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed services detailed to or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense for the
collection of specialized national foreign intelligence through
reconnaissance programs;
(5) the Bureau of Intelligence and Research of the Department of
State;
(6) any agency, office, or unit of the Army, Navy, Air Force,
and Marine Corps, the Federal Bureau of Investigation and the Drug
Enforcement Administration of the Department of Justice, the
Department of Transportation, the Department of the Treasury, and
the Department of Energy performing intelligence functions; and
(7) the Director of Central Intelligence.
Sec. [622] 617. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any other
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Act for fiscal year [1996] 1997 shall obligate or expend any such funds,
unless such department, agency or instrumentality has in place, and will
continue to administer in good faith, a written policy designed to
ensure that all of its workplaces are free from discrimination and
sexual harassment and that all of its workplaces are not in violation of
title VII of the Civil Rights Act of 1964, as amended, the Age
Discrimination in Employment Act of 1967, and the Rehabilitation Act of
1973.
[Sec. 623. No part of any appropriation contained in this Act may be
used to pay for the expenses of travel of employees, including employees
of the Executive Office of the President, not directly responsible for
the discharge of official governmental tasks and duties: Provided, That
this restriction shall not apply to the family of the President, Members
of Congress or their spouses, Heads of State of a foreign country or
their designee(s), persons providing assistance to the President for
official purposes, or other individuals so designated by the President.]
Sec. [624] 618. Notwithstanding any provision of law, the President,
or his designee, must certify to Congress, annually, that no person or
persons with direct or indirect responsibility for administering the
Executive Office of the President's Drug-Free Workplace Plan are
themselves subject to a program of individual random drug testing.
[Sec. 625. (a) Beginning in fiscal year 1996 and thereafter, for
each Federal agency, except the Department of Defense (which has
separate authority), and except as provided in Public Law 102-393, title
IV, section 13 (40 U.S.C. 490g) with respect to the Fund established
pursuant to 40 U.S.C. 490(f), an amount equal to 50 percent of--
(1) the amount of each utility rebate received by the agency for
energy efficiency and water conservation measures, which the agency
has implemented; and
(2) the amount of the agency's share of the measured energy
savings resulting from energy-savings performance contracts,
may be retained and credited to accounts that fund energy and water
conservation activities at the agency's facilities, and shall remain
available until expended for additional specific energy efficiency or
water conservation projects or activities, including improvements and
retrofits, facility surveys, additional or improved utility metering,
and employee training and awareness programs, as authorized by section
152(f) of the Energy Policy Act (Public Law 102-486).
(b) The remaining 50 percent of each rebate, and the remaining 50
percent of the amount of the agency's share of savings from energy-
savings performance contracts, shall be transferred to the General Fund
of the Treasury at the end of the fiscal year in which received.]
[Sec. 627. (a) None of the funds made available in this Act may be
obligated or expended for any employee training when it is made known to
the Federal official having authority to obligate or expend such funds
that such employee training--
(1) does not meet identified needs for knowledge, skills, and
abilities bearing directly upon the performance of official duties;
(2) contains elements likely to induce high levels of emotional
response or psychological stress in some participants;
(3) does not require prior employee notification of the content
and methods to be used in the training and written end of course
evaluation;
(4) contains any methods or content associated with religious or
quasi-religious belief systems or ``new age'' belief systems as
defined in Equal Employment Opportunity Commission Notice N-915.022,
dated September 2, 1988;
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace; or
(6) includes content related to human immunodeficiency virus/
acquired immune deficiency syndrome (HIV/AIDS) other than that
necessary to make employees more aware of the medical ramifications
of HIV/AIDS and the workplace rights of HIV-positive employees.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.]
[Sec. 628. No funds appropriated in this or any other Act for fiscal
year 1996 may be used to implement or enforce the agreements in Standard
Forms 312 and 4355 of the Government or any other nondisclosure policy,
form or agreement if such policy, form or agreement does not contain the
following provisions: ``These restrictions are consistent with and do
not supersede, conflict with or otherwise alter the employee
obligations, rights or liabilities created by Executive Order 12356;
section 7211 of title 5, United States Code (governing disclosures to
Congress); section 1034 of title 10, United States Code, as amended by
the Military Whistleblower Protection Act (governing disclosure to
Congress by members of the military); section 2302(b)(8) of title 5,
United States Code, as amended by the Whistleblower Protection Act
(governing disclosures of illegality, waste, fraud, abuse or public
health or safety threats); the Intelligence Identities Protection Act of
1982 (50 U.S.C. 421 et seq.) (governing disclosures that could expose
confidential Government agents), and the statutes which protect against
disclosure that may compromise the national security, including sections
641, 793, 794, 798, and 952 of title 18, United States Code, and section
4(b) of the Subversive Activities Act of 1950 (50 U.S.C. section
783(b)). The definitions, requirements, obligations, rights, sanctions
and liabilities created by said Executive Order and listed statutes are
incorporated into this agreement and are controlling'': Provided, That
notwithstanding the preceding paragraph, a nondisclosure policy form or
agreement that is to be executed by a person connected with the conduct
of an intelligence or intelligence-related activity, other than an
employee or officer of the United States Government, may contain
provisions appropriate to the particular activity for which such
document is to be used. Such form or agreement shall, at a minimum,
require that the person will not disclose any classified information
received in the course of such activity unless specifically authorized
to do so by the United States Government. Such nondisclosure forms must
also make it clear that they do not bar disclosures to Congress or to an
authorized official of an executive agency or the Department of Justice
that are essential to reporting a substantial violation of law.]
Sec. [629] 619. (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]
subject to section 5124 of Public Law 104-106 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] 1997, subsection (a) shall apply only if
the Administrator of General Services has reported that the FTS2000
procurement is producing prices that allow the Government to satisfy its
requirements for such procurement in the most cost-effective manner.
[(c) The Comptroller General of the United States shall conduct and
deliver a comprehensive analysis of the cost to the Federal Government
of all Federal agency telecommunications services and traffic, by
agency, and provide such report to the House and Senate Committees on
Appropriations by no later than May 31, 1996: Provided, That such report
shall (1) identify which agencies are using FTS2000 systems; (2)
determine whether or not such usage is cost-effective; and (3) provide a
comparison of telecommunication costs between agencies that use or do
not use FTS2000.]
Sec. 620. Title 31. United States Code is amended to
require executive agencies to verify for correctness of
transportation charges prior to payment, and for related
purposes.
(a) Effective eighteen months after enactment,
section 3322 is amended in subsection (c) by adding after
the word ``classifications'' ``if the Administrator of
General Services has determined that verification by
prepayment audit conducted pursuant to subsection 3726(c) of
this title will not adequately protect the interests of the
Government''.
(b) Effective eighteen months after enactment
section 3528 is amended by--
(1) deleting ``and'' at the end of (a)(3) and ``.'' after the
word ``involved'' and adding ``; and'' to the end of subsection
(a)(4).
(2) adding paragraph (5) under subsection (a) to read as
follows:
(5) verifying transportation rates, freight classifications,
and other information provided on a Government bill of lading or
transportation request unless the Administrator of General Serv
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ices has determined that verification by a prepayment audit
conducted pursuant to subsection 3726(a) of this title will not
adequately protect the interests of the Government.
(3) adding in subsection (c)(1) after the word ``deductions'',
``and the Administrator of General Services has determined that
verification by a prepayment audit conducted pursuant to subsection
3726(a) of this title will not adequately protect the interests of
the Government''.
(4) adding in subsection (c)(2) after the word ``agreement'',
``and the Administrator of General Services has determined that
verification by prepayment audit will not adequately protect the
interests of the Government''.
(c) Effective eighteen months after enactment,
section 3726 is amended by--
(1) revising subsection (a) to read as follows:
``(a) Each agency which receives a bill from a carrier or
freight forwarder for transporting an individual or property for
the United States Government shall verify its correctness (to
include transportation rates, freight classifications, or proper
combinations thereof), using prepayment audit or other means
suitable to the circumstances, prior to payment in accordance
with the requirements of this section and regulations prescribed
by the Administrator of General Services. The Administrator of
General Services may exempt bills from an audit or review, and
determine that bills are exempt from a prepayment audit or
verification based on cost-effectiveness, public interest, or
other factors the Administrator deems appropriate. Expenses for
prepayment audits shall be funded by the agency's appropriations
used for the transportation services. The audit authority
provided to agencies by this section is subject to oversight by
the Administrator.'';
(2) redesignating existing subsection (b) as new subsection (d);
(3) adding a new subsection (b) to read as follows:
``(b) The Administrator may conduct pre-or postpayment
audits of transportation bills from any Federal agency. The
number and types of bills audited shall be based on the
Administrator's judgment.'';
(4) redesignating existing subsection (c) as new subsection (c);
(5) adding a new subsection (c) to read as follows:
``(c) The Administrator shall adjudicate transportation
claims which cannot be resolved by the agency procuring the
transportation services, or the carrier or freight forwarder
presenting the bill. A claim under this section shall be allowed
only if it is received by the Administrator not later than 3
years (excluding time of war) after the later of the following
dates:
(1) accrual of the claim;
(2) payment for the transportation is made;
(3) refund for an overpayment for the transportation is
made; or
(4) a deduction under subsection (d) of this section is
made.'';
(6) redesignating existing subsection (d) as new subsection (f),
striking ``subsection (c)'' therein and inserting ``subsection (e)''
in lieu thereof, and adding ``This reporting requirement expires
December 31, 1998.'', to the end of the subsection;
(7) redesignating existing subsections (e) as new subsection
(h);
(8) striking ``subsection (a)'' in subsection (g)(1) and
inserting ``subsection (c)'' in lieu thereof; and
(9) redesignating existing subsection (f) as new subsection (i).
Sec. 621. For the additional amount necessary for
fully funding fixed asset acquisitions, $1,408,800,000,
which amount shall be available as follows: for the National
Aeronautics and Space Administration, $558,000,000 shall be
available for the Tracking and Data Relay Satellite
Replenishment program and $342,000,000 shall be available
for the New Millennium program; for the Department of the
Interior, National Park Service, $111,000,000 shall be
available for the restoration of the Elwha River in
Washington as authorized by Public Law 102-495; for the
Department of Energy, $182,000,000 shall be available for
environmental management projects, $13,000,000 shall be
available for the Combustion Research Facility, Phase II,
$35,100,000 shall be available for the B-Factory at the
Stanford Linear Accelerator Center, $36,750,000 shall be
available for the Fermilab Main Injector, and $131,216,000
shall be available for the Relativistic Heavy Ion Collider
at Brookhaven National Laboratory: Provided, That these
amounts shall be transferred to and merged with
appropriations otherwise available for these purposes for
the fiscal year ending September 30, 1997, to be available
under the same terms and conditions as the appropriation to
which transferred.
Sec. 622. Subsection (f) of section 403 of Public
Law 103-356 is amended by deleting ``October 1, 1999'' and
inserting ``October 1, 2001''.
[Sec. 630. (a) Section 4-607(18) of title 4 of the District of
Columbia Code, is amended by inserting ``the United States Secret
Service Uniformed Division, the United States Secret Service Division,''
after ``average pay of a member who was an officer or member of''.
(b) Section 4-622 of title 4 of the District of Columbia Code, is
amended--
(A) in subsection (b)(1)(A) by striking out ``Of the basis upon
which the annuity, relief, or retirement compensation being received
by such former member at the time of death was computed'' and
inserting in lieu thereof ``Of the adjusted average pay of such
former member'';
(B) in subsection (c)(1)(A)(ii), by striking out ``The basis
upon which the former member's annuity at the time of death was
computed'' and inserting in lieu thereof ``The adjusted average pay
of the former member''; and
(C) in subsection (c)(2)(B), by striking out the colon after
``United States Secret Service Division'' through clause (iii) and
inserting in lieu thereof ``, 75 percent of the adjusted average pay
of the former member, divided by the number of eligible children;
or''.]
[Sec. 631. (a) Section 5402 of title 39, United States Code, is
amended--
(1) in subsection (f) by striking out ``During the period
beginning January 1, 1985, and ending January 1, 1999, the'' and
inserting in lieu thereof ``The''; and
(2) in subsection (g)(1) by amending subparagraph (D) to read as
follows:
``(D) have provided scheduled service within the State of
Alaska for at least 12 consecutive months with aircraft--
``(i) up to 7,500 pounds payload capacity before being
selected as a carrier of nonpriority bypass mail at an
applicable intra-Alaska bush service mail rate; and
``(ii) over 7,500 pounds payload capacity before being
selected as a carrier of nonpriority bypass mail at the
intra-Alaska mainline service mail rate.''.
(b)(1) Subject to paragraph (2), the amendment made by subsection
(a) shall be effective on and after August 1, 1995.
(2) Subparagraph (D) of section 5402(g)(1) title 39, United States
Code (as in effect before the amendment made under subsection (a)),
shall apply to a carrier, if such carrier--
(A) has an application pending before the Department of
Transportation for approval under section 41102 or 41110(e) of title
39, United States Code, before August 1, 1995; and
(B) would meet the requirements of such subparagraph if such
application were approved and such certificate were purchased.
(c) Section 41901(g) of title 49, United States Code, is repealed.]
[Sec. 632. Limitation on use of Funds for the Provision of Certain
Foreign Assistance.--
(a) In General.--Notwithstanding any other provision of law, none of
the funds made available by this Act for the Department of the Treasury
shall be available for any activity or for paying the salary of any
Government employee where funding an activity or paying a salary to a
Government employee would result in a decision, determination, rule,
regulation, or policy that would permit the Secretary of the Treasury to
make any loan or extension of credit under section 5302 of title 31,
United States Code, with respect to a single foreign entity or
government of a foreign country (including agencies or other entities of
that government)--
(1) with respect to a loan or extension of credit for more than
60 days, unless the President certifies to the Committee on Banking,
Housing, and Urban Affairs of the Senate and the Committee on
Banking and Financial Services of the House of Representatives
that--
(A) there is no projected cost (as that term is defined in
section 502 of the Federal Credit Reform Act of 1990) to the
United States from the proposed loan or extension of credit; and
(B) any proposed obligation or expenditure of United States
funds to or on behalf of the foreign government is adequately
backed by an assured source of repayment to ensure that all
United States funds will be repaid; and
(2) other than as provided by an Act of Congress, if that loan
or extension of credit would result in expenditures and obligations,
including contingent obligations, aggregating more than
$1,000,000,000 with respect to that foreign country for more than
180 days during the 12-month period beginning on the date on which
the first such action is taken.
[[Page 13]]
(b) Waiver of Limitations.--The President may exceed the dollar and
time limitations in subsection (a)(2) if he certifies in writing to the
Congress that a financial crisis in that foreign country poses a threat
to vital United States economic interests or to the stability of the
international financial system.
(c) Expedited Procedures for a Resolution of Disapproval.--A
presidential certification pursuant to subsection (b) shall not take
effect, if the Congress, within 30 calendar days after receiving such
certification, enacts a joint resolution of disapproval, as described in
paragraph (5) of this subsection.
(1) Reference to committees.--All joint resolutions introduced
in the Senate to disapprove the certification shall be referred to
the Committee on Banking, Housing and Urban Affairs, and in the
House of Representatives, to the appropriate committees.
(2) Discharge of committees.--(A) If the committee of either
House to which a resolution has been referred has not reported it at
the end of 15 days after its introduction, it is in order to move
either to discharge the committee from further consideration of the
joint resolution or to discharge the committee from further
consideration of any other resolution introduced with respect to the
same matter, except no motion to discharge shall be in order after
the committee has reported a joint resolution with respect to the
same matter.
(B) A motion to discharge may be made only by an individual
favoring the resolution, and is privileged in the Senate; and debate
thereon shall be limited to not more than 1 hour, the time to be
divided in the Senate equally between, and controlled by, the
majority leader and the minority leader or their designees.
(3) Floor consideration in the senate.--(A) A motion in the
Senate to proceed to the consideration of a resolution shall be
privileged.
(B) Debate in the Senate on a resolution, and all debatable
motions and appeals in connection therewith, shall be limited to not
more than 4 hours, to be equally divided between, and controlled by,
the majority leader and the minority leader or their designees.
(C) Debate in the Senate on any debatable motion or appeal in
connection with a resolution shall be limited to not more than 20
minutes, to be equally divided between, and controlled by, the mover
and the manager of the resolution, except that in the event the
manager of the resolution is in favor of any such motion or appeal,
the time in opposition thereto, shall be controlled by the minority
leader or his designee. Such leaders, or either of them, may, from
time under their control on the passage of a resolution, allot
additional time to any Senator during the consideration of any
debatable motion or appeal.
(D) A motion in the Senate to further limit debate on a
resolution, debatable motion, or appeal is not debatable. No
amendment to, or motion to recommit, a resolution is in order in the
Senate.
(4) In the case of a resolution, if prior to the passage by one
House of a resolution of that House, that House receives a
resolution with respect to the same matter from the other House,
then--
(A) the procedure in that House shall be the same as if no
resolution had been received from the other House; but
(B) the vote on final passage shall be on the resolution of
the other House.
(5) For purposes of this subsection, the term ``joint
resolution'' means only a joint resolution of the 2 Houses of
Congress, the matter after the resolving clause of which is as
follows: ``That the Congress disapproves the action of the President
under section 632(b) of the Treasury, Postal Service, and General
Government Appropriations Act, 1996, notice of which was submitted
to the Congress on .'', with the blank space being filled
with the appropriate date.
(d) Applicability.--This section--
(1) shall not apply to any action taken as part of the program
of assistance to Mexico announced by the President on January 31,
1995; and
(2) shall remain in effect through fiscal year 1996.]
[Sec. 633. For purposes of each provision of law amended by section
704(a)(2) of the Ethics Reform Act of 1989 (5 U.S.C. 5318 note), no
adjustment under section 5303 of title 5, United States Code, shall be
considered to have taken effect in fiscal year 1996 in the rates of
basic pay for the statutory pay systems.]
[Sec. 634. Notwithstanding any other provision of law, the United
States Customs Service shall transfer, without consideration, to the
National Warplane Museum in Geneseo, New York, 2 seized and forfeited A-
37 Dragonfly jets for display and museum purposes.]
[Sec. 636. This section may be cited as the ``Prohibition of
Cigarette Sales to Minors in Federal Buildings and Lands Act''.
(a) As used in this section--
(1) the term ``Federal agency'' means--
(A) an Executive agency as defined in section 105 of title
5, United States Code; and
(B) each entity specified in subparagraphs (B) through (H)
of section 5721(1) of title 5, United States Code;
(2) the term ``Federal building'' means--
(A) any building or other structure owned in whole or in
part by the United States or any Federal agency, including any
such structure occupied by a Federal agency under a lease
agreement; and
(B) includes the real property on which such building is
located;
(3) the term ``minor'' means an individual under the age of 18
years; and
(4) the term ``tobacco product'' means cigarettes, cigars,
little cigars, pipe tobacco, smokeless tobacco, snuff, and chewing
tobacco.
(b)(1) No later than 45 days after the date of the enactment of this
Act, the Administrator of General Services and the head of each Federal
agency shall promulgate regulations that prohibit--
(A) the sale of tobacco products in vending machines located in
or around any Federal building under the jurisdiction of the
Administrator or such agency head; and
(B) the distribution of free samples of tobacco products in or
around any Federal building under the jurisdiction of the
Administrator or such agency head.
(2) The Administrator of General Services or the head of an agency,
as appropriate, may designate areas not subject to the provisions of
paragraph (1), if such area also prohibits the presence of minors.
(3) The provisions of this subsection shall be carried out--
(A) by the Administrator of General Services for any Federal
building which is maintained, leased, or has title of ownership
vested in the General Services Administration; or
(B) by the head of a Federal agency for any Federal building
which is maintained, leased, or has title of ownership vested in
such agency.
(c) No later than 90 days after the date of enactment of this Act,
the Administrator of General Services and each head of an agency shall
prepare and submit, to the appropriate committees of Congress, a report
that shall contain--
(1) verification that the Administrator or such head of an
agency is in compliance with this section; and
(2) a detailed list of the location of all tobacco product
vending machines located in Federal buildings under the
administration of the Administrator or such head of an agency.
(d)(1) No later than 45 days after the date of the enactment of this
Act, the Senate Committee on Rules and Administration and the House of
Representatives Committee on House Oversight, after consultation with
the Architect of the Capitol, shall promulgate regulations under the
Senate and House of Representatives rulemaking authority that prohibit
the sale of tobacco products in vending machines in the Capitol
Buildings.
(2) Such committees may designate areas where such prohibition shall
not apply, if such area also prohibits the presence of minors.
(3) For the purpose of this section the term ``Capitol Buildings''
shall have the same meaning as such term is defined under section
16(a)(1) of the Act entitled ``An Act to define the area of the United
States Capitol Grounds, to regulate the use thereof, and for other
purposes'', approved July 31, 1946 (40 U.S.C. 193m(1)).
(e) Nothing in this section shall be construed as restricting the
authority of the Administrator of General Services or the head of an
agency to limit tobacco product use in or around any Federal building,
except as provided under subsection (b)(1).]
[Sec. 637. National Commission on Restructuring the Internal Revenue
Service.--Text omitted. This section established this temporary
commission and authorized funds for it.]
[Sec. 638. The Administrator of General Services shall, within six
months of enactment of this Act, report to Congress on the feasibility
of leasing agreements with State and local governments and private
sponsors for the construction of border stations on the borders of the
United States with Canada and Mexico whereby--
(1) lease payments shall not exceed 30 years for payment of the
purchase price and interest;
(2) an agreement entered into under such provisions shall
provide for the title to the property and facilities to vest in the
United States on or before the expiration of the contract term, on
fulfillment of the terms and conditions of the agreement.]
[[Page 14]]
[Sec. 639. Transfer of Certain Federal Property in New Jersey.--The
first section of the Act entitled ``An Act transferring certain Federal
property to the city of Hoboken, New Jersey'', approved September 27,
1982 (Public Law 97-268; 96 Stat. 1140), is amended--
(1) in subsection (a), by adding ``and'' at the end; and
(2) by striking ``Stat. 220), and'' in subsection (b) and all
that follows through ``New Jersey; concurrent with'' and inserting
the following: ``Stat. 220);
concurrent with''.]
[Sec. 640. Service performed during the period January 1, 1984,
through December 31, 1986, which would, if performed after that period,
be considered service as a law enforcement officer, as defined in
section 8401(17) (A)(i)(II) and (B) of title 5, United States Code,
shall be deemed service as a law enforcement officer for the purposes of
chapter 84 of such title.] (Treasury, Postal Service and General
Government Appropriations Acts, 1996.)