[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4539 Engrossed in House (EH)]
103d CONGRESS
2d Session
H. R. 4539
_______________________________________________________________________
AN ACT
Making appropriations for the Treasury Department, the United States
Postal Service, the Executive Office of the President, and certain
Independent Agencies, for the fiscal year ending September 30, 1995,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Treasury Department, the United States Postal
Service, the Executive Office of the President, and certain Independent
Agencies, for the fiscal year ending September 30, 1995, 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 $100,000 for official reception and
representation expenses, of which $75,000 is for such expenses of the
international affairs function of the Offices; not to exceed $3,101,000
to remain available until September 30, 1997, shall be available for
information technology modernization requirements; 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; not to
exceed $490,000, to remain available until September 30, 1997, for
repairs and improvements to the Main Treasury Building and Annex;
$105,150,000: Provided, That of the offsetting collections credited to
this account, $79,000 are permanently canceled.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, hire of passenger motor vehicles; not to exceed $2,000,000 for
official travel expenses; not to exceed $100,000 for unforeseen
emergencies of a confidential nature, to be allocated and expended
under the direction of the Inspector General of the Treasury;
$28,897,000.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; not to exceed $4,000 for
official reception and representation expenses; $18,280,000: Provided,
That of the offsetting collections credited to this account, $1,000 are
permanently canceled.
Treasury Forfeiture Fund
(limitation of availability of deposits)
For necessary expenses of the Treasury Forfeiture Fund, as
authorized by Public Law 102-393, not to exceed $15,000,000, to be
derived from deposits in the Fund.
Federal Law Enforcement Training Center
salaries and expenses
For necessary expenses of the Federal Law Enforcement Training
Center, as a bureau of the Department of the Treasury, including
materials and support costs of Federal law enforcement basic training;
purchase (not to exceed fifty-two for police-type use) and hire of
passenger motor vehicles; for expenses for student athletic and related
activities; uniforms without regard to the general purchase price
limitation for the current fiscal year; the conducting of and
participating in firearms matches and presentation of awards; for
public awareness and enhancing community support of law enforcement
training; not to exceed $9,000 for official reception and
representation expenses; room and board for student interns; and
services as authorized by 5 U.S.C. 3109: Provided, That the Center is
authorized to accept and use gifts of property, both real and personal,
and to accept services, for authorized purposes, including funding of a
gift of intrinsic value which shall be awarded annually by the Director
of the Center to the outstanding student who graduated from a basic
training program at the Center during the previous fiscal year, which
shall be funded only by gifts received through the Center's gift
authority: Provided further, That notwithstanding any other provision
of law, students attending training at any Federal Law Enforcement
Training Center site shall reside in on-Center or Center-provided
housing, insofar as available and in accordance with Center policy:
Provided further, That funds appropriated in this account shall be
available for training United States Postal Service law enforcement
personnel and Postal police officers, at the discretion of the
Director; State and local government law enforcement training on a
space-available basis; training of foreign law enforcement officials on
a space-available basis with reimbursement of actual costs to this
appropriation; training of private sector security officials on a
space-available basis with reimbursement of actual costs to this
appropriation; travel expenses of non-Federal personnel to attend State
and local course development meetings at the Center: Provided further,
That the Center is authorized to obligate funds in anticipation of
reimbursements from agencies receiving training at the Federal Law
Enforcement Training Center, except that total obligations at the end
of the fiscal year shall not exceed total budgetary resources available
at the end of the fiscal year: Provided further, That the Federal Law
Enforcement Training Center is authorized to provide short term medical
services for students undergoing training at the Center; $46,713,000,
of which $8,821,000 for materials and support costs of Federal law
enforcement basic training shall remain available until September 30,
1997.
acquisition, construction, improvements, and related expenses
For expansion of the Federal Law Enforcement Training Center, for
acquisition of necessary additional real property and facilities, and
for ongoing maintenance, facility improvements, and related expenses,
$9,815,000, to remain available until expended.
Financial Management Service
salaries and expenses
For necessary expenses of the Financial Management Service,
$185,389,000, of which not to exceed $13,459,000 shall remain available
until expended for systems modernization initiatives. In addition,
$90,000, to be derived from the Oil Spill Liability Trust Fund, to
reimburse the Service for administrative and personnel expenses for
financial management of the Fund, as authorized by section 1012 of
Public Law 101-380: Provided, That of the offsetting collections
credited to this account, $192,000 are permanently canceled.
Bureau of Alcohol, Tobacco and Firearms
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco and
Firearms, including purchase of not to exceed six hundred and fifty
vehicles for police-type use for replacement only and hire of passenger
motor vehicles; hire of aircraft; and services of expert witnesses at
such rates as may be determined by the Director; for payment of per
diem and/or subsistence allowances to employees where an assignment to
the National Response Team during the investigation of a bombing or
arson incident requires an employee to work 16 hours or more per day or
to remain overnight at his or her post of duty; not to exceed $10,000
for official reception and representation expenses; for training of
State and local law enforcement agencies with or without reimbursement;
provision of laboratory assistance to State and local agencies, with or
without reimbursement; of which $22,000,000 shall be available solely
for the enforcement of the Federal Alcohol Administration Act during
fiscal year 1995; $376,181,000, of which not to exceed $1,000,000 shall
be available for the payment of attorneys' fees as provided by 18
U.S.C. 924(d)(2); and of which $1,000,000 shall be available for the
equipping of any vessel, vehicle, equipment, or aircraft available for
official use by a State or local law enforcement agency if the
conveyance will be used in drug-related joint law enforcement
operations with the Bureau of Alcohol, Tobacco and Firearms and for the
payment of overtime salaries, travel, fuel, training, equipment, and
other similar costs of State and local law enforcement officers that
are incurred in joint operations with the Bureau of Alcohol, Tobacco
and Firearms: Provided, That none of the funds appropriated herein
shall be available to investigate or act upon applications for relief
from Federal firearms disabilities under 18 U.S.C. 925(c): Provided
further, That such funds shall be available to investigate and act upon
applications filed by corporations for relief from Federal firearms
disabilities under 18 U.S.C. section 925(c): Provided further, That no
funds made available by this or any other Act may be used to implement
any reorganization of the Bureau of Alcohol, Tobacco and Firearms or
transfer of the Bureau's functions, missions, or activities to other
agencies or Departments in the fiscal year ending on September 30,
1995: 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, That of
the offsetting collections credited to this account, $4,000 are
permanently canceled.
United States Customs Service
salaries and expenses
For necessary expenses of the United States Customs Service,
including purchase of up to 1,000 motor vehicles of which 960 are for
replacement only, including 990 for police-type use and commercial
operations; hire of motor vehicles; not to exceed $20,000 for official
reception and representation expenses; and awards of compensation to
informers, as authorized by any Act enforced by the United States
Customs Service; $1,391,700,000, of which such sums as become available
in the Customs User Fee Account, except sums subject to section
13031(f)(3) of the Consolidated Omnibus Reconciliation Act of 1985, as
amended (19 U.S.C. 58c(f)(3)), shall be derived from that Account; of
the total, not to exceed $150,000 shall be available for payment for
rental space in connection with preclearance operations, and not to
exceed $4,000,000 shall be available until expended for research:
Provided, That uniforms may be purchased without regard to the general
purchase price limitation for the current fiscal year: Provided
further, That $750,000 shall be available for additional part-time and
temporary positions in the Honolulu Customs District: Provided further,
That $10,000,000 shall be available for the Center for Study of Western
Hemispheric Trade as authorized by Public Law 103-182: Provided
further, That of the offsetting collections credited to this account,
$410,000 are permanently canceled.
operation and maintenance, air and marine interdiction programs
For expenses, not otherwise provided for, necessary for the
operation and maintenance of marine vessels, aircraft, and other
related equipment of the Air and Marine Programs, including operational
training and mission-related travel, and rental payments for facilities
occupied by the air or marine interdiction and demand reduction
programs; $78,991,000, of which $7,233,000 shall remain available until
September 30, 1997.
customs services at small airports
(to be derived from fees collected)
Such sums as may be necessary, not to exceed $1,406,000, for
expenses for the provision of Customs services at certain small
airports or other facilities when authorized by law and designated by
the Secretary of the Treasury, including expenditures for the salary
and expenses of individuals employed to provide such services, to be
derived from fees collected by the Secretary of the Treasury pursuant
to section 236 of Public Law 98-573 for each of these airports or other
facilities when authorized by law and designated by the Secretary of
the Treasury, and to remain available until expended.
United States Mint
salaries and expenses
For necessary expenses of the United States Mint; $54,770,000, of
which $1,540,000 shall remain available until September 30, 1997, for
expansion and improvements.
Bureau of the Public Debt
administering the public debt
For necessary expenses connected with any public-debt issues of the
United States; $183,458,000: Provided, That in fiscal year 1995 and
thereafter, the Secretary is authorized to collect fees of not less
than $46 for each definitive security issue provided to customers, and
an annual maintenance fee of not less than $25 for each Treasury Direct
Investor Account exceeding $100,000 in par value: Provided further,
That in fiscal year 1995 and thereafter, of the definitive security
fees collected, not to exceed $600,000, and of the annual maintenance
fees for Treasury Direct Investor Account collected, not to exceed
$2,500,000, shall be retained and used in the current fiscal year for
the specific purpose of offsetting costs of Bureau of the Public Debt's
marketable security activities, and any fees collected in excess of
said amounts shall be deposited as miscellaneous receipts in the
Treasury: Provided further, That the sum appropriated herein from the
General Fund for fiscal year 1995 shall be reduced by not more than
$600,000 as definitive security issue fees are collected and not more
than $2,500,000 as Treasury Direct Investor Account Maintenance fees
are collected, so as to result in a final fiscal year 1995
appropriation from the General Fund estimated at $180,358,000.
payment of government losses in shipment
Beginning in fiscal year 1995 and thereafter, there are
appropriated such sums as may be necessary to make payments for the
replacement of valuables, or the value thereof, lost, destroyed, or
damaged in the course of shipments effected pursuant to section 1 of
the Government Losses in Shipment Act, as amended.
Internal Revenue Service
administration and management
For necessary expenses of the Internal Revenue Service, not
otherwise provided for; management services, and inspection; including
purchase (not to exceed 125 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; $225,632,000, of which not to exceed $25,000 for
official reception and representation expenses.
processing tax returns and assistance
For necessary expenses of the Internal Revenue Service, not
otherwise provided for; including processing tax returns; revenue
accounting; providing assistance to taxpayers; 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;
$1,616,295,000, of which $3,500,000 shall be for the Tax Counseling for
the Elderly Program, no amount of which shall be available for IRS
administrative costs.
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 600, of which not to exceed 450 shall be for replacement only),
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: Provided, That additional amounts above fiscal year
1994 levels for international tax enforcement shall be used for the
continued operation of a task force comprised of senior Internal
Revenue Service Attorneys, accountants, and economists dedicated to
enforcement activities related to United States subsidiaries of
foreign-controlled corporations that are in non-compliance with the
Internal Revenue Code of 1986; $4,412,580,000, of which not to exceed
$1,000,000 shall remain available until September 30, 1997.
information systems
For necessary expenses for data processing and telecommunications
support for Internal Revenue Service activities, including: tax systems
modernization (modernized developmental systems), modernized
operational systems, services and compliance, and support systems; and
for the hire of passenger motor vehicles (31 U.S.C. 1343(b)); and
services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner: $1,240,357,000 of which $185,000,000
shall remain available until September 30, 1997: Provided, That none of
the funds appropriated for tax systems modernization may be obligated
until the Commissioner of the Internal Revenue Service reports to the
Committees on Appropriations of the House and Senate on the
implementation of Tax Systems Modernization.
administrative provisions--internal revenue service
Section 1. Not to exceed 4 per centum of any appropriation made
available to the Internal Revenue Service for the current fiscal year
by this Act may be transferred to any other Internal Revenue Service
appropriation upon the approval of the House and Senate Committees on
Appropriations.
Sec. 2. The Internal Revenue Service shall institute and maintain a
training program to insure that Internal Revenue Service employees are
trained in taxpayers' rights, in dealing courteously with the
taxpayers, and in cross-cultural relations.
United States Secret Service
salaries and expenses
For necessary expenses of the United States Secret Service,
including purchase (not to exceed three hundred and forty-three
vehicles for police-type use for replacement only) and hire of
passenger motor vehicles; hire of aircraft; training and assistance
requested by State and local governments, which may be provided without
reimbursement; services of expert witnesses at such rates as may be
determined by the Director; rental of buildings in the District of
Columbia, and fencing, lighting, guard booths, and other facilities on
private or other property not in Government ownership or control, as
may be necessary to perform protective functions; for payment of per
diem and/or subsistence allowances to employees where a protective
assignment during the actual day or days of the visit of a protectee
require an employee to work 16 hours per day or to remain overnight at
his or her post of duty; the conducting of and participating in
firearms matches; presentation of awards; and for travel of Secret
Service employees on protective missions without regard to the
limitations on such expenditures in this or any other Act: Provided,
That approval is obtained in advance from the House and Senate
Committees on Appropriations; for repairs, alterations, and minor
construction at the James J. Rowley Secret Service Training Center; for
research and development; for making grants to conduct behavioral
research in support of protective research and operations; not to
exceed $12,500 for official reception and representation expenses; not
to exceed $50,000 to provide technical assistance and equipment to
foreign law enforcement organizations in counterfeit investigations;
for payment in advance for commercial accommodations as may be
necessary to perform protective functions; and for uniforms without
regard to the general purchase price limitation for the current fiscal
year; $476,931,000: Provided further, That of the offsetting
collections credited to this account, $43,000 are permanently canceled.
General Provisions--Department of the Treasury
Section 101. Of the funds appropriated by this or any other Act to
the Internal Revenue Service, amounts attributable to efficiency
savings for fiscal year 1995 shall be identified as such by the
Commissioner during that fiscal year: Provided, That in the fiscal year
when the savings are realized, the amount of efficiency savings shall
be non-recurred from the Internal Revenue Service budget base: Provided
further, That on an annual basis, the Internal Revenue Service shall
report to the House and Senate Appropriations Committees on the status
of the program.
Sec. 102. 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, 1995, shall be made in compliance with the
reprogramming guidelines contained in the House and Senate reports
accompanying this Act.
Sec. 103. Appropriations to the Treasury Department in this Act
shall be available for uniforms or allowances therefor, as authorized
by law (5 U.S.C. 5901), including maintenance, repairs, and cleaning;
purchase of insurance for official motor vehicles operated in foreign
countries; purchase of motor vehicles without regard to the general
purchase price limitation for vehicles purchased and used overseas for
the current fiscal year; entering into contracts with the Department of
State for the furnishing of health and medical services to employees
and their dependents serving in foreign countries; and services
authorized by 5 U.S.C. 3109.
Sec. 104. Not to exceed 2 per centum of any appropriations in this
Act for the Department of the Treasury may be transferred between such
appropriations. Notwithstanding any authority to transfer funds between
appropriations contained in this or any other Act, no transfer may
increase or decrease any appropriation in this Act by more than 2 per
centum and any such proposed transfers shall be approved in advance by
the Committees on Appropriations of the House and Senate.
Sec. 105. Notwithstanding any other provision of law, beginning in
fiscal year 1995 and thereafter, the Financial Management Service (FMS)
shall be reimbursed, for postage incurred by FMS to make check payments
on their behalf, by: the Department of Veterans Affairs, for the
mailing of Compensation and Pension benefit payments; the Department of
Health and Human Services, for the mailing of Supplemental Security
Income payments; and the Office of Personnel Management, for the
mailing of Retirement payments. Such reimbursement shall be due
beginning with checks mailed on October 1, 1994, and such reimbursement
shall occur on a monthly basis.
Sec. 106. (a) Of the budgetary resources available to the
Department of the Treasury during fiscal year 1995, $33,437,000 are
permanently canceled.
(b) The Secretary of the Treasury shall allocate the amount of
budgetary resources canceled among the Department's accounts available
for procurement and procurement-related expenses. Amounts available for
procurement and procurement-related expenses in each such account shall
be reduced by the amount allocated to such account.
(c) For the purposes of this section, the definition of
``procurement'' includes all stages of the process of acquiring
property or services, beginning with the process of determining a need
for a product or services and ending with contract completion and
closeout, as specified in 41 U.S.C. 403(2).
Sec. 107. 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 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. 108. The Internal Revenue Service shall institute policies and
procedures which will safeguard the confidentiality of taxpayer
information.
Sec. 109. The funds provided to the Bureau of Alcohol, Tobacco and
Firearms for fiscal year 1995 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.
This title may be cited as the ``Treasury Department Appropriations
Act, 1995''.
TITLE II--POSTAL SERVICE
Payments to the Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone on free
and reduced rate mail, pursuant to subsections (c) and (d) of section
2401 of title 39, United States Code; $85,717,000: Provided, That mail
for overseas voting and mail for the blind shall continue to be free:
Provided further, That six-day delivery and rural delivery of mail
shall continue at not less than the 1983 level: Provided further, That
none of the funds made available to the Postal Service by this Act
shall be used to implement any rule, regulation, or policy of charging
any officer or employee of any State or local child support enforcement
agency, or any individual participating in a State or local program of
child support enforcement, a fee for information requested or provided
concerning an address of a postal customer: Provided further, That none
of the funds provided in this Act shall be used to consolidate or close
small rural and other small post offices in the fiscal year ending on
September 30, 1995.
Payment to the Postal Service Fund for Nonfunded Liabilities
For payment to the Postal Service Fund for meeting the liabilities
of the former Post Office Department to the Employees' Compensation
Fund pursuant to 39 U.S.C. 2004, $37,776,000.
This title may be cited as the ``Postal Service Appropriations Act,
1995''.
TITLE III--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO
THE PRESIDENT
Compensation of the President
For compensation of the President, including an expense allowance
at the rate of $50,000 per annum as authorized by 3 U.S.C. 102;
$250,000: Provided, That none of the funds made available for official
expenses shall be expended for any other purpose and any unused amount
shall revert to the Treasury pursuant to section 1552 of title 31 of
the United States Code: Provided further, That none of the funds made
available for official expenses shall be considered as taxable to the
President.
The White House Office
salaries and expenses
For necessary expenses for the White House as authorized by law,
including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105; including subsistence expenses as
authorized by 3 U.S.C. 105, which shall be expended and accounted for
as provided in that section; hire of passenger motor vehicles,
newspapers, periodicals, teletype news service, and travel (not to
exceed $100,000 to be expended and accounted for as provided by 3
U.S.C. 103); not to exceed $19,000 for official entertainment expenses,
to be available for allocation within the Executive Office of the
President; $38,754,000.
Executive Residence at the White House
operating expenses
For the care, maintenance, repair and alteration, refurnishing,
improvement, heating and lighting, including electric power and
fixtures, of the Executive Residence at the White House and official
entertainment expenses of the President; $7,827,000, to be expended and
accounted for as provided by 3 U.S.C. 105, 109-110, 112-114.
Official Residence of the Vice President
operating expenses
For the care, operation, refurnishing, improvement, heating and
lighting, including electric power and fixtures, of the official
residence of the Vice President, the hire of passenger motor vehicles,
and not to exceed $90,000 for official entertainment expenses of the
Vice President, to be accounted for solely on his certificate;
$324,000: Provided, That advances or repayments or transfers from this
appropriation may be made to any department or agency for expenses of
carrying out such activities.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions, services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
including subsistence expenses as authorized by 3 U.S.C. 106, which
shall be expended and accounted for as provided in that section; and
hire of passenger motor vehicles; $3,270,000.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council in carrying out its functions
under the Employment Act of 1946 (15 U.S.C. 1021), including not to
exceed $2,500 for official reception and representation expenses;
$3,420,000.
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;
$5,058,000.
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;
$24,850,000, including services as authorized by 5 U.S.C. 3109 and 3
U.S.C. 107, and hire of passenger motor vehicles: Provided, That of the
budgetary resources available in fiscal year 1995 in this account,
$117,000 are permanently canceled: Provided further, That amounts
available for procurement and procurement-related expenses in this
account are reduced by such amount: Provided further, That as used
herein, ``procurement'' includes all stages of the process of acquiring
property or services, beginning with the process of determining a need
for a product or services and ending with contract completion and
closeout, as specified in 41 U.S.C. 403(2).
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; $56,272,000, of which not to exceed $5,000,000, shall be
available to carry out the provisions of 44 U.S.C. chapter 35:
Provided, That, as provided in 31 U.S.C. 1301(a), appropriations shall
be applied only to the objects for which appropriations were made
except as otherwise provided by law: Provided further, That none of the
funds appropriated in this Act for the Office of Management and Budget
may be used for the purpose of reviewing any agricultural marketing
orders or any activities or regulations under the provisions of the
Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.):
Provided further, That none of the funds made available for the Office
of Management and Budget by this Act may be expended for the altering
of the transcript of actual testimony of witnesses, except for
testimony of officials of the Office of Management and Budget, before
the Committee on Appropriations or the Committee on Veterans' Affairs
or their subcommittees: Provided further, That this proviso shall not
apply to printed hearings released by the Committee on Appropriations
or the Committee on Veterans' Affairs.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to title I of Public Law 100-
690; not to exceed $8,000 for official reception and representation
expenses; for participation in joint projects or in the provision of
services on matters of mutual interest with nonprofit, research, or
public organizations or agencies, with or without reimbursement;
$9,942,000: Provided, That the Office is authorized to accept, hold,
administer, and utilize gifts, both real and personal, for the purpose
of aiding or facilitating the work of the Office.
Unanticipated Needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest, security,
or defense which may arise at home or abroad during the current fiscal
year; $1,000,000.
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, $98,000,000,
for drug control activities consistent with the approved strategy for
each of the designated High Intensity Drug Trafficking Areas, of which
no less than $55,000,000 shall be transferred to State and local
entities for drug control activities; and of which up to $43,000,000
may be transferred to Federal agencies and departments at a rate to be
determined by the Director.
special forfeiture fund
(including transfer of funds)
For activities authorized by Public Law 100-690, $14,800,000, which
shall be derived from deposits in the Special Forfeiture Fund; of which
$1,800,000 shall be transferred to the Drug Enforcement Administration
for the El Paso Intelligence Center, of which $8,000,000, to remain
available until expended, shall be transferred to the Counter-Drug
Technology Assessment Center for counternarcotics research and
development projects and shall be available for transfer to other
Federal departments or agencies.
This title may be cited as the ``Executive Office Appropriations
Act, 1995''.
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; $1,682,000.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, as amended; $23,564,000, of which not to
exceed $5,000 shall be available for reception and representation
expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the Federal Labor
Relations Authority, pursuant to Reorganization Plan Numbered 2 of
1978, and the Civil Service Reform Act of 1978, including services as
authorized by 5 U.S.C. 3109, including hire of experts and consultants,
hire of passenger motor vehicles, rental of conference rooms in the
District of Columbia and elsewhere; $21,341,000: Provided, That public
members of the Federal Service Impasses Panel may be paid travel
expenses and per diem in lieu of subsistence as authorized by law (5
U.S.C. 5703) for persons employed intermittently in the Government
service, and compensation as authorized by 5 U.S.C. 3109: Provided
further, That notwithstanding 31 U.S.C. 3302, funds received from fees
charged to non-Federal participants at labor-management relations
conferences shall be credited to and merged with this account, to be
available without further appropriation for the costs of carrying out
these conferences.
General Services Administration
Federal Buildings Fund
limitations on availability of revenue
For additional expenses necessary to carry out the purpose of the
Fund established pursuant to section 210(f) of the Federal Property and
Administrative Services Act of 1949, as amended (40 U.S.C. 490(f)),
$361,615,520, to be deposited into said Fund. The revenues and
collections deposited into the Fund shall be available for necessary
expenses of real property management and related activities not
otherwise provided for, including operation, maintenance, and
protection of Federally owned and leased buildings; rental of buildings
in the District of Columbia; restoration of leased premises; moving
governmental agencies (including space adjustments and
telecommunications relocation expenses) in connection with the
assignment, allocation and transfer of space; contractual services
incident to cleaning or servicing buildings, and moving; repair and
alteration of federally owned buildings including grounds, approaches
and appurtenances; care and safeguarding of sites; maintenance,
preservation, demolition, and equipment; acquisition of buildings and
sites by purchase, condemnation, or as otherwise authorized by law;
acquisition of options to purchase buildings and sites; conversion and
extension of Federally owned buildings; preliminary planning and design
of projects by contract or otherwise; construction of new buildings
(including equipment for such buildings); and payment of principal,
interest, taxes, and any other obligations for public buildings
acquired by installment purchase and purchase contract, in the
aggregate amount of $4,973,825,520, of which (1) not to exceed
$502,709,520 shall remain available until expended for construction of
additional projects at locations and at maximum construction
improvement costs (including funds for sites and expenses and
associated design and construction services) as follows:
New Construction:
Alabama:
Montgomery, Courthouse Annex, $40,547,000
Arizona:
Tucson, Courthouse, $11,506,540
California:
Santa Ana, Courthouse, $25,193,000
Colorado:
Lakewood, U.S. Geological Survey Laboratory/Building,
$25,802,000
Florida:
Jacksonville, Courthouse, $4,600,000
Orlando, Courthouse Annex, $7,260,560
Georgia:
Albany, Courthouse, $5,640,000
Savannah, Courthouse Annex, $5,261,180
Kentucky:
Covington, Courthouse, $2,914,000
London, Courthouse, $1,522,800
Louisiana:
Lafayette, Courthouse, $5,041,220
Montana:
Babb, Border Station, $333,000
Missouri:
Kansas City, Federal Building-Courthouse, $84,895,000
St. Louis, Courthouse, $176,863,000
North Dakota:
Pembina, Border Station, $11,113,000
Ohio:
Cleveland, Courthouse, $28,245,120
Steubenville, Courthouse, $2,820,000
Pennyslvania:
Erie, Courts Complex, $3,134,900
Tennessee:
Greeneville, Courthouse, $2,935,620
Texas:
Austin, VA Annex, $1,430,000
Brownsville, Federal Building-Courthouse, $5,979,340
Corpus Christi, Courthouse, $6,445,580
Laredo, Courthouse, $24,341,000
Virginia:
Charlottesville, U.S. Army Foreign Science & Technology
Center, $4,178,000
Washington:
Blaine, Border Station, $4,472,000
Oroville, Border Station, $1,483,000
Point Roberts, Border Station, $698,000
West Virginia:
Martinsburg, IRS Computer Center, $7,547,000
Non-prospectus construction projects, $126,000: Provided, That each
of the immediately foregoing limits of costs on new construction
projects may be exceeded to the extent that savings are effected in
other such projects, but not to exceed 10 per centum unless advanced
approval is obtained from the Committees on Appropriations of the House
and Senate of a greater amount: Provided further, That all funds for
direct construction projects shall expire on September 30, 1996, and
remain in the Federal Buildings Fund except funds for projects as to
which funds for design or other funds have been obligated in whole or
in part prior to such date: Provided further, That claims against the
Government of less than $250,000 arising from direct construction
projects, acquisitions of buildings and purchase contract projects
pursuant to Public Law 92-313, be liquidated with prior notification to
the Committees on Appropriations of the House and Senate to the extent
savings are effected in other such projects; (2) not to exceed
$815,268,000, which shall remain available until expended, for repairs
and alterations which, beginning with fiscal year 1995 and in
subsequent fiscal years, includes associated design and construction
services: Provided further, That funds in the Federal Buildings Fund
for Repairs and Alterations shall, for prospectus projects, be limited
to the amount by project as follows, except each project may be
increased by an amount not to exceed 10 per centum unless advance
approval is obtained from the Committees on Appropriations of the House
and Senate of a greater amount:
Repairs and Alterations:
California:
Los Angeles, U.S. Courthouse, $24,910,000
Menlo Park, USGS Building 3, $7,631,000
Sacramento, Federal Building, $16,574,000
San Pedro, Custom House, $5,429,000
Colorado:
Denver, Federal Building and Custom House, $8,896,000
District of Columbia:
Ariel Rios-Facades, $3,946,000
Customs/ICC/Connecting Wing Complex (phase 1), $9,662,000
National Courts, $4,588,000
Illinois:
Chicago, Federal Center, $52,982,000
Maryland:
Baltimore, George H. Fallon Federal Building (phase 3),
$17,179,000
Woodlawn, SSA East High-Low Rise Buildings, $19,212,000
New Jersey:
Trenton, Clarkson S. Fisher Courthouse, $15,675,000
New York:
Holtsville, IRS Service Center, $21,313,000
New York, Jacob K. Javits Federal Building, $2,891,000
New York, Silvio V. Mollo Federal Building, $963,000
North Carolina:
Asheville, Federal Building and U.S. Courthouse, $7,052,000
Ohio:
Cleveland, Anthony J. Celebreeze Federal Building,
$12,192,000
Oklahoma:
Oklahoma City, Alfred P. Murrah Federal Building,
$5,878,000
Pennsylvania:
Harrisburg, Federal Building and U.S. Courthouse,
$16,903,000
Philadelphia, Byrne-Green Complex, $34,028,000
Philadelphia, R.N.C. Nix, Sr., Federal Building and U.S.
Courthouse (phase 3), $14,730,000
Rhode Island:
Providence, Kennedy Plaza Federal Courthouse, $8,600,000
Texas:
Lubbock, Federal Building and U.S. Courthouse, $13,517,000
Virginia:
Richmond, U.S. Courthouse and Annex, $13,899,000
Washington:
Walla Walla, Corps of Engineers Building, $2,827,000
Nationwide:
Chlorofluorocarbons Program, $100,135,000
Energy Program, $50,803,000
Advance Design:
$21,685,000
Minor Repairs and Alterations, $301,168,000: Provided further, That
additional projects for which prospectuses have been fully approved may
be funded under this category only if advance approval is obtained from
the Committees on Appropriations of the House and Senate: Provided
further, That the difference between the funds appropriated and
expended on any projects in this or any prior Act, under the heading
``Repairs and Alterations'', may be transferred to Minor 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, 1996, and remain in
the Federal Buildings Fund except funds for projects as to which funds
for design or other funds have been obligated in whole or in part prior
to such date: Provided further, That the amount provided in this or any
prior Act for Minor Repairs and Alterations may be used to pay claims
against the Government arising from any projects under the heading
``Repairs and Alterations'' or used to fund authorized increases in
prospectus projects; (3) not to exceed $127,531,000 for installment
acquisition payments including payments on purchase contracts which
shall remain available until expended; (4) not to exceed $2,204,628,000
for rental of space which shall remain available until expended and (5)
not to exceed $1,323,689,000 for building operations which shall remain
available until expended of which $3,400,000 shall be available for
essential functional requirements for primary structural, electrical,
and security systems of the Bureau of Census, New Computer Center:
Provided further, That of the funds available to the General Services
Administration for the Albany, Georgia, Courthouse; Stuebenville, Ohio,
Courthouse; Corpus Christi, Texas, Courthouse; Providence, Rhode
Island, Kennedy Plaza Federal Courthouse; and the Walla Walla,
Washington, Corps of Engineers Building, shall not be available for
expenses in connection with any construction, repair, alteration, and
acquisition project for which a prospectus, if required by the Public
Buildings Act of 1959, as amended, has not been approved, except that
necessary funds may be expended for each project for required expenses
in connection with the development of a proposed prospectus: Provided
further, That 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 none of the
funds available to the General Services Administration, except for the
line-item construction and repairs and alterations projects in this Act
shall be available for expenses in connection with any construction,
repair and alteration, and acquisition project for which a prospectus,
if required by the Public Buildings Act of 1959, as amended, has not
been approved, except that necessary funds may be expended for each
project for required expenses in connection with the development of a
proposed prospectus: Provided further, That 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 1995, 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 $4,973,825,520 shall remain in
the Fund and shall not be available for expenditure except as
authorized in appropriations Acts.
Federal Buildings Fund
limitations on availability of revenue
(rescission)
Of the funds made available under this heading for new construction
in Public Law 103-123, the Independent Agencies Appropriations Act,
1994, $4,900,000 are rescinded for the following projects in the
following amounts:
Iowa:
Burlington, Federal Parking Facility, $2,400,000
Indiana:
Hammond, U.S. Courthouse, $2,500,000.
Of the funds made available under this heading for new construction
in Public Law 102-393, the Independent Agencies Appropriations Act,
1993, $24,295,000 are rescinded for the following projects in the
following amounts:
District of Columbia:
United States Secret Service, Headquarters, $13,958,000
White House Remote Delivery and Vehicle Maintenance
Facilities, $4,918,000
Federal Bureau of Investigation, Field Office, $4,419,000
Florida:
Hollywood, Federal Building, $1,000,000.
Of the funds made available under this heading for new construction
in Public Law 101-509, the Independent Agencies Appropriations Act,
1991, $30,100,000 are rescinded for the following project in the
following amount:
Maryland:
Prince George's County, Internal Revenue Service,
Headquarters, $30,100,000.
Of the funds made available under this heading for new construction
in Public Law 100-440, the Independent Agencies Appropriations Act,
1989, $4,400,000 is rescinded for the following project in the
following amount:
Florida:
Lakeland, Federal Building, $4,400,000.
Of the funds made available under this heading for repairs and
alterations in Public Law 103-123, the Independent Agencies
Appropriations Act, 1994, $4,715,000 are rescinded for the following
projects in the following amounts:
Arizona:
Lukeville, Commercial Lot Expansion, $1,219,000
San Luis, Primary lane expansion and administrative office
space, $3,496,000.
Of the funds made available under this heading for repairs and
alterations in Public Law 101-509, the Independent Agencies
Appropriations Act, 1991, $7,707,000 are rescinded for the following
projects in the following amounts:
New Mexico:
Santa Teresa, New Border Station, $6,000,000
Texas:
Del Rio, Border Station, $1,707,000.
Of the funds made available under this heading for repairs and
alterations in Public Law 101-136, the Independent Agencies
Appropriations Act, 1990, $2,088,000 are rescinded for the following
project in the following amount:
New Mexico:
Santa Teresa, New Border Station, $2,088,000.
operating expenses
For expenses authorized by law, not otherwise provided for,
necessary for asset management activities; utilization of excess and
disposal of surplus personal property; transportation management
activities; procurement and supply management activities; Government-
wide and internal responsibilities relating to automated data
management, telecommunications, information resources management, and
related activities; the Information Security Oversight Office
established pursuant to Executive Order No. 12356; the 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; $123,020,000: Provided, That of the offsetting
collections credited to this account, $172,000 are permanently
canceled.
Office of Inspector General
For necessary expenses of the Office of Inspector General and
services authorized by 5 U.S.C. 3109, $33,090,000: Provided, That not
to exceed $5,000 shall be available for payment for information and
detection of fraud against the Government, including payment for
recovery of stolen Government property: Provided further, That not to
exceed $2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of efforts and
initiatives resulting in enhanced Office of Inspector General
effectiveness.
Allowances and Office Staff for Former Presidents
For carrying out the provisions of the Act of August 25, 1958, as
amended (3 U.S.C. 102 note), and Public Law 95-138; $2,215,000:
Provided, That the Administrator of General Services shall transfer to
the Secretary of the Treasury such sums as may be necessary to carry
out the provisions of such Acts.
expenses of transportation audit contracts and contract administration
Amounts otherwise available for obligation in fiscal year 1995 are
reduced by $30,000.
general supply fund
Of the offsetting collections credited to this account, $1,009,000
are permanently canceled.
information resources management service information technology fund
Of the offsetting collections credited to this account, $609,000
are permanently canceled.
working capital fund
Amounts received for administrative support services provided under
this head shall be credited to and merged with the Fund, to remain
available until expended, for operating costs and capital outlays of
the Fund and for the necessary expenses of administrative support
services including accounting, budget, personnel, legal support and
other related services; and the maintenance and operation of printing
and reproduction facilities in support of the functions of the General
Services Administration, other Federal agencies, and other entities;
and other such administrative and management services that the
Administrator of GSA deems appropriate and advantageous (subject to
prior notice to the Office of Management and Budget): Provided, That
entities for which such services are performed shall be charged at
rates which will return in full the cost of operations.
General Services Administration--General Provisions
Section 1. The appropriate appropriation or fund available to the
General Services Administration shall be credited with the cost of
operation, protection, maintenance, upkeep, repair, and improvement,
included as part of rentals received from Government corporations
pursuant to law (40 U.S.C. 129).
Sec. 2. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 3. Not to exceed 2 per centum of funds made available in
appropriations for operating expenses and salaries and expenses, during
the current fiscal year, may be transferred between such appropriations
for mandatory program requirements. Any proposed transfers shall be
approved in advance by the Committees on Appropriations of the House
and Senate.
Sec. 4. Funds in the Federal Buildings Fund made available for
fiscal year 1995 for Federal Buildings Fund activities may be
transferred between such activities only to the extent necessary to
meet program requirements. Any proposed transfers shall be approved in
advance by the Committees on Appropriations of the House and Senate.
Sec. 5. (a) Of the budgetary resources available to the General
Services Administration during fiscal year 1995, $8,959,000 are
permanently canceled.
(b) The Administrator of the General Services Administration shall
allocate the amount of budgetary resources canceled among the agency's
accounts available for procurement and procurement-related expenses.
Amounts available for procurement and procurement-related expenses in
each such account shall be reduced by the amount allocated to such
account.
(c) For the purposes of this section, the definition of
``procurement'' includes all stages of the process of acquiring
property or services, beginning with the process of determining a need
for a product or services and ending with contract completion and
closeout, as specified in 41 U.S.C. 403(2).
Sec. 6. Rent rates charged by the General Services Administration
for fiscal year 1995 shall reflect the reductions contained in the
President's budget amendment dated March 16, 1994, Estimate No. 9,
103rd Congress, 2nd Session.
Sec. 7. None of the funds appropriated by this Act may be obligated
or expended in any way for the purpose of the sale, excessing,
surplusing, or disposal of lands in the vicinity of Norfolk Lake,
Arkansas, administered by the Corps of Engineers, Department of the
Army, without the specific approval of the Congress.
Sec. 8. None of the funds appropriated by this Act may be obligated
or expended in any way for the purpose of the sale, excessing,
surplusing, or disposal of lands in the vicinity of Bull Shoals Lake,
Arkansas, administered by the Corps of Engineers, Department of the
Army, without the specific approval of the Congress.
Sec. 9. No funds made available by this Act shall be used to
transmit a fiscal year 1996 request for United States Courthouse
construction that does not meet the standards for construction as
established by the General Services Administration and the Office of
Management and Budget.
Sec. 10. The Administrator of the General Services Administration
is directed to obligate the funds appropriated in Public Law 103-123
for the purposes stated in section 804 of that Act.
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, $24,549,000, together with not to
exceed $2,420,000 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 National Archives and
Records Administration 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, $194,638,000:
Provided, That the Archivist of the United States is authorized to use
any excess funds available from the amount borrowed for construction of
the National Archives facility, for expenses necessary to move into the
facility: Provided further, That of the budgetary resources available
in fiscal year 1995 in this account, $325,000 are permanently canceled:
Provided further, That amounts available for procurement and
procurement-related expenses in this account are reduced by such
amount: Provided further, That as used herein, ``procurement'' includes
all stages of the process of acquiring property or services, beginning
with the process of determining a need for a product or services and
ending with contract completion and closeout, as specified in 41 U.S.C.
403(2): Provided further, That of the offsetting collections credited
to this account, $441,000 are permanently canceled.
national historical publications and records commission
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, as amended,
$7,000,000 to remain available until expended: Provided, That
$2,000,000 shall be a grant to the Thomas P. O'Neill, Jr. Library.
john f. kennedy assassination records review board
salaries and expenses
For expenses necessary to carry out the John F. Kennedy
Assassination Records Collection Act of 1992, $2,418,000, to remain
available until expended.
national archives trust fund
Amounts otherwise available for obligation in fiscal year 1995 are
reduced by $16,000.
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; $8,104,000.
Office of Personnel Management
salaries and expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office of
Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978
and the Civil Service Reform Act of 1978, including services as
authorized by 5 U.S.C. 3109, medical examinations performed for
veterans by private physicians on a fee basis, rental of conference
rooms in the District of Columbia and elsewhere, hire of passenger
motor vehicles, not to exceed $2,500 for official reception and
representation expenses, and advances for reimbursements to applicable
funds of the Office of Personnel Management and the Federal Bureau of
Investigation for expenses incurred under Executive Order 10422 of
January 9, 1953, as amended; $115,139,000, and in addition $93,934,000
for administrative expenses, to be transferred from the appropriate
trust funds of the Office of Personnel Management without regard to
other statutes, including direct procurement of health benefits
printing, for the retirement and insurance programs, of which
$10,956,000 shall be transferred at such times as the Office of
Personnel Management deems appropriate, and shall remain available
until expended for the costs of automating the retirement recordkeeping
systems, together with remaining amounts authorized in previous Acts
for the recordkeeping systems: Provided, That the provisions of this
appropriation shall not affect the authority to use applicable trust
funds as provided by section 8348(a)(1)(B) of title 5, United States
Code: Provided further, That, except as may be consistent with 5 U.S.C.
8902a(f)(1) and (i), no payment may be made from the Employees Health
Benefits Fund to any physician, hospital, or other provider of health
care services or supplies who is, at the time such services or supplies
are provided to an individual covered under chapter 89 of title 5,
United States Code, excluded, pursuant to section 1128 or 1128A of the
Social Security Act (42 U.S.C. 1320a-7-1320a-7a), from participation in
any program under title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.): Provided further, That no part of this appropriation
shall be available for salaries and expenses of the Legal Examining
Unit of the Office of Personnel Management established pursuant to
Executive Order 9358 of July 1, 1943, or any successor unit of like
purpose: Provided further, That the President's Commission on White
House Fellows, established by Executive Order 11183 of October 3, 1964,
may, during the fiscal year ending September 30, 1995, 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; $4,009,000, and in addition, not to exceed $6,156,000
for administrative expenses to audit the Office of Personnel
Management's retirement and insurance programs, to be transferred from
the appropriate trust funds of the Office of Personnel Management, as
determined by the Inspector General: Provided, That the Inspector
General is authorized to rent conference rooms in the District of
Columbia and elsewhere.
government payment for annuitants, employees health benefits
For payment of Government contributions with respect to retired
employees, as authorized by chapter 89 of title 5, United States Code,
and the Retired Federal Employees Health Benefits Act (74 Stat. 849),
as amended, $4,210,560,000 to remain available until expended.
government payment for annuitants, employee life insurance
For payment of Government contributions with respect to employees
retiring after December 31, 1989, as required by chapter 87 of title 5,
United States Code, $19,159,000, to remain available until expended.
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.
revolving fund
Of the offsetting collections credited to this account, $649,000
are permanently canceled.
Office of Personnel Management
general provisions
Section 1. (a) Of the budgetary resources available to the Office
of Personnel Management during fiscal year 1995, $1,256,000 are
permanently canceled.
(b) The Director of the Office of Personnel Management shall
allocate the amount of budgetary resources canceled among the agency's
accounts available for procurement and procurement-related expenses.
Amounts available for procurement and procurement-related expenses in
each such account shall be reduced by the amount allocated to such
account.
(c) For the purposes of this section, the definition of
``procurement'' includes all stages of the process of acquiring
property or services, beginning with the process of determining a need
for a product or services and ending with contract completion and
closeout, as specified in 41 U.S.C. 403(2).
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), and the
Whistleblower Protection Act of 1989 (Public Law 101-12), including
services as authorized by 5 U.S.C. 3109, payment of fees and expenses
for witnesses, rental of conference rooms in the District of Columbia
and elsewhere, and hire of passenger motor vehicles; $7,955,000.
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109; $33,650,000: Provided, That
travel expenses of the judges shall be paid upon the written
certificate of the judge.
This title may be cited as the ``Independent Agencies
Appropriations Act, 1995''.
TITLE V--GENERAL PROVISIONS
This Act
Section 501. No part of any appropriation made available in this
Act shall be used for the purchase or sale of real estate or for the
purpose of establishing new offices inside or outside the District of
Columbia: Provided, That this limitation shall not apply to programs
which have been approved by the Congress and appropriations made
therefor.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or
under existing Executive Order issued pursuant to existing law.
Sec. 504. No part of any appropriation contained in this Act shall
be available for the procurement of, or for the payment of, the salary
of any person engaged in the procurement of any hand or measuring
tool(s) not produced in the United States or its possessions except to
the extent that the Administrator of General Services or his designee
shall determine that a satisfactory quality and sufficient quantity of
hand or measuring tools produced in the United States or its
possessions cannot be procured as and when needed from sources in the
United States and its possessions, or except in accordance with
procedures prescribed by section 6-104.4(b) of Armed Services
Procurement Regulation dated January 1, 1969, as such regulation
existed on June 15, 1970: Provided, That a factor of 75 per centum in
lieu of 50 per centum shall be used for evaluating foreign source end
products against a domestic source end product. This section shall be
applicable to all solicitations for bids opened after its enactment.
Sec. 505. None of the funds made available to the General Services
Administration pursuant to section 210(f) of the Federal Property and
Administrative Services Act of 1949 shall be obligated or expended
after the date of enactment of this Act for the procurement by contract
of any guard, elevator operator, messenger or custodial services if any
permanent veterans preference employee of the General Services
Administration at said date, would be terminated as a result of the
procurement of such services, except that such funds may be obligated
or expended for the procurement by contract of the covered services
with sheltered workshops employing the severely handicapped under
Public Law 92-28. Only if such workshops decline to contract for the
provision of the covered services may the General Services
Administration procure the services by competitive contract, for a
period not to exceed 5 years. At such time as such competitive contract
expires or is terminated for any reason, the General Services
Administration shall again offer to contract for the services from a
sheltered workshop prior to offering such services for competitive
procurement.
Sec. 506. 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. 507. None of the funds made available by this Act shall be
available for the purpose of transferring control over the Federal Law
Enforcement Training Center located at Glynco, Georgia, Tucson,
Arizona, and Artesia, New Mexico, out of the Treasury Department.
Sec. 508. 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. 509. No part of any appropriation contained in this Act shall
be available for the payment of the salary of any officer or employee
of the United States Postal Service, who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any officer or employee of the United
States Postal Service from having any direct oral or written
communication or contact with any Member or committee of
Congress in connection with any matter pertaining to the
employment of such officer or employee or pertaining to the
United States Postal Service in any way, irrespective of
whether such communication or contact is at the initiative of
such officer or employee or in response to the request or
inquiry of such Member or committee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance of
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any officer or employee of the
United States Postal Service, or attempts or threatens to
commit any of the foregoing actions with respect to such
officer or employee, by reason of any communication or contact
of such officer or employee with any Member or committee of
Congress as described in paragraph (1) of this subsection.
Sec. 510. Funds under this Act shall be available as authorized by
sections 4501-4506 of title 5, United States Code, when the achievement
involved is certified, or when an award for such achievement is
otherwise payable, in accordance with such sections. Such funds may not
be used for any purpose with respect to which the preceding sentence
relates beyond fiscal year 1995.
Sec. 511. None of the funds appropriated or otherwise made
available to the Department of the Treasury by this or any other Act
shall be obligated or expended to contract out positions in, or
downgrade the position classifications of, members of the United States
Mint Police Force and the Bureau of Engraving and Printing Police
Force, or for studying the feasibility of contracting out such
positions.
Sec. 512. The Office of Personnel Management may, during the fiscal
year ending September 30, 1994, accept donations of supplies, services,
land and equipment for the Federal Executive Institute, the Federal
Quality Institute, and Management Development Centers to assist in
enhancing the quality of Federal management.
Sec. 513. No part of any appropriation contained in this Act shall
be available for the procurement of, or for the payment of, the salary
of any person engaged in the procurement of stainless steel flatware
not produced in the United States or its possessions, except to the
extent that the Administrator of General Services or his designee shall
determine that a satisfactory quality and sufficient quantity of
stainless steel flatware produced in the United States or its
possessions, cannot be procured as and when needed from sources in the
United States or its possessions or except in accordance with
procedures provided by section 6-104.4(b) of Armed Services Procurement
Regulations, dated January 1, 1969. This section shall be applicable to
all solicitations for bids issued after its enactment.
Sec. 514. The United States Secret Service may, during the fiscal
year ending September 30, 1995, accept donations of money to off-set
costs incurred while protecting former Presidents and spouses of former
Presidents when the former President or spouse travels for the purpose
of making an appearance or speech for a payment of money or any thing
of value.
Sec. 515. None of the funds made available by this Act for
``Allowances and Office Staff for Former Presidents'' may be used for
partisan political activities.
Sec. 516. None of the funds made available by this Act may be used
to withdraw the designation of the Virginia Inland Port at Front Royal,
Virginia, as a United States Customs Service port of entry.
Sec. 517. Such sums as may be necessary for fiscal year 1995 pay
raises for programs funded by this Act shall be absorbed within the
levels appropriated by this Act.
Sec. 518. None of the funds made available to the Postal Service by
this Act shall be used to transfer mail processing capabilities from
the Las Cruces, New Mexico postal facility, and that every effort will
be made by the Postal Service to recognize the rapid rate of population
growth in Las Cruces and to automate the Las Cruces, New Mexico postal
facility in order that mail processing can be expedited and handled in
Las Cruces.
Sec. 519. None of the funds in this Act may be used to reduce the
rank or rate of pay of a career appointee in the SES upon reassignment
or transfer.
Sec. 520. No part of any appropriation contained in this Act shall
be available to pay the salary for any person filling a position, other
than a temporary position, formerly held by an employee who has left to
enter the Armed Forces of the United States and has satisfactorily
completed his period of active military or naval service and has within
ninety days after his release from such service or from hospitalization
continuing after discharge for a period of not more than one year made
application for restoration to his former position and has been
certified by the Office of Personnel Management as still qualified to
perform the duties of his former position and has not been restored
thereto.
Sec. 521. (a) None of the funds appropriated by this Act may, with
respect to an individual employed by the Bureau of the Public Debt in
the Washington Metropolitan Region on April 10, 1991, be used to
separate, reduce the grade or pay of, or carry out any other adverse
personnel action against such individual for declining to accept a
directed reassignment to a position outside such region, pursuant to a
transfer of any such Bureau's operations or functions to Parkersburg,
West Virginia.
(b) Subsection (a) shall not apply with respect to any individual
who, on or after the date of enactment of this Act, declines an offer
of another position in the Department of the Treasury which is of at
least equal pay and which is within the Washington Metropolitan Region.
Sec. 522. None of the funds made available in this Act may be used
to provide any non-public information such as mailing or telephone
lists to any person or any organization outside of the Federal
Government without the approval of the House and Senate Committees on
Appropriations.
Sec. 523. Compliance With Buy American Act.--No funds appropriated
pursuant to this Act may be expended by an entity unless the entity
agrees that in expending the assistance the entity will comply with
sections 2 through 4 of the Act of March 3, 1993 (41 U.S.C. 10a-10c,
popularly known as the ``Buy American Act'').
Sec. 524. Sense of Congress; Requirement Regarding Notice.--(a)
Purchase of American-Made Equipment and Products.--In the case of any
equipment or products that may be authorized to be purchased with
financial assistance provided under this Act, it is the sense of the
Congress that entities receiving such assistance should, in expending
the assistance, purchase only American-made equipment and products.
(b) Notice to Recipients of Assistance.--In providing financial
assistance under this Act, the Secretary of the Treasury shall provide
to each recipient of the assistance a notice describing the statement
made in subsection (a) by the Congress.
Sec. 525. Prohibition of Contracts.--If it has been finally
determined by a court or Federal agency that any person intentionally
affixed a label bearing a ``Made in America'' inscription, or any
inscription with the same meaning, to any product sold in or shipped to
the United States that is not made in the United States, such person
shall be ineligible to receive any contract or subcontract made with
funds provided pursuant to this Act, pursuant to the debarment,
suspension, and ineligibility procedures described in section 9.400
through 9.409 of title 48, Code of Federal Regulations.
Sec. 526. No funds appropriated by this Act may be used to relocate
any Federal agency, bureau, office or other entity funded in this Act
if the sole reason for the relocation is that locality pay was
increased.
Sec. 527. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 1995 from appropriations made available for salaries
and expenses for fiscal year 1995 in this Act, shall remain available
through September 30, 1996 for each such account for the purposes
authorized: Provided, That notice of the amounts available pursuant to
this section shall be given to the House and Senate Committees on
Appropriations: Provided further, That not to exceed 2 percent of the
funds so carried over may be used to pay cash awards to employees, as
authorized by law, and not to exceed 3 percent of the funds so carried
over may be used for employee training programs.
TITLE VI--GOVERNMENTWIDE GENERAL PROVISIONS
Departments, Agencies, and Corporations
Section 601. Funds appropriated in this or any other Act may be
used to pay travel to the United States for the immediate family of
employees serving abroad in cases of death or life threatening illness
of said employee.
Sec. 602. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 1995 shall obligate or expend any such funds, unless such
department, agency, or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to ensure that
all of its workplaces are free from the illegal use, possession, or
distribution of controlled substances (as defined in the Controlled
Substances Act) by the officers and employees of such department,
agency, or instrumentality.
Sec. 603. Notwithstanding 31 U.S.C. 1345, any agency, department or
instrumentality of the United States which provides or proposes to
provide child care services for Federal employees may reimburse any
Federal employee or any person employed to provide such services for
travel, transportation, and subsistence expenses incurred for training
classes, conferences or other meetings in connection with the provision
of such services: Provided, That any per diem allowance made pursuant
to this section shall not exceed the rate specified in regulations
prescribed pursuant to section 5707 of title 5, United States Code.
Sec. 604. Unless otherwise specifically provided, the maximum
amount allowable during the current fiscal year in accordance with
section 16 of the Act of August 2, 1946 (60 Stat. 810), for the
purchase of any passenger motor vehicle (exclusive of buses,
ambulances, law enforcement, and undercover surveillance vehicles), is
hereby fixed at $8,100 except station wagons for which the maximum
shall be $9,100: Provided, That these limits may be exceeded by not to
exceed $3,700 for police-type vehicles, and by not to exceed $4,000 for
special heavy-duty vehicles: Provided further, That the limits set
forth in this section may not be exceeded by more than five percent for
electric or hybrid vehicles purchased for demonstration under the
provisions of the Electric and Hybrid Vehicle Research, Development,
and Demonstration Act of 1976: Provided further, That the limits set
forth in this section may be exceeded by the incremental cost of clean
alternative fuels vehicles acquired pursuant to Public Law 101-549 over
the cost of comparable conventionally fueled vehicles.
Sec. 605. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances, in accordance with 5 U.S.C. 5922-24.
Sec. 606. Unless otherwise specified during the current fiscal year
no part of any appropriation contained in this or any other Act shall
be used to pay the compensation of any officer or employee of the
Government of the United States (including any agency the majority of
the stock of which is owned by the Government of the United States)
whose post of duty is in the continental United States unless such
person (1) is a citizen of the United States, (2) is a person in the
service of the United States on the date of enactment of this Act who,
being eligible for citizenship, has filed a declaration of intention to
become a citizen of the United States prior to such date and is
actually residing in the United States, (3) is a person who owes
allegiance to the United States, (4) is an alien from Cuba, Poland,
South Vietnam, the countries of the former Soviet Union, or the Baltic
countries lawfully admitted to the United States for permanent
residence, or (5) South Vietnamese, Cambodian, and Laotian refugees
paroled in the United States after January 1, 1975, or (6) nationals of
the People's Republic of China that qualify for adjustment of status
pursuant to the Chinese Student Protection Act of 1992: Provided, That
for the purpose of this section, an affidavit signed by any such person
shall be considered prima facie evidence that the requirements of this
section with respect to his or her status have been complied with:
Provided further, That any person making a false affidavit shall be
guilty of a felony, and, upon conviction, shall be fined no more than
$4,000 or imprisoned for not more than one year, or both: Provided
further, That the above penal clause shall be in addition to, and not
in substitution for, any other provisions of existing law: Provided
further, That any payment made to any officer or employee contrary to
the provisions of this section shall be recoverable in action by the
Federal Government. This section shall not apply to citizens of
Ireland, Israel, the Republic of the Philippines or to nationals of
those countries allied with the United States in the current defense
effort, or to international broadcasters employed by the United States
Information Agency, or to temporary employment of translators, or to
temporary employment in the field service (not to exceed sixty days) as
a result of emergencies.
Sec. 607. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment
to the General Services Administration for charges for space and
services and those expenses of renovation and alteration of buildings
and facilities which constitute public improvements performed in
accordance with the Public Buildings Act of 1959 (73 Stat. 749), the
Public Buildings Amendments of 1972 (87 Stat. 216), or other applicable
law.
Sec. 608. In addition to funds provided in this or any other Act,
all Federal agencies are authorized to receive and use funds resulting
from the sale of materials recovered through recycling or waste
prevention programs. Such funds shall be available until expended for
the following purposes:
(1) Acquisition, waste reduction and prevention and
recycling programs as described in Executive Order 12873
(October 20, 1993), including any such programs adopted prior
to the effective date of the Executive Order.
(2) Other Federal agency environmental management programs,
including but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
The Administrator of General Services or his designee is authorized
to transfer funds received into the Federal Buildings Fund pursuant to
section 11 of GSA--General Provisions, Public Law 102-141, October 28,
1991, 105 Stat. 856, 40 U.S.C., sec. 490(f) (7) and (8), or sec. 490g,
prior to the effective date of this legislation, to other Federal
agencies for use by those agencies for the purposes set forth in those
statutes. Such funds shall be available until expended and shall be in
addition to any amounts appropriated for such purposes.
Sec. 609. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations
and agencies subject to chapter 91 of title 31, United States Code,
shall be available, in addition to objects for which such funds are
otherwise available, for rent in the District of Columbia; services in
accordance with 5 U.S.C. 3109; and the objects specified under this
head, all the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the Act by
which they are made available: Provided, That in the event any
functions budgeted as administrative expenses are subsequently
transferred to or paid from other funds, the limitations on
administrative expenses shall be correspondingly reduced.
Sec. 610. No part of any appropriation for the current fiscal year
contained in this or any other Act shall be paid to any person for the
filling of any position for which he or she has been nominated after
the Senate has voted not to approve the nomination of said person.
Sec. 611. Any department or agency to which the Administrator of
General Services has delegated the authority to operate, maintain or
repair any building or facility pursuant to section 205(d) of the
Federal Property and Administrative Services Act of 1949, as amended,
shall retain that portion of the GSA rental payment available for
operation, maintenance or repair of the building or facility, as
determined by the Administrator, and expend such funds directly for the
operation, maintenance or repair of the building or facility. Any funds
retained under this section shall remain available until expended for
such purposes.
Sec. 612. Pursuant to section 1415 of the Act of July 15, 1952 (66
Stat. 662), foreign credits (including currencies) owed to or owned by
the United States may be used by Federal agencies for any purpose for
which appropriations are made for the current fiscal year (including
the carrying out of Acts requiring or authorizing the use of such
credits), only when reimbursement therefor is made to the Treasury from
applicable appropriations of the agency concerned: Provided, That such
credits received as exchanged allowances or proceeds of sales of
personal property may be used in whole or part payment for acquisition
of similar items, to the extent and in the manner authorized by law,
without reimbursement to the Treasury.
Sec. 613. No part of any appropriation contained in this or any
other Act shall be available for interagency financing of boards,
commissions, councils, committees, or similar groups (whether or not
they are interagency entities) which do not have a prior and specific
statutory approval to receive financial support from more than one
agency or instrumentality.
Sec. 614. Funds made available by this or any other Act to the
``Postal Service Fund'' (39 U.S.C. 2003) shall be available for
employment of guards for all buildings and areas owned or occupied by
the Postal Service and under the charge and control of the Postal
Service, and such guards shall have, with respect to such property, the
powers of special policemen provided by the first section of the Act of
June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318), and, as to
property owned or occupied by the Postal Service, the Postmaster
General may take the same actions as the Administrator of General
Services may take under the provisions of sections 2 and 3 of the Act
of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318a, 318b),
attaching thereto penal consequences under the authority and within the
limits provided in section 4 of the Act of June 1, 1948, as amended (62
Stat. 281; 40 U.S.C. 318c).
Sec. 615. None of the funds made available pursuant to the
provisions of this Act shall be used to implement, administer, or
enforce any regulation which has been disapproved pursuant to a
resolution of disapproval duly adopted in accordance with the
applicable law of the United States.
Sec. 616. No part of any appropriation contained in, or funds made
available by, this or any other Act, shall be available for any agency
to pay to the Administrator of the General Services Administration a
higher rate per square foot for rental of space and services
(established pursuant to section 210(j) of the Federal Property and
Administrative Services Act of 1949, as amended) than the rate per
square foot established for the space and services by the General
Services Administration for the fiscal year for which appropriations
were granted.
Sec. 617. (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, 1995, 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 615 of the Treasury, Postal
Service and General Government Appropriations Act, 1994, until
the normal effective date of the applicable wage survey
adjustment that is to take effect in fiscal year 1995, in an
amount that exceeds the rate payable for the applicable grade
and step of the applicable wage schedule in accordance with
such section 615; and
(2) during the period consisting of the remainder of fiscal
year 1995, 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 1995 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 1995 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 1994 under such section.
(b) Notwithstanding any other provision of law, no prevailing rate
employee described in subparagraph (B) or (C) of section 5342(a)(2) of
title 5, United States Code, and no employee covered by section 5348 of
such title, may be paid during the periods for which subsection (a) is
in effect at a rate that exceeds the rates that would be payable under
subsection (a) were subsection (a) applicable to such employee.
(c) For the purposes of this section, the rates payable to an
employee who is covered by this section and who is paid from a schedule
not in existence on September 30, 1994, 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, 1994, 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, 1994.
(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. 618. During the period in which the head of any department or
agency, or any other officer or civilian employee of the Government
appointed by the President of the United States, holds office, no funds
may be obligated or expended in excess of $5,000 to furnish or
redecorate the office of such department head, agency head, officer or
employee, or to purchase furniture or make improvements for any such
office, unless advance notice of such furnishing or redecoration is
expressly approved by the Committees on Appropriations of the House and
Senate. For the purposes of this section the word ``office'' shall
include the entire suite of offices assigned to the individual, as well
as any other space used primarily by the individual or the use of which
is directly controlled by the individual.
Sec. 619. (a) Notwithstanding the provisions of sections 112 and
113 of title 3, United States Code, each Executive agency detailing any
personnel shall submit a report on an annual basis in each fiscal year
to the Senate and House Committees on Appropriations on all employees
or members of the armed services detailed to Executive agencies,
listing the grade, position, and offices of each person detailed and
the agency to which each such person is detailed.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed services detailed to or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense for the
collection of specialized national foreign intelligence through
reconnaissance programs;
(5) the Bureau of Intelligence and Research of the
Department of State;
(6) any agency, office, or unit of the Army, Navy, Air
Force, and Marine Corps, the Federal Bureau of Investigation
and the Drug Enforcement Administration of the Department of
Justice, the Department of the Treasury, the Department of
Transportation, and the Department of Energy performing
intelligence functions; and
(7) the Director of Central Intelligence.
(c) The exemptions in part (b) of this section are not intended to
apply to information on the use of personnel detailed to or from the
intelligence agencies which is currently being supplied to the Senate
and House Intelligence and Appropriations Committees by the executive
branch through budget justification materials and other reports.
(d) For the purposes of this section, the term ``Executive agency''
has the same meaning as defined under section 105 of title 5, United
States Code (except that the provisions of section 104(2) of title 5,
United States Code, shall not apply), and includes the White House
Office, the Executive Residence, and any office, council, or
organizational unit of the Executive Office of the President.
Sec. 620. No funds appropriated in this or any other Act for fiscal
year 1995 may be used to implement or enforce the agreements in
Standard Forms 312 and 4355 of the Government or any other
nondisclosure policy, form or agreement if such policy, form or
agreement does not contain the following provisions:
``These restrictions are consistent with and do not supersede
conflict with or otherwise alter the employee obligations, rights or
liabilities created by Executive Order 12356; section 7211 of title 5,
United States Code (governing disclosures to Congress); section 1034 of
title 10, United States Code, as amended by the Military Whistleblower
Protection Act (governing disclosure to Congress by members of the
military); section 2302(b)(8) of title 5, United States Code, as
amended by the Whistleblower Protection Act (governing disclosures of
illegality, waste, fraud, abuse or public health or safety threats);
the Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et
seq.) (governing disclosures that could expose confidential Government
agents), and the statutes which protect against disclosure that may
compromise the national security, including sections 641, 793, 794,
798, and 952 of title 18, United States Code, and section 4(b) of the
Subversive Activities Act of 1950 (50 U.S.C. section 783(b)). The
definitions, requirements, obligations, rights, sanctions and
liabilities created by said Executive Order and listed statutes are
incorporated into this Agreement and are controlling.''
Sec. 621. 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. 622. (a) None of the funds appropriated by this or any other
Act may be expended by any Federal agency to procure any product or
service that is subject to the provisions of Public Law 89-306 and that
will be available under the procurement by the Administrator of General
Services known as ``FTS2000'' unless--
(1) such product or service is procured by the
Administrator of General Services as part of the procurement
known as ``FTS2000''; or
(2) that agency establishes to the satisfaction of the
Administrator of General Services that--
(A) the agency's requirements for such procurement
are unique and cannot be satisfied by property and
service procured by the Administrator of General
Services as part of the procurement known as
``FTS2000''; and
(B) the agency procurement, pursuant to such
delegation, would be cost-effective and would not
adversely affect the cost-effectiveness of the FTS2000
procurement.
(b) After July 31, 1995, subsection (a) shall apply only if the
Administrator of General Services has reported that the FTS2000
procurement is producing prices that allow the Government to satisfy
its requirements for such procurement in the most cost-effective
manner.
Sec. 623. (a) No amount of any grant made by a Federal agency shall
be used to finance the acquisition of goods or services (including
construction services) unless the recipient of the grant agrees, as a
condition for the receipt of such grant, to--
(1) specify in any announcement of the awarding of the
contract for the procurement of the goods and services involved
(including construction services) the amount of Federal funds
that will be used to finance the acquisition; and
(2) express the amount announced pursuant to paragraph (1)
as a percentage of the total costs of the planned acquisition.
(b) The requirements of subsection (a) shall not apply to a
procurement for goods or services (including construction services)
that has an aggregate value of less than $500,000.
Sec. 624. Notwithstanding section 1346 of title 31, United States
Code, funds made available for fiscal year 1995 by this or any other
Act shall be available for the interagency funding of national security
and emergency preparedness telecommunications initiatives which benefit
multiple Federal departments, agencies, or entities, as provided by
Executive Order Numbered 12472 (April 3, 1984).
Sec. 625. Notwithstanding any provisions of this or any other Act,
during fiscal year ending September 30, 1995, any department, division,
bureau, or office may use funds appropriated by this or any other Act
to install telephone lines, and necessary equipment, and to pay monthly
charges, in any private residence or private apartment of an employee
who has been authorized to work at home in accordance with guidelines
issued by the Office of Personnel Management: Provided, That the head
of the department, division, bureau, or office certifies that adequate
safeguards against private misuse exist, and that the service is
necessary for direct support of the agency's mission.
Sec. 626. (a) None of the funds appropriated by this or any other
Act may be obligated or expended by any Federal department, agency, or
other instrumentality for the salaries or expenses of any employee
appointed to a position of a confidential or policy-determining
character excepted from the competitive service pursuant to section
3302 of title 5, United States Code, without a certification to the
Office of Personnel Management from the head of the Federal department,
agency, or other instrumentality employing the Schedule C appointee
that the Schedule C position was not created solely or primarily in
order to detail the employee to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed services detailed to or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense for the
collection of specialized national foreign intelligence through
reconnaissance programs;
(5) the Bureau of Intelligence and Research of the
Department of State;
(6) any agency, office, or unit of the Army, Navy, Air
Force, and Marine Corps, the Federal Bureau of Investigation
and the Drug Enforcement Administration of the Department of
Justice, the Department of Transportation, the Department of
the Treasury, and the Department of Energy performing
intelligence functions; and
(7) the Director of Central Intelligence.
Sec. 627. None of the funds appropriated by this or any other Act
may be used to relocate the Department of Justice Immigration Judges
from offices located in Phoenix, Arizona to new quarters in Florence,
Arizona without the prior approval of the House and Senate Committees
on Appropriations.
Sec. 628. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 1995 shall obligate or expend any such funds, unless such
department, agency or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to ensure that
all of its workplaces are free from discrimination and sexual
harassment and that all of its workplaces are not in violation of title
VII of the Civil Rights Act of 1964, as amended, the Age Discrimination
in Employment Act of 1967, and the Rehabilitation Act of 1973.
Sec. 629. (a)(1) Subchapter II of chapter 63 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 6327. Absence in connection with serving as a bone-marrow or
organ donor
``(a) An employee in or under an Executive agency is entitled to
leave without loss of or reduction in pay, leave to which otherwise
entitled, credit for time or service, or performance or efficiency
rating, for the time necessary to permit such employee to serve as a
bone-marrow or organ donor.
``(b) Not to exceed 7 days of leave may be used under this section
by an employee in a calendar year.
``(c) The Office of Personnel Management may prescribe regulations
for the administration of this section.''.
(2)(A) Section 6129 of title 5, United States Code, is amended by
inserting ``6327,'' after ``6326,''.
(B) The table of sections for chapter 63 of title 5, United States
Code, is amended by adding after the item relating to section 6326 the
following:
``6327. Absence in connection with serving as a bone-marrow or organ
donor.''.
(b)(1) Section 6307 of title 5, United States Code, is amended--
(A) by redesignating subsection (c) as subsection (d);
(B) by inserting after subsection (b) the following:
``(c) Sick leave provided by this section may be used for purposes
relating to the adoption of a child.''; and
(C) in subsection (d) (as so redesignated by subparagraph
(A)) by inserting ``or for purposes relating to the adoption of
a child,'' after ``ailment,''.
(2) Section 6129 of title 5, United States Code, is amended by
striking ``6307 (a) and (c),'' and inserting ``6307 (a) and (d),''.
(3)(A) The Office of Personnel Management shall prescribe
regulations under which any employee who used or uses annual leave for
an adoption-related purpose, after September 30, 1991, and before the
date as of which sick leave first becomes available for such purpose as
a result of the enactment of this subsection may, upon appropriate
written application, elect to have such employee's leave accounts
adjusted to reflect the amount of annual leave and sick leave,
respectively, which would remain had sick leave been used instead of
all or any portion of the annual leave actually used, as designated by
the employee.
(B) An application under this paragraph may not be approved unless
it is submitted--
(i) within 1 year after the date of the enactment of this
Act or such later date as the Office may prescribe;
(ii) in such form and manner as the Office shall require;
and
(iii) by an individual who is an employee as of the time of
application.
(C) For the purpose of this paragraph, the term ``employee'' has
the meaning given such term by section 6301(2) of title 5, United
States Code.
Sec. 630. (a)(1) The adjustment in rates of basic pay for the
statutory pay systems that takes effect in fiscal year 1995 under
section 5303 of title 5, United States Code, shall be an increase of 2
percent.
(2) For purposes of each provision of law amended by section
704(a)(2) of the Ethics Reform Act of 1989 (5 U.S.C. 5318 note), no
adjustment under section 5303 of title 5, United States Code, shall be
considered to have taken effect in fiscal year 1995 in the rates of
basic pay for the statutory pay systems.
(3) For purposes of this subsection, the term ``statutory pay
system'' shall have the meaning given such term by section 5302(1) of
title 5, United States Code.
(b) For purposes of any locality-based comparability payments
taking effect in fiscal year 1995 under subchapter I of chapter 53 of
title 5, United States Code (whether by adjustment or otherwise)--
(1) section 5304(a)(3)(B) of such title shall be deemed to
be amended by striking ``\3/10\'' and inserting ``\1/4\''; and
(2) section 5304a of such title shall be deemed to be
without force or effect.
Sec. 631. Section 5(f) of the Federal Workforce Restructuring Act
of 1994 (Public Law 103-226) is amended by adding at the end the
following new paragraph:
``(3) Applicability of backfill prevention provisions to
agencies otherwise exempted from fte reduction.--
``(A) In general.--If any agency is otherwise
exempted by any law from the limitations on full-time
equivalent positions or the restrictions on hiring
established by this section--
``(i) paragraph (1) shall apply to
vacancies created in such agency; and
``(ii) the reductions required pursuant to
clause (i) shall be made in the number of
funded employee positions in such agency.
``(B) Waiver authority.--In the case of a
particular position in an agency, subparagraph (A) may
be waived upon a determination by the head of the
agency that the performance of a critical agency
mission requires the waiver.
``(C) Relation to other law.--No law may be
construed as suspending or modifying this paragraph
unless such law specifically amends this paragraph.''.
Sec. 632. (a) In General.--Hereafter, the employment of any
individual within the Executive Office of the President shall be placed
in leave without pay status if the individual--
(1) has not, within 30 days of commencing such employment
or by October 31, 1994 (whichever occurs later), submitted a
completed questionnaire for sensitive positions (SF-86); or
(2) has not, 6 months of commencing such employment or by
October 31, 1994 (whichever occurs later), had his or her
background investigation, if completed, forwarded by the
counsel to the President to the United States Secret Service
for issuance of the appropriate White House pass.
(b) Exemption.--Subsection (a) shall not apply to any individual
specifically exempted from such subsection by the President or his
designee.
This Act may be cited as the ``Treasury, Postal Service and General
Government Appropriations Act, 1995''.
Passed the House of Representatives June 15, 1994.
Attest:
Clerk.
103d CONGRESS
2d Session
H. R. 4539
_______________________________________________________________________
AN ACT
Making appropriations for the Treasury Department, the United States
Postal Service, the Executive Office of the President, and certain
Independent Agencies, for the fiscal year ending September 30, 1995,
and for other purposes.