TREASURY, POSTAL SERVICE AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 1995
Public Law 103–329, as amended
TREASURY, POSTAL SERVICE AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 1995
329
109–115
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
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EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
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Treasury, Postal Service and General Government Appropriations Act, 1995
1505
103
1994-09-30
TREASURY, POSTAL SERVICE AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 1995
[Public Law 103–329; approved September 30, 1994]
[As Amended Through P.L. 109–115, Enacted November 30, 2005]
[Currency: This publication is a compilation of the text of Public Law 103–329. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]
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TITLE I—

DEPARTMENT OF THE TREASURY
* * * * * * *

Internal Revenue Service

administrative provisions—internal revenue service
3.
26 U.S.C. 7801 note The Secretary of the Treasury may establish new fees or raise existing fees for services provided by the Internal Revenue Service to increase receipts, where such fees are authorized by another law. The Secretary of the Treasury may spend the new or increased fee receipts to supplement appropriations made available to the Internal Revenue Service appropriations accounts in fiscal years 1995 and thereafter: Provided, That the Secretary shall base such fees on the costs of providing specified services to persons paying such fees: Provided further, That the Secretary shall provide quarterly reports to the Congress on the collection of such fees and how they are being expended by the Service.
TITLE VI—

GOVERNMENTWIDE GENERAL PROVISIONS

Departments, Agencies, and Corporations
602.
No department, agency, or instrumentality of the United States receiving appropriated funds under this or any other Act for fiscal year 1995 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.
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.
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.
618.
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.
619.
(a)
Notwithstanding the provisions of sections 112 and 113 of title 3, United States Code, each Executive agency detailing any personnel shall submit a report 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, and 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 purposes 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.
620.
No funds appropriated in this or any other Act for fiscal year 1995 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.
.
624.
Notwithstanding section 1346 of title 31, United States Code, funds made available for fiscal year 1995 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).
625.
Notwithstanding any provisions of this or any other Act, during the fiscal year ending September 30, 1995, 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.
626.
(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.
628.
No department, agency, or instrumentality of the United States receiving appropriated funds under this or any other Act for fiscal year 1995 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.
629.
(a)
(1)
Subchapter II of chapter 63 of title 5, United States Code, is amended by adding at the end the following:
6327.

Absence in connection with serving as a bone-marrow or organ donor
(a)
An employee in or under an Executive agency is entitled to leave without loss of or reduction in pay, leave to which otherwise entitled, credit for time or service, or performance or efficiency rating, for the time necessary to permit such employee to serve as a bone-marrow or organ donor.
(b)
Not to exceed 7 days of leave may be used under this section by an employee in a calendar year.
(c)
The Office of Personnel Management may prescribe regulations for the administration of this section.
.
(2)
(A)
Section 6129 of title 5, United States Code, is amended by inserting 6327, after 6326,.
(B)
The table of sections for chapter 63 of title 5, United States Code, is amended by adding after the item relating to section 6326 the following:
6327. Absence in connection with serving as a bone-marrow or organ donor..
(b)
(1)
Section 6307 of title 5, United States Code, is amended—
(A)
by redesignating subsection (c) as subsection (d);
(B)
by inserting after subsection (b) the following:
(c)
Sick leave provided by this section may be used for purposes relating to the adoption of a child.
; and
(C)
in subsection (d) (as so redesignated by subparagraph (A)) by inserting or for purposes relating to the adoption of a child, after ailment,.
(2)
Section 6129 of title 5, United States Code, is amended by striking 6307 (a) and (c), and inserting 6307 (a) and (d),.
(3)
(A)
The Office of Personnel Management shall prescribe regulations under which any employee who used or uses annual leave for an adoption-related purpose, after September 30, 1991, and before the date as of which sick leave first becomes available for such purpose as a result of the enactment of this subsection may, upon appropriate written application, elect to have such employee's leave accounts adjusted to reflect the amount of annual leave and sick leave, respectively, which would remain had sick leave been used instead of all or any portion of the annual leave actually used, as designated by the employee.
(B)
An application under this paragraph may not be approved unless it is submitted—
(i)
within 1 year after the date of the enactment of this Act or such later date as the Office may prescribe;
(ii)
in such form and manner as the Office shall require; and
(iii)
by an individual who is an employee as of the time of application.
(C)
For the purpose of this paragraph, the term employee has the meaning given such term by section 6301(2) of title 5, United States Code.
630.
(a)
(1)
5 U.S.C. 5303 nt
The adjustment in rates of basic pay for the statutory pay systems that takes effect in fiscal year 1995 under section 5303 of title 5, United States Code, shall be an increase of 2 percent.
(2)
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 1995 in the rates of basic pay for the statutory pay systems.
(3)
For purposes of this subsection, the term statutory pay system shall have the meaning given such term by section 5302(1) of title 5, United States Code.
(b)
5 U.S.C. 5304 nt
For purposes of any locality-based comparability payments taking effect in fiscal year 1995 under subchapter I of chapter 53 of title 5, United States Code (whether by adjustment or otherwise), section 5304(a) of such title shall be deemed to be without force or effect.
(c)
5 U.S.C. 5304 nt
Notwithstanding section 5304(a)(3)(B) of title 5, United States Code, the annualized cost of pay adjustments made under section 5304 of such title in calendar year 1995 shall be equal to 0.6 percent of the estimated aggregate fiscal year 1995 executive branch civilian payroll—
(1)
as determined by the pay agent (within the meaning of section 5302 of such title); and
(2)
determined as if the rates of pay and comparability payments payable on September 30, 1994, had remained in effect.
632.
3 U.S.C. 101 nt
(a)

In General.—
Hereafter, the employment of any individual within the Executive Office of the President shall be placed on leave without pay status if the individual—
(1)
has not, within 30 days of commencing such employment or by October 31, 1994 (whichever occurs later), submitted a completed questionnaire for sensitive positions (SF–86) or equivalent form; or
(2)
has not, within 6 months of commencing such employment or by October 31, 1994 (whichever occurs later), had his or her background investigation, if completed, forwarded by the counsel to the President to the United States Secret Service for issuance of the appropriate access pass.
(b)

Exemption.—
Subsection (a) shall not apply to any individual specifically exempted from such subsection by the President or his designee.