[Congressional Record Volume 142, Number 105 (Wednesday, July 17, 1996)]
[House]
[Pages H7665-H7682]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 TREASURY, POSTAL SERVICE, AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 
                                  1997

  The SPEAKER pro tempore. Pursuant to House Resolution 475 and rule 
XXIII the Chair declares the House in the Committee of the Whole House 
on the State of the Union for the further consideration of the bill, 
H.R. 3756.

                              {time}  1033


                     in the committee of the whole

  Accordingly the House resolved itself into the Committee of the Whole 
House on the State of the Union for the further consideration of the 
bill (H.R. 3756) making appropriations for the Treasury Department, the 
U.S. Postal Service, the Executive Office of the President, and certain 
independent agencies, for the fiscal year ending September 30, 1997, 
and for other purposes, with Mr. Dreier in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. When the Committee of the Whole rose on Tuesday, July 
16, 1996, amendment No. 3 printed in part 2 of House Report 104-671 
offered by the gentleman from Minnesota [Mr. Gutknecht] had been 
disposed of.
  Pursuant to the order of the House of that day, the bill is 
considered as read.
  The text of the remainder of the bill is as follows:

                        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 6-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, 1997.

TITLE  III--EXECUTIVE  OFFICE  OF  THE PRESIDENT AND FUNDS APPROPRIATED 
                            TO THE PRESIDENT

                   Compensation of the President and

                         the White House Office

                     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, United States 
     Code: Provided further, That none of the funds made available 
     for official expenses shall be considered as taxable to the 
     President.

                         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; $40,193,000: Provided, That $420,000 
     of the funds appropriated may not be obligated until the 
     Director of the Office of Administration has submitted, and 
     the Committees on Appropriations of the House and Senate have 
     approved, a report that identifies, evaluates, and 
     prioritizes all computer systems investments planned for 
     fiscal year 1997, a milestone schedule for the development 
     and implementation of all projects included in the systems 
     investment plan, and a systems architecture plan.

                 Executive Residence at the White House

                           operating expenses

       For the care, maintenance, repair and alteration, 
     refurnishing, improvement, heating and lighting, including 
     electric power and fixtures, of the Executive Residence at 
     the White House and official entertainment expenses of the 
     President, $7,827,000, to be expended and accounted for as 
     provided by 3 U.S.C. 105, 109-110, 112-114.

 Special Assistance to the President and the Official Residence of the 
                             Vice President

                         salaries and expenses

       For necessary expenses to enable the Vice President to 
     provide assistance to the President in connection with 
     specially assigned functions, services as authorized by 5 
     U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses 
     as authorized by 3 U.S.C. 106, which shall be expended and 
     accounted for as provided in that section; and hire of 
     passenger motor vehicles; $3,280,000: Provided, That $150,000 
     of the funds appropriated may not be obligated until the 
     Director of the Office of Administration has submitted, and 
     the Committees on Appropriations of the House and Senate have 
     approved, a report that identifies, evaluates, and 
     prioritizes all computer systems investments planned for 
     fiscal year 1997, a milestone schedule for the development 
     and implementation of all projects included in the systems 
     investment plan, and a systems architecture plan.

                           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: Provided further, 
     That $8,000 of the funds appropriated may not be obligated 
     until the Director of the Office of Administration has 
     submitted for approval to the Committees on Appropriations of 
     the House and Senate a report that identifies, evaluates, and 
     prioritizes all computer systems investments planned for 
     fiscal year 1997, a milestone schedule for the development 
     and implementation of all projects included in the systems 
     investment plan, and a systems architecture plan.

                      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: Provided, That $45,000 of the funds 
     appropriated may not be obligated until the Director of the 
     Office of Administration has submitted, and the Committees on 
     Appropriations of the House and Senate have approved, a 
     report that identifies, evaluates, and prioritizes all 
     computer systems investments planned for fiscal year 1997, a 
     milestone schedule for the development and implementation of 
     all projects included in the systems investment plan, and a 
     systems architecture plan.

                       National Security Council

                         salaries and expenses

       For necessary expenses of the National Security Council, 
     including services as authorized by 5 U.S.C. 3109, 
     $6,648,000: Provided, That $3,000 of the funds appropriated 
     may not be obligated until the Director of the Office of 
     Administration has submitted, and the Committees on 
     Appropriations of the House and Senate have approved, a 
     report that identifies, evaluates, and prioritizes all 
     computer systems investments planned for fiscal year 1997, a 
     milestone schedule for the development and implementation of 
     all

[[Page H7666]]

     projects included in the systems investment plan, and a 
     systems architecture plan.

                        Office of Administration

                         salaries and expenses

       For necessary expenses of the Office of Administration, 
     $26,100,000, including services as authorized by 5 U.S.C. 
     3109 and 3 U.S.C. 107, and hire of passenger motor vehicles: 
     Provided, That $340,700 of the funds appropriated may not be 
     obligated until the Director of the Office of Administration 
     has submitted, and the Committees on Appropriations of the 
     House and Senate have approved, a report that identifies, 
     evaluates, and prioritizes all computer systems investments 
     planned for fiscal year 1997, a milestone schedule for the 
     development and implementation of all projects included in 
     the systems investment plan, and a systems architecture plan.

                    Office of Management and Budget

                         salaries and expenses

       For necessary expenses of the Office of Management and 
     Budget, including hire of passenger motor vehicles, services 
     as authorized by 5 U.S.C. 3109, $55,573,000, of which not to 
     exceed $5,000,000 shall be available to carry out the 
     provisions of 44 U.S.C. chapter 35: Provided, That, as 
     provided in 31 U.S.C. 1301(a), appropriations shall be 
     applied only to the objects for which appropriations were 
     made except as otherwise provided by law: Provided further, 
     That none of the funds appropriated in this Act for the 
     Office of Management and Budget may be used for the purpose 
     of reviewing any agricultural marketing orders or any 
     activities or regulations under the provisions of the 
     Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et 
     seq.): Provided further, That none of the funds made 
     available for the Office of Management and Budget by this Act 
     may be expended for the altering of the transcript of actual 
     testimony of witnesses, except for testimony of officials of 
     the Office of Management and Budget, before the House and 
     Senate Committees on Appropriations or the House and Senate 
     Committees on Veterans' Affairs or their subcommittees: 
     Provided further, That this proviso shall not apply to 
     printed hearings released by the House and Senate Committees 
     on Appropriations or the House and Senate Committees on 
     Veterans' Affairs.

                 Office of National Drug Control Policy

                         salaries and expenses


                     (including transfer of funds)

       For necessary expenses of the Office of National Drug 
     Control Policy; for research activities pursuant to title I 
     of Public Law 100-690; not to exceed $8,000 for official 
     reception and representation expenses; and 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; 
     $34,838,000, of which $18,000,000 shall remain available 
     until expended, consisting of $1,000,000 for policy research 
     and evaluation and $17,000,000 for the Counter-Drug 
     Technology Assessment Center for counternarcotics research 
     and development projects, and of which $1,268,000 shall be 
     obligated for drug prevention public service announcements, 
     and of which $1,000,000 shall be obligated for State 
     conferences on model State drug laws: Provided, That the 
     $17,000,000 for the Counter-Drug Technology Assessment Center 
     shall be available for transfer to other Federal departments 
     or agencies: Provided further, 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: Provided further, That the Secretary of the 
     Treasury is authorized to receive all unavailable collections 
     transferred from the Special Forfeiture Fund established by 
     section 6073 of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 
     1509) by the Director of the Office of Drug Control Policy as 
     a deposit into the Treasury Forfeiture Fund (31 U.S.C. 
     9703(a)).

                     Federal Drug Control Programs


             high intensity drug trafficking areas program

                     (including transfer of funds)

       For necessary expenses of the Office of National Drug 
     Control Policy's High Intensity Drug Trafficking Areas 
     Program, $113,000,000 for drug control activities consistent 
     with the approved strategy for each of the designated High 
     Intensity Drug Trafficking Areas, of which $3,000,000 shall 
     be used for a newly designated High Intensity Drug 
     Trafficking Area in Lake County, Indiana; of which $2,000,000 
     shall be used for a newly designated High Intensity Drug 
     Trafficking Area for the Gulf Coast States of Louisiana, 
     Alabama, and Mississippi; of which $5,000,000 shall be used 
     for a newly designated High Intensity Drug Trafficking Area 
     dedicated to combating methamphetamine use, production and 
     trafficking in a five State area including Iowa, Missouri, 
     Nebraska, South Dakota, and Kansas; of which no less than 
     $59,000,000 shall be transferred to State and local entities 
     for drug control activities; and of which up to $54,000,000 
     may be transferred to Federal agencies and departments at a 
     rate to be determined by the Director: Provided, That the 
     funds made available under this head shall be obligated 
     within 90 days of the date of enactment of this Act.
       This title may be cited as the ``Executive Office 
     Appropriations Act, 1997''.

                     TITLE IV--INDEPENDENT AGENCIES

 Committee for Purchase From People Who Are Blind or Severely Disabled

                         salaries and expenses

       For necessary expenses of the Committee for Purchase From 
     People Who Are Blind or Severely Disabled established by the 
     Act of June 23, 1971, Public Law 92-28; $1,800,000.

                      Federal Election Commission

                         salaries and expenses

       For necessary expenses to carry out the provisions of the 
     Federal Election Campaign Act of 1971, as amended, 
     $27,524,000, of which no less than $2,500,000 shall be 
     available for internal automated data processing systems, and 
     of which not to exceed $5,000 shall be available for 
     reception and representation expenses.

                   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; $21,588,000: 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

       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)), $209,193,000, to be deposited 
     into said Fund. The revenues and collections deposited into 
     the Fund shall be available for necessary expenses of real 
     property management and related activities not otherwise 
     provided for, including operation, maintenance, and 
     protection of Federally owned and leased buildings; rental of 
     buildings in the District of Columbia; restoration of leased 
     premises; moving governmental agencies (including space 
     adjustments and telecommunications relocation expenses) in 
     connection with the assignment, allocation and transfer of 
     space; contractual services incident to cleaning or servicing 
     buildings, and moving; repair and alteration of federally 
     owned buildings including grounds, approaches and 
     appurtenances; care and safeguarding of sites; maintenance, 
     preservation, demolition, and equipment; acquisition of 
     buildings and sites by purchase, condemnation, or as 
     otherwise authorized by law; acquisition of options to 
     purchase buildings and sites; conversion and extension of 
     Federally owned buildings; preliminary planning and design of 
     projects by contract or otherwise; construction of new 
     buildings (including equipment for such buildings); and 
     payment of principal, interest, taxes, and any other 
     obligations for public buildings acquired by installment 
     purchase and purchase contract, in the aggregate amount of 
     $5,364,392,000, of which (1) not to exceed $540,000,000 shall 
     remain available until expended for construction of 
     additional projects at locations as follows: Fresno, 
     California, Federal Building and U.S. Courthouse; Denver, 
     Colorado, U.S. Courthouse; District of Columbia, U.S. 
     Courthouse Annex; Miami, Florida, U.S. Courthouse; Orlando, 
     Florida, U.S. Courthouse; Covington, Kentucky, U.S. 
     Courthouse; London, Kentucky, U.S. Courthouse; Babb, Montana, 
     Piegan Border Station; Sweetgrass, Montana, Border Station; 
     Las Vegas, Nevada, U.S. Courthouse; Brooklyn, New York, U.S. 
     Courthouse; Cleveland, Ohio, U.S. Courthouse; Youngstown, 
     Ohio, U.S. Courthouse; Portland, Oregon, Consolidated Law 
     Enforcement Federal Office Building; Erie, Pennsylvania, U.S. 
     Courthouse; Philadelphia, Pennsylvania, Department of 
     Veterans Affairs--Federal Complex, phase II; Columbia, South 
     Carolina, U.S. Courthouse; Corpus Christi, Texas, U.S. 
     Courthouse; Salt Lake City, Utah, Moss Courthouse Annex and 
     Alteration; Blaine, Washington, U.S. Border Station; 
     Oroville, Washington, U.S. Border Station; Seattle, 
     Washington, U.S. Courthouse; and, Sumas, Washington, U.S. 
     Border Station, (Claim): Provided, That the total cost of the 
     immediately foregoing United States Courthouse or United 
     States Courthouse annex construction projects shall be 
     reduced by no less than 10 percent from the prospectus level 
     estimate by improving design efficiencies, curtailing planned 
     interior finishes requiring more efficient use of courtroom 
     and library space, and by otherwise limiting space 
     requirements: Provided further, That each of the immediately 
     foregoing construction projects may not exceed the original 
     authorized level for site acquisition, design, or 
     construction, unless advanced approval is obtained from the 
     House and Senate Committees on Appropriations: Provided 
     further, That from funds available in the Federal Buildings 
     Fund, $20,000,000 shall be available until expended for 
     environmental clean up activities at the Southeast

[[Page H7667]]

     Federal Center in the District of Columbia: Provided further, 
     That all funds for direct construction projects shall expire 
     on September 30, 1999, 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 
     $635,000,000 shall remain available until expended, for 
     repairs and alterations which includes associated design and 
     construction services, as follows: District of Columbia, 
     Ariel Rios Building; District of Columbia, Department of 
     Justice Building (Main), phase, 1; District of Columbia, 
     Layfayette Building; District of Columbia, State Department 
     Building; Honolulu, Hawaii, Prince Jonah Kuhio Kalanianaole 
     Federal Building and U.S. Courthouse; Chicago, Illinois, 
     Everett M. Dirksen Federal Building; Chicago, Illinois, John 
     C. Kluczynski, Jr. Federal Building (IRS); Andover, 
     Massachusetts, IRS Regional Service Center; Concord, New 
     Hampshire, J.C. Cleveland Federal Building; Camden, New 
     Jersey, U.S. Post Office-Courthouse; Albany, New York, James 
     T. Foley Post Office-Courthouse; Brookhaven, New York, IRS 
     Service Center; New York, New York, Jacob K. Javits Federal 
     Building; Scranton, Pennsylvania, Federal Building-U.S. 
     Courthouse; Providence, Rhode Island, Federal Building-U.S. 
     Courthouse; Fort Worth, Texas, Federal Center; Nationwide 
     repairs and alterations: Security Upgrades; 
     Chlorofluorocarbons Program; Elevator Program; and, Energy 
     Program: 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 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 
     originally authorized amount, except each project may be 
     increased by an amount not to exceed 10 percent when advance 
     approval is obtained from the Committees on Appropriations of 
     the House and Senate of a greater amount: 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 such 
     sums as may be necessary shall be made available for ongoing 
     renovation and consolidation efforts at the National 
     Veterinary Services Laboratory and a biocontainment facility 
     at the National Animal Disease Center, as directed in Public 
     Law 104-52: Provided further, That all funds for repairs and 
     alterations prospectus projects shall expire on September 30, 
     1999, 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 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: Provided 
     further, That $5,700,000 of the funds provided under this 
     heading in Public Law 103-329, for the IRS Service Center, 
     Holtsville, New York, shall be available until September 30, 
     1998; (3) not to exceed $173,075,000 for installment 
     acquisition payments including payments on purchase contracts 
     which shall remain available until expended; (4) not to 
     exceed $3,903,205,000, to remain available until expended, 
     for building operations, leasing activities, and rental of 
     space, of which up to $205,000,000 shall be available for 
     security enhancements; and (5) not to exceed $4,800,000 for 
     the development and acquisition of automatic data processing 
     equipment, software, and services for the Public Buildings 
     Service which shall remain available until September 30, 1999 
     for transfer to accounts and in amounts as necessary to 
     satisfy the requiremens of the Public Buildings Service: 
     Provided further, That funds available to the General 
     Services Administration shall not be available for expenses 
     in connection with any construction, repair, alteration, and 
     acquisition project for which a prospectus, if required by 
     the Public Buildings Act of 1959, as amended, has not been 
     approved, except that necessary funds may be expended for 
     each project for required expenses in connection with the 
     development of a proposed prospectus: Provided further, That 
     the Administrator is authorized in fiscal year 1997 and 
     thereafter, to enter into and perform such leases, contracts, 
     or other transactions with any agency or instrumentality of 
     the United States, the several States, or the District of 
     Columbia, or with any person, firm, association, or 
     corporation, as may be necessary to implement the trade 
     center plan at the Federal Triangle Project and is hereby 
     granted all the rights and authorities of the former 
     Pennsylvania Avenue Development Corporation (PADC) with 
     regards to property transferred from PADC to the General 
     Services Administration in fiscal year 1996: 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 1997, excluding 
     reimbursements under section 210(f)(6) of the Federal 
     Property and Administrative Services Act of 1949 (40 U.S.C. 
     490(f)(6)) in excess of $5,364,392,000 shall remain in the 
     Fund and shall not be available for expenditure except as 
     authorized in appropriations Acts.


                         policy and operations

       For expenses authorized by law, not otherwise provided for, 
     for Government-wide policy and oversight activities 
     associated with asset management activities; utilization and 
     donation  of surplus personal property; transportation 
     management activities; procurement and supply management 
     activities; Government-wide and internal responsibilities 
     relating to automated data management, telecommunications, 
     information resources management, and related 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; $109,091,000.

                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     and services authorized by 5 U.S.C. 3109, $33,274,000: 
     Provided, That not to exceed $5,000 shall be available for 
     payment for information and detection of fraud against the 
     Government, including payment for recovery of stolen 
     Government property: Provided further, That not to exceed 
     $2,500 shall be available for awards to employees of other 
     Federal agencies and private citizens in recognition of 
     efforts and initiatives resulting in enhanced Office of 
     Inspector General effectiveness.

           allowances and office staff for former presidents

       For carrying out the provisions of the Act of August 25, 
     1958, as amended (3 U.S.C. 102 note), and Public Law 95-138, 
     $2,180,000: 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.

                   expenses, presidential transition

       For expenses necessary to carry out the Presidential 
     Transition Act of 1963, as amended (3 U.S.C. 102 note), 
     $5,600,000.

          general provisions--general services administration

       Section 401. 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. 402. Funds available to the General Services 
     Administration shall be available for the hire of passenger 
     motor vehicles.
       Sec. 403. Funds in the Federal Buildings Fund made 
     available for fiscal year 1997 for Federal Buildings Fund 
     activities may be transferred between such activities only to 
     the extent necessary to meet program requirements: Provided, 
     That any proposed transfers shall be approved in advance by 
     the Committees on Appropriations of the House and Senate.
       Sec. 404. Section 10 of the General Services Administration 
     General Provisions, Public Law 100-440, dated September 22, 
     1988, is hereby repealed.
       Sec. 405. No funds made available by this Act shall be used 
     to transmit a fiscal year 1998 request for United States 
     Courthouse construction that does not meet the design guide 
     standards for construction as established by the General 
     Services Administration, the Judicial Conference of the 
     United

[[Page H7668]]

     States, and the Office of Management and Budget and does not 
     reflect the priorities of the Judicial Conference of the 
     United States as set out in its approved 5-year construction 
     plan: Provided, That the request must be accompanied by a 
     standardized courtroom utilization study of each facility to 
     be replaced or expanded.
       Sec. 406. (a) Section 210 of the Federal Property and 
     Administrative Services Act of 1949 (40 U.S.C. 490) is 
     amended by adding at the end the following new subsection:
       ``(l)(1) The Administrator may establish, acquire space 
     for, and equip flexiplace work telecommuting centers (in this 
     subsection referred to as `telecommuting centers') for use by 
     employees of Federal agencies, State and local governments, 
     and the private sector in accordance with this subsection.
       ``(2) The Administrator may make any telecommuting center 
     available for use by individuals who are not Federal 
     employees to the extent the center is not being fully 
     utilized by Federal employees. The Administrator shall give 
     Federal employees priority in using the telecommuting 
     centers.
       ``(3)(A) The Administrator shall charge user fees for the 
     use of any telecommuting center. The amount of the user fee 
     shall approximate commercial charges for comparable space and 
     services except that in no instance shall such fee be less 
     than that necessary to pay the cost of establishing and 
     operating the center, including the reasonable cost of 
     renovation and replacement of furniture, fixtures, and 
     equipment.
       ``(B) Amounts received by the Administrator after September 
     30, 1993, as user fees for use of any telecommuting center 
     may be deposited into the Fund established under subsection 
     (f) of this section and may be used by the Administrator to 
     pay costs incurred in the establishment and operation of the 
     center.
       ``(4) The Administrator may provide guidance, assistance, 
     and oversight to any person regarding establishment and 
     operation of alternative workplace arrangements, such as 
     telecommuting, hoteling, virtual offices, and other 
     distributive work arrangements.
       ``(5) In considering whether to acquire any space, 
     quarters, buildings, or other facilities for use by employees 
     of any executive agency, the head of that agency shall 
     consider whether the need for the facilities can be met using 
     alternative workplace arrangements referred to in paragraph 
     (4).
       (b) Section 13 of the Public Building Act of 1959, as 
     amended, (107 Stat. 438; 40 U.S.C. 612) is amended--
       (1) by striking ``(xi)'' and inserting in lieu thereof 
     ``(xii)''; and
       (2) by striking ``and (x)'' and inserting in lieu thereof 
     ``(x) telecommuting centers and (xi)''.
       Sec. 407. None of the funds provided in this Act may be 
     used to implement a plan for the Ronald Reagan Building 
     (International Trade Center, Washington, D.C.) which would 
     permit the Woodrow Wilson Center to pay the General Services 
     Administration less than the rate per square foot assessment 
     for space and services which is paid by other Federal 
     entities.
       Sec. 408. None of the funds provided in this Act may be 
     used to increase the amount of occupiable square feet, 
     provide cleaning services, security enhancements, or any 
     other service usually provided through the Federal Buildings 
     Fund, to any agency which does not pay the requested rate per 
     square foot assessment for space and services as determined 
     by the General Services Administration in compliance with the 
     Public Buildings Amendments Act of 1972 (Public Law 92-313).
       Sec. 409. The Administrator of the General Services is 
     directed to ensure that the materials used for the facade on 
     the United States Courthouse Annex, Savannah, Georgia project 
     are compatible with the existing Savannah Federal Building-
     U.S. Courthouse fascade, in order to ensure compatibility of 
     this new facility with the Savannah historic district and to 
     ensure that the Annex will not endanger the National Landmark 
     status of the Savannah historic district.
       Sec. 410. Notwithstanding any other provision of this or 
     any other Act, during the fiscal year ending September 30, 
     1997, and thereafter, the Administrator of General Services 
     may sell or exchange real property, related assets or 
     interests therein under the custody and control of the 
     General Services Administration, whether or not such property 
     or interests therein are excess to its needs, when the 
     Administrator determines that such sale or exchange is 
     consistent with economical management of the Federal real 
     property portfolio, as such portfolio may be defined by the 
     Administrator: Provided, That any proceeds from such sale or 
     exchange remaining after reimbursing the Administrator for 
     the costs of such sales or changes, including the costs of 
     relocating Federal agencies occupying the property, shall be 
     deposited in the Federal Buildings Fund and shall remain 
     available until expended.

           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, $23,297,000, 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 (including the 
     Information Security Oversight Office) 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, $195,109,000: 
     Provided, That the Archivist of the United States is 
     authorized to use any excess funds available from the amount 
     borrowed for construction of the National Archives facility, 
     for expenses necessary to move into the facility.

              National Archives and Records Administration


                              (Rescission)

       Of the funds made available under this heading in Public 
     Law 104-52, $4,500,000 are rescinded.


             Archives Facilities and Presidential Libraries

                        repairs and restoration

       For the repair, alteration, and improvement of archives 
     facilities and presidential libraries, $9,500,000 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, $4,000,000 to remain available until 
     expended.

                      Office of Government Ethics

                         salaries and expenses

       For necessary expenses to carry out functions of the Office 
     of Government Ethics pursuant to the Ethics in Government Act 
     of 1978, as amended by Public Law 100-598, and the Ethics 
     Reform Act of 1989, Public Law 101-194, including services as 
     authorized by 5 U.S.C. 3109, rental of conference rooms in 
     the District of Columbia and elsewhere, hire of passenger 
     motor vehicles, and not to exceed $1,500 for official 
     reception and representation expenses; $8,078,000.

                     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; 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; and payment of per diem 
     and/or subsistence allowances to employees where Voting 
     Rights Act activities require an employee to remain overnight 
     at his or her post of duty; $86,576,000; and in addition 
     $93,486,000 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 printing materials for annuitants,  for the 
     retirement and insurance programs, of which $2,250,000 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

[[Page H7669]]

     the fiscal year ending September 30, 1997, 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.


           general provisions--office of personnel management

       Sec. 421. The first sentence of section 1304(e)(1) of title 
     5, United States Code, is amended by inserting after 
     ``basis'' the following ``, including personnel management 
     services performed at the request of individual agencies 
     (which would otherwise be the responsibility of such 
     agencies), or at the request of nonappropriated fund 
     instrumentalities''.

                      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, $960,000; and in 
     addition, not to exceed $8,645,000 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.


                             Revolving Fund

       For reducing any accumulated deficit in the accounts of the 
     revolving fund established under 5 U.S.C. 1304(e), 
     $4,755,000.

      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, such sums as may be 
     necessary.

       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.

                       Office of Special Counsel

                         salaries and expenses

       For necessary expenses to carry out functions of the Office 
     of Special Counsel pursuant to Reorganization Plan Numbered 2 
     of 1978, the Civil Service Reform Act of 1978 (Public Law 95-
     454), the Whistleblower Protection Act of 1989 (Public Law 
     101-12), Public Law 103-424, and the Uniformed Services 
     Employment and Reemployment Act of 1994 (Public Law 103-353), 
     including services as authorized by 5 U.S.C. 3109, payment of 
     fees and expenses for witnesses, rental of conference rooms 
     in the District of Columbia and elsewhere, and hire of 
     passenger motor vehicles; $7,840,000.

                        United States Tax Court

                         salaries and expenses

       For necessary expenses, including contract reporting and 
     other services as authorized by 5 U.S.C. 3109, $33,269,000: 
     Provided, That travel expenses of the judges shall be paid 
     upon the written certificate of the judge.
       This title may be cited as the ``Independent Agencies 
     Appropriations Act, 1997''.

                      TITLE V--GENERAL PROVISIONS

                                This Act

       Section 501. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 502. The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract, 
     pursuant to 5 U.S.C. 3109, shall be limited to those 
     contracts where such expenditures are a matter of public 
     record and available for public inspection, except where 
     otherwise provided under existing law, or under existing 
     Executive order issued pursuant to existing law.
       Sec. 503. None of the funds made available to the General 
     Services Administration pursuant to section 210(f) of the 
     Federal Property and Administrative Services Act of 1949 
     shall be obligated or expended after the date of enactment of 
     this Act for the procurement by contract of any guard, 
     elevator operator, messenger or custodial services if any 
     permanent veterans preference employee of the General 
     Services Administration at said date, would be terminated as 
     a result of the procurement of such services, except that 
     such funds may be obligated or expended for the procurement 
     by contract of the covered services with sheltered workshops 
     employing the severely handicapped under Public Law 92-28. 
     Only if such workshops decline to contract for the provision 
     of the covered services may the General Services 
     Administration procure the services by competitive contract, 
     for a period not to exceed 5 years. At such time as such 
     competitive contract expires or is terminated for any reason, 
     the General Services Administration shall again offer to 
     contract for the services from a sheltered workshop prior to 
     offering such services for competitive procurement.
       Sec. 504. None of the funds made available by this Act 
     shall be available for any activity or for paying the salary 
     of any Government employee where funding an activity or 
     paying a salary to a Government employee would result in a 
     decision, determination, rule, regulation, or policy that 
     would prohibit the enforcement of section 307 of the Tariff 
     Act of 1930.
       Sec. 505. None of the funds made available by this Act 
     shall be available for the purpose of transferring control 
     over the Federal Law Enforcement Training Center located at 
     Glynco, Georgia, and Artesia, New Mexico, out of the Treasury 
     Department.
       Sec. 506. No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes within 
     the United States not heretofore authorized by the Congress.
       Sec. 507. No part of any appropriation contained in this 
     Act shall be available for the payment of the salary of any 
     officer or employee of the United States Postal Service, 
     who--
       (1) prohibits or prevents, or attempts or threatens to 
     prohibit or prevent, any officer or employee of the United 
     States Postal Service from having any direct oral or written 
     communication or contact with any Member or committee of 
     Congress in connection with any matter pertaining to the 
     employment of such officer or employee or pertaining to the 
     United States Postal Service in any way, irrespective of 
     whether such communication or contact is at the initiative of 
     such officer or employee or in response to the request or 
     inquiry of such Member or committee; or
       (2) removes, suspends from duty without pay, demotes, 
     reduces in rank, seniority, status, pay, or performance of 
     efficiency rating, denies promotion to, relocates, reassigns, 
     transfers, disciplines, or discriminates in regard to any 
     employment right, entitlement, or benefit, or any term or 
     condition of employment of, any officer or employee of the 
     United States Postal Service, or attempts or threatens to 
     commit any of the foregoing actions with respect to such 
     officer or employee, by reason of any communication or 
     contact of such officer or employee with any Member or 
     committee of Congress as described in paragraph (1).
       Sec. 508. The Office of Personnel Management may, during 
     the fiscal year ending September 30, 1997, accept donations 
     of supplies, services, land, and equipment for the Federal 
     Executive Institute and Management Development Centers to 
     assist in enhancing the quality of Federal management.
       Sec. 509. The United States Secret Service may, during the 
     fiscal year ending September 30, 1997, and hereafter, accept 
     donations of money to off-set costs incurred while protecting 
     former Presidents and spouses of former Presidents when the 
     former President or spouse travels for the purpose of making 
     an appearance or speech for a payment of money or any thing 
     of value.
       Sec. 510. 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 90 days 
     after his release from such service or from hospitalization 
     continuing after discharge for a period of not more than 1 
     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. 511. 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. 512. 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. 513. (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. 514. If it has been finally determined by a court or 
     Federal agency that any person intentionally affixed a label 
     bearing a ``Made

[[Page H7670]]

     in America'' inscription, or any inscription with the same 
     meaning, to any product sold in or shipped to the United 
     States that is not made in the United States, such person 
     shall be ineligible to receive any contract or subcontract 
     made with funds provided pursuant to this Act, pursuant to 
     the debarment, suspension, and ineligibility procedures 
     described in section 9.400 through 9.409 of title 48, Code of 
     Federal Regulations.
       Sec. 515. Except as otherwise specifically provided by law, 
     not to exceed 50 percent of unobligated balances remaining 
     available at the end of fiscal year 1997 from appropriations 
     made available for salaries and expenses for fiscal year 1997 
     in this Act, shall remain available through September 30, 
     1998, for each such account for the purposes authorized: 
     Provided, That a request shall be submitted to the House and 
     Senate Committees on Appropriations for approval prior to the 
     expenditure of such funds.
       Sec. 516. 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 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. 517. Notwithstanding any other provision of law or 
     regulation during the fiscal year ending September 30, 1997, 
     and thereafter:
       (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 authority of the special police officers of the 
     United States Mint extends to the buildings and land under 
     the custody and control of the Mint; to the streets, 
     sidewalks and open areas in the vicinity to such facilities; 
     to surrounding parking facilities used by Mint employees; and 
     to the protection in transit of bullion, coins, dies, and 
     other property and assets of, or in the custody of, the Mint.
       (3) The exercise of police authority by Bureau or Mint 
     officers, with the exception of the exercise of authority 
     upon property under the custody and control of the Bureau or 
     the Mint, respectively, shall be deemed supplementary to the 
     Federal police force with primary jurisdictional 
     responsibility. This authority shall be in addition to any 
     other law enforcement authority which has been provided to 
     these officers under other provisions of law or regulations.
       Sec. 518. No funds appropriated by this Act shall be 
     available to pay for an abortion, or the administrative 
     expenses in connection with any health plan under the Federal 
     employees health benefit program which provides any benefits 
     or coverage for abortions.
       Sec. 519. The provision of section 518 shall not apply 
     where the life of the mother would be endangered if the fetus 
     were carried to term, or the pregnancy is the result of an 
     act of rape or incest.
       Sec. 520. No part of any appropriation made available in 
     this Act shall be used to implement Bureau of Alcohol, 
     Tobacco and Firearms Ruling TD ATF-360; Re: Notice Nos. 782, 
     780, 91F009P.
       Sec. 521. Notwithstanding title 5, United States Code, 
     Personal Service Contractors (PSC) employed by the Department 
     of the Treasury for assignment in a country other than the 
     United States, shall be considered as Federal Government 
     employees for purposes of making available Federal employee 
     health and life insurance.
       Sec. 522. Section 5131 of title 31, United States Code, is 
     amended by striking subsection (c); and by redesignating 
     subsection (d) as subsection (c).
       Sec. 523. Section 5112(i)(4) of title 31, United States 
     Code, is amended by adding at the end the following new 
     subparagraph:
       ``(C) The Secretary may continue to mint and issue coins in 
     accordance with the specifications contained in paragraphs 
     (7), (8), (9), and (10) of subsection (a) and paragraph 
     (1)(A) of this subsection at the same time the Secretary in 
     minting and issuing other bullion and proof gold coins under 
     this subsection in accordance with such program procedures 
     and coin specifications, designs, varieties, quantities, 
     denominations, and inscriptions as the Secretary, in the 
     Secretary's discretion, may prescribe from time to time.'': 
     Provided, That profits generated from the sale of gold to the 
     United States Mint for this program shall be considered as a 
     receipt to be deposited into the General Fund of the 
     Treasury.
       Sec. 524. Section 5112 of title 31, United States Code, is 
     amended by adding at the end the following new subsection:
       ``(k) The Secretary may mint and issue bullion and proof 
     platinum coins in accordance with such specifications, 
     designs, varieties, quantities, denominations, and 
     inscriptions as the Secretary, in the Secretary's discretion, 
     may prescribe from time to time.'': Provided, That the 
     Secretary is authorized to use Government platinum reserves 
     stockpiled at the United States Mint as working inventory and 
     shall ensure that reserves utilized are replaced by the Mint.
       Sec. 525. Voluntary Separation Incentives for Employees of 
     Certain Federal Agencies.--(a) Definitions.--For the purposes 
     of this section--
       (1) the term ``agency'' means the Internal Revenue Service, 
     the Bureau of Alcohol, Tobacco and Firearms, and the United 
     States Customs Service;
       (2) the term ``employee'' means an employee (as defined by 
     section 2105 of title 5, United States Code) who is employed 
     by an agency, is serving under an appointment without time 
     limitation, and has been currently employed for a continuous 
     period of at least 12 months, but does not include--
       (A) any employee who, upon separation and application, 
     would then be eligible for an immediate annuity under 
     subchapter III of chapter 83 or chapter 84 of title 5, United 
     States Code, or another retirement system for employees of 
     the agency;
       (B) a reemployed annuitant under subchapter III of chapter 
     83 or chapter 84 of title 5, United States Code, or another 
     retirement system for employees of the agency;
       (C) an employee having a disability on the basis of which 
     such employee is or would be eligible for disability 
     retirement under the applicable retirement system referred to 
     in subparagraph (A);
       (D) an employee who is in receipt of a specific notice of 
     involuntary separation for misconduct or unacceptable 
     performance;
       (E) an employee who, upon completing an additional period 
     of service is referred to in section 3(b)(2)(B)(ii) of the 
     Federal Workforce Restructuring Act of 1994 (5 U.S.C. 5597 
     note), would qualify for a voluntary separation incentive 
     payment under section 3 of such Act;
       (F) an employee who has previously received any voluntary 
     separation incentive payment by the Federal Government under 
     this section or any other authority and has not repaid such 
     payment;
       (G) an employee covered by statutory reemployment rights 
     who is on transfer to another organization; or
       (H) any employee who, during the twenty four month period 
     preceding the date of separation, has received a recruitment 
     or relocation bonus under section 5753 of title 5, United 
     States Code, or who, within the twelve month period preceding 
     the date of separation, received a retention allowable under 
     section 5754 of title 5, United States Code.
       (b) Agency Strategic Plan.--
       (1) In general.--The head of each agency, prior to 
     obligating any resources for voluntary separation incentive 
     payments, shall submit to the House and Senate Committees on 
     Appropriations and the Committee on Governmental Affairs of 
     the Senate and the Committee on Government Reform and 
     Oversight of the House of Representatives a strategic plan 
     outlining the intended use of such incentive payments and a 
     proposed organizational chart for the agency once such 
     incentive payments have been completed.
       (2) Contents.--The agency's plan shall include--
       (A) the positions and functions to be reduced or 
     eliminated, identified by organizational unit, geographic 
     location, occupational category and grade level;
       (B) the number and amounts of voluntary separation 
     incentive payments to be offered; and
       (C) a description of how the agency will operate without 
     the eliminated positions and functions.
       (c) Authority To Provide Voluntary Separation Incentive 
     Payments.--
       (1) In general.--A voluntary separation incentive payment 
     under this section may be paid by an agency to any employee 
     only to the extent necessary to eliminate the positions and 
     functions identified by the strategic plan.
       (2) Amount and treatment of payments.--A voluntary 
     separation incentive payment--
       (A) shall be paid in a lump sum after the employee's 
     separation;
       (B) shall be paid from appropriations or funds available 
     for the payment of the basic pay of the employees;
       (C) shall be equal to the lesser of--
       (i) an amount equal to the amount the employee would be 
     entitled to receive under section 5595(c) of title 5, United 
     States Code; or
       (ii) an amount determined by the agency head not to exceed 
     $25,000;
       (D) may not be made except in the case of any qualifying 
     employee who voluntarily separates (whether by retirement or 
     resignation) before February 1, 1997;
       (E) shall not be a basis for payment, and shall not be 
     included in the computation, of any other type of Government 
     benefit; and

[[Page H7671]]

       (F) shall not be taken into account in determining the 
     amount of any severance pay to which the employee may be 
     entitled under section 5595 of title 5, United States Code, 
     based on any other separation.
       (d) Additional Agency Contributions to the Retirement 
     Fund.--
       (1) In general.--In addition to any other payments which it 
     is required to make under subchapter III of chapter 83 of 
     title 5, United States Code, an agency shall remit to the 
     Office of Personnel Management for deposit in the Treasury of 
     the United States to the credit of the Civil Service 
     Retirement and Disability Fund an amount equal to 15 percent 
     of the final basic pay of each employee of the agency who is 
     covered under subchapter III of chapter 83 or chapter 84 of 
     title 5, United States Code, to whom a voluntary separation 
     incentive has been paid under this section.
       (2) Definition.--For the purpose of paragraph (1), the term 
     ``final basic pay'', with respect to an employee, means the 
     total amount of basic pay which would be payable for a year 
     of service by such employee, computed using the employee's 
     final rate of basic pay, and, if last serving on other than a 
     full-time basis, with appropriate adjustment therefor.
       (e) Effect of Subsequent Employment With the Government.--
     An individual who has received a voluntary separation 
     incentive payment under this section and accepts any 
     employment for compensation with the Government of the United 
     States, or who works for any agency of the United States 
     Government through a personal services contract, within 5 
     years after the date of the separation on which the payment 
     is based shall be required to pay, prior to the individual's 
     first day of employment, the entire amount of the incentive 
     payment to the agency that paid the incentive payment.
       (f) Reduction of Agency Employment Levels.--
       (1) In general.--The total number of funded employee 
     positions in the agency shall be reduced by one position for 
     each vacancy created by the separation of any employee who 
     has received, or is due to receive, a voluntary separation 
     incentive payment under this section. For the purposes of 
     this subsection, positions shall be counted on a full-time-
     equivalent basis.
       (2) Enforcement.--The President, through the Office of 
     Management and Budget, shall monitor the agency and take any 
     action necessary to ensure that the requirements of this 
     subsection are met.
       (g) Effective Date.--This section shall take effect October 
     1, 1996.
       Sec. 526. That provisions of law governing procurement or 
     public contracts shall not be applicable to the procurement 
     of goods or services necessary for carrying out Bureau of 
     Engraving and Printing program and operation: Provided, That 
     the authority contained in this provision shall expire on 
     September 30, 1999.
       Sec. 527. The United States Mint is hereby authorized to 
     establish a demonstration project under the authorities of 
     title V, U.S.C., chapter 47: Provided, That the Director of 
     the United States Mint shall be appointed by the President, 
     by and with the advice and consent of the Senate; the 
     Director shall serve on the basis of a six-year contract, 
     which may be renewed, so long as the Director's performance, 
     as set forth in an annual performance agreement with the 
     Secretary of the Treasury, is satisfactory; and the Director 
     shall receive as basic compensation for a calendar year an 
     amount equal to the annual rate of basic pay for level I of 
     the Executive Schedule under section 5312 of title 5 and, in 
     addition, may receive an annual bonus awarded by the 
     Secretary, based upon the Secretary's evaluation of the 
     Director's performance in accordance with the performance 
     agreement.
       Sec. 528. (a) Reimbursement of Certain Attorney Fees and 
     Costs.--
       (1) In general.--The Secretary of the Treasury shall pay 
     from amounts appropriated in title I of this Act under the 
     heading, ``Departmental Offices, Salaries and Expenses'', up 
     to $500,000 to reimburse former employees of the White House 
     Travel Office whose employment in that Office was terminated 
     on May 19, 1993, for any attorney fees and costs they 
     incurred with respect to that termination.
       (2) Verification required.--The Secretary shall pay an 
     individual in full under paragraph (1) upon submission by the 
     individual of documentation verifying the attorney fees and 
     costs.
       (3) No inference of liability.--Liability of the United 
     States shall not be inferred from enactment of or payment 
     under this subsection.
       (b) Limitation on Filing of Claims.--The Secretary of the 
     Treasury shall not pay any claim filed under this section 
     that is filed later than 120 days after the date of the 
     enactment of this Act.
       (c) Reduction.--The amount paid pursuant to this section to 
     an individual for attorney fees and costs described in 
     subsection (a) shall be reduced by any amount received before 
     the date of the enactment of this Act, without obligation for 
     repayment by the individual, for payment of such attorney 
     fees and costs (including any amount received from the funds 
     appropriated for the individual in the matter relating to the 
     ``Office of the General Counsel'' under the heading ``Office 
     of the Secretary'' in title I of the Department of 
     Transportation and Related Agencies Appropriations Act, 
     1994).
       (d) Payment in Full Settlement of Claims Against the United 
     States.--Payment under this section, when accepted by an 
     individual described in subsection (a), shall be in full 
     satisfaction of all claims of, or on behalf of, the 
     individual against the United States that arose out of the 
     termination of the White House Travel Office employment of 
     that individual on May 19, 1993.
       Sec. 529. None of the funds made available in this Act may 
     be used by the Executive Office of the President to request 
     from the Federal Bureau of Investigation any official 
     background investigation report on any individual, except 
     when it is made known to the Federal official having 
     authority to obligate or expend such funds that--
       (1) such individual has given his or her express written 
     consent for such request not more than 6 months prior to the 
     date of such request and during the same presidential 
     administration; or
       (2) such request is required due to extraordinary 
     circumstances involving national security.

                      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 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 5 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) is a South Vietnamese, Cambodian, or 
     Laotian refugee paroled in the United States after January 1, 
     1975, or (6) is a national of the People's Republic of China 
     who qualifys 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 1 year, or both: Provided 
     further, That the

[[Page H7672]]

     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, or 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 60 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. 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. (a) In General.--Section 1306 of title 31, United 
     States Code, is amended to read as follows:

     ``Sec. 1306. Use of foreign credits

       ``(a) In General.--Foreign credits (including currencies) 
     owed to or owned by the United States may be used by any 
     agency for any purpose for which appropriations are made for 
     the agency for the current fiscal year (including the 
     carrying out of Acts requiring or authorizing the use of such 
     credits), but only when reimbursement therefor is made to the 
     Treasury from applicable appropriations of the agency.
       ``(b) Exception to Reimbursement Requirement.--Credits 
     described in subsection (a) that are received as exchanged 
     allowances, or as the proceeds of the sale of personal 
     property, may be used in whole or partial payment for the 
     acquisition of similar items, to the extent and in the manner 
     authorized by law, without reimbursement to the Treasury.''.
       (b) Applicability.--The amendment made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply thereafter.
       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, 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 616 of the Treasury, Postal 
     Service and General Government Appropriations Act, 1996, 
     until the normal effective date of the applicable wage survey 
     adjustment that is to take effect in fiscal year 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 616; and
       (2) during the period consisting of the remainder of fiscal 
     year 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 
     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 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 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, 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, 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, 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. 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

[[Page H7673]]

     to existing locations, to be used for the purpose of 
     conducting Federal law enforcement training without the 
     advance approval of the House and Senate Committees on 
     Appropriations.
       Sec. 619. Notwithstanding section 1346 of title 31, United 
     States Code, or section 613 of this Act, funds made available 
     for fiscal year 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. (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. 621. No department, agency, or instrumentality of the 
     United States receiving appropriated funds under this or any 
     other Act for fiscal year 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. 622. 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 designees, persons providing 
     assistance to the President for official purposes, or other 
     individuals so designated by the President.
       Sec. 623. 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. 624. (a) None of the funds made available in this Act 
     or any other 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. 625. No funds appropriated in this or any other Act 
     for fiscal year 1997 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 shall 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. 626. (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 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, 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.
       Sec. 627. Subsection (f) of section 403 of Public Law 103-
     356 is amended by deleting ``October 1, 1999'' and inserting 
     ``October 1, 2001''.
       Sec. 628. (a) In General.--Notwithstanding any other 
     provision of law, none of the funds made available by this 
     Act for the Department of the Treasury shall be available for 
     any activity or for paying the salary of any Government 
     employee where funding an activity or paying a salary to a 
     Government employee would result in a decision, 
     determination, rule, regulation, or policy that would permit 
     the Secretary of the Treasury to make any loan or extension 
     of credit under section 5302 of title 31, United States Code, 
     with respect to a single foreign entity or government of a 
     foreign country (including agencies or other entities of that 
     government)--
       (1) with respect to a loan or extension of credit for more 
     than 60 days, unless the President certifies to the Committee 
     on Banking, Housing, and Urban Affairs of the Senate and the 
     Committee on Banking and Financial Services of the House of 
     Representatives that--
       (A) there is no projected cost (as that term is defined in 
     section 502 of the Federal Credit Reform Act of 1990) to the 
     United States from the proposed loan or extension of credit; 
     and
       (B) any proposed obligation or expenditure of United States 
     funds to or on behalf of the foreign government is adequately 
     backed by an assured source of repayment to ensure that all 
     United States funds will be repaid; and
       (2) other than as provided by an Act of Congress, if that 
     loan or extension of credit would result in expenditures and 
     obligations, including contingent obligations, aggregating 
     more than $1,000,000,000 with respect to that foreign country 
     for more than 180 days during the 12-month period beginning 
     on the date on which the first such action is taken.
       (b) Waiver of Limitations.--The President may exceed the 
     dollar and time limitations in subsection (a)(2) if he 
     certifies in writing to the Congress that a financial crisis 
     in that foreign country poses a threat to vital United States 
     economic interests or to the stability of the international 
     financial system.
       (c) Expedited Procedures in the Senate for a Resolution of 
     Disapproval.--A presidential certification pursuant to 
     subsection

[[Page H7674]]

     (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.
       (2) Discharge of committees.--(A) If the committee of the 
     Senate to which a joint 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 joint 
     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) In the Senate a motion to discharge may be made only by 
     an individual favoring the joint resolution, and is 
     privileged; and debate thereon shall be limited to not more 
     than 1 hour, the time to be divided equally between, and 
     controlled by, the majority leader and the minority leader or 
     their designees.
       (3) Floor consideration.--(A) A motion in the Senate to 
     proceed to the consideration of a joint resolution shall be 
     privileged.
       (B) Debate in the Senate on a joint 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 joint 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 joint 
     resolution, except that in the event the manager of the joint 
     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 joint 
     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 
     joint resolution, debatable motion, or appeal is not 
     debatable. No amendment to, or motion to recommit, a 
     resolution is in order.
       (4) If prior to the passage by the Senate of a resolution, 
     the Senate receives a joint resolution with respect to the 
     same matter from the House of Representatives, then--
       (A) the procedure in the Seante shall be the same as if no 
     resolution had been received from the House; but
       (B) the vote on final passage shall be on the resolution of 
     the 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 628(c) of the Treasury, Postal 
     Service, and General Government Appropriations Act, 1997, 
     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 1997.
       Sec. 629. (a) Technical Amendment.--Section 640 of Public 
     Law 104-52 (109 Stat. 513) is amended by striking ``Service 
     performed'' and inserting ``Hereafter, service performed''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if included in Public Law 104-52 on the 
     date of its enactment.
       Sec. 630. Notwithstanding any other provision of law, no 
     part of any appropriation contained in this Act for any 
     fiscal year shall be available for paying Sunday premium or 
     differential pay to any employee unless such employee 
     actually performed work during the time corresponding to such 
     premium or differential pay.
       Sec. 631. No part of any funds appropriated in this or any 
     other Act shall be used by an agency of the executive branch, 
     other than for normal and recognized executive-legislative 
     relationships, for publicity or propaganda purposes, and for 
     the preparation, distribution or use of any kit, pamphlet, 
     booklet, publication, radio, television or film presentation 
     designed to support or defeat legislation pending before the 
     Congress, except in presentation to the Congress itself.
       Sec. 632. (a) Federal Employee Representation 
     Improvement.--Subsection (d) of section 205 of title 18, 
     United States Code, is amended to read as follows:
       ``(d)(1) Nothing in subsection (a) or (b) prevents an 
     officer or employee, if not inconsistent with the faithful 
     performance of that officer's or employee's duties, from 
     acting without compensation as agent or attorney for, or 
     otherwise representing--
       ``(A) any person who is the subject of disciplinary, 
     loyalty, or other personnel administration proceedings in 
     connection with those proceedings; or
       ``(B) except as provided in paragraph (2), any cooperative, 
     voluntary, professional, recreational, or similar 
     organization or group not established or operated for profit, 
     if a majority of the organization's or group's members are 
     current officers or employees of the United States or of the 
     District of Columbia, or their spouses or dependent children.
       ``(2) Paragraph (1)(B) does not apply with respect to a 
     covered matter that--
       ``(A) is a claim under subsection (a)(1) or (b)(1);
       ``(B) is a judicial or administrative proceeding where the 
     organization or group is a party; or
       ``(C) involves a grant, contract, or other agreement 
     (including a request for any such grant, contract, or 
     agreement) providing for the disbursement of Federal funds to 
     the organization or group.''.
       (b) Application to Labor-Management Relations.--Section 205 
     of title 18, United States Code, is amended by adding at the 
     end the following:
       ``(i) Nothing in this section prevents an employee from 
     acting pursuant to--
       ``(1) chapter 71 of title 5;
       ``(2) section 1004 or chapter 12 of title 39;
       ``(3) section 3 of the Tennessee Valley Authority Act of 
     1933 (16 U.S.C. 831b);
       ``(4) chapter 10 of title I of the Foreign Service Act of 
     1980 (22 U.S.C. 4104 et seq.); or
       ``(5) any provision of any other Federal or District of 
     Columbia law that authorizes labor-management relations 
     between an agency or instrumentality of the United States or 
     the District of Columbia and any labor organization that 
     represents its employees.''.
       (c) Applicability.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply thereafter.
       Sec. 633. Survivor Annuity Resumption Upon Termination of 
     Marriage.--(a) Amendments.--
       (1) Civil service retirement system.--Section 8341(e) of 
     title 5, United States Code, is amended by adding at the end 
     the following:
       ``(4) If the annuity of a child under this subchapter 
     terminates under paragraph (3)(E) because of marriage, then, 
     if such marriage ends, such annuity shall resume on the first 
     day of the month in which it ends, but only if--
       ``(A) any lump sum paid is returned to the Fund; and
       ``(B) that individual is not otherwise ineligible for such 
     annuity.''.
       (2) Federal employees' retirement system.--Section 8443(b) 
     of such title is amended by adding at the end the following: 
     ``If the annuity of a child under this subchapter terminates 
     under subparagraph (E) because of marriage, then, if such 
     marriage ends, such annuity shall resume on the first day of 
     the month in which it ends, but only if any lump sum paid is 
     returned to the Fund, and that individual is not otherwise 
     ineligible for such annuity.''.
       (b) Applicability.--The amendments made by section 1 shall 
     apply with respect to any termination of marriage taking 
     effect on or after November 1, 1993, except that any 
     recomputation of benefits shall be payable only with respect 
     to amounts accruing for periods beginning on or after the 
     date of the enactment of this Act.
       Sec. 634. Availability of Annual Leave To Meet Minimum Age 
     and Service Requirements for Title to an Immediate Annuity.--
     (a) Civil Service Retirement System.--Section 8336 of title 
     5, United States Code, is amended by adding at the end the 
     following:
       ``(o)(1) An employee involuntarily separated from service 
     due to a reduction in force shall, upon written election, be 
     given credit for days of unused annual leave standing to such 
     employee's credit under a formal leave system as of the date 
     of separation, if and to the extent necessary in order to 
     meet the minimum age and service requirements for title to an 
     annuity under this section.
       ``(2) The Office shall prescribe any regulations which may 
     be necessary to carry out this subsection, including 
     regulations under which contributions to the Fund shall, with 
     respect to the days of leave for which credit is given under 
     this subsection, be made--
       ``(A) by the employee, equal to the employee contributions 
     which would have been required for those days if separation 
     had not occurred; and
       ``(B) by the agency from which separated, equal to the 
     Government contributions which would have been required if 
     separation had not occurred.

     Contributions under the preceding sentence shall be 
     determined based on the rate of basic pay last in effect 
     before separation.
       ``(3) Nothing in this subsection shall be considered--
       ``(A) to allow credit to be given for any leave standing to 
     the credit of the employee (other than by restoration) 
     pursuant to subchapter III or IV of chapter 63 or other 
     similar authority;
       ``(B) to permit or require the making of any contributions 
     to the Thrift Savings Fund with respect to any period after 
     the date of separation; or
       ``(C) to make any days of annual leave creditable for 
     purposes of section 8333, any determination of average pay, 
     or any computation of annuity.
       ``(4)(A) The taking of a lump-sum payment under section 
     5551 or other similar authority shall not make any of the 
     leave to which such payment relates unavailable for purposes 
     of this subsection.
       ``(B) The use of any leave for purposes of this subsection 
     shall not reduce the amount

[[Page H7675]]

     of leave for which a lump-sum payment is payable under 
     section 5551 or other similar authority.
       ``(5) This subsection shall apply with respect to 
     separations occurring on or after the date of the enactment 
     of this subsection and before July 1, 2002.''.
       (b) Federal Employees' Retirement System.--Section 8412 of 
     title 5, United States Code, is amended by adding at the end 
     the following:
       ``(i)(1) An employee involuntarily separated from service 
     due to a reduction in force shall, upon written election, be 
     given credit for days of unused annual leave standing to such 
     employee's credit under a formal leave system as of the date 
     of separation, if and to the extent necessary in order to 
     meet the minimum age and service requirements for title to an 
     annuity under this section or section 8414.
       ``(2) The Office shall prescribe any regulations which may 
     be necessary to carry out this subsection, including 
     regulations under which contributions to the Fund shall, with 
     respect to the days of leave for which credit is given under 
     this subsection, be made--
       ``(A) by the employee, equal to the employee contributions 
     which would have been required for those days if separation 
     had not occurred; and
       ``(B) by the agency from which separated, equal to the 
     Government contributions which would have been required if 
     separation had not occurred.

     Contributions under the preceding sentence shall be 
     determined based on the rate of basic pay last in effect 
     before separation.
       ``(3) Nothing in this subsection shall be considered--
       ``(A) to allow credit to be given for any leave standing to 
     the credit of the employee (other than by restoration) 
     pursuant to subchapter III or IV of chapter 63 or other 
     similar authority;
       ``(B) to permit or require the making of any contributions 
     to the Thrift Savings Fund with respect to any period after 
     the date of separation; or
       ``(C) to make any days of annual leave creditable for 
     purposes of section 8410, any determination of average pay, 
     or any computation of annuity.
       ``(4)(A) The taking of a lump-sum payment under section 
     5551 or other similar authority shall not make any of the 
     leave to which such payment relates unavailable for purposes 
     of this subsection.
       ``(B) The use of any leave for purposes of this subsection 
     shall not reduce the amount of leave for which a lump-sum 
     payment is payable under section 5551 or other similar 
     authority.
       ``(5) This subsection shall apply with respect to 
     separations occurring on or after the date of the enactment 
     of this subsection and before July 1, 2002.''.
       Sec. 635. Section 207(e)(6)(B) of title 18, United States 
     Code, is amended by striking ``level V of the Executive 
     Schedule'' and inserting ``level 5 of the Senior Executive 
     Service''.
       Sec. 636. Reimbursements Relating to Professional Liability 
     Insurance.--(a) Authority.--Notwithstanding any other 
     provision of law, amounts appropriated by this Act (or any 
     other Act for fiscal year 1997 or any fiscal year thereafter) 
     for salaries and expenses may be used to reimburse any 
     qualified employee for not to exceed one-half the costs 
     incurred by such employee for professional liability 
     insurance. A payment under this section shall be contingent 
     upon the submission of such information or documentation as 
     the employing agency may require.
       (b) Qualified Employee.--For purposes of this section, the 
     term ``qualified employee'' means an agency employee whose 
     position is that of--
       (1) a law enforcement officer; or
       (2) a supervisor or management official.
       (c) Definitions.--For purposes of this section--
       (1) the term ``agency'' means an Executive agency, as 
     defined by section 105 of title 5, United States Code;
       (2) the term ``law enforcement officer'' means an employee, 
     the duties of whose position are primarily the investigation, 
     apprehension, prosecution, or detention of individuals 
     suspected or convicted of offenses against the criminal laws 
     of the United States, including any law enforcement officer 
     under section 8331(20) or 8401(17) of such title 5;
       (3) the terms ``supervisor'' and ``management official'' 
     have the respective meanings given them by section 7103(a) of 
     such title 5, and
       (4) the term ``professional liability insurance'' means 
     insurance which provides coverage for--
       (A) legal liability for damages due to injuries to other 
     persons, damage to their property, or other damage or loss to 
     such other persons (including the expenses of litigation and 
     settlement) resulting from or arising out of any tortious 
     act, error, or omission of the covered individual (whether 
     common law, statutory, or constitutional) while in the 
     performance of such individual's official duties as a 
     qualified employee; and
       (B) the cost of legal representation for the covered 
     individual in connection with any administrative or judicial 
     proceeding (including any investigation or disciplinary 
     proceeding) relating to any act, error, or omission of the 
     covered individual while in the performance of such 
     individual's official duties as a qualified employee, and 
     other legal costs and fees relating to any such 
     administrative or judicial proceeding.
       (d) Applicability.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply thereafter.

 TITLE VII--SUPPLEMENTAL APPROPRIATIONS AND RESCISSIONS FOR THE FISCAL 
                     YEAR ENDING SEPTEMBER 30, 1996

                Bureau of Alcohol, Tobacco and Firearms


                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'' to 
     be used in connection with investigations of arson at 
     religious institutions, $12,011,000, available upon enactment 
     of this Act and to remain available until expended.

                        Internal Revenue Service


                          information systems

                              (rescission)

       Of the funds made available under this heading for Tax 
     Systems Modernization in Public Law 104-52, $12,011,000 are 
     rescinded.
       This Act may be cited as the ``Treasury, Postal Service, 
     and General Government Appropriations Act, 1997''.

  The CHAIRMAN. Are there any points of order against provisions in the 
bill?


                             Point of Order

  Mrs. SEASTRAND. Mr. Chairman, I make a point of order against section 
406 beginning on page 53, line 15 through page 55, line 12, which 
authorizes the establishment of telecommuting centers, on the ground 
that it is legislation on an appropriation bill in violation of rule 
XXI, clause 2(b) of the rules of the House.
  The CHAIRMAN. Are there any Members who wish to be heard on the point 
of order?
  If not, for the reasons stated by the gentlewoman from California, 
the point of order is sustained. The section is stricken. Are there any 
other points of order?


                             Point of Order

  Mrs. SEASTRAND. Mr. Chairman, I make a point of order against section 
410 beginning on page 56, line 13 through page 57, line 3, which 
authorizes the administrator of GSA to sell or exchange real property 
whether or not it is excess to the needs of the United States, on the 
ground that it is legislation on an appropriation bill in violation of 
rule XXI, clause 2(b) of the rules of the House.
  The CHAIRMAN. Are there any Members who wish to be heard on the point 
of order?
  Mr. HOYER. Mr. Chairman, on the point of order, is it appropriate for 
me from a parliamentary standpoint to ask the chairman of the 
subcommittee for a clarification of the facts while I make my point of 
order?
  The CHAIRMAN. The chairman of the subcommittee can also be heard on 
the point of order, and if the gentleman from Maryland wishes to defer 
to the gentleman from Iowa, he certainly may.
  Mr. HOYER. Mr. Chairman, is it my understanding that the rule does 
not protect this provision but does protect all other provisions in the 
bill which would have been subject to a similar point of order, that 
that is why this is in order; is that correct?
  Mr. LIGHTFOOT. Mr. Chairman, the gentleman is correct, with the 
exception of section 406 which she has already raised a point of order 
against.
  Mr. HOYER. Mr. Chairman, in light of the fact that the Ways and Means 
Committee, as I understand it, did not contact the Rules Committee but 
that the committee which the gentlewoman from California is 
representing now did, my understanding is the Rules Committee did not 
protect it, I will not contest the point of order.
  The CHAIRMAN. The point of order is sustained for the reasons stated 
by the gentlewoman from California. The section is stricken.
  Pursuant to the order of the House of Tuesday, July 16, 1996, no 
further amendments shall be in order except the following amendments, 
not necessarily in any prescribed order, which shall be considered 
read, shall not be subject to amendment or to a demand for division of 
the question, and shall be debatable for the time specified, equally 
divided and controlled by the proponent and a member opposed: An 
amendment by the gentleman from Massachusetts [Mr. Kennedy] regarding 
the Customs Service, for 10 minutes.
  Mr. HOYER. Mr. Chairman, is unanimous consent in order so that I 
might have a colloquy prior to the consideration of the amendments with 
the chairman of the subcommittee?
  The CHAIRMAN. The gentleman can, of course, move to strike the last 
word

[[Page H7676]]

by unanimous consent. The Chair would like to proceed with outlining 
the agreement that was struck yesterday.
  Mr. HOYER. Mr. Chairman, as a practical matter, we have some Members 
that are just getting word that we are going forward. We need to do 
this colloquy. I thought it might be helpful to do this colloquy first 
while Members are coming to the floor.
  The CHAIRMAN. To encourage Members to come to the floor, the 3-page 
statement which the Chair is about to proceed with would help in the 
shared goal.
  An amendment by the gentleman from Massachusetts [Mr. Kennedy] 
regarding the Customs Service, for 10 minutes; an amendment by the 
gentleman from Illinois [Mr. Durbin] regarding firearms disabilities, 
for 30 minutes; an amendment by the gentlewoman from Connecticut [Mrs. 
Johnson] regarding IRS funding, for 10 minutes; an amendment by the 
gentleman from Ohio [Mr. Traficant], for 10 minutes; an amendment by 
the gentleman from Maryland [Mr. Hoyer] or the gentlewoman from New 
York [Mrs. Lowey] to strike sections 518 and 519, for 30 minutes; an 
amendment by the gentleman from Maryland [Mr. Hoyer] regarding buyouts, 
for 10 minutes; an amendment by the gentleman from Virginia [Mr. Wolf] 
regarding buyouts, for 10 minutes; an amendment by the gentleman from 
Georgia [Mr. Kingston] regarding customs ports of entry, for 9 minutes; 
an amendment by the gentleman from Minnesota [Mr. Gutknecht] regarding 
an across-the-board cut, for 20 minutes; an amendment by the gentleman 
from Vermont [Mr. Sanders] regarding health maintenance organizations, 
for 20 minutes; an amendment by the gentlewoman from Ohio [Mr. Kaptur] 
regarding China tariffs, for 10 minutes; an amendment by the gentleman 
from New York [Mr. Solomon] regarding a limitation on the comptroller 
of the currency, for 10 minutes; an amendment by the gentleman from 
Arizona [Mr. Salmon] regarding the White House travel office, for 10 
minutes; an amendment by the gentleman from Maryland [Mr. Hoyer], for 
10 minutes; and an amendment by the gentleman from Pennsylvania [Mr. 
Gekas], for 10 minutes .


           amendment offered by mr. kennedy of massachusetts

  Mr. KENNEDY of Massachusetts. Mr. Chairman, I offered an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment offered by Mr. Kennedy of Massachusetts: Page 16, 
     line 19, strike the second semicolon and insert the 
     following: ``(increased by $500,000) (reduced by 
     $500,000);''.

  The CHAIRMAN. Pursuant to the order of the House of Tuesday, July 16, 
1996, the gentleman from Massachusetts [Mr. Kennedy] and a Member 
opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Massachusetts [Mr. Kennedy].
  Mr. KENNEDY of Massachusetts. Mr. Chairman, I yield myself such time 
as I may consume.
  Mr. Chairman, I offer this amendment with the gentleman from New 
Jersey [Mr. Smith], and I appreciate the willingness of the chairman of 
the committee to work with us in supporting this amendment as he 
indicated last evening.
  I think the chairman of this committee ought to be commended for the 
initiatives that he has established in terms of trying to make certain 
that unfair labor practices that go on in countries that we regularly 
trade with, specifically China and other countries, have made it a 
course of their nation's national policy to utilize terribly, terribly, 
not only unfair but really despicable practices in terms of the kinds 
of labor use that takes place in these countries.
  In China, we know of people who are forced into labor in terms of the 
kinds of actions that take place in the prison systems. In other 
countries, such as Pakistan and India, we are all too cruelly aware of 
the fact that there are millions of soccer balls, for instance, that 
come from Pakistan; 25 percent of the world's soccer balls come from 
Pakistan where child labor is utilized. Children are forced to work 8 
or 10 hours a day at the ages of as young as 3 and 4 and 5 years old. 
They work for 15, 16, 17 cents an hour.
  Mr. Chairman, we are about to establish the Olympics right down the 
street at RFK Stadium, and the soccer balls used by the Olympics this 
year in many cases will be balls that were made with child slave labor. 
Kids all over America are playing with soccer balls that are made with 
child labor. Kids that are forced into labor without any of their 
personal consent, working in dark, dingy conditions, 8 or 10 hours a 
day, no proper food or nutrition, no proper health care or any kind of 
reasonable hourly wage.
  In Pakistan, we also know of kids, like Iqbal Masih, who are chained 
to rug looms and forced over and over each and every day to work 10, 
12, 15 hours a day, and are sold by their families to individuals that 
then have whole factories of kids that are making products which we 
then import into the United States. It not only is unconscionable, and 
millions of American consumers that buy these goods on a regular basis 
have no idea that these kinds of conditions are actually taking place 
in terms of the work force that are making the goods.
  Mr. Chairman, we sometimes wonder why we can buy goods these days at 
such cheap prices. I remember Chris Smith telling me that his family 
ran a sporting goods store in New Jersey and that 15 years ago or so a 
soccer ball used to cost $35. Today it costs $15 or $18. He says the 
reason why the price has dropped so significantly is because the cost 
of labor in terms of the child slave wages that are being paid has 
dropped so significantly.
  What this amendment will do is take a few dollars out of the general 
fund that is appropriated and use those moneys specifically for the 
purposes of hiring an individual who will work for the Department of 
Commerce to inspect the goods that are made in both India and Pakistan, 
one employee per country, to make sure that child slave labor is not 
involved in the manufacture of those products that we import from those 
countries.
  I just want to thank the gentleman from New Jersey [Mr. Smith], and I 
want to thank in particular the gentleman from Iowa [Mr. Lightfoot]. I 
know in talking with his staff that there have been difficulties in the 
past in terms of working out these arrangements with the Department of 
State, but I think we have put enough funds into this legislation to 
make certain that we have the necessary wherewithal to reimburse the 
State Department.
  Mr. Chairman, I also want to thank the gentleman from Maryland [Mr. 
Hoyer], my good friend, who has been a very outspoken critic of the 
kinds of unfair labor practices that take place in so many foreign 
countries and who has been a great supporter of this legislation.
  Mr. Chairman, I have an amendment at the desk, and I ask unanimous 
consent that it be considered as read. I appreciate the willingness of 
Chairman Lightfoot and Mr. Hoyer to accept this amendment, and I would 
like to thank Mr. Smith for his strong support on behalf of this 
amendment.
  I think the chairman of this committee should be commended for the 
initiatives that he has established trying to end unfair labor 
practices in all countries--especially countries which utilize forced 
labor and child labor, and I thank him again for his support of my 
amendment.
  The purpose of my amendment is to fund two additional overseas 
positions for customs service investigators. The bill already funds 
three overseas positions--in Singapore, Hong Kong, and Beijing. My 
amendment will fund a criminal investigator in New Delhi, India, and in 
the Sialkot region of Pakistan.
  These are two areas in the world where child labor is a particularly 
significant problem.
  We know that there are factories where children, who were sold into 
slavery by their families, are making products which then are imported 
into the United States. This is unconscionable. Millions of American 
consumers who buy these goods on a regular basis have no idea that 
these goods are being produced using child labor.
  These children are forced into labor, without their consent, working 
in dark, dingy conditions, without proper food or nutrition, without 
proper health care, without any kind of reasonable hourly wage.
  In Pakistan and in India children are chained to rug looms for 10 to 
12 hours at a time, being forced to tie tiny knots with their small 
fingers.
  Children in Pakistan help produce 35m soccer balls annually--25 
percent of these balls are stitched by children being paid only 5

[[Page H7677]]

cents an hour. Each child earns an average of $.70 per ball--and an 
average daily wage of $1.20. These children work 80 hours a week in 
near total darkness and total silence.
  I have long fought to end the forced labor of children. I have heard 
the sad testimony of children like Iqbal Masih, enslaved in a rug 
making factory in Pakistan for 6 long years, only to be killed a year 
after he managed to escape and after he had started to fight for the 
rights of children in forced labor.
  I have heard the stories of the children of Broadmeadow School in 
Quincy, MA, who raised over $100,000 to build a school in Iqbal's home 
town, because the children there didn't have access to a basic 
education.
  And I have heard firsthand the stories of witnesses who have observed 
children as young as 3 and 4 struggling to stitch soccer balls to be 
exported around the world. In some instances the needles being used to 
stitch the balls are longer than the fingers of the children doing the 
stitching. One 3-year-old was able to manage the needle but couldn't 
handle the scissors, and had to have another small co-worker help her.
  Mr. Chairman, Washington DC, will soon be hosting Olympic soccer 
games just down the street from the U.S. Capitol, and the soccer balls 
being used by the Olympics this year in many cases will be balls 
stitched with child slave labor.
  We sometimes wonder why we can buy goods these days at such cheap 
prices. I remember Chris Smith telling me that his family ran a 
sporting goods store in New Jersey and that 15 years ago a soccer ball 
used to cost $35. Today it costs $15 or $18. He says the reason why the 
price has dropped so significantly is because the cost of labor has 
dropped significantly. Why? Because child labor is being employed.
  Adding these two overseas investigator positions will also be an 
important step in executing the FoulBall Campaign. The FoulBall 
Campaign is a coordinated international effort using both the power of 
legislation and consumer action to end the use of child labor in the 
soccer ball industry.
  Lauched on June 28 by Representative Kennedy, Labor Secretary Robert 
Reich, and others, the Campaign strives to increase awareness of the 
widespread use of child workers by soccer ball manufacturers and to 
encourage the public and soccer organizations in every city and town 
across America to reject balls stitched by child workers.
  I hope we all see the day where child slavery no longer exists, and I 
applaud initiatives such as Rugmark, which seeks to educate consumers 
about the exploitation of children, and to mobilize consumers to 
support products not made with child labor.
  Consumers have a right to know that the products they are purchasing 
were not made with child slave labor. They have a right to know that 
their children are not learning to walk on rugs knotted by young 
children, and that their sons and daughters are not playing with a 
soccer ball that was stitched by little hands.
  By adding two inspectors positions overseas, we will be better able 
to identify the goods being manufactured with child labor, and keep 
those items from being shipped to the United States and from being 
placed on the shelves of stores across this country.
  Mr. Chairman, I reserve the balance of my time.

                              {time}  1045

  Mr. LIGHTFOOT. Mr. Chairman, I ask unanimous consent to control the 
other 5 minutes.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Iowa?
  There was no objection.
  Mr. LIGHTFOOT. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, I am willing to accept the amendment of the gentleman 
from Massachusetts and would like to briefly address some concerns we 
have with it. I think it is something we can work on. We obviously need 
to very carefully target our overseas personnel, where we put them, why 
we put them there. The concern with the amendment is we are putting 
people in the locations where we have not passed any legislation yet 
here in the House that addresses that.
  As the gentleman knows, the bill includes additional Customs people 
to go into China. That was not done in a vacuum. We did not include 
that provision without first talking with Commissioner Weise and the 
Secretary of State, Mr. Christopher, as well, to get sign-off on it.
  If the gentleman is willing to work with me as we go to conference 
with the Senate on my concern as well as any that the administration 
may have to be sure that everyone is signed off on this, I really do 
not see why they should not be, I would be very happy, pleased, to 
accept the amendment because I think he is trying to do the right 
thing.
  Mr. HOYER. Mr. Chairman, will the gentleman yield?
  Mr. LIGHTFOOT. I yield to the gentleman from Maryland.
  Mr. HOYER. Mr. Chairman, I rise in strong support of this amendment 
and am very pleased that the chairman saw fit to accept it. I am one of 
those who believes that our policy, whether it deals with trade or any 
other facet of international relations, ought to reflect our commitment 
to human rights. Of course our commitment to human rights ought to be 
particularly keen when it comes to the most vulnerable people in our 
world, and that is our children.
  America itself suffered and from time to time still suffers from the 
abuse of children. We talk about child abuse, this is child abuse. This 
is the utilization of children for economic gain, while substantially 
damaging their health and robbing them of their childhood and ruining 
their lives. America, among the nations, ought to stand tallest and 
most strongly raise the issue that we will not be complicit in this 
treatment or maltreatment of children.
  I congratulate the gentleman from Massachusetts. No voice has been 
stronger in this Congress or in this country on behalf of the rights of 
those who have been disenfranchised and discriminated against and 
undermined in this health and in their quality of living than has the 
voice of the gentleman from Massachusetts, Joe Kennedy, and I am 
pleased to be allied with him in this amendment and thank him for his 
leadership and offering of this amendment.
  Mr. KENNEDY of Massachusetts. Mr. Chairman, will the gentleman yield?
  Mr. LIGHTFOOT. I yield to the gentleman from Massachusetts.
  Mr. KENNEDY of Massachusetts. Mr. Chairman, I very much appreciate 
the gentleman's cautions with regard to the State Department's 
willingness to work some of these issues out in terms of the local 
countries. I do believe that it is important, and I appreciate your 
willingness to accept this amendment because I think that it is 
important for the Congress of the United States to let the executive 
branch know and particularly the State Department know that we are very 
interested in human rights, as the gentleman from Maryland [Mr. Hoyer] 
indicated, being a major portion of this country's foreign policy.
  I do not think we should stand for having other countries export into 
the United States when they are being abusive of their own citizens, 
particularly of young children that they are forcing into these kinds 
of labor situations.
  So I think that we ought to take the stand, and I appreciate the 
gentleman's willingness to fight for it when we get into conference. I 
would hope that the administration would be supportive. They have given 
us indications of their support, but I know that with the gentleman out 
there leading the fight, Mr. Chairman, that we will fare well.
  Mr. LIGHTFOOT. Reclaiming my time, Mr. Chairman, let me quickly 
respond to my friend, the gentleman from Massachusetts [Mr. Kennedy]. I 
appreciate the kind words and I think, as I said earlier, I think this 
is the right thing to do.
  A lot of things we cannot settle around here legislatively, but this 
is one I think we can. It would be very important that we do get the 
sign-off, I think, from the administration and obviously the gentleman 
can help us a great deal in that measure. So I appreciate his bringing 
this amendment forward. I think it is timely and hopefully it will 
solve a problem we are all very concerned with.
  Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Massachusetts [Mr. Kennedy].
  The amendment was agreed to.


                   amendment offered by mr. traficant

  Mr. TRAFICANT. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment offered by Mr. Traficant: Page 24, after line 3, 
     insert the following new section:
       Sec. 105. The Internal Revenue Service shall contract with 
     an independent accounting firm to determine the revenue 
     losses (if

[[Page H7678]]

     any) which would result from implementing H.R. 2450, as 
     introduced in the 104th Congress.

  The CHAIRMAN. The gentleman from Ohio [Mr. Traficant] will be 
recognized for 5 minutes in support of his amendment, and a Member in 
opposition will be recognized for 5 minutes.
  The Chair recognizes the gentleman from Ohio [Mr. Traficant].
  Mr. TRAFICANT. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, my amendment is straightforward. It says that there 
shall be an outside objective study performed on H.R. 2450, which would 
in fact change the burden of proof in a civil tax case and require 
judicial consent before the Internal Revenue Service can lien on our 
property or take our assets.
  To all the members of this committee, right now in a civil tax case 
proceeding, a taxpayer is deemed guilty in the eyes of the law and must 
prove themselves innocent. Now, the IRS keeps telling us that this is 
going to break the bank if we treat taxpayers like anybody else in our 
country, subject to the basic judicial tenet that you are innocent 
until proven guilty. I guess that works everywhere except for the 
taxpayer who pays the freight on this train coming down the track.
  The Traficant amendment simply says let us get an outside group. It 
is not that I do not trust anybody. Contract with an outside group, 
tell us what the cost is going to be and, by God, let us get the facts 
on it and see if we can bring the taxpayer under the realm of 
protection the Constitution affords in the Bill of Rights for 
everybody.

  Finally, Mr. Chairman, this business about cost in the first place. 
Could you see the Founders in Philadelphia debating the Bill of Rights, 
saying this is great, Mr. Chairman, but my God, what is it going to 
cost? I am asking for an affirmative vote.
  Mr. Chairman, with that, I yield to the distinguished chairman of the 
committee.
  Mr. LIGHTFOOT. I thank the gentleman for yielding.


                         parliamentary inquiry

  Mr. HOYER. Mr. Chairman, it may be too late to reserve a 
parliamentary objection.
  Mr. TRAFICANT. Parliamentary procedure, Mr. Chairman.
  Mr. HOYER. Mr. Chairman, it is my understanding the Ways and Means 
Committee, I am just informed, was going to raise a point of order.
  Mr. TRAFICANT. Parliamentary procedure, Mr. Chairman.
  The CHAIRMAN. The Chair will state that that opportunity was posed 
when the gentleman from Ohio offered the amendment and no Member chose 
to raise a point of order at that time.
  Mr. HOYER. I thank the Chair for his advice.
  The CHAIRMAN. The gentleman from Ohio [Mr. Traficant] has yielded to 
the gentleman from Iowa [Mr. Lightfoot].
  Mr. LIGHTFOOT. Mr. Chairman, I thank the gentleman for yielding to 
me.
  I would like to say the gentleman from Ohio [Mr. Traficant] has done 
a tremendous job in protecting U.S. taxpayers from overaggressive IRS 
auditors and inspectors. I think H.R. 2450, which was introduced by the 
gentleman from Ohio [Mr. Traficant], changes the burden of proof from 
the taxpayer to the IRS, it is just that simple. In other words, it 
requires the IRS to prove that the taxpayer is wrong, rather than the 
taxpayer having to prove that they are right. I think with tax 
collection, it is the only thing in our country where we have upset the 
judicial system which has the idea that you are innocent until proven 
guilty. On taxpaying matters, you are considered guilty until you can 
prove yourself innocent. In essence, this just brings us into step with 
what everyone else does in the country.
  As the gentleman from Ohio [Mr. Traficant] has mentioned, the 
Committee on Ways and Means has said that it is going to reduce the 
amount of revenue generated by the IRS. However, there are no specific 
estimates of that total cost of lost revenue. Basically the amendment 
requires the IRS to contract with an independent accounting firm to 
determine the level of revenue loss that would result from his bill, 
H.R. 2450.
  Therefore, I would be more than willing to work with the Committee on 
Ways and Means, work in conference to find whatever small amount of 
money it might take to do or pay for this particular study because, in 
essence as I understand it, the amendment calls for a study of this 
process. I think that it is a timely thing to do and support the 
gentleman's initiative and would do what I could to help him forward 
it.
  Mr. TRAFICANT. Mr. Chairman, I want to thank the gentleman with the 
little bit of time I have.
  Mr. Chairman, I also want to say I want to commend my good friend, 
the gentleman from Iowa [Mr. Lightfoot], on the distinguished career he 
has had here in the House. I want to wish him the very best in the 
future.
  Let me also say in closing that I do not rule out as assessment, and 
objective review by the Joint Taxation Committee, but it does require 
an outside objective review, as well.
  With that, I urge an ``aye'' vote and yield back the balance of my 
time.
  The CHAIRMAN. Is there any Member who seeks time in opposition to the 
amendment?
  If not, the question is on the amendment offered by the gentleman 
from Ohio [Mr. Traficant].
  The amendment was agreed to.


                    Amendment Offered by Mr. Durbin

  Mr. DURBIN. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment offered by Mr. Durbin: Page 15, beginning on line 
     10, strike ``for felons convicted of a violent crime, 
     firearms violations, or drug-related crimes''.


                             Point of Order

  Mr. PARKER. Mr. Chairman, I make a point of order.
  The CHAIRMAN. The gentleman will state his point of order against the 
amendment.
  Mr. PARKER. Mr. Chairman, I make a point of order against the 
amendment because it proposes to change existing law and constitutes 
legislation in an appropriations bill and therefore violates clause 2 
of rule XXI.
  The rule states in pertinent part: ``No amendment to a general 
appropriation bill shall be in order if changing existing law.''
  The amendment gives affirmative direction in effect, modifies 
existing powers and duties, and does not apply solely to the 
appropriations under consideration.
  Mr. DURBIN. Mr. Chairman, may I be heard?
  The CHAIRMAN. Does the gentleman from Illinois wish to be heard in 
opposition to the point of order?
  Mr. DURBIN. Yes, I do.
  The CHAIRMAN. The gentleman from Illinois is recognized.
  Mr. DURBIN. Mr. Chairman, I oppose the position of the gentleman from 
Mississippi and I would like to make it clear to the Chair what is at 
issue here with this amendment.
  Several years ago, this Congress adopted legislation which allows 
people who have been convicted of a felony, once released from prison, 
to apply to the Department of the Treasury, the Bureau of Alcohol, 
Tobacco and Firearms, for permission to be rearmed. People across 
America remember the bumper sticker which said: ``firearms do not 
commit crimes, criminals commit crimes.'' But this provision in law 
currently existing allows convicted felons to be rearmed with firearms.
  It is a provision pushed for and supported by the National Rifle 
Association. It defies logic and good sense. What I am attempting to do 
is to make it abundantly clear that once a person is convicted of a 
felony, that person is disqualified from owning a firearm in America.
  We have ample evidence that convicted felons have applied to the 
Federal Government, have cost the taxpayers $10,000 per application to 
be rearmed with a firearm. If I might be allowed to continue.
  The CHAIRMAN. The gentleman must address the point of order.
  Mr. DURBIN. I am about to address it.
  What this amendment addresses is a provision in the appropriations 
bill which says that no court can overcome what we have done by the 
appropriation language, which basically eliminates the right of the 
bureau to grant these new applications to give convicted felons 
firearms. With my motion

[[Page H7679]]

to strike, we will in fact say to the courts, you can consider no 
applications from convicted felons. It is in fact lessening the 
responsibility of the courts that is presently in the bill. It does not 
broaden the scope or jurisdiction of the bill.
  Now those on the other side, my friend, the gentleman from 
Mississippi, frankly believe that some convicted felons ought to have 
firearms. I do not think any should. My language will make it clear 
that a court cannot give a convicted felon a firearm. I think it is not 
only sensible, it is parliamentarily acceptable and I think the 
gentleman's point of order should be ruled down.
  The CHAIRMAN. The Chair is prepared to rule. Are there other Members 
who wish to be heard on the point of order?
  Mr. OBEY. Mr. Chairman, I wish to be heard on the point of order.
  The CHAIRMAN. The Chair recognizes the gentleman from Wisconsin.
  Mr. OBEY. Mr. Chairman, I had not known that this point of order was 
going to be raised, and I think that it is on sound grounds for the 
gentleman to raise the point of order.
  I would simply say that I do not think the point of order should be 
determined on the basis of a judgment that the Durbin amendment would 
in fact narrow the scope of what is happening here. In fact, the 
language in the committee bill would keep us closer to the court 
decision which was produced some time ago. It makes some exceptions for 
felons who are not convicted of a violent crime, who were not convicted 
of firearms violations or drug-related crimes.

                              {time}  1100

  And it seems to me, therefore, that the Durbin amendment would go 
further than the language in the bill in overturning existing law.
  I would simply state that if any Member of this House feels that 
there are no people in this society who committed a nonviolent crime 20 
years ago, who have lived an exemplary life since that time, that they 
are not entitled to have the slate eventually wiped clean, I think most 
people would happen to disagree with. that And I think that the grounds 
the gentleman has cited for the point of order are correct.
  Mr. PARKER. Mr. Chairman, I ask for a ruling of the Chair.
  The CHAIRMAN. The Chair is prepared to rule based on the arguments 
propounded by the gentleman from Wisconsin and the gentleman from 
Mississippi.
  The pending portion of the bill includes several provisions relating 
to applications for relief from firearms disabilities under the Federal 
criminal code. Among those provisions is the proviso that begins on 
page 15 at line 5. That proviso includes two features. The first is a 
limitation prohibiting the use of funds in the bill to investigator act 
upon disabilities relief applications. The second is a legislative 
prescription that the inability of the Bureau of Alcohol, Tobacco and 
Firearms to process or act upon specified subsets of all disability-
relief applications shall not be subject to judicial review.
  The amendment offered by the gentleman from Illinois proposes to 
strike from the second feature of the proviso the language specifying 
subsets.
  Under settled precedent, where legislative language is permitted to 
remain in a general appropriation bill, a germane amendment merely 
perfecting that language and not adding further legislation is in 
order, but an amendment affecting further legislation is not in order 
even in the form of a motion to strike.
  The precedent of November 15, 1989, recorded on page 641 of the House 
Rules and Manual is pertinent. In that situation, a legislative 
provision applicable to Federal funds was permitted to remain in the 
general appropriation bill for the District of Columbia. An amendment 
striking the word Federal was held to broaden the provision to address 
District of Columbia funds as well.
  The amendment offered by the gentleman from Illinois would expand the 
sweep of a legislative prescription in the bill from some disability-
relief applications to all disability-relief applications. Rather than 
merely perfecting the legislation in the bill, the amendment affects 
further legislation.
  The point of order is sustained.
  Are there further amendments to the bill?


                         parliamentary inquiry

  Mr. DURBIN. Parliamentary inquiry, Mr. Chairman.
  The CHAIRMAN. The gentleman will state his parliamentary inquiry.
  Mr. DURBIN. Mr. Chairman, I would like a clarification on that, 
because under the existing language of the bill, the courts are only 
restricted in granting these applications for rearming felons for three 
specific categories. With my amendment we would eliminate all convicted 
felons in their right to be rearmed; their right to have another 
firearm.
  I would say to the gentleman, from the Chair's ruling, that that 
gives to the courts a much clearer mandate to eliminate the Al Capone's 
and John Gotti's and those who did not commit those three specific 
crimes.
  Mr. PARKER. Regular order, Mr. Chairman.
  Mr. DURBIN. And I would say that the Chair's ruling suggesting that I 
am broadening----
  Mr. PARKER. Mr. Chairman, regular order.
  The CHAIRMAN. The gentleman may be correct in his statement, but the 
Chair has ruled that the amendment of the gentleman does go further in 
broadening the legislative intent here, and so that is the ruling of 
the Chair.
  Are there further amendments to the bill?


                     amendment offered by mr. hoyer

  Mr. HOYER. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment offered by Mr. Hoyer. Page 73, strike lines 1 
     through 9 (sections 518 and 519).

  The CHAIRMAN. Pursuant to the order of the House of Tuesday, July 16, 
1996, the gentleman from Maryland [Mr. Hoyer] will be recognized for 15 
minutes in support of the amendment, and a Member opposed will be 
recognized for 15 minutes.
  The Chair recognizes the gentleman from Maryland [Mr. Hoyer].
  Mr. HOYER. Mr. Chairman, I yield myself 3\1/2\ minutes.
  Mr. Chairman, for some years we carried language which said that the 
Federal employee health benefit plan purchased by Federal employees 
with both their own funds and the part of the pay package which they 
received from the Federal Government would be restricted in terms of 
what coverage could be purchased. Mr. Chairman, this language was 
reincluded last year and in this year's bill. I rise to strike the 
restrictive language.
  This issue has been a contentious one, and I understand there are 
strong feelings on all sides. It is my belief and contention, Mr. 
Chairman, that as is the case in the private sector, in the public 
sector, with respect to Federal employees, their compensation package 
is composed of three elements: their pay, which they are getting in 
their paycheck less deductions on a biweekly or monthly basis; their 
health benefits, reflected by a partial deduction from their paychecks 
and a contribution by the Federal Government which is 72 percent of the 
average cost of health insurance for Federal employees; and their 
retirement benefit. They also get a life insurance benefit as well.

  Those four items compose their compensation package. It is my 
contention that that is their compensation. They own it. Just as this 
Congress would not deem it appropriate to pass an amendment which said 
that you may not spend your salary on X, Y, or Z, nobody in the House 
would contend that that was an appropriate action for the House of 
Representatives to take.
  It is my belief and contention and suggestion to the House that we 
ought not to do that with respect to what kind of health insurance they 
deem it appropriate to purchase, not Big Brother telling them what to 
purchase but what they choose to purchase.
  Now, with respect to the Federal employee health benefit plan, in 
this area there are some 25 to 35 plans available to Federal employees. 
They have a great choice. The Federal Government, as the employer, does 
not make a determination that we will spend X, if you buy this policy; 
or Y, if you buy this policy. They contribute 72 percent of the average 
premium cost to whatever purchase the employee decides to make.
  In that context, therefore, it is inappropriate because it is not our 
money.

[[Page H7680]]

It is the employee's money that they are applying. It is the employee's 
compensation, some in salary, some in benefit payments, but their 
compensation package. It has been historically my contention, and it is 
today, that we ought not to interject our judgment in place of our 
employees' judgment for what policies they themselves, individually, 
want to purchase.
  That is what this amendment is all about. It is not whether we can 
condone abortion, whether we believe that it ought to be precluded 
altogether. The fact of the matter is the employees in the private 
sector and the public sector ought to be able to choose what policies 
they want to buy.
  Mr. Chairman, I reserve the balance of my time.
  The CHAIRMAN. Is there a Member who rises in opposition to the 
amendment offered by the gentleman from Maryland [Mr. Hoyer]?
  Mr. SMITH of New Jersey. Mr. Chairman, I rise in opposition to the 
amendment, and I reserve the balance of my time.
  The CHAIRMAN. The gentleman from New Jersey [Mr. Smith] is recognized 
for 15 minutes in opposition to the amendment and reserves the balance 
of his time.
  Mr. HOYER. Mr. Chairman, I yield 2 minutes to the gentlewoman from 
New York [Mrs. Lowey], the cosponsor of this amendment.
  Mrs. LOWEY. Mr. Chairman, as my colleague made it very clear, last 
year the anti-choice majority included a ban in this bill that prevents 
the FEHBP from offering insurance that covers abortion services.
  The ban does not make any sense. What it does is relegate Federal 
employees to second class status. American women should not have their 
constitutional right taken away by Congress simply because they work 
for the Federal Government.
  The issue before us today is very simple. Should women be allowed the 
freedom to choose a private health insurance plan that includes 
coverage of abortion, or should Congress dictate their choices to them? 
Federal employees, like other American workers, should be able to 
choose a health plan that covers the full range of reproductive health 
services, including abortion. Like other workers, Federal employees pay 
for their insurance with their own funds. It is simply not right that 
the Congress would bar women from purchasing the reproductive services 
they need with their own money.
  Before this ban was put in place, Federal employees had many options. 
Of the 345 plans, just about half, 178, covered abortion. If women 
wanted to participate in the plan that covered abortions, they could. 
If they found abortion objectionable, they could belong to a plan that 
did not cover abortion. The choice was theirs, not mine, not this 
institution's.
  When we passed the bill last year, we took health care choices away 
from Federal employees. There are 1.2 million women of reproductive age 
who rely on FEHBP for their medical care, 1.2 million American women 
who lost the right to choose when this bill was enacted.
  The bill was wrong last year, it is still wrong, and I urge my 
colleagues to support this amendment. Let us return the choice to the 
people that deserve it, the women who work for this Government.
  Mr. SMITH of New Jersey. Mr. Chairman, I yield myself such time as I 
may consume.
  First of all, I want to thank the gentleman from Iowa, Chairman 
Lightfoot, for his humane and courageous leadership in ensuring in this 
legislation that taxpayers are not forced to subsidize the killing of 
unborn baby boys and girls by abortion.
  Let me make it very clear that the taxpayers pay into this program 
approximately more than 70 percent of the total funding. The premium 
payers, all of us who are part of the Federal employees health benefits 
program, pick up the remaining 30 percent of the cost of our health 
insurance, but the taxpayers of the United States of America are paying 
for 70 percent of the cost associated with this program. So this is 
very much akin to the Hyde amendment because the taxpayers are indeed 
paying for abortion on demand if the Hoyer amendment is enacted into 
law.
  Let me just say, Mr. Chairman, that I have always been struck by the 
considerable lengths some people will go to sanitize and to deny 
realities that are unflattering to their cause, inconvenient and messy 
to face. The plain fact of the matter is that abortion methods either 
dismember an unborn child's fragile body or burn her alive in a poison 
solution, while some babies are killed by the partial birth abortion 
method. Those victim babies are stabbed in the back of the neck with 
scissors and have their brains sucked out. Yet all of this cruelty is 
euphemistically referred to as choice and vigorously defended as an 
expression of freedom rather than the child abuse that it is.
  Whole societies, Mr. Chairman, have at times bought into gross evils 
dressed up as legitimate and good. The abomination of slavery was 
vigorously defended by the best and the brightest of its day. Just read 
Roger Taney's Dred Scott decision--an apologetic that looks and sounds 
remarkably like Roe versus Wade.

                              {time}  1115

  The subjugation of whole nations, bride burning, female genital 
mutilation, and even human sacrifice have had their sincere and 
sophisticated apologists. Of course, they were and are dead wrong, but 
these human rights abuses have their apologists. In the past three 
decades, the abortion rights movement, a multimillion-dollar industry, 
takes the prize for intellectual dishonesty, the art of the skillful 
dodge, and the clever manipulation of euphemisms designed to conceal an 
utterly gruesome reality.
  All of the arguments marched out to justify the slaughter of unborn 
babies used in today's debate and used in other debates that we have 
had on this floor were first conceived, tested, and marketed by public 
opinion specialists, pollsters, and focus groups. Those talking points 
that routinely find their way into our offices from NARAL and Planned 
Parenthood are the best that market research can buy.
  Still, it is amazing to me that in 1996, with all of the breathtaking 
advances in fetology, the use of the ultrasound technology and 
microsurgery for the baby in the womb, that some can still stand here 
with straight faces and argue that the taxpayers and the premium payers 
should pay millions of dollars to dismember and to poison these 
precious little kids. The sanitizing of these child killings has so 
insulated some from the cruelty of abortion that they somehow believe 
that they are enlightened to take that point of view.
  Way back in 1976, Mr. Chairman, I asked my predecessor, then 
Congressman Frank Thompson, who swore he was personally opposed to 
abortion, and I kept saying to him, why are you personally opposed? He 
just came back and said, well, I am personally opposed. Well, I asked 
him if he thought that a baby was involved in abortion. Was a baby 
killed? He said, and I quote, ``You can't have an abortion unless there 
is a baby involved.'' Then he became a little bit red-faced, after he 
saw what he had just admitted. And a reporter who was on the scene at 
the time, and my wife, were frankly shocked, but pleased with his 
candor. He at least admitted that a human baby was killed as a result 
of abortion.
  Recently I read in the Weekly Standard an article by Tucker Carlson 
entitled, ``What Pro-choice Republicans Believe.'' I frankly was 
absolutely amazed by the answers given by some of my good friends and 
colleagues on our side of the aisle, and it was a kind of deja vu of 
the conversation that I had some 20 years ago with my predecessor, then 
Congressman Frank Thompson. One prominent lawmaker was asked why he was 
personally opposed to abortion. The article described it this way. 
Senator Specter stopped cold. Eighteen seconds of uncomfortable silence 
pass. The Senator has spent much of the past year talking incessantly 
about abortion, and yet he seems baffled by the question, as if it has 
never been asked before or even imagined that it could be asked.
  When Senator Specter finally replies, his tone has changed. He speaks 
through clenched teeth: ``Well, it is something I would not choose to 
do, and I would just leave it at that.'' And Senator Specter does leave 
it at that.
  Asked to elaborate on his views, he angrily refuses. ``I think it 
says all

[[Page H7681]]

there is to say that I'm opposed to it. Now, do you have another 
question?''
  Mr. Chairman, I would like to ask that question of the Members that 
are arguing for abortion funding today. I especially want to ask this 
of my colleague from Illinois [Mr. Durbin]. And again let me remind 
you, 70 percent of the funding used for the Federal Employees Health 
Benefits Program is taxpayers' dollars. So Mr. Lightfoot's language is 
very much a parallel to the Hyde amendment. Yes, there is some money 
that you and I and others kick in. It is only 30 percent in terms of 
premium payers, and even many of those, like myself, a premium payer, 
do not want that money as well to be bundled and used to pay for 
abortions on demand. That is what the Hoyer amendment would do.

  It is abortion on demand, abortion for birth control reasons. And if 
the Hoyer amendment is passed, if his amendment becomes law, the U.S. 
Government will subsidize the slaying of children. Back in 1983, before 
the pro-life rider was in effect, some 17,000 babies were killed each 
year, facilitated and subsidized by the Federal Employees Health 
Benefits Program and by the taxpayers.
  I would like to ask my friend from Illinois, Mr. Durbin, who is 
standing here waiting to speak, do you believe that an unborn child is 
a human being? Perhaps you would like to answer. On your time, I hope 
you will.
  Mr. Chairman, I reserve the balance of my time. I do hope the 
gentleman will answer that when he takes the podium, whether or not 
there is a human life destroyed by abortion.
  Mr. HOYER. Mr. Chairman, I yield 2 minutes to my distinguished 
colleague, the gentlewoman from Maryland [Mrs. Morella].
  Mrs. MORELLA. Mr. Chairman, I rise in strong support of the Lowey-
Hoyer-Morella amendment. Please do not be misled by the highly charged 
emotional rhetoric, because this amendment is not about that. This 
amendment is to avert discrimination against Federal employees.
  Last year, Congress voted to deny Federal employees coverage for 
abortions that had been provided to most of the rest of this country's 
workforce through their health insurance plans. This decision was 
discriminatory and is just another example of Congress chipping away at 
the benefits of Federal employees and their opportunity to choose an 
insurance plan that best meets their own health care needs.
  The coverage of abortion services in Federal health plans would not 
mean that abortions are being subsidized by the Federal Government. 
Currently, the Government simply contributes to the premiums of Federal 
employees in order to allow them to purchase private health insurance. 
The many participating plans in the FEHBP may or may not choose to 
include coverage for abortion services--and, prior to last year's 
decision, about half of the participating plans provided this coverage. 
Thus, an employee who did not wish to choose a plan with abortion 
coverage could do just that.
  Unfortunately, Congress denied Federal employees their access to 
abortion coverage, thereby discriminating against them and treating 
them differently than the vast majority of private sector employees. 
Currently, two-thirds of private fee-for-service plans and 70 percent 
of HMO's provide abortion coverage. It is insulting to Federal 
employees that they are being told that part of their own compensation 
package is not under their control.
  Thousands of Federal employees struggle to make ends meet. Many 
Federal employees are single parents or the sole wage earners in their 
families. For these workers, the cost of an abortion would be a 
significant hardship, interfering with a woman's constitutionally 
protected right to choose. For these women, the lack of this health 
coverage could result in delayed abortions occurring later in the 
pregnancy, an outcome no one here wants to see.
  Mr. Chairman, this amendment simply restores the rights of Federal 
employees to the same health care services covered by most private 
sector health plans. I urge my colleagues to support this amendment and 
to reverse last year's unwise decision.
  Mr. SMITH of New Jersey. Mr. Chairman, I yield 3 minutes to the 
distinguished gentleman from Florida [Mr. Stearns].
  (Mr. STEARNS asked and was given permission to revise and extend his 
remarks.)
  Mr. STEARNS. Mr. Chairman, I rise in opposition to the Hoyer 
amendment, which would allow, as brought out here before, abortion on 
demand under the Federal employee health insurance plan. The question I 
pose to my colleagues is, should the American taxpayers have an 
interest in the health care coverage of Federal employees? Of course, 
they should. Why not. They pay for it.
  They are the employers of the Federal workers. OK, so if the people 
who pay for it have an interest, why do we not ask them?
  Well, we have done that. The CBS news poll done this year, the end of 
March, 72 percent of the people who are polled say they do not want 
their tax dollars going toward abortion on demand. Another poll was 
done by the Journal of American Medical Association; 69 percent said 
the same thing. The American taxpayers do not want their tax dollars 
going for abortion on demand.
  This amendment goes way beyond the bounds of the pro-life/pro-choice 
debate. This issue involves providing abortions for anyone enrolled in 
the Federal Employee Health Benefits Program, regardless of income 
level. The concept of the anyone subsidizing abortion is difficult 
enough, but asking the American taxpayers to pay for abortions for 
Federal employees under this plan is wrong, realizing that this is 
abortion on demands, even into the third trimester.
  Supporters of this amendment claim that the Federal benefits health 
program should pay for all the medical procedures. However, in 
agreement with a 1980 Supreme Court decision, I say that an abortion 
cannot be considered as part of these procedures. It is, in fact, the 
termination of a life we are talking about here, Mr. Chairman, not a 
simple health care procedure. So when the Members on this side, perhaps 
some on this side of the aisle, would say this is a simple health care 
procedure, we just have to go to the 1980 Supreme Court decision. It 
clearly says this is not a simple health care procedure we are talking 
about. So do not be confused.
  So I ask my colleagues to think about what the majority of American 
taxpayers, roughly 70 percent in two separate polls have said. They do 
not want to pay for abortion on demand for Federal employees. So, 
truly, let us defeat the Hoyer amendment, regardless of your stance on 
abortion on this debate. You must recognize what this amendment does. I 
ask all of my colleagues to defeat this amendment today.
  Mr. HOYER. Mr. Chairman, I yield 45 seconds to my friend, the 
gentleman from Colorado [Mr. Skaggs].
  Mr. SKAGGS. Mr. Chairman, over a million women rely on the Federal 
Employee Health Benefit Program for their health insurance. These women 
work for the American people, for us. They are not children. They are 
perfectly capable of making decisions about their own health insurance.
  By what right does this House make it more difficult and dangerous 
for these citizens to exercise their constitutional rights about 
abortion?
  By what right does this House limit the medical procedures available 
in what are the most difficult and trying circumstances anyone woman 
can face?
  Treat these public servants like other American workers. They should 
be allowed to choose health care insurance without the interference of 
the heavy ideological hands of Congress. Vote ``yes'' on the Hoyer 
amendment.
  Mr. Chairman, I rise in support of the gentleman from Maryland's 
amendment and in opposition to the continuing efforts of many on the 
majority side to interfere with a woman's privacy rights and freedom of 
choice about abortion.
  In this bill as written, the compensation of Federal employees is 
manipulated to serve the ideological purposes of those who disagree 
with the U.S. Supreme Court about a woman's right to choose. Simply 
because they happen to work for the Federal Government, Federal 
employees are prohibited from selecting a health insurance carrier 
through their employer health plan that provides coverage for abortion 
services in most cases.
  Over a million American women rely on the Federal Employee Health 
Benefit Program for their health insurance. These women work for the 
American people; they work for you. Look

[[Page H7682]]

around you, look around your offices. These women aren't children. They 
are adults capable of making their own health care decisions. By what 
right does this House make it more difficult and dangerous for these 
women to exercise their constitutional right to choose about abortion? 
By what right does this House limit the medical procedures available in 
what is one of the most difficult and trying circumstances a woman can 
encounter? The answer is simple. It suits some Members' political 
ideology--never mind the rights and needs of the women who work for the 
Government.
  The U.S. Constitution guarantees women a right to privacy and choice 
about abortion. Without the Hoyer amendment, the bill before us 
diminishes that right for those who work for this country, for us.
  Treat these public servants like other American workers. They should 
be allowed to choose health care insurance without interference from 
the heavy ideological hand of Congress.
  Vote ``yes'' on the Hoyer amendment.
  The CHAIRMAN. The Committee will rise informally.
  The SPEAKER pro tempore (Mr. Stearns) assumed the chair.

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