[Congressional Record Volume 143, Number 104 (Tuesday, July 22, 1997)]
[Senate]
[Pages S7785-S7803]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TREASURY AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 1998
The PRESIDING OFFICER. Under the previous order, the Senate will now
resume consideration of S. 1023, which the clerk will report.
The assistant legislative clerk read as follows:
A bill (S. 1023) 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, 1998, and for other
purposes.
The Senate resumed consideration of the bill.
Pending:
Campbell (for DeWine) amendment No. 936, to prohibit the
use of funds to pay for an abortion or pay for the
administrative expenses in connection with certain health
plans that provide coverage for abortions.
Kohl (for Bingaman) amendment No. 937, to strike provisions
prohibiting the use of appropriated funds for the sole source
procurement of energy conservation measures.
Mr. CAMPBELL. Mr. President, I ask unanimous consent there be 2
minutes of debate equally divided prior to each of the votes in this
series.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. CAMPBELL. Mr. President, Senator Bingaman and Senator Stevens
have not yet arrived at the floor so, until they do, I suggest the
absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. WELLSTONE. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Privilege of the Floor
Mr. WELLSTONE. Mr. President, I ask unanimous consent that Sam
Rikkers, who is an intern with me, be granted the privilege of the
floor during today's session of the Senate.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. WELLSTONE. Mr. President, I thank the Chair and suggest the
absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. BINGAMAN. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BINGAMAN. Mr. President, I ask the floor manager, I have one
amendment that is going to be voted on in about 15 or 20 minutes, I
understand. Is it appropriate to speak on that at this point?
[[Page S7786]]
Mr. CAMPBELL. I ask the Senator, is this the Bingaman amendment he
had offered, amendment No. 937.
Mr. BINGAMAN. This is the Bingaman-Murkowski amendment.
Amendment No. 937
Mr. CAMPBELL. Mr. President, I ask unanimous consent the Senate now
consider amendment No. 937, offered by the Senator from New Mexico [Mr.
Bingaman].
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from New Mexico.
Mr. BINGAMAN. Mr. President, let me just speak briefly on this
amendment. We are still in morning business, as I understand it; is
that correct?
The PRESIDING OFFICER. That is not correct. The Chair advises the
Senator from New Mexico we are now in consideration of S. 1023.
Mr. BINGAMAN. OK. Let me speak for a few minutes about this
amendment.
Mr. CAMPBELL. Mr. President, if I could ask for just a moment?
Mr. BINGAMAN. I yield to the Senator from Colorado.
Mr. CAMPBELL. Will the Chair tell us the pending business and the
division of the time on this amendment?
The PRESIDING OFFICER. The Senator from Colorado has 4 minutes 39
seconds; the Senator from New Mexico 3 minutes 25 seconds.
Mr. CAMPBELL. Was there a unanimous-consent request dividing the
time, 2 minutes equally divided?
The PRESIDING OFFICER. Yes, there were 10 minutes equally divided.
This is the time remaining.
Mr. CAMPBELL. Yes. I thank the Chair and thank the Senator.
The PRESIDING OFFICER. The Senator from New Mexico.
Mr. BINGAMAN. Mr. President, let me briefly describe what the
amendment is. The amendment which I am offering along with Senator
Murkowski, the chairman of the Energy Committee, would strike section
630 out of the Treasury-Postal appropriations bill which is pending
before the Senate. The reason we are trying to strike section 630 is
that it would impede Federal agencies from using energy conservation
programs that are now being offered to all customers by electric
utility companies. This section would override both the Energy Policy
Act of 1992 and the National Defense Authorization Act of 1993. There
is nothing anticompetitive about eliminating section 630. Many energy
conservation measures, such as agreements to use certain amounts of
energy at certain times of the day, can only be made--those types of
agreements can only be made with the local utility.
We are in a period where we are moving toward a restructured electric
utility industry, but we are not there yet. In most parts of this
country today, customers still deal with one electric utility. So the
opportunity to enter into these energy conservation measures is with
that one electric utility. If there is only one source offering a
particular service--in this case the providing of electricity--there is
no point in outlawing a sole-source procurement, as section 630 would
do.
Existing law tells Federal agencies to use energy conservation
services offered by local utilities if those same services are offered
to other customers in that same location. This amendment overrides
section 630 of the bill, which we are dealing with here and which we
are trying to eliminate. It would override these mandates and would
have the following negative consequences.
First of all, there are 58 existing contracts between the General
Services Administration and utilities that will be adversely affected
by this provision, according to the Department of Energy. Second, the
Department of Defense will be forced to scrap its model energy
conservation agreement that it has with members of the utility
industry.
Since the law allows sole-source contracts, and since the sole source
is sometimes the only option for the Government, section 630 is not
about making agencies comply with the law; it is about the Senate
intervening on one side of an electric industry dispute without having
all of the facts. Energy conservation law is obviously complex. We
should not be trying to change this law in an appropriations bill.
Before we change the law, we need to hear from all of the affected
parties.
The chairman of the Energy Committee, who is cosponsoring my
amendment, has agreed to hold hearings on the concerns raised by the
chairman of the Appropriations Committee. Given that good-faith offer
to investigate and resolve these concerns, I believe the Senate should
support our amendment and take out section 630 until we have all the
facts.
Mr. MURKOWSKI. Mr. President, I rise in support of the amendment from
the Senator from New Mexico to strike section 630 of this legislation.
Section 630 addresses substantive issues regarding the energy
efficiency requirements for Federal agencies under the Energy Policy
Act of 1992. That act had many provisions designed to improve the
energy efficiency of Federal facilities. Two are at issue here. First,
there are so-called energy savings performance contracts [ESPC's].
These are a mechanism for use of private sector funds to finance
Federal energy efficiency improvements. These are competitively bid. In
addition, there are utility programs. EPAct also provided for Federal
participation in utility demand management programs that are authorized
by the State regulators.
The ESPC's haven't been used as much as they could be. The ESPC's
required new regulations, which DOE took a long time to issue. The
contracting process was complicated and cumbersome. However, DOE is now
entering into regional contracts for all Federal facilities, which is
expected to speed up the contracting process. In the meantime, Federal
agencies have been participating in utility demand management programs
to reduce energy use.
The language of section 630 is very broad--it prohibits participation
in all utility demand management programs. Even more troublesome, it
prohibits payment under existing contracts. This, despite the fact that
there may be some services that only utilities can provide--an example
is a meeting system that provides real-time pricing information. But
today, I do not wish to debate whether or not this is the right thing
to do. This change in a law that is within the jurisdiction of the
Energy Committee.
The promoters of the amendment have claimed that obtaining energy
efficiency measures through sole source contracting--through utility
demand management programs--is already against the law. This is not so.
Section 152 of EPAct amended section 545 of National Energy
Conservation Act to include the following language:
(c) Utility Incentive Programs.--(1) Agencies are
authorized and encouraged to participate in programs to
increase energy efficiency and for water conservation or the
management of electricity demand conducted by gas, water, or
electric utilities and generally available to customers of
such utilities.
(2) Each agency may accept any financial incentive, goods,
or services generally available from any such utility, to
increase energy efficiency or to conserve water or manage
electric demand.
(3) Each agency is encouraged to enter into negotiations
with electric, water, and gas utilities to design cost-
effective demand management and conservation incentive
programs to address the unique needs of facilities utilized
by such agency.
According to a letter I have received from the Department of Defense,
the ``Department uses a combination of contracting authorities to
achieve energy efficiency. It is [the Department's belief that [the
Department's] current approach provides better results for the U.S.
Government than would be the case'' if section 630 were enacted into
law. The Department concludes that ``this provision would have the
effect of reducing the amount of work defense installations are able to
contract to all sectors of the energy community, and therefore,
significantly reducing the savings we achieve.
There are many issues raised by the Government's implementation of
the provision of EPAct. However, these provisions are the jurisdiction
of the Energy Committee. The concerns that the Department of Defense,
and others, have raised with section 630 show that this is a complex
issue that should be the subject of a hearing and deliberate
legislative by the authorizing committee. An appropriations bill is not
the appropriate forum to address these concerns.
I ask my colleagues support for the Bingaman amendment.
I ask unanimous consent that the text of the letter I received from
Defense Deputy Under Secretary Goodman be printed in the Record.
[[Page S7787]]
There being no objection, the text of the letter was ordered to be
printed in the Record, as follows:
Office of the Under
Secretary of Defense,
Washington, DC.
Subject: Section 630, Senate Treasury and Postal Service
appropriations bill.
Senator Frank H. Murkowski,
U.S. Senate,
Washington, DC.
This is in response to the telephone request from a member
of your staff for a Defense position on the proposed section
630 to the Senate Treasury and Postal Appropriation bill.
Section 630 would preclude any Federal agency from obtaining
energy conservation services on a sole source basis.
The Department of Defense is concerned that this provision
would have the effect of reducing the amount of work defense
installations are able to contract to all sectors of the
energy community, and therefore, significantly reducing the
savings we achieve.
The Department of Defense is the single largest energy user
in the country and is committed to achieving the energy
efficiency improvement goals of the Energy Policy Act and
President Clinton's Executive Order 12902. If those goals are
achieved, we will realize a billion dollar reduction in our
annual energy bill by 2005 and implement the most cost-
effective environmental improvement result possible through
pollution prevention.
The Department uses a combination of contracting
authorities to achieve energy efficiency. These authorities
allow us either competitively to contract or sole-source for
the technical and capital resources we need. There are two
important cases in which the Department may want to contract
sole-source for energy conservation services, both in the
interest of achieving best value for the United States
Government. In the first case, we may contract sole source if
the firm has proprietary information or a significant
technological innovation--for instance, if a company has
produced a new type of fuel cell or control system that is
unique or proprietary. In the second case, under the recent
agreement with the Edison Electric Institute, we can access a
franchised utility company's energy conservation service
program (which must be a sole-source contract because these
are State-sanctioned sole-source programs). Under our
agreement with the Edison Electric Institute, the franchise
utility companies are required to subcontract competitively
the actual conservation work. The Department therefore
derives the benefits of competition even though the prime
contract was not competitive.
It is our belief that our current approach provides better
results for the United States Government than would be the
case if our current authority to contract sole-source, where
justified, were eliminated. Our current system allows more
work to be done by the energy savings performance contractor
and Architect/Engineer communities. Because this system
allows us to take advantage of situations where the greatest
savings derive from a sole source provider, it also increases
our ability to undertake energy conservation efforts and
therefore achieve greater savings.
We recommend that section 630 be deleted from the Treasury
and Postal Service Appropriation Bill.
We have not had an opportunity to have the Office of
Management and Budget review this to make sure that it
comports with Administration policy.
John B. Goodman,
Deputy Under Secretary of Defense.
The PRESIDING OFFICER. The time of the Senator from New Mexico has
expired.
Mr. BINGAMAN. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The yeas and nays were ordered.
Mr. CAMPBELL. Mr. President, my colleague is not yet here, so I
suggest the absence of a quorum and ask unanimous consent that no time
be charged against Senator Stevens during that quorum call.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. STEVENS. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. STEVENS. Mr. President, the provision in this bill requires
compliance with existing law. Our information is that the cost of
modernization of these facilities to the Federal Government is
approximately $4 billion. Unless existing law is complied with, it will
cost us $1 billion more than it would if we had true competition. The
figures show it would cost $3 billion if they complied with the law; it
would cost $4 billion if they continue to flout and ignore the law.
The Bingaman amendment would take out of the bill the requirement no
funds can be spent except in compliance with existing law. I do not
understand a refusal to accept the fact that that is the law. If the
committee of jurisdiction doesn't like the law, they should come to the
floor with suggestions to amend it. But we should, supporting
expenditures of Federal funds, require compliance with the law that
mandates competition in this area.
I move to table the amendment.
Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The yeas and nays were ordered.
The PRESIDING OFFICER. The Senator from New Mexico.
Mr. BINGAMAN. Mr. President, I ask, is there additional time
preserved?
The PRESIDING OFFICER. All time of the Senator from New Mexico has
expired.
Mr. BINGAMAN. Was there 2 minutes before each vote that was provided
for in the unanimous-consent agreement?
The PRESIDING OFFICER. The Chair advises the Senator from New Mexico
that there was. However, we have already had 10 minutes on this debate,
so the Chair declares the time has expired.
Mr. BINGAMAN. I thank the Chair.
The PRESIDING OFFICER. The question is on agreeing to the motion to
table the amendment. The yeas and nays have been ordered.
The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. FORD. I announce that the Senator from West Virginia [Mr.
Rockefeller] is necessarily absent.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
who desire to vote?
The result was announced, yeas 35, nays 64, as follows:
[Rollcall Vote No. 189 Leg.]
YEAS--35
Abraham
Allard
Bennett
Campbell
Chafee
Cleland
Coats
Collins
Coverdell
D'Amato
Feingold
Frist
Glenn
Gorton
Gramm
Grassley
Gregg
Hutchison
Kohl
Kyl
Lautenberg
Lieberman
Mack
McCain
McConnell
Murray
Roberts
Roth
Santorum
Sessions
Shelby
Snowe
Stevens
Thompson
Wellstone
NAYS--64
Akaka
Ashcroft
Baucus
Biden
Bingaman
Bond
Boxer
Breaux
Brownback
Bryan
Bumpers
Burns
Byrd
Cochran
Conrad
Craig
Daschle
DeWine
Dodd
Domenici
Dorgan
Durbin
Enzi
Faircloth
Feinstein
Ford
Graham
Grams
Hagel
Harkin
Hatch
Helms
Hollings
Hutchinson
Inhofe
Inouye
Jeffords
Johnson
Kempthorne
Kennedy
Kerrey
Kerry
Landrieu
Leahy
Levin
Lott
Lugar
Mikulski
Moseley-Braun
Moynihan
Murkowski
Nickles
Reed
Reid
Robb
Sarbanes
Smith (NH)
Smith (OR)
Specter
Thomas
Thurmond
Torricelli
Warner
Wyden
NOT VOTING--1
Rockefeller
The motion to lay on the table the amendment (No. 937) was rejected.
Mr. STEVENS. Mr. President, I ask unanimous consent that the yeas and
nays on the Bingaman amendment be vitiated.
The PRESIDING OFFICER. Without objection, it is so ordered.
The question is on agreeing to the Bingaman amendment.
The amendment (No. 937) was agreed to.
Mr. BINGAMAN. I move to reconsider the vote.
Mr. FORD. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Amendment No. 936
The PRESIDING OFFICER. The question occurs now on amendment No. 936.
The Senator from Ohio has 1 minute.
Mr. DeWINE addressed the Chair.
The PRESIDING OFFICER. The Senator from Ohio.
Mr. DeWINE. Mr. President, let me take just 1 minute to explain this
amendment.
This amendment is a very simple one. A ``yes'' vote means that we
continue the current law. A ``yes'' vote on the amendment would
continue in force the current prohibition on the taxpayer subsidy of
abortions for Federal workers. It would permit Federal
[[Page S7788]]
employee health plans to cover abortion only in the cases of rape,
incest and threats to the life of the mother.
This has been the law for most of the last 14 years, from 1984 to
1993, and from 1995 until the present. A ``yes'' vote continues current
law.
Mr. President, in 1996 the Federal Government paid an average of 74
percent of the cost of a Federal employee's health premium. That is
taxpayer money. And the Senate has twice voted to be sure tax dollars
were not used to fund abortions.
In 1995, this body endorsed this policy by a vote of 50 to 44. In
1996, we approved it again by a vote of 53 to 45. It is good policy. It
ought to remain in force, consistent with the well-being of the
American people.
I urge a ``yes'' vote.
Mrs. BOXER addressed the Chair.
The PRESIDING OFFICER. The Senator from California.
Mrs. BOXER. Thank you, Mr. President.
I rise in opposition to the amendment which is aimed at curbing the
legal rights of women who work for the Federal Government to obtain
abortion services through their health insurance. I strongly urge my
colleagues to vote against this amendment offered by Senator DeWine.
Who is impacted by the DeWine amendment? There are 1.2 million women
of reproductive age who rely on the Federal Employees Health Benefits
Program for their medical coverage. They will be stopped from using
their own insurance to exercise their right to obtain a perfectly legal
abortion.
Women who are employed by the Federal Government work hard. They
personally pay for their health premiums out of their own pockets. And,
when it comes to health care coverage, they deserve the same health
benefits as women who work in the private sector.
To me the question is clear: Should women Federal employees or their
dependents be treated the same as other women in the work force or
should they be singled out, punished, have their rights taken away from
them and be treated differently?
In 1993, a majority of the Senate voted to restore the coverage of
abortion services, and Federal employees were once again given equality
with other women. Unfortunately, this Republican Congress overturned
those rights. The Senate Appropriations Committee bill now before us
provides funding for the Federal Employees Health Benefits Program. We
should ensure that this funding remains in the bill.
Anti-choice forces are chipping away at the right of women in this
country to obtain safe, legal abortions by making a women's ability to
exercise that choice dependent upon the amount of her paycheck and the
employer who signs it.
If there were an amendment to stop a man who happens to work for the
Federal Government from getting a perfectly legal medical procedure,
one that might protect his health, there would be an uproar on this
floor. People would say, how dare you do that to the men of this
country? Why not treat the men who work for the Federal Government the
same way we treat men who work in the private sector?
The bottom line is--this is a tough personal, private matter, and I
really think it is time we trusted women to make that choice. Who are
we to say that a woman who happens to work for the Federal Government
or her dependents should not have this right?
Let's ensure that all Federal employees have the rights, the
protections, and the health care coverage they deserve.
The DeWine amendment singles out female Federal employees and denies
them a medical benefit available to all other working women. It is
wrong.
I yield the remainder of my time to Senator Murray.
Mrs. MURRAY addressed the Chair.
The PRESIDING OFFICER. The Senator from Washington.
Mrs. MURRAY. Mr. President, I rise in strong opposition to the DeWine
amendment (No. 936) to the Treasury, Postal Service appropriations bill
for fiscal year 1998. This amendment is nothing more than another
attempt to attack basic reproductive health services for Federal
employees and their dependents. This has become an annual tradition
during consideration of appropriations bills.
What always surprises me about this amendment is the arguments used
in defense of denying Federal employees access to the same reproductive
health and choices afforded most private sector employees. We are told
that this is a matter of not allowing for the use of Federal funds for
abortion related services. But, this is not argument does not make
sense when one considers that most Federal employees contribute to
their own health insurance through premiums, deductibles, and
copayments. In addition, health insurance benefits are a form of
compensation for services rendered. They are not viewed as a direct
Federal payment, but rather a cost of labor. If we believe that Federal
health insurance benefits are not a form of compensation, but rather a
direct Federal payment to employees, then we should be looking to
refund women who selected health insurance based on the reproductive
services provided. If it was a direct Federal payment, why would the
insurance companies be reluctant to reimburse all female Federal
employees the cost of these services?
If one were to take this argument to the next level, then supporters
of this amendment should be looking to forbid any Federal employee from
using their salary to pay for abortion related services. Maybe we
should have whole list of things that Federal employees cannot use
their own salaries to support. But, we know that offering this type of
amendment would expose the true motivation behind this continued attack
on a woman's right to a safe and legal abortion.
That is what we should be discussing; the continued erosion of access
to safe and legal abortion services. Instead of these piecemeal
attempts, perhaps we should have a full and open debate on banning a
woman's right to chose. That is what this amendment is all about. It is
not Federal funding, but rather another attempt to further restrict and
control access to safe reproductive health services. Using Federal
funding simply allows those who oppose a woman's right to chose the
chance to hide behind a baseless argument.
I feel confident that few Members in the U.S. Senate would be
comfortable telling all women that they are no longer protected and can
no longer be guaranteed access to a safe, affordable abortion
regardless of the circumstances. Few Senators would want to tell their
constituents that the issue is not for them to decide, but rather the
decision has been made by the U.S. Senate. So instead, the strategy is
to hide behind issues like the use of Federal funds, or Federal
facilities.
Putting aside the issue of abortion for a moment, as guardians of the
FEHBP and Federal employees, we must ask if it is right to deny a
Federal employee access to a safe and affordable abortion. Currently,
there are approximately 1.2 million women of reproductive age who rely
on the FEHBP for their medical care. These women, by simply choosing a
career in public service, agree to be discriminated against every day
when it comes to health insurance coverage.
Approximately, two thirds of private fee-for-service plans and 70
percent of HMO's provide abortion coverage. Many of these same plans
participate in the FEHBP and must offer a different level of benefits
for Federal employees. They are legally allowed to discriminate against
women who are also Federal employees. In no other situation would
Congress stand for this form of discrimination within a plan that
participates in the FEHBP. But, today we are voting to do just that.
I am always surprised by the lack of understanding of the real
problems facing real people, shown by some of my colleagues. Supporters
of this amendment state that a woman can still get an abortion, but she
simply cannot receive health insurance coverage for this care. This may
sound reasonable until one considers that costs for this type of care
can be anywhere from $400 to several thousand dollars depending upon
the severity of the problem. For many female Federal employees, who are
in most cases the lowest paid, this is a lot of money. It might as well
be $10,000. In addition, what guarantee is there that the care will be
adequate and meet the standard of care for all FEHBP participants?
Unfortunately, there are no guarantees.
[[Page S7789]]
This could also create additional costs and problems for insurance
plans. We all know that an unsafe abortion can be life threatening. We
can also assume that there is followup care required to ensure the
overall health of the woman. Who is responsible for this care? Who is
financially responsible for the effects of unsafe abortion or in a
situation where the woman could not afford the followup care required?
Some of my colleagues seem to think that an abortion is a decision made
with little or no thought, they must also assume that the procedure is
done with little or no thought. I can assure you, no woman makes this
decision lightly and like all surgical procedures there is always some
risk.
I strongly oppose this discriminatory attempt to deny 1.2 million
Federal employees and their dependents access to safe, affordable
health care coverage and urge my colleagues to think very carefully
about voting to continue this discrimination.
This is not about the use of Federal funds. We all know that not one
Federal employee received a refund when Congress acted to eliminate
this coverage. For most insurance plans, abortion related services are
a part of a package of reproductive health benefits--they do not single
out abortion. This amendment is simply about denying some women access
to safe, affordable and comprehensive reproductive health care
benefits.
Mr. President, time and again, Members come to the floor to talk
about how they support women's health. Once again, we are going to take
reproductive health of women away from women.
This is about the health of women. It is denying Federal employees
the ability to make choices about their own reproductive health.
I urge you to vote ``no'' on the DeWine amendment.
Ms. MOSELEY-BRAUN addressed the Chair.
The PRESIDING OFFICER. The Senator from Illinois.
Ms. MOSELEY-BRAUN. Very briefly, this is a gratuitous slap at women's
citizen rights. We are equal citizens. We should not be singled out for
this kind of treatment.
I urge a ``no'' vote.
Mr. NICKLES. Mr. President, from 1984 through 1993, language was
included as part of the Treasury/Postal Service appropriations bills
which prohibited taxpayer money from going to fund abortions through
Federal employee health benefits plans. In 1993, President Clinton
pushed a change in that policy through Congress. For 2 years, people
who were unalterably opposed to abortion were forced to pay for an
estimated 17,000 abortions each year for any reason. In 1995, Congress
restored the policy of restricting abortion funding and has continued
to maintain that policy. The narrow question before us today is whether
Americans who stand in defense of life should be forced to pay for its
destruction with their taxes. I do not believe they should and thus
strongly support my colleague from Ohio's amendment.
Whether they choose to call themselves pro-choice or pro-life, the
American people overwhelmingly reject public financing of abortion. A
CBS/New York Times poll conducted in April 1993, about health care
reform issues asked adults what should be included in a basic,
Government-subsidized health care plan. Only 23 percent thought
abortion should be covered. Some 72 percent said abortion should not be
included a benefit in a Government-sponsored health plan.
A Wirthlin poll conducted in May 1992, found that 55 percent of
Americans opposed using tax dollars to pay for abortions for women who
cannot afford to pay for them. I would speculated that the number would
be even higher if the question reflected the issue we are considering
here, which is Government-subsidized abortions for women who can afford
them.
Employers determine the benefits employees get. Taxpayers are the
employers of Federal employees and a large majority of taxpayers do not
want their tax dollars to pay for abortions. In 1995 the Federal
Government contributed, on average, 72 percent of the money toward the
purchase of health insurance for its employees. Thus, taxpayers
provided a majority share of the funds to purchase health insurance for
the Federal civilian work force.
The abortion funding restriction in this amendment addresses the same
core issue as the Hyde amendments: Should the Federal Government be in
the business of funding abortion? Should taxpayers be forced to
underwrite the cost of abortions for Federal employees?
This amendment does not in any way hinder an individual's free
exercise of their choice in regard to abortion services. What it does
do is prevent such an individual's choice from being subsidized by
funds taken from taxpayers who object to an unfettered exercise of the
choice to abort an unborn child.
No matter what private arrangements individuals wish to make
regarding abortion and insurance. Most American do not wish to see
abortion services included among a federally guaranteed package of
health care benefits. Despite its articulation of a constitutional
right to privacy regarding abortion, the Supreme Court ruled in 1980
that abortion funding restrictions are constitutionally permissible.
There is a clear distinction between supporting the private choice of
abortion and requiring citizens through their tax dollars or federally
mandated health premiums, to pay for such a service.
I hope that this overwhelming evidence will lead my colleagues to
understand the imperative nature of this issue, and I urge them to vote
in favor of this necessary amendment.
Ms. MIKULSKI. Mr. President, I rise in strong opposition to the
amendment offered by Senator DeWine.
The bill reported by the Senate Appropriations Committee would enable
Federal employees, whose health insurance is provided under the Federal
Employees Health Benefits Plan, to receive coverage for abortion
services.
The DeWine amendment would prohibit coverage for abortion, except in
cases of life endangerment, rape, or incest. It would continue a ban
which has prevented Federal employees from receiving a health care
service which is widely available for private sector employees.
I oppose this amendment for two reasons. First of all, it is it is an
assault on the earned benefits of Federal employees. Second, it is part
of a continuing assault on women's reproductive rights and would
endanger women's health.
In the 104th Congress we saw vote after vote designed to roll back
the clock on women's reproductive rights. In the last Congress, there
were 53 votes in both the House and Senate on abortion-related issues.
It's clear that this unprecedented assault on a woman's right to decide
for herself whether or not to have a child is continuing in this
Congress.
Well, I support the right to choose. And I support Federal employees.
And that is why I strenuously oppose this amendment.
Let me speak first about our Federal employees. Some 280,000 Federal
employees live in the State of Maryland. I am proud to represent them.
They are the people who make sure that the Social Security checks go
out on time. They make sure that our Nation's veterans receive their
disability checks. At NIH, they are doing vital research on finding
cures and better treatments for diseases like cancer, Parkinson's and
Alzheimers. There is no American whose life is not touched in some way
by the hard work of a Federal employee. They deserve our thanks and our
support.
Instead, Federal employees have suffered one assault after another in
the last year or two. They have faced tremendous employment insecurity,
as Government has downsized, and eliminated over 200,000 Federal jobs.
Their COLA's and their retirement benefits have been threatened. They
have faced the indignity and economic hardship of three Government
shutdowns. Federal employees have been vilified as what is wrong with
Government, when they should be thanked and valued for the tremendous
service they provide to our country and to all Americans.
I view this amendment as yet another assault on these faithful public
servants. It goes directly after the earned benefits of Federal
employees. Health insurance is part of the compensation package to
which all Federal employees are entitled. The costs of insurance
coverage are shared by the Federal Government and the employee.
[[Page S7790]]
I know that proponents of continuing the ban on abortion coverage for
Federal employees say that they are only trying to prevent taxpayer
funding of abortion. But that is not what this debate is about.
This is about prohibiting the compensation package of Federal
employees from being used for a legal and sometimes vital medical
service. Health insurance is part of the Federal employees pay.
If we were to extend the logic of the argument of those who favor the
ban, we would prohibit Federal employees from obtaining abortions using
their own paychecks. After all, those funds also come from the
taxpayers.
But no one is seriously suggesting that Federal employees ought not
to have the right to do whatever they want with their own paychecks.
And we should not be placing unfair restrictions on the type of health
insurance Federal employees can purchase under the Federal Employee
Health Benefit Plan.
About 1.2 million women of reproductive age depend on the FEHBP for
their medical care. We know that access to reproductive health services
is essential to women's health. We know that restrictions that make it
more difficult for women to obtain early abortions increase the
likelihood that women will put their health at risk by being forced to
continue a high-risk pregnancy.
If we continue the ban on abortion services, and provide exemptions
only in cases of life endangerment, rape, or incest, the 1.2 million
women of reproductive health age who depend on the FEHBP will not have
access to abortion even when their health is seriously threatened. We
will be replacing the informed judgment of medical care givers with
that of politicians.
Decisions on abortion should be made by the woman in close
consultation with her physician. These decisions should be made on the
basis of medical judgment, not on the basis of political judgments.
Only a woman and her physician can weigh her unique circumstances and
make the decision that is right for that particular woman's life and
health.
It is wrong for the Congress to try to issue a blanket prohibition on
insuring a legal medical procedure with no allowance for the particular
set of circumstances that an individual woman may face. I deeply
believe that women's health will suffer if we do so.
I believe it is time to quit attacking Federal employees and their
benefits. I believe we need to quit treating Federal employees as
second class citizens. I believe Federal employees should be able to
receive the same quality and range of health care services as their
private sector counterparts.
Because I believe in the right to choose and because I support
Federal employees, I urge my colleagues to join me in defeating the
DeWine amendment.
The PRESIDING OFFICER. All time has expired.
The question occurs on agreeing to amendment No. 936. The yeas and
nays have been ordered. The clerk will call the roll.
The bill clerk called the roll.
Mr. FORD. I announce that the Senator from West Virginia [Mr.
Rockefeller] is necessarily absent.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 54, nays 45, as follows:
[Rollcall Vote No. 190 Leg.]
YEAS--54
Abraham
Allard
Ashcroft
Bennett
Biden
Bond
Breaux
Brownback
Burns
Coats
Cochran
Conrad
Coverdell
Craig
D'Amato
DeWine
Domenici
Dorgan
Enzi
Faircloth
Ford
Frist
Gorton
Gramm
Grams
Grassley
Gregg
Hagel
Hatch
Helms
Hutchinson
Hutchison
Inhofe
Kempthorne
Kyl
Lott
Lugar
Mack
McCain
McConnell
Murkowski
Nickles
Reid
Roberts
Roth
Santorum
Sessions
Shelby
Smith (NH)
Smith (OR)
Thomas
Thompson
Thurmond
Warner
NAYS--45
Akaka
Baucus
Bingaman
Boxer
Bryan
Bumpers
Byrd
Campbell
Chafee
Cleland
Collins
Daschle
Dodd
Durbin
Feingold
Feinstein
Glenn
Graham
Harkin
Hollings
Inouye
Jeffords
Johnson
Kennedy
Kerrey
Kerry
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Mikulski
Moseley-Braun
Moynihan
Murray
Reed
Robb
Sarbanes
Snowe
Specter
Stevens
Torricelli
Wellstone
Wyden
NOT VOTING--1
Rockefeller
The amendment (No. 936) was agreed to.
Mr. CAMPBELL. Mr. President, I move to reconsider the vote.
Mr. KOHL. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
IRS MODERNIZATION
Mr. BYRD. As my colleagues will recall, the IRS has a large computer
facility in my home State, in the city of Martinsburg. This facility
should be an integral part of future IRS modernization efforts.
Therefore, I have a question for the distinguished chairman of the
subcommittee about this matter.
In its report, the committee supported the IRS' modernization
blueprint. With respect to private sector involvement, the committee
said:
In 1997, Congress directed the IRS to turn over a majority
of its tax systems modernization work to the private sector.
The committee is pleased that the IRS is planning to develop
and implement the modernization plan through new partnerships
with the private sector.
Having said this, however, the committee included no funds in the
bill for this purpose. My question is this: does the subcommittee
chairman intend to recommend funding for the modernization program when
a contract is let?
Mr. CAMPBELL. I thank the distinguished Senator from West Virginia
for his interest in this important program. While the committee chose
not to fund modernization for fiscal year 1998, I support appropriation
of funds at that time in the future when the contract is awarded. I am
pleased to put this on the record. Otherwise, those in the private
sector spending extensive funds helping develop the concept of
performance--based contracts, reviewing the ``Request for Comment,''
and lending their expertise to the IRS so that the ``Request for
Proposal,'' when issued, is in the best possible shape, may stop doing
so because of uncertainties about Congress' commitment to fund the
procurement.
Mr. BYRD. Mr. President, I rise in support of S. 1023, the fiscal
year 1998 Treasury and general Government appropriation bill, and
commend the chairman and ranking member of the subcommittee, Senator
Campbell and Senator Kohl, for their very fine efforts in managing this
bill. This is the first year that these distinguished Members have had
an opportunity to manage this important bill which provides over $25
billion for the operation of the Department of Treasury and general
Government activities.
The bill is $456 million less than the amount requested in the
President's budget. The Members are to be commended for their efforts
to keep a tight rein on funding and trim back wherever possible. The
bill is consistent with the 602(b) allocations for both budget
authority and outlays for the subcommittee.
Again, I congratulate Senators Campbell and Kohl for their effective
work. I also commend the work of the subcommittee staff: Barbara
Retzlaff and Liz Blevins for the minority and Pat Raymond, Tammy
Perrin, Lula Edwards for the majority.
Mr. CAMPBELL. Mr. President, are there any further amendments to S.
1023?
The PRESIDING OFFICER. The Chair advises the Senator from Colorado
that there are no further amendments.
Mr. CAMPBELL. Mr. President, I ask unanimous consent that S. 1023 not
be engrossed and that it remain at the desk pending receipt of the
House companion measure.
The PRESIDING OFFICER. Without objection, it is so ordered.
The PRESIDING OFFICER. The bill will be read the third time.
The bill was read the third time.
Mr. CAMPBELL. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The yeas and nays were ordered.
Mr. CAMPBELL addressed the Chair.
The PRESIDING OFFICER. The Senator from Colorado is recognized.
Mr. CAMPBELL. Mr. President, the staff and Senator Kohl have worked
[[Page S7791]]
very hard on this bill. We have tried to accommodate all of the
Members' suggestions. It is probably not a perfect bill, but we think
it is a good bill. We ask that Senators support its passage.
The PRESIDING OFFICER. The question is on passage of the bill. The
yeas and nays have been ordered and the clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. FORD. I announce that the Senator from West Virginia [Mr.
Rockefeller] is necessarily absent.
The PRESIDING OFFICER (Mr. Allard). Are there any other Senators in
the Chamber desiring to vote?
The result was announced--yeas 99, nays 0, as follows:
[Rollcall Vote No. 191 Leg.]
YEAS--99
Abraham
Akaka
Allard
Ashcroft
Baucus
Bennett
Biden
Bingaman
Bond
Boxer
Breaux
Brownback
Bryan
Bumpers
Burns
Byrd
Campbell
Chafee
Cleland
Coats
Cochran
Collins
Conrad
Coverdell
Craig
D'Amato
Daschle
DeWine
Dodd
Domenici
Dorgan
Durbin
Enzi
Faircloth
Feingold
Feinstein
Ford
Frist
Glenn
Gorton
Graham
Gramm
Grams
Grassley
Gregg
Hagel
Harkin
Hatch
Helms
Hollings
Hutchinson
Hutchison
Inhofe
Inouye
Jeffords
Johnson
Kempthorne
Kennedy
Kerrey
Kerry
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lott
Lugar
Mack
McCain
McConnell
Mikulski
Moseley-Braun
Moynihan
Murkowski
Murray
Nickles
Reed
Reid
Robb
Roberts
Roth
Santorum
Sarbanes
Sessions
Shelby
Smith (NH)
Smith (OR)
Snowe
Specter
Stevens
Thomas
Thompson
Thurmond
Torricelli
Warner
Wellstone
Wyden
NOT VOTING--1
Rockefeller
The bill (S. 1023), as amended, was passed, as follows:
S. 1023
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Treasury
Department, the United States Postal Service, the Executive
Office of the President, and certain Independent Agencies,
for the fiscal year ending September 30, 1998, and for other
purposes, namely:
TITLE I--DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices
including operation and maintenance of the Treasury Building
and Annex; hire of passenger motor vehicles; maintenance,
repairs, and improvements of, and purchase of commercial
insurance policies for, real properties leased or owned
overseas, when necessary for the performance of official
business; not to exceed $2,900,000 for official travel
expenses; not to exceed $150,000 for official reception and
representation expenses; not to exceed $258,000 for
unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Secretary
of the Treasury and to be accounted for solely on his
certificate; $114,794,000: Provided, That section 113(2) of
the Fiscal Year 1997 Department of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations
Act, Public Law 104-208 (110 Stat. 3009-22) is amended by
striking ``12 months'' and inserting in lieu thereof ``2
years'': Provided further, That the Office of Foreign Assets
Control shall be funded at no less than $6,745,000: Provided
further, That chapter 9 of the fiscal year 1997 Supplemental
Appropriations Act for Recovery from Natural Disasters, and
for Overseas Peacekeeping Efforts, including those in Bosnia,
Public Law 105-18 (111 Stat. 195-96) is amended by inserting
after the ``County of Denver'' in each instance ``the County
of Arapahoe''.
Office of Professional Responsibility
salaries and expenses
For necessary expenses of the Office of Professional
Responsibility, including purchase and hire of passenger
motor vehicles, $1,250,000.
Automation Enhancement
(including transfer of funds)
For the development and acquisition of automatic data
processing equipment, software, and services for the
Department of the Treasury, $29,389,000, of which $15,000,000
shall be available to the United States Customs Service for
the Automated Commercial Environment project, of which
$5,600,000 shall be available to Departmental Offices for the
International Trade Data System, and of which $8,789,000
shall be available to Departmental Offices to modernize its
information technology infrastructure and for business
solution software: Provided, That these funds shall remain
available until September 30, 1999: Provided further, That
these funds shall be transferred to accounts and in amounts
as necessary to satisfy the requirements of the Department's
offices, bureaus, and other organizations: Provided further,
That this transfer authority shall be in addition to any
other transfer authority provided in this Act: Provided
further, That none of the funds shall be used to support or
supplement Internal Revenue Service appropriations for
Information Systems: Provided further, That of the
$27,000,000 provided under this heading in Public Law 104-
208, $12,000,000 shall remain available until September 30,
1999: Provided further, That none of the funds for the
International Trade Data System may be obligated until the
Department has submitted a report on their system development
plan to the Committees on Appropriations: Provided further,
That the funds appropriated for the Automated Commercial
Environment project may not be obligated prior to September
1, 1998: Provided further, That the funds appropriated for
the Automated Commercial Environment project may not be
obligated until the Commissioner of Customs has submitted,
and the Committees on Appropriations of the House and Senate
have approved, a systems architecture plan and a milestone
schedule for the development and implementation of all
projects included in the systems architecture plan.
Office of Inspector General
salaries and expenses
(Including Transfer of Funds)
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, not to exceed $2,000,000 for official
travel expenses; including hire of passenger motor vehicles;
and not to exceed $100,000 for unforeseen emergencies of a
confidential nature, to be allocated and expended under the
direction of the Inspector General of the Treasury;
$29,719,000, of which $16,695 shall be transferred to the
``Departmental Offices'' appropriation for the reimbursement
of Secret Service personnel in accordance with section 116 of
this Act.
Treasury Building and Annex Repair and Restoration
(including transfer of funds)
For the repair, alteration, and improvement of the Treasury
Building and Annex, $10,484,000, to remain available until
September 30, 1999.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel
expenses of non-Federal law enforcement personnel to attend
meetings concerned with financial intelligence activities,
law enforcement, and financial regulation; not to exceed
$14,000 for official reception and representation expenses;
and for assistance to Federal law enforcement agencies, with
or without reimbursement; $22,835,000: Provided, That funds
appropriated in this account may be used to procure personal
services contracts.
Violent Crime Reduction Programs
(including transfer of funds)
For activities authorized by Public Law 103-322, to remain
available until expended, which shall be derived from the
Violent Crime Reduction Trust Fund, as follows:
(a) As authorized by section 190001(e), $119,995,000; of
which $24,023,000 shall be available to the Bureau of
Alcohol, Tobacco and Firearms, including $3,000,000 for
administering the Gang Resistance Education and Training
program, $6,000,000 for firearms trafficking initiatives
(including the Youth Crime Gun Initiative, Project LEAD, and
the National Tracing Center), $5,200,000 for CEASEFIRE/IBIS,
$8,215,000 for vehicles, and $1,608,000 for collection of
information on arson and explosives; of which $18,619,000
shall be available for the Federal Law Enforcement Training
Center for construction of additional facilities; of which
$3,000,000 shall be available to the Financial Crimes
Enforcement Network, including $2,000,000 for the money
laundering threat initiative and $1,000,000 for the Secure
Outreach/Encrypted Transmission Program; of which $21,178,000
shall be available to the United States Secret Service,
including $15,664,000 for expenses related to White House
Security, $3,000,000 for investigations of counterfeiting,
and $2,514,000 for forensic and related support of
investigations of missing and exploited children; of which
$44,635,000 shall be available for the United States Customs
Service, including $15,000,000 for high energy container x-
ray systems and automated targeting systems, $5,735,000 for
laboratory modernization, $10,000,000 for vehicle
replacement, $7,800,000 for automated license plate readers,
$1,100,000 for construction of canopies for inspection of
outbound vehicles along the Southwest border, and $5,000,000
to acquire vehicle and container inspection systems; and of
which $8,500,000 shall be available to funds appropriated to
the President, including $5,500,000 to the Counterdrug
Technology Assessment Center for a program to transfer
technology to State and local law enforcement agencies, and
$3,000,000 for the Rocky Mountain HIDTA;
(b) As authorized by section 32401, $10,000,000 to the
Bureau of Alcohol, Tobacco and Firearms for disbursement
through grants, cooperative agreements, or contracts to local
governments for Gang Resistance Education and Training:
Provided, That notwithstanding sections 32401 and 310001,
such
[[Page S7792]]
funds shall be allocated to State and local law enforcement
and prevention organizations;
(c) As authorized by section 180103, $1,000,000 to the
Federal Law Enforcement Training Center for specialized
training for rural law enforcement officers.
Federal Law Enforcement Training Center
salaries and expenses
For necessary expenses of the Federal Law Enforcement
Training Center, as a bureau of the Department of the
Treasury, including materials and support costs of Federal
law enforcement basic training; purchase (not to exceed 52
for police-type use, without regard to the general purchase
price limitation) and hire of passenger motor vehicles; for
expenses for student athletic and related activities;
uniforms without regard to the general purchase price
limitation for the current fiscal year; the conducting of and
participating in firearms matches and presentation of awards;
for public awareness and enhancing community support of law
enforcement training; not to exceed $9,500 for official
reception and representation expenses; room and board for
student interns; and services as authorized by 5 U.S.C. 3109;
$64,663,000, of which $2,819,000 shall be available for fiber
optics replacement; of which up to $13,034,000 for materials
and support costs of Federal law enforcement basic training
shall remain available until September 30, 2000: Provided,
That the Center is authorized to accept and use gifts of
property, both real and personal, and to accept services, for
authorized purposes, including funding of a gift of intrinsic
value which shall be awarded annually by the Director of the
Center to the outstanding student who graduated from a basic
training program at the Center during the previous fiscal
year, which shall be funded only by gifts received through
the Center's gift authority: Provided further, That
notwithstanding any other provision of law, students
attending training at any Federal Law Enforcement Training
Center site shall reside in on-Center or Center-provided
housing, insofar as available and in accordance with Center
policy: Provided further, That funds appropriated in this
account shall be available, at the discretion of the
Director, for: training United States Postal Service law
enforcement personnel and Postal police officers; State and
local government law enforcement training on a space-
available basis; training of foreign law enforcement
officials on a space-available basis with reimbursement of
actual costs to this appropriation; training of private
sector security officials on a space-available basis with
reimbursement of actual costs to this appropriation; and
travel expenses of non-Federal personnel to attend course
development meetings and training at the Center: Provided
further, That the Center is authorized to obligate funds in
anticipation of reimbursements from agencies receiving
training at the Federal Law Enforcement Training Center,
except that total obligations at the end of the fiscal year
shall not exceed total budgetary resources available at the
end of the fiscal year: Provided further, That the Federal
Law Enforcement Training Center is authorized to provide
short term medical services for students undergoing training
at the Center.
acquisition, construction, improvements, and related expenses
For expansion of the Federal Law Enforcement Training
Center, for ongoing maintenance, facility improvements, and
related expenses, $13,930,000, to remain available until
expended.
Interagency Law Enforcement
interagency crime and drug enforcement
For expenses necessary for the detection and investigation
of individuals involved in organized crime drug trafficking,
including cooperative efforts with State and local law
enforcement, $73,794,000, of which $7,827,000 shall remain
available until expended.
Financial Management Service
salaries and expenses
For necessary expenses of the Financial Management Service,
$202,490,000, of which not to exceed $13,235,000 shall remain
available until September 30, 2000 for information systems
modernization initiatives. Beginning in fiscal year 1998 and
thereafter, there are appropriated such sums as may be
necessary to reimburse Federal Reserve Banks in their
capacity as depositaries and fiscal agents for the United
States for all services required or directed by the Secretary
of the Treasury to be performed by such banks on behalf of
the Treasury or other Federal agencies.
Bureau of Alcohol, Tobacco and Firearms
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco
and Firearms, including purchase of not to exceed 650
vehicles for police-type use for replacement only and hire of
passenger motor vehicles; hire of aircraft; services of
expert witnesses at such rates as may be determined by the
Director; for payment of per diem and/or subsistence
allowances to employees where an assignment to the National
Response Team during the investigation of a bombing or arson
incident requires an employee to work 16 hours or more per
day or to remain overnight at his or her post of duty; not to
exceed $12,500 for official reception and representation
expenses; for training of State and local law enforcement
agencies with or without reimbursement, including training in
connection with the training and acquisition of canines for
explosives and fire accelerants detection; and provision of
laboratory assistance to State and local agencies, with or
without reimbursement; $473,490,000; of which $1,000,000 may
be used for the Youth Gun Crime Initiative; of which not to
exceed $1,000,000 shall be available for the payment of
attorneys' fees as provided by 18 U.S.C. 924(d)(2); and of
which $1,000,000 shall be available for the equipping of any
vessel, vehicle, equipment, or aircraft available for
official use by a State or local law enforcement agency if
the conveyance will be used in drug-related joint law
enforcement operations with the Bureau of Alcohol, Tobacco
and Firearms and for the payment of overtime salaries,
travel, fuel, training, equipment, and other similar costs of
State and local law enforcement officers that are incurred in
joint operations with the Bureau of Alcohol, Tobacco and
Firearms: Provided, That no funds made available by this or
any other Act may be used to transfer the functions,
missions, or activities of the Bureau of Alcohol, Tobacco and
Firearms to other agencies or Departments in the fiscal year
ending on September 30, 1998: Provided further, That no funds
appropriated herein shall be available for salaries or
administrative expenses in connection with consolidating or
centralizing, within the Department of the Treasury, the
records, or any portion thereof, of acquisition and
disposition of firearms maintained by Federal firearms
licensees: Provided further, That no funds appropriated
herein shall be used to pay administrative expenses or the
compensation of any officer or employee of the United States
to implement an amendment or amendments to 27 CFR 178.118 or
to change the definition of ``Curios or relics'' in 27 CFR
178.11 or remove any item from ATF Publication 5300.11 as it
existed on January 1, 1994: Provided further, That none of
the funds appropriated herein shall be available to
investigate or act upon applications for relief from Federal
firearms disabilities under 18 U.S.C. 925(c): Provided
further, That such funds shall be available to investigate
and act upon applications filed by corporations for relief
from Federal firearms disabilities under 18 U.S.C. 925(c):
Provided further, That no funds in this Act may be used to
provide ballistics imaging equipment to any State or local
authority who has obtained similar equipment through a
Federal grant or subsidy unless the State or local authority
agrees to return that equipment or to repay that grant or
subsidy to the Federal Government: Provided further, That
prior to implementation of separation plans as authorized by
section 663 of Public Law 104-863, approval will be sought
from the House Committee on Government Reform and Oversight
and the Senate Committee on Governmental Affairs: Provided
further, That no funds under this Act may be used to
electronically retrieve information gathered pursuant to 18
U.S.C. 923(g)(4) by name or any personal identification code.
laboratory facilities
For necessary expenses for construction of a new facility
or facilities to house the Bureau of Alcohol, Tobacco and
Firearms National Laboratory Center and the Fire
Investigation Research and Development Center, not to exceed
185,000 occupiable square feet, $55,022,000 to remain
available until expended: Provided, That these funds shall
not be available until an authorized prospectus for the
Laboratory Facilities is approved by the House Committee on
Transportation and Infrastructure and the Senate Committee on
Environment and Public Works.
United States Customs Service
salaries and expenses
For necessary expenses of the United States Customs
Service, including purchase of up to 1,050 motor vehicles of
which 985 are for replacement only and of which 1,030 are for
police-type use and commercial operations; hire of motor
vehicles; contracting with individuals for personal services
abroad; not to exceed $30,000 for official reception and
representation expenses; and awards of compensation to
informers, as authorized by any Act enforced by the United
States Customs Service; $1,551,028,000, of which such sums as
become available in the Customs User Fee Account, except sums
subject to section 13031(f)(3) of the Consolidated Omnibus
Reconciliation Act of 1985, as amended (19 U.S.C. 58c(f)(3)),
shall be derived from that Account; of the total, not to
exceed $150,000 shall be available for payment for rental
space in connection with preclearance operations, and not to
exceed $4,000,000 shall be available until expended for
research, not to exceed $1,500,000 shall be available until
expended for conducting special operations pursuant to 19
U.S.C. 2081, and up to $6,000,000 shall be available until
expended for the procurement of automation infrastructure
items, including hardware, software, and installation:
Provided, That uniforms may be purchased without regard to
the general purchase price limitation for the current fiscal
year: Provided further, That prior to implementation of
separation plans as authorized by section 663 of Public Law
104-863, approval will be sought from the House Committee on
Government Reform and Oversight and the Senate Committee on
Governmental Affairs: Provided further, That $2,500,000 shall
be available to fund the Globe Trade and Research Program at
the Montana World Trade Center: Provided further, That
notwithstanding any other provision of law, the fiscal year
aggregate overtime limitation prescribed in subsection
5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 261 and
267) shall be $30,000.
[[Page S7793]]
operations, maintenance and procurement, air and marine interdiction
programs
For expenses, not otherwise provided for, necessary for the
operation and maintenance of marine vessels, aircraft, and
other related equipment of the Air and Marine Programs,
including operational training and mission-related travel,
and rental payments for facilities occupied by the air or
marine interdiction and demand reduction programs, the
operations of which include: the interdiction of narcotics
and other goods; the provision of support to Customs and
other Federal, State, and local agencies in the enforcement
or administration of laws enforced by the Customs Service;
and, at the discretion of the Commissioner of Customs, the
provision of assistance to Federal, State, and local agencies
in other law enforcement and emergency humanitarian efforts;
$92,758,000, which shall remain available until expended:
Provided, That no aircraft or other related equipment, with
the exception of aircraft which is one of a kind and has been
identified as excess to Customs requirements and aircraft
which has been damaged beyond repair, shall be transferred to
any other Federal agency, Department, or office outside of
the Department of the Treasury, during fiscal year 1998
without the prior approval of the House and Senate Committees
on Appropriations.
customs services at small airports
(to be derived from fees collected)
Such sums as may be necessary for expenses for the
provision of Customs services at certain small airports or
other facilities when authorized by law and designated by the
Secretary of the Treasury, including expenditures for the
salary and expenses of individuals employed to provide such
services, to be derived from fees collected by the Secretary
pursuant to section 236 of Public Law 98-573 for each of
these airports or other facilities when authorized by law and
designated by the Secretary, and to remain available until
expended.
harbor maintenance fee collection
For administrative expenses related to the collection of
the Harbor Maintenance Fee, pursuant to Public Law 103-182,
$3,000,000, to be derived from the Harbor Maintenance Trust
Fund and to be transferred to and merged with the Customs
``Salaries and Expenses'' account for such purposes.
Bureau of the Public Debt
administering the public debt
For necessary expenses connected with any public-debt
issues of the United States, $173,826,000, of which not to
exceed $2,500 shall be available for official reception and
representation expenses, and of which $2,000,000 shall remain
available until September 30, 2000 for information systems
modernization initiatives: Provided, That the sum
appropriated herein from the General Fund for fiscal year
1998 shall be reduced by not more than $4,400,000 as
definitive security issue fees and Treasury Direct Investor
Account Maintenance fees are collected, so as to result in a
final fiscal year 1998 appropriation from the General Fund
estimated at $169,426,000, and in addition, $20,000, to be
derived from the Oil Spill Liability Trust Fund to reimburse
the Bureau for administrative and personnel expenses for
financial management of the Fund, as authorized by section
102 of Public Law 101-380: Provided further, That
notwithstanding any other provisions of law, effective upon
enactment, the Bureau of the Public Debt shall be fully and
directly reimbursed by the funds described in Public Law 101-
136, title I, section 104, 103 Stat. 789 for costs and
services performed by the Bureau in the administration of
such funds.
Internal Revenue Service
processing, assistance, and management
For necessary expenses of the Internal Revenue Service, not
otherwise provided for; including processing tax returns;
revenue accounting; providing tax law and account assistance
to taxpayers by telephone and correspondence; matching
information returns and tax returns; management services;
rent and utilities; and inspection; including purchase (not
to exceed 150 for replacement only for police-type use) and
hire of passenger motor vehicles (31 U.S.C. 1343(b)); and
services as authorized by 5 U.S.C. 3109, at such rates as may
be determined by the Commissioner; $2,943,174,000, of which
up to $3,700,000 shall be for the Tax Counseling for the
Elderly Program, and of which not to exceed $25,000 shall be
for official reception and representation expenses.
tax law enforcement
For necessary expenses of the Internal Revenue Service for
determining and establishing tax liabilities; tax and
enforcement litigation; technical rulings; examining employee
plans and exempt organizations; investigation and enforcement
activities; securing unfiled tax returns; collecting unpaid
accounts; statistics of income and compliance research; the
purchase (for police-type use, not to exceed 850) and hire of
passenger motor vehicles (31 U.S.C. 1343(b)); and services as
authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $3,153,722,000. Of the funds
appropriated under this heading in Public Law 104-208,
$26,000,000 and in addition, $6,000,000 in Public Law 104-52
are available in fiscal year 1998 for the Year 2000 Century
Date Change.
information systems
For necessary expenses for data processing and
telecommunications support for Internal Revenue Service
activities, including developmental information systems and
operational information systems; the hire of passenger motor
vehicles (31 U.S.C. 1343(b)); and services as authorized by 5
U.S.C. 3109, at such rates as may be determined by the
Commissioner, $1,272,487,000, which shall be available until
September 30, 1999: Provided, That under the heading
``Information Systems'' in Public Law 104-208 (110 Stat.
3009), the following is deleted: ``of which no less than
$130,075,000 shall be available for Tax Systems Modernization
(TSM) development and deployment'': Provided further, That
the IRS will submit a reprogramming request, of which no less
than $102,500,000 is available for Year 2000 conversion.
information technology investments
For necessary expenses for the capital asset acquisition of
information technology systems as they relate to the century
date change and data center consolidation; $325,000,000,
which shall remain available until September 30, 2000:
Provided, That none of the funds are available for obligation
until September 1, 1998: Provided further, That the systems
acquired are in compliance with acquisition rules,
requirements, guidelines, and systems acquisition management
practices of the Federal Government.
administrative provisions--internal revenue service
Sec. 101. Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service may be
transferred to any other Internal Revenue Service
appropriation upon the advance approval of the House and
Senate Committees on Appropriations.
Sec. 102. The Internal Revenue Service shall maintain a
training program to ensure that Internal Revenue Service
employees are trained in taxpayers' rights, in dealing
courteously with the taxpayers, and in cross-cultural
relations.
Sec. 103. The funds provided in this Act for the Internal
Revenue Service shall be used to provide, as a minimum, the
fiscal year 1995 level of service, staffing, and funding for
Taxpayer Services.
Sec. 104. None of the funds appropriated by this title
shall be used in connection with the collection of any
underpayment of any tax imposed by the Internal Revenue Code
of 1986 unless the conduct of officers and employees of the
Internal Revenue Service in connection with such collection,
including any private sector employees under contract to the
Internal Revenue Service, complies with subsection (a) of
section 805 (relating to communications in connection with
debt collection), and section 806 (relating to harassment or
abuse), of the Fair Debt Collection Practices Act (15 U.S.C.
1692.)
Sec. 105. The Internal Revenue Service shall institute and
enforce policies and procedures which will safeguard the
confidentiality of taxpayer information.
Sec. 106. Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved
facilities and increased manpower to provide sufficient and
effective 1-800 help line for taxpayers. The Commissioner
shall continue to make the improvement of the IRS 1-800 help
line service a priority and allocate resources necessary to
increase phone lines and staff to improve the IRS 1-800 help
line service.
Sec. 107. Hereafter, no field support reorganization of the
Internal Revenue Service shall be undertaken in Aberdeen,
South Dakota until the Internal Revenue Service toll-free
help phone line assistance program reaches at least an 80
percent service level. The Commissioner shall submit to
Congress a report and the GAO shall certify to Congress that
the 80 percent service level has been met.
Sec. 108. Notwithstanding any other provision of law, no
reorganization of the field office structure of the Internal
Revenue Service Criminal Investigation division will result
in a reduction of criminal investigators in Wisconsin from
the 1996 level.
Sec. 109. None of the funds appropriated under this Act or
any Act hereinafter enacted may be used by the Secretary of
the Treasury to collect a tax liability by levy upon a
limited entry commercial fishing permit issued by a State
unless the Secretary first determines in writing and by clear
and convincing evidence that such levy will facilitate the
full collection of such tax liability.
United States Secret Service
salaries and expenses
For necessary expenses of the United States Secret Service,
including purchase (not to exceed 705 vehicles for police-
type use, of which 675 shall be for replacement only), and
hire of passenger motor vehicles; hire of aircraft; training
and assistance requested by State and local governments,
which may be provided without reimbursement; services of
expert witnesses at such rates as may be determined by the
Director; rental of buildings in the District of Columbia,
and fencing, lighting, guard booths, and other facilities on
private or other property not in Government ownership or
control, as may be necessary to perform protective functions;
for payment of per diem and/or subsistence allowances to
employees where a protective assignment during the actual day
or days of the visit of a protectee require an employee to
work 16 hours per day or to remain overnight at his or her
post of duty; the conducting of and participating in firearms
matches; presentation of awards; for
[[Page S7794]]
travel of Secret Service employees on protective missions
without regard to the limitations on such expenditures in
this or any other Act if approval is obtained in advance from
the House and Senate Committees on Appropriations; for
repairs, alterations, and minor construction at the James J.
Rowley Secret Service Training Center; for research and
development; for making grants to conduct behavioral research
in support of protective research and operations; not to
exceed $20,000 for official reception and representation
expenses; for sponsorship of a conference for the Women in
Federal Law Enforcement, to be held during fiscal year 1998;
not to exceed $50,000 to provide technical assistance and
equipment to foreign law enforcement organizations in
counterfeit investigations; for payment in advance for
commercial accommodations as may be necessary to perform
protective functions; and for uniforms without regard to the
general purchase price limitation for the current fiscal
year; not to exceed $6,568,000 for continued White House
security enhancements; not to exceed $1,623,000 for fixed
site and security maintenance; not to exceed $2,830,000 for
LAN replacement; not to exceed $1,000,000 for year 2000 date
conversion; not to exceed $6,100,000 for FLEWUG/SNET which
shall remain available until expended; not to exceed
$6,700,000 for vehicle replacement; and not to exceed
$1,460,000 to provide technical assistance and to assess the
effectiveness of new technology intended to combat identity-
based crimes; $570,809,000.
acquisition, construction, improvement, and related expenses
For necessary expenses of construction, repair, alteration,
and improvement of facilities, $9,176,000, to remain
available until expended for the Secret Service's
Headquarters Building and the James J. Rowley Training
Center.
General Provisions--Department of the Treasury
Sec. 111. Any obligation or expenditure by the Secretary in
connection with law enforcement activities of a Federal
agency or a Department of the Treasury law enforcement
organization in accordance with 31 U.S.C. 9703(g)(4)(B) from
unobligated balances remaining in the Fund on September 30,
1998, shall be made in compliance with the reprogramming
guidelines contained in the Senate report accompanying this
Act.
Sec. 112. Appropriations to the Treasury Department in this
Act shall be available for uniforms or allowances therefor,
as authorized by law (5 U.S.C. 5901), including maintenance,
repairs, and cleaning; purchase of insurance for official
motor vehicles operated in foreign countries; purchase of
motor vehicles without regard to the general purchase price
limitations for vehicles purchased and used overseas for the
current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical
services to employees and their dependents serving in foreign
countries; and services authorized by 5 U.S.C. 3109.
Sec. 113. The funds provided to the Bureau of Alcohol,
Tobacco and Firearms for fiscal year 1998 in this Act for the
enforcement of the Federal Alcohol Administration Act shall
be expended in a manner so as not to diminish enforcement
efforts with respect to section 105 of the Federal Alcohol
Administration Act.
Sec. 114. Not to exceed 2 percent of any appropriations in
this Act made available to the Federal Law Enforcement
Training Center, Financial Crimes Enforcement Network, Bureau
of Alcohol, Tobacco and Firearms, U.S. Customs Service, and
U.S. Secret Service may be transferred between such
appropriations. No transfer may increase or decrease any such
appropriation by more than 2 percent and notice of any such
transfer shall be approved by the Committees on
Appropriations of the House and Senate.
Sec. 115. Not to exceed 2 percent of any appropriations in
this Act made available to the Departmental Offices, Office
of Inspector General, Financial Management Service, and
Bureau of the Public Debt, may be transferred between such
appropriations. No transfer may increase or decrease any such
appropriation by more than 2 percent and notice of any such
transfer shall be transmitted in advance to the Committees on
Appropriations of the House and Senate.
Sec. 116. The Secretary of the Treasury shall pay from
amounts transferred to the ``Departmental Offices''
appropriation, up to $16,695 to reimburse Secret Service
personnel for any attorney fees and costs they incurred with
respect to investigation by the Department of the Treasury
Inspector General concerning testimony provided to Congress:
Provided, That the Secretary of the Treasury shall pay an
individual in full upon submission by the individual of
documentation verifying the attorney fees and costs: Provided
further, That the liability of the United States shall not be
inferred from enactment of or payment under this provision:
Provided further, That 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 enactment of this Act:
Provided further, That payment under this provision, when
accepted, shall be in full satisfaction of all claims of, or
on behalf of, the individual Secret Service agent who was the
subject of said investigation.
Sec. 117. (a)(1) Effective beginning on the date determined
under paragraph (2), the compensation and other emoluments
attached to the Office of Secretary of the Treasury shall be
those that would then apply if Public Law 103-2 (107 Stat. 4;
31 U.S.C. 301 note) had never been enacted.
(2) Paragraph (1) shall become effective on the later of--
(A) the day after the date on which the individual holding
the Office of Secretary of the Treasury on January 1, 1997,
ceases to hold that office; or
(B) the date of the enactment of this Act.
(3) Nothing in this subsection shall be considered to
affect the compensation or emoluments due to any individual
in connection with any period preceding the date determined
under paragraph (2).
(b) Subsection (b) of the first section of the public law
referred to in subsection (a)(1) of this section shall not
apply in the case of any appointment the consent of the
Senate to which occurs on or after the date of the enactment
of this Act.
(c) This section shall not be limited (for purposes of
determining whether a provision of this section applies or
continues to apply) to fiscal year 1998.
RATES OF BASIC PAY FOR THE UNITED STATES SECRET SERVICE UNIFORMED
DIVISION.
Sec. 118. (a) New Rates of Basic Pay.--Section 501 of the
District of Columbia Police and Firemen's Salary Act of 1958,
(District of Columbia Code, section 4-416), is amended--
(1) in subsection (b)(1), by striking ``Interior'' and all
that follows through ``Treasury,'' and inserting
``Interior'';
(2) by redesignating subsection (c) as subsection (b)(3);
(3) in subsection (b)(3) (as redesignated)--
(A) by striking ``or to officers and members of the United
States Secret Service Uniformed Division''; and
(B) by striking ``subsection (b) of this section'' and
inserting ``this subsection''; and
(4) by adding after subsection (b) the following new
subsection:
``(c)(1) The annual rates of basic compensation of officers
and members of the United States Secret Service Uniformed
Division, serving in classes corresponding or similar to
those in the salary schedule in section 101 (District of
Columbia Code, section 4-406), shall be fixed in accordance
with the following schedule of rates:
``SALARY SCHEDULE
--------------------------------------------------------------------------------------------------------------------------------------------------------
Service steps
Salary class and title --------------------------------------------------------------------------------------------------
1 2 3 4 5 6 7 8 9
--------------------------------------------------------------------------------------------------------------------------------------------------------
Class 1: Private..................................... 29,215 30,088 31,559 33,009 35,331 37,681 39,128 40,593 42,052
Class 4: Sergeant.................................... 39,769 41,747 43,728 45,718 47,715 49,713
Class 5: Lieutenant.................................. 45,148 47,411 49,663 51,924 54,180
Class 7: Captain..................................... 52,523 55,155 57,788 60,388
Class 8: Inspector................................... 60,886 63,918 66,977 70,029
Class 9: Deputy Chief................................ 71,433 76,260 81,113 85,950
Class 10: Assistant Chief............................ 84,694 90,324 95,967
Class 11: Chief of the United States Secret Service
Uniformed Division.................................. 98,383 104,923
--------------------------------------------------------------------------------------------------------------------------------------------------------
``(2) Effective at the beginning of the first applicable
pay period commencing on or after the first day of the month
in which an adjustment takes effect under section 5303 of
title 5, United States Code (or any subsequent similar
provision of law), in the rates of pay under the General
Schedule (or any pay system that may supersede such
schedule), the annual rates of basic compensation of officers
and members of the United States Secret Service Uniformed
Division shall be adjusted by the Secretary of the Treasury
by an amount equal to the percentage of such annual rate of
pay which corresponds to the overall percentage of the
adjustment made in the rates of pay under the General
Schedule.
``(3) Locality-based comparability payments authorized
under section 5304 of title 5, United States Code, shall be
applicable to the basic pay under this section, except
locality-based comparability payments may not be paid at a
rate which, when added to the rate of basic pay otherwise
payable to the officer or member, would cause the total
[[Page S7795]]
to exceed the rate of basic pay payable for level IV of the
Executive Schedule.
``(4) Pay may not be paid, by reason of any provision of
this subsection (disregarding any comparability payment
payable under Federal law), at a rate in excess of the rate
of basic pay payable for level V of the Executive Schedule
contained in subchapter II of chapter 53 of title 5, United
States Code.
``(5) Any reference in any law to the salary schedule in
section 101 (District of Columbia Code, section 4-406) with
respect to officers and members of the United States Secret
Service Uniformed Division shall be considered to be a
reference to the salary schedule in paragraph (1) of this
subsection as adjusted in accordance with this subsection.
``(6)(A) Except as otherwise permitted by or under law, no
allowance, differential, bonus, award, or other similar cash
payment under this title or under title 5, United States
Code, may be paid to an officer or member of the United
States Secret Service Uniformed Division in a calendar year
if, or to the extent that, when added to the total basic pay
paid or payable to such officer or member for service
performed in such calendar year as an officer or member, such
payment would cause the total to exceed the annual rate of
basic pay payable for level I of the Executive Schedule, as
of the end of such calendar year.
``(B) This paragraph shall not apply to any payment under
the following provisions of title 5, United States Code:
``(i) Subchapter III or VII of chapter 55, or section 5596.
``(ii) Chapter 57 (other than section 5753, 5754, or 5755).
``(iii) Chapter 59 (other than section 5928).
``(7)(A) Any amount which is not paid to an officer or
member of the United States Secret Service Uniformed Division
in a calendar year because of the limitation under paragraph
(6) shall be paid to such officer or member in a lump sum at
the beginning of the following calendar year.
``(B) Any amount paid under this paragraph in a calendar
year shall be taken into account for purposes of applying the
limitations under paragraph (6) with respect to such calendar
year.
``(8) The Office of Personnel Management shall prescribe
regulations as may be necessary (consistent with section 5582
of title 5, United States Code) concerning how a lump-sum
payment under paragraph (7) shall be made with respect to any
employee who dies before an amount payable to such employee
under paragraph (7) is made.''.
(b) Conversion to New Salary Schedule.--
(1)(A) Effective on the first day of the first pay period
beginning after the date of enactment of this section, the
Secretary of the Treasury shall fix the rates of basic pay
for members of the United States Secret Service Uniformed
Division in accordance with this paragraph.
(B) Subject to subparagraph (C), each officer and member
receiving basic compensation, immediately prior to the
effective date of this section, at one of the scheduled rates
in the salary schedule in section 101 of the District of
Columbia Police and Firemen's Salary Act of 1958, as adjusted
by law and as in effect prior to the effective date of this
section, shall be placed in and receive basic compensation at
the corresponding scheduled service step of the salary
schedule under subsection (a)(4).
(C)(i) The Assistant Chief and the Chief of the United
States Secret Service Uniformed Division shall be placed in
and receive basic compensation in salary class 10 and salary
class 11, respectively, in the appropriate service step in
the new salary class in accordance with section 304 of the
District of Columbia Police and Firemen's Salary Act 1958
(District of Columbia Code, section 4-413).
(ii) Each member whose position is to be converted to the
salary schedule under section 501(c) of the District of
Columbia Police and Firemen's Salary Act of 1958 (District of
Columbia Code, section 4-416(c)) as amended by this section,
in accordance with subsection (a) of this section, and who,
prior to the effective date of this section has earned, but
has not been credited with, an increase in his or her rate of
pay shall be afforded that increase before such member is
placed in the corresponding service step in the salary
schedule under section 501(c).
(2) Except in the cases of the Assistant Chief and the
Chief of the United States Secret Service Uniformed Division,
the conversion of positions and individuals to appropriate
classes of the salary schedule under section 501(c) of the
District of Columbia Police and Firemen's Salary Act of 1958
(District of Columbia Code, section 4-416(c)) as amended by
this section, and the initial adjustments of rates of basic
pay of those positions and individuals, in accordance with
paragraph (1) of this subsection, shall not be considered to
be transfers or promotions within the meaning of section 304
of the District of Columbia Police and Firemen's Salary Act
of 1958 (District of Columbia Code, section 4-413).
(3) Each member whose position is converted to the salary
schedule under section 501(c) of the District of Columbia
Police and Firemen's Salary Act of 1958 (District of Columbia
Code, section 4-416(c)) as amended by this section, in
accordance with subsection (a) of this section, shall be
granted credit for purposes of such member's first service
step adjustment under the salary schedule in such section
510(c) for all satisfactory service performed by the member
since the member's last increase in basic pay prior to the
adjustment under that section.
(c) Limitation on Pay Period Earnings.--The Act of August
15, 1950 (64 Stat. 477), (District of Columbia Code, section
4-1104), is amended--
(1) in subsection (h), by striking ``any officer or
member'' each place it appears and inserting ``an officer or
member of the Metropolitan Police force, of the Fire
Department of the District of Columbia, or of the United
States Park Police'';
(2) by redesignating subsection (h)(3) as subsection (i);
and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3)(A) no premium pay provided by this section shall be
paid to, and no compensatory time is authorized for, any
officer or member of the United States Secret Service
Uniformed Division whose rate of basic pay, combined with any
applicable locality-based comparability payment, equals or
exceeds the lesser of--
``(i) 150 percent of the minimum rate payable for grade GS-
15 of the General Schedule (including any applicable
locality-based comparability payment under section 5304 of
title 5, United States Code or any similar provision of law,
and any applicable special rate of pay under section 5305 of
title 5, United States Code or any similar provision of law);
or
``(ii) the rate payable for level V of the Executive
Schedule contained in subchapter II of chapter 53 of title 5,
United States Code.
``(B) In the case of any officer or member of the United
States Secret Service Uniformed Division whose rate of basic
pay, combined with any applicable locality-based
comparability payment, is less than the lesser of--
``(i) 150 percent of the minimum rate payable for grade GS-
15 of the General Schedule (including any applicable
locality-based comparability payment under section 5304 of
title 5, United States Code or any similar provision of law,
and any applicable special rate of pay under section 5305 of
title 5, United States Code or any similar provision of law);
or
``(ii) the rate payable for level V of the Executive
Schedule contained in subchapter II of chapter 53 of title 5,
United States Code,
such premium pay may be paid only to the extent that such
payment would not cause such officer or member's aggregate
rate of compensation to exceed such lesser amount with
respect to any pay period.''.
(d) Savings Provision.--On the effective date of this
section, any existing special salary rates authorized for
members of the United States Secret Service Uniformed
Division under section 5305 of title 5, United States Code
(or any previous similar provision of law) and any special
rates of pay or special pay adjustments under section 403,
404, or 405 of the Federal Law Enforcement Pay Reform Act of
1990 applicable to members of the United States Secret
Service Uniformed Division shall be rendered inapplicable.
(e) Conforming Amendment.--The Federal Law Enforcement Pay
Reform Act of 1990 (104 Stat. 1466) is amended by striking
subsections (b)(1) and (c)(1) of section 405.
(f) Effective Date.--The provisions of this section shall
become effective on the first day of the first pay period
beginning after the date of enactment of this Act.
Sec. 119. Section 117 of the Treasury, Postal Service, and
General Government Appropriations Act, 1997 (as contained in
section 101(f) of division A of Public Law 104-208) is hereby
repealed.
Sec. 120. Notwithstanding any other provision of law, the
Secretary of the Treasury shall establish the port of Kodiak,
Alaska as a port of entry and United States Customs Service
personnel in Anchorage, Alaska shall serve such port of
entry. There are authorized to be appropriated such sums as
necessary to cover the costs associated with the performance
of customs functions using such United States Customs Service
personnel.
Sec. 121. None of the funds made available by this Act may
be used by the Inspector General to contract for advisory and
assistance services that has the meaning given such term in
section 1105(g) of title 31, United States Code.
TITLE II--POSTAL SERVICE
Payments to the Postal Service Fund
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,
$86,274,000: 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, 1998.
payment to the postal service fund for nonfunded liabilities
For payment to the Postal Service Fund for meeting the
liabilities of the former Post
[[Page S7796]]
Office Department to the Employees' Compensation Fund
pursuant to 39 United States Code 2004, $34,850,000.
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; $51,199,000: Provided, That $873,000
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 systems architecture plan, a milestone schedule
for the development and implementation of all projects
included in the systems architecture plan, and an estimate of
the funds required to support the fiscal year 1998 capital
investments associated with that plan: Provided further, That
$9,800,000 of the funds appropriated shall be available for
reimbursements to the White House Communications Agency in
accordance with Public Law 104-201.
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, $8,045,000, to be expended and accounted for as
provided by 3 U.S.C. 105, 109-110, 112-114.
White House Repair and Restoration
For the repair, alteration, and improvement of the
Executive Residence at the White House, $200,000, to remain
available until expended for renovation and relocation of the
White House laundry, 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; $3,378,000: Provided, That $69,800
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 systems architecture plan, a milestone schedule
for the development and implementation of all projects
included in the systems architecture plan, and an estimate of
the funds required to support the fiscal year 1998 capital
investments associated with that 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; $334,000: 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.
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),
$3,542,000.
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; $3,983,000.
National Security Council
salaries and expenses
For necessary expenses of the National Security Council,
including services as authorized by 5 U.S.C. 3109,
$6,648,000.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration,
including services as authorized by 5 U.S.C. 3109 and 3
U.S.C. 107, and hire of passenger motor vehicles $28,883,000,
of which $2,000,000 shall remain available until expended for
a capital investment plan which provides for the
modernization of the information technology infrastructure:
Provided, That $2,000,000 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
systems architecture plan, a milestone schedule for the
development and implementation of all projects included in
the system architecture plan, and an estimate of the funds
required to support the fiscal year 1998 capital investments
associated with that 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, $57,240,000, 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 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.
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;
$36,016,000, 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 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.
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, $140,207,000 for drug control activities consistent
with the approved strategy for each of the designated High
Intensity Drug Trafficking Areas, of which no less than
$71,000,000 shall be transferred to State and local entities
for drug control activities, which shall be obligated within
120 days of the date of enactment of this Act and up to
$69,207,000 may be transferred to Federal agencies and
departments at a rate to be determined by the Director:
Provided, That funding shall be provided for existing High
Intensity Drug Trafficking Areas at no less than the fiscal
year 1997 level.
special forfeiture fund
For activities to support a national media campaign for
youth, and other purposes, authorized by Public Law 100-690,
as amended, $145,300,000, to remain available until expended:
Provided, That such funds may be transferred to other Federal
departments and agencies to carry out such activities:
Provided further, That of the amount provided, $110,000,000
shall be to support a national media campaign, to reduce and
prevent drug use among young Americans: Provided further,
That none of the funds provided for the national media
campaign may be obligated until the Director, Office of
National Drug Control Policy, submits a strategy to the
Committees on Appropriations and the Judiciary of the House
of Representatives and the Senate that includes (1) a
certification, and guidelines to ensure that funds will
supplement and not supplant current anti-drug community based
coalitions; (2) a certification, and guidelines to ensure
that none of the funds will be used for partisan political
purposes; (3) a certification, and guidelines to ensure that
no media campaigns to be funded pursuant to this campaign
shall feature any elected officials, persons seeking elected
office, cabinet-level officials, or other Federal officials
employed pursuant to Schedule C of title 5, Code of Federal
Regulations, section 213, absent notice to the Chairmen and
Ranking Members of the House and Senate Committees on
Appropriations and the Judiciary; (4) a detailed
implementation plan to be submitted to the
[[Page S7797]]
Chairmen and Ranking Members of the Committees on
Appropriations and the Judiciary for securing private sector
contributions including but not limited to in-kind
contributions; (5) a detailed implementation plan to be
submitted to the Chairmen and Ranking Members of the
Committees on Appropriations and the Judiciary of the
qualifications necessary for any organization, entity, or
individual to receive funding for or otherwise provided
broadcast media time: Provided further, That the Director
shall (1) report to Congress quarterly on the obligation of
funds as well as the specific parameters of the national
media campaign and (2) report to Congress within two years on
the effectiveness of the national media campaign based upon
the measurable outcomes provided to Congress previously:
Provided further, That of the amount provided, $10,000,000
shall be to initiate a program of matching grants to drug-
free communities, as authorized in the Drug-Free Communities
Act of 1997: Provided further, That of the amount provided,
$10,000,000 shall be used to continue and expand the
methamphetamine reduction efforts: Provided further, That of
the amount provided, $6,000,000 shall be used to establish a
Federal Drug-Free Prison demonstration project: Provided
further, That of the amount provided $9,300,000 shall be used
to continue the reduction of drug use program for those
involved in the criminal justice system.
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, $1,940,000.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the
Federal Election Campaign Act of 1971, as amended,
$29,000,000, 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: Provided, That the
General Accounting Office shall conduct a management review,
and technology and performance audit, of the Federal Election
Commission.
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; $22,039,000: 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
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)), 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, and any other obligations
for public buildings acquired by installment purchase and
purchase contract, in the aggregate amount of $4,885,934,000,
of which (1) $350,000,000 shall remain available until
expended, for repairs and alterations which includes
associated design and construction services:
Repairs and alterations;
Chlorofluorocarbons Program, $50,000,000; and
Basic Repairs and Alterations, $300,000,000:
Provided, 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 made available
in this Act or any previous Act for Repairs and Alterations
shall, for prospectus projects, be limited to the amount
originally made available, 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 all
funds for repairs and alterations prospectus projects shall
expire on September 30, 2000 and remain in the Federal
Building 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; (2) $142,542,000 for installment
acquisition payments including payments on purchase contracts
which shall remain available until expended; (3)
$2,275,340,000 for rental of space which shall remain
available until expended; (4) $1,331,789,000 for building
operations which shall remain available until expended; and
(5) $680,543,000 which shall remain available until expended
for projects and activities previously approved under this
heading in prior fiscal years: 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 1998, 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 $4,885,934,000 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;
procurement and supply; 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; $104,487,000.
office of inspector general
For necessary expenses of the Office of Inspector General
and services authorized by 5 U.S.C. 3109, $33,870,000:
Provided, That not to exceed $10,000 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.
[[Page S7798]]
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,
$2,208,000: Provided, That the Administrator of General
Services shall transfer to the Secretary of the Treasury such
sums as may be necessary to carry out the provisions of such
Acts.
General Provisions--General Services Administration
Sec. 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 1998 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. No funds made available by this Act shall be used
to transmit a fiscal year 1999 request for United States
Courthouse construction that (1) does not meet the design
guide standards for construction as established and approved
by the General Services Administration, the Judicial
Conference of the United States, and the Office of Management
and Budget; and (2) 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 fiscal
year 1999 request must be accompanied by a standardized
courtroom utilization study of each facility to be
constructed, replaced, or expanded.
Sec. 405. 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 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. 406. Section 10 of the General Services Administration
General Provisions, Public Law 100-440, is hereby repealed.
Sec. 407. Funds provided to other Government agencies by
the Information Technology Fund, GSA, under 40 U.S.C. 757 and
sections 5124(b) and 5128 of Public Law 104-106, Information
Technology Management Reform Act of 1996, for performance of
pilot information technology projects which have potential
for Government-wide benefits and savings, may be repaid to
this Fund from any savings actually incurred by these
projects or other funding, to the extent feasible.
Sec. 408. 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 facade, 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. 409. (a) The Act approved August 25, 1958, as amended
(Public Law 85-745; 3 U.S.C. 102 note), is amended by
striking section 2.
(b) Section 3214 of title 39, United States Code, is
amended--
(1) in subsection (a) by striking ``(a) Subject to
subsection (b), a'' and inserting ``A''; and
(2) by striking subsection (b).
Sec. 410. Section 201(b) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 481) as
amended to read as follows:
``(b) The Administrator shall as far as practicable provide
any of the services specified in subsection (a) of this
section to any other Federal agency, mixed ownership
corporation (as defined in chapter 91 of title 31, United
States Code), or the District of Columbia, upon its
request.''.
John F. Kennedy Assassination Records Review Board
For the necessary expenses to carry out the John F. Kennedy
Assassination Records Collection Act of 1992, $1,600,000:
Provided, That $100,000 shall be available only for the
purposes of the prompt and orderly termination of the John F.
Kennedy Assassination Records Review Board, to be concluded
no later than September 30, 1998.
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, $24,810,000, 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, $206,479,000:
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 provide adequate storage for
holdings.
archives facilities and presidential libraries repairs and restoration
For the repair, alteration, and improvement of archives
facilities and presidential libraries, and to provide
adequate storage for holdings, $13,650,000, to remain
available until expended, of which $4,000,000 is for repairs
and restoration of the Truman Library in Independence,
Missouri, and of which $3,000,000 is for internal repairs to
the Lyndon Baines Johnson Presidential Library located at the
University of Texas at Austin.
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, $5,000,000, to remain available
until expended.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office
of Government Ethics pursuant to the Ethics in Government Act
of 1978, as amended by Public Law 100-598, and the Ethics
Reform Act of 1989, Public Law 101-194, including services as
authorized by 5 U.S.C. 3109, rental of conference rooms in
the District of Columbia and elsewhere, hire of passenger
motor vehicles, and not to exceed $1,500 for official
reception and representation expenses; $8,265,000.
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; $85,350,000; and in addition
$91,236,000 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 printed materials for the retirement and
insurance programs: Provided, That the provisions of this
appropriation shall not affect the authority to use
applicable trust funds as provided by section 8348(a)(1)(B)
of title 5, United States Code: Provided further, That,
except as may be consistent with 5 U.S.C. 8902a(f)(1) and
(i), no payment may be made from the Employees Health
Benefits Fund to any physician, hospital, or other provider
of health care services or supplies who is, at the time such
services or supplies are provided to an individual covered
under chapter 89 of title 5, United States Code, excluded,
pursuant to section 1128 or 1128A of the Social Security Act
(42 U.S.C. 1320a-7-1320a-7a), from participation in any
program under title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.): Provided further, That no part of this
appropriation shall be available for salaries and expenses of
the Legal Examining Unit of the Office of Personnel
Management established pursuant to Executive Order 9358 of
July 1, 1943, or any successor unit of like purpose: Provided
further, That the President's Commission on White House
Fellows, established by Executive Order 11183 of October 3,
1964, may, during the fiscal year ending September 30, 1998,
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.
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
[[Page S7799]]
transferred from the appropriate trust funds of the Office of
Personnel Management, as determined by the Inspector General:
Provided, That the Inspector General is authorized to rent
conference rooms in the District of Columbia and elsewhere.
government payment for annuitants, employees health benefits
For payment of Government contributions with respect to
retired employees, as authorized by chapter 89 of title 5,
United States Code, and the Retired Federal Employees Health
Benefits Act (74 Stat. 849), as amended, 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; $8,450,000.
United States Tax Court
Salaries and Expenses
For necessary expenses, including contract reporting and
other services as authorized by 5 U.S.C. 3109, $34,293,000:
Provided, That travel expenses of the judges shall be paid
upon the written certificate of the judge.
TITLE V--GENERAL PROVISIONS
This Act
Sec. 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 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. 504. None of the funds made available by this Act
shall be available in fiscal year 1998, 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. 505. 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. 506. 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 other officer or employee of the
United States Postal Service from having any direct oral or
written communication or contact with any Member, committee,
or subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or
employee or pertaining to the United States Postal Service of
such other officer or employee in any way, irrespective of
whether such communication or contact is at the initiative of
such other officer or employee or in response to the request
or inquiry of such Member, committee, or subcommittee; 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 other officer or employee of
the United States Postal Service, or attempts or threatens to
commit any of the foregoing actions with respect to such
other officer or employee, by reason of any communication or
contact of such other officer or employee with any Member,
committee, or subcommittee of the Congress as described in
paragraph (1).
Sec. 507. The Office of Personnel Management may, during
the fiscal year ending September 30, 1998, and hereafter,
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. 508. 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. 509. 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. 510. (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. 511. If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label
bearing a ``Made in America'' inscription, or any inscription
with the same meaning, to any product sold in or shipped to
the United States that is not made in the United States, such
person shall be ineligible to receive any contract or
subcontract made with funds provided pursuant to this Act,
pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title
48, Code of Federal Regulations.
Sec. 512. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 1998 from appropriations
made available for salaries and expenses for fiscal year 1998
in this Act, shall remain available through September 30,
1999, 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: Provided further, That these
requests shall be made in compliance with the reprogramming
guidelines contained in the House and Senate reports
accompanying this Act.
Sec. 513. 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.
Sec. 514. Section 1 under the subheading ``General
Provision'' under the heading ``Office of Personnel
Management'' under title IV of the Treasury, Postal Service
and General Government Appropriations Act, 1992 (Public Law
102-141; 105 Stat. 861; 5 U.S.C. 5941 note), as amended by
section 532 of the Treasury, Postal Service and General
Government Appropriations Act, 1995 (Public Law 103-329; 108
Stat. 2413), and by section 5 under the heading ``General
Provisions--Office of Personnel Management'' under title IV
of the Treasury, Postal Service, and General Government
Appropriations Act, 1996 (Public Law 104-52; 109 Stat. 490),
is further amended by striking ``1998'' both places it
appears and inserting ``2000''.
Sec. 515. Notwithstanding any provision of chapter 89 of
title 5, United States Code, the Office of Personnel
Management shall enter into a contract with the National
Association of Postmasters of the United States (hereafter
referred to as the ``Association'') under section 8902 of
such title, if--
(1) the Association fulfills all terms and conditions (not
related to such withdrawal from participation) of a qualified
carrier under such chapter;
(2) the plan offered by the Association fulfills all terms
and conditions (not related to such withdrawal from
participation) of an approved health benefits plan;
(3) prior to May 31, 1998, the Association submits a plan
to the Office of Personnel Management for approval as an
approved health benefits plan; and
(4) the Association enters into an agreement with an
underwriting subcontractor licensed to issue group health
insurance.
[[Page S7800]]
TITLE VI--GENERAL PROVISIONS
Departments, Agencies, and Corporations
Sec. 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 1998 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 qualifies 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 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 a 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, including
Federal records disposed of pursuant to a records schedule
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. No part of any appropriation contained in this or
any other Act shall be available for interagency financing of
boards (except Federal Executive 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. 612. Funds made available by this or any other Act to
the Postal Service Fund (39 U.S.C. 2003) shall be available
for employment of guards for all buildings and areas owned or
occupied by the Postal Service and under the charge and
control of the Postal Service, and such guards shall have,
with respect to such property, the powers of special
policemen provided by the first section of the Act of June 1,
1948, as amended (62 Stat. 281; 40 U.S.C. 318), and, as to
property owned or occupied by the Postal Service, the
Postmaster General may take the same actions as the
Administrator of General Services may take under the
provisions of sections 2 and 3 of the Act of June 1, 1948, as
amended (62 Stat. 281; 40 U.S.C. 318a, 318b), attaching
thereto penal consequences under the authority and within the
limits provided in section 4 of the Act of June 1, 1948, as
amended (62 Stat. 281; 40 U.S.C. 318c).
Sec. 613. 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. 614. (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, 1998, 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, 1997,
until the normal effective date of the applicable wage survey
adjustment that is to take effect in fiscal year 1998, 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 1998, 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
1998 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 1998 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 1997
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
[[Page S7801]]
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, 1997, 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, 1997,
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, 1997.
(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. 615. 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. 616. Notwithstanding any other provision of law, no
executive branch agency shall purchase, construct, and/or
lease any additional facilities, except within or contiguous
to existing locations, to be used for the purpose of
conducting Federal law enforcement training without the
advance approval of the House and Senate Committees on
Appropriations.
Sec. 617. Notwithstanding section 1346 of title 31, United
States Code, or section 611 of this Act, funds made available
for fiscal year 1998 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. 618. (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. 619. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 1998 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. 620. 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. 621. 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. 622. (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. 623. No funds appropriated in this or any other Act
for fiscal year 1998 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. 624. 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. 625. (a) In General.--No later than September 30,
1998, the Director of the Office of Management and Budget
shall submit to the Congress a report that provides--
(1) estimates of the total annual costs and benefits of
Federal regulatory programs, including quantitative and
nonquantitative measures of regulatory costs and benefits;
[[Page S7802]]
(2) estimates of the costs and benefits (including
quantitative and nonquantitative measures) of each rule that
is likely to have a gross annual effect on the economy of
$100,000,000 or more in increased costs;
(3) an assessment of the direct and indirect impacts of
Federal rules on the private sector, State and local
government, and the Federal Government; and
(4) recommendations from the Director and a description of
significant public comments to reform or eliminate any
Federal regulatory program or program element that is
inefficient, ineffective, or is not a sound use of the
Nation's resources.
(b) Notice.--The Director shall provide public notice and
an opportunity to comment on the report under subsection (a)
before the report is issued in final form.
Sec. 626. None of the funds appropriated by this Act or any
other Act, may be used by an agency to provide a Federal
employee's home address to any labor organization except when
it is made known to the Federal official having authority to
obligate or expend such funds that the employee has
authorized such disclosure or that such disclosure has been
ordered by a court of competent jurisdiction.
Sec. 627. None of the funds made available in this Act or
any other 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. 628. No part of any appropriation contained in this or
any other Act shall be used for publicity or propaganda
purposes within the United States not heretofore authorized
by the Congress.
Sec. 629. None of the funds appropriated in this or any
other Act shall be used to acquire information technologies
which do not comply with part 39.106 (Year 2000 compliance)
of the Federal Acquisition Regulation, unless an agency's
Chief Information Officer determines that non-compliance with
part 39.106 is necessary to the function and operation of the
requesting agency or the acquisition is required by a signed
contract with the agency in effect before the date of
enactment of this Act. Any waiver granted by the Chief
Information Officer shall be reported to the Office of
Management and Budget, and copies shall be provided to
Congress.
Sec. 630. Section 5118(d)(2) of title 31, United States
Code, is amended by striking ``This paragraph shall'' and all
that follows through the end of the paragraph.
Sec. 631. The Director of the Office of Management and
Budget shall create and implement no later than October 1,
1997 a budget object classification which shall record
obligations for the expenses of employee relocation. All
obligations incident to an employee's relocation authorized
under either chapter 57 of title 5, United States Code, or
section 901, title I, Public Law 96-465, as amended, shall be
classified to such object classification.
Sec. 632. 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 pay
to any employee unless such employee actually performed work
during the time corresponding to such premium pay.
Sec. 633. (a) Special Postage Stamps.--In order to afford
the public a convenient way to contribute to funding for
breast-cancer research, the United States Postal Service
shall establish a special rate of postage for first-class
mail under this section.
(b) Higher Rate.--The rate of postage established under
this section--
(1) shall be 1 cent higher than the rate that would
otherwise apply;
(2) may be established without regard to any procedures
under chapter 36 of title 39, United States Code, and
notwithstanding any other provision of law; and
(3) shall be offered as an alternative to the rate that
would otherwise apply.
The use of the rate of postage established under this section
shall be voluntary on the part of postal patrons.
(c) Use of Funds.--
(1) In general.--
(A) Payments.--The amounts attributable to the 1-cent
differential established under this section shall be paid by
the United States Postal Service to the Department of Health
and Human Services.
(B) Use.--Amounts paid under subparagraph (A) shall be used
for breast-cancer research and related activities to carry
out the purposes of this section.
(C) Frequency of payments.--Payments under subparagraph (A)
shall be paid to the Department of Health and Human Services
no less than twice in each calendar year.
(2) Amounts attributable to the 1-cent differential.--For
purposes of this subsection, the term ``amounts attributable
to the 1-cent differential established under this section''
means, as determined by the United States Postal Service
under regulations that it shall prescribe--
(A) the total amount of revenues received by the United
States Postal Service that it would not have received but for
the enactment of this section, reduced by
(B) an amount sufficient to cover reasonable administrative
and other costs of the United States Postal Service
attributable to carrying out this section.
(d) Special Postage Stamps.--The United States Postal
Service may provide for the design and sale of special
postage stamps to carry out this section.
(e) Sense of Congress.--It is the sense of the Congress
that--
(1) nothing in this section should directly or indirectly
cause a net decrease in total funds received by the
Department of Health and Human Services or any other agency
or instrumentality of the Government (or any component or
other aspect thereof) below the level that would otherwise
have been anticipated absent this section; and
(2) nothing in this section should affect regular first-
class rates or any other regular rate of postage.
(f) Annual Reports.--The Postmaster General shall include
in each annual report rendered under section 2402 of title
39, United States Code, information concerning the operation
of this section.
Sec. 634. Judicial Salaries. (a) Judicial Cost-of-Living
Adjustments.--Section 461(a) of title 28, United States Code,
is amended to read as follows:
``(a) Effective on the same date that the rates of basic
pay under the General Schedule are adjusted pursuant to
section 5303 of title 5, each salary rate which is subject to
adjustment under this section shall be adjusted by the same
percentage amount as provided for under section 5303 of title
5, rounded to the nearest multiple of $100 (or if midway
between multiples of $100, to the next higher multiple of
$100).''.
(b) Automatic Adjustments Without Congressional Action.--
Section 140 of the resolution entitled ``A Joint Resolution
making further continuing appropriations for the fiscal year
1982, and for other purposes.'', approved December 15, 1981
(Public Law 97-92; 95 Stat. 1200; 28 U.S.C. 461 note) is
repealed.
Sec. 635. Limitation on the Use of Funds to Provide for
Federal Agencies to Furnish Commercially Available Property
or Services to Other Federal Agencies. (a) Except as provided
in subsection (b), none of the funds appropriated by this or
any other Act may be used by the Office of Management and
Budget, or any other agency, to publish, promulgate, or
enforce any policy, regulation, or circular, or any rule or
authority in any other form, that would permit any Federal
agency to provide a commercially available property or
service to any other department or agency of Government
unless the policy, regulation, circular, or other rule or
authority meets the requirements prescribed under subsection
(b).
(b)(1) Not later than 120 days after the date of the
enactment of this Act, the Director of the Office of
Management and Budget shall prescribe regulations applicable
to any policy regulation, circular, or other rule or
authority referred to in subsection (a).
(2) the requirements prescribed under paragraph (1) shall
include the following--
(A) a requirement for a comparison between the cost of
providing the property or service concerned through the
agency concerned and the cost of providing such property or
service through the private sector;
(B) a requirement for cost and performance benchmarks
relating to the property or service provided relative to
comparable services provided by other Government agencies and
contractors in order to permit effective oversight of the
cost and provision of such property or service by the agency
concerned or the Office of Management and Budget;
(C) the regulation would not apply to contingency
operations associated with national security or a national
emergency; and
(D) the regulation would not apply if the goods are to be
produced or services are to be performed by a private sector
source at a Government-owned facility that is operated by the
private sector source.
Sec. 636. Section 302(g)(1) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 432(g)(1)) is amended--
(1) by striking ``and'' after ``Senator,''; and
(2) by inserting after ``candidate,'' the following: ``and
by the Republican and Democratic Senatorial Campaign
Committees''.
Sec. 637. Notwithstanding any other provision of law, no
adjustment shall be made under section 601(a) of the
Legislative Reorganization Act of 1946 (2 U.S.C. 31)
(relating to cost-of-living adjustments for Members of
Congress) during fiscal year 1998.
Sec. 638. Sense of the Senate Regarding Imports of Fish
Taken or Retained in a Manner Inconsistent with
Recommendations of the International Commission for the
Conservation of Atlantic Tunas. (a) It is the sense of the
Senate that the United States, as a signatory to the
International Convention for the Conservation of Atlantic
Tunas, should implement as fully as possible the
recommendations of the International Commission for the
Conservation of Atlantic Tunas (ICCAT).
(b) It is the sense of the Senate that fish taken and
retained in a manner and under circumstances that are
inconsistent with the recommendations of the ICCAT made
pursuant to article VIII of the Convention and adopted by the
Secretary of Commerce should be prohibited entry into the
United States.
Sec. 639. Prohibition of Computer Game Programs.--
(1) Definitions.--In this section, ``agency'' means agency
as defined under section 105 of title 5, United States Code.
(2) Removal of existing computer game programs.--Not later
180 days after the date of enactment of this Act, the head of
each agency shall take such actions as necessary to remove
any computer game program not required for the official
business of the agency from any agency computer equipment.
(3) Prohibition of installation of computer game
programs.--The head of each
[[Page S7803]]
agency shall prohibit the installation of any computer game
program not required for the official business of the agency
into any agency computer equipment.
(4) Prohibition of agency acceptance of computer equipment
with computer game programs.--
(A) Title III of the Federal Property and Administrative
Services Act of 1949 is amended by adding at the end the
following:
``SEC. 317. RESTRICTIONS ON CERTAIN INFORMATION TECHNOLOGY.
``(a) Definition.--In this section the term `information
technology' has the meaning given such term under section
5002(3) of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401).
``(b) In General.--The head of an executive agency may not
accept delivery of information technology that is loaded with
game programs not required for an official purpose under the
terms of the contract under which information technology is
delivered.
``(c) Waiver.--The head of an executive agency may waive
the application of this section with respect to any
particular procurement of information technology, if the head
of the agency--
``(1) conducts a cost-benefit analysis and determines that
the costs of compliance with this section outweighs the
benefits of compliance; and
``(2) submits a certification of such determination, with
supporting documentation to the Congress.''.
(B) The table of contents in section 2(b) of the Federal
Property and Administrative Services Act of 1949 is amended
by inserting after the item relating to section 316 the
following:
``Sec. 317. Restrictions on certain information technology.''.
(C) The amendments made by this section shall take effect
180 days after the date of enactment of this Act.
Sec. 640. (a) The congressional ethics committees shall
provide for voluntary reporting by Members of Congress on the
financial disclosure reports filed under title I of the
Ethics in Government Act of 1978 (5 U.S.C. App.) on such
Members' participation in--
(1) the Civil Service Retirement System under chapter 83 of
title 5, United States Code; and
(2) the Federal Employees Retirement System under chapter
84 of title 5, United States Code.
(b) In this section, the terms ``congressional ethics
committees'' and ``Members of Congress'' have the meanings
given such terms under section 109 of the Ethics in
Government Act of 1978 (5 U.S.C. App.).
(c) This section shall apply to fiscal year 1998 and each
fiscal year thereafter.
Sec. 641. (a) A Federal employee shall be separated from
service and barred from reemployment in the Federal service,
if--
(1) the employee is convicted of a violation or attempted
violation of section 201 of title 18, United States Code; and
(2) such violation or attempted violation related to
conduct prohibited under section 1010(a) of the Controlled
Substances Import and Export Act (21 U.S.C. 960(a)).
(b) This section shall apply during fiscal year 1998 and
each fiscal year thereafter.
Sec. 642. (a) Coordination of Counterdrug Intelligence
Centers and Activities.--(1) Not later than 120 days after
the date of enactment of this Act, the Director of the Office
of National Drug Control Policy shall submit to the
appropriate congressional committees a plan to improve
coordination, and eliminate unnecessary duplication, among
the counterdrug intelligence centers and counterdrug
activities of the Federal Government, including the centers
and activities of the following departments and agencies:
(A) The Department of Defense, including the Defense
Intelligence Agency.
(B) The Department of the Treasury, including the United
States Customs Service.
(C) The Central Intelligence Agency.
(D) The Coast Guard.
(E) The Drug Enforcement Administration.
(F) The Federal Bureau of Investigation.
(2) The purpose of the plan under paragraph (1) is to
maximize the effectiveness of the centers and activities
referred to in that paragraph in achieving the objectives of
the national drug control strategy. In order to maximize such
effectiveness, the plan shall--
(A) articulate clear and specific mission statements for
each counterdrug intelligence center and activity, including
the manner in which responsibility for counterdrug
intelligence activities will be allocated among the
counterdrug intelligence centers;
(B) specify the relationship between such centers;
(C) specify the means by which proper oversight of such
centers will be assured;
(D) specify the means by which counterdrug intelligence
will be forwarded effectively to all levels of officials
responsible for United States counterdrug policy; and
(E) specify mechanisms to ensure that State and local law
enforcement agencies are apprised of counterdrug intelligence
in a manner which--
(i) facilitates effective counterdrug activities by such
agencies; and
(ii) provides such agencies with the information necessary
to ensure the safety of officials of such agencies in their
counterdrug activities.
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The Committee on Foreign Relations, the Committee on
the Judiciary, and the Select Committee on Intelligence of
the Senate.
(2) The Committee on International Relations, the Committee
on the Judiciary, and the Permanent Select Committee on
Intelligence of the House of Representatives.
Sec. 643. Personal Allowance Parity Among NAFTA Parties.
(a) In General.--The United States Trade Representative and
the Secretary of the Treasury, in consultation with the
Secretary of Commerce, shall initiate discussions with
officials of the Governments of Mexico and Canada to achieve
parity in the duty-free personal allowance structure of the
United States, Mexico, and Canada.
(b) Report.--The United States Trade Representative and the
Secretary of the Treasury shall report to Congress within 90
days after the date of enactment of this Act on the progress
that is being made to correct any disparity between the
United States, Mexico, and Canada with respect to duty-free
personal allowances.
(c) Recommendations.--If parity with respect to duty-free
personal allowances between the United States, Mexico, and
Canada is not achieved within 180 days after the date of
enactment of this Act, the United States Trade Representative
and the Secretary of the Treasury shall submit
recommendations to Congress for appropriate legislation and
action.
Sec. 644. 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. 645. The provision of section 644 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.
This Act may be cited as the ``Treasury and General
Government Appropriations Act, 1998''.
Mr. CAMPBELL. Mr. President, I move to reconsider the vote.
Mr. DOMENICI. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. CAMPBELL. Mr. President, before yielding the floor, I wanted to
thank our hard working staff: Barbara Retzlaff, Tammy Perrin, Lula
Edwards, Frank Larkin, and Pat Raymond. And in particular I wanted to
thank our ranking member, Senator Kohl, for his advice and his
leadership on this bill.
With that, I yield the floor.
Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. BOND. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________