[104th Congress Public Law 52]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ52.104]
TREASURY, POSTAL SERVICE, AND GENERAL GOVERNMENT APPROPRIATIONS ACT,
1996
[[Page 109 STAT. 468]]
Public Law 104-52
104th Congress
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, 1996, and
for other purposes. <<NOTE: Nov. 19, 1995 - [H.R. 2020]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Treasury, Postal
Service, and General Government Appropriations Act, 1996.>> 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, 1996, and
for other purposes, namely:
TITLE I <<NOTE: Treasury Department Appropriations Act, 1996.>> --
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
$2,950,000 to remain available until expended for information technology
modernization requirements; not to exceed $150,000 for official
reception and representation expenses; not to exceed $258,000 for
unforeseen emergencies of a confidential nature, to be allocated and
expended under the direction of the Secretary of the Treasury and to be
accounted for solely on his certificate; $105,929,000, of which up to
$500,000 shall be available to reimburse the District of Columbia
Metropolitan Police Department for personnel costs incurred by the
Metropolitan Police Department between May 19, 1995 and September 30,
1995 as a result of the closing to vehicular traffic of Pennsylvania
Avenue Northwest and other streets in the vicinity of the White House:
Provided, That section 640 of title VI of the Treasury, Postal Service
and General Government Appropriations Act, 1995 (Public Law 103-329, 108
Stat. 2432), is amended by adding at the end thereof the following new
sentence: ``This section shall not apply to any claim where the employee
has received any compensation for overtime hours worked during the
period covered by the claim under any other provision of law, including,
but not limited to, 5 U.S.C. 5545(c), or to any claim for compensation
[[Page 109 STAT. 469]]
for time spent commuting between the employee's residence and duty
station.''.
treasury buildings and annex repair and restoration
For the repair, alteration, and improvement of the Treasury
Building and Annex, and the Secret Service Headquarters Building,
$21,491,000, to remain available until expended.
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; $29,319,000.
treasury forfeiture fund
For necessary expenses of the Treasury Forfeiture Fund, as
authorized by Public Law 102-393, not to exceed $10,000,000, to be
derived from deposits in the Fund.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; travel expenses of non-
Federal law enforcement personnel to attend meetings concerned with
financial intelligence activities, law enforcement, and financial
regulation; not to exceed $14,000 for official reception and
representation expenses; $22,198,000: Provided, That notwithstanding any
other provision of law, the Director of the Financial Crimes Enforcement
Network may procure up to $500,000 in specialized, unique or novel
automatic data processing equipment, ancillary equipment, software,
services, and related resources from commercial vendors without regard
to otherwise applicable procurement laws and regulations and without
full and open competition, utilizing procedures best suited under the
circumstances of the procurement to efficiently fulfill the agency's
requirements: Provided further, That funds appropriated in this account
may be used to procure personal services contracts.
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
[[Page 109 STAT. 470]]
of and participating in firearms matches and presentation of awards; for
public awareness and enhancing community support of law enforcement
training; not to exceed $7,000 for official reception and representation
expenses; room and board for student interns; and services as authorized
by 5 U.S.C. 3109: Provided, That <<NOTE: Gifts and property. 42 USC 3771
note.>> 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; $36,070,000, of
which $8,666,000 for materials and support costs of Federal law
enforcement basic training shall remain available until September 30,
1998.
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,
$9,663,000, to remain available until expended.
Financial Management Service
salaries and expenses
For necessary expenses of the Financial Management Service,
$184,300,000, of which not to exceed $14,277,000 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.
[[Page 109 STAT. 471]]
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; $377,971,000, 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 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, 1996: Provided further, That no funds appropriated herein
shall be available for salaries or administrative expenses in connection
with consolidating or centralizing, within the Department of the
Treasury, the records, or any portion thereof, of acquisition and
disposition of firearms maintained by Federal firearms licensees:
Provided further, That no funds appropriated herein shall be used to pay
administrative expenses or the compensation of any officer or employee
of the United States to implement an amendment or amendments to 27 CFR
178.118 or to change the definition of ``Curios or relics'' in 27 CFR
178.11 or remove any item from ATF Publication 5300.11 as it existed on
January 1, 1994: Provided further, That none of the funds appropriated
herein shall be available to investigate or act upon applications for
relief from Federal firearms disabilities under 18 U.S.C. 925(c):
Provided further, That such funds shall be available to investigate and
act upon applications filed by corporations for relief from Federal
firearms disabilities under 18 U.S.C. section 925(c).
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
[[Page 109 STAT. 472]]
for official reception and representation expenses; and awards of
compensation to informers, as authorized by any Act enforced by the
United States Customs Service; $1,387,153,000, 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 that 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 the Commissioner of the Customs Service designate a single
individual to be port director of all United States Government
activities at two ports of entry, one on the southern border and one on
the northern border: Provided further, That $750,000 shall be available
for additional part-time and temporary positions in the Honolulu Customs
District.
harbor maintenance fee collection
For administrative expenses related to the collection of the Harbor
Maintenance Fee, pursuant to Public Law 103-182, $3,000,000, to be
derived from the Harbor Maintenance Trust Fund and to be transferred to
and merged with the Customs ``Salaries and Expenses'' account for such
purposes.
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 or demand reduction programs, the
operations of which include: the interdiction of narcotics and other
goods; the provision of support to Customs and other Federal, State, and
local agencies in the enforcement or administration of laws enforced by
the Customs Service; and, at the discretion of the Commissioner of
Customs, the provision of assistance to Federal, State, and local
agencies in other law enforcement and emergency humanitarian efforts;
$64,843,000 which shall remain available until expended; in addition,
$19,733,000 shall be transferred from the Customs Air and Marine
Interdiction Programs, Procurement Account to remain available until
expended: Provided, That no aircraft or other related equipment, with
the exception of aircraft which is one of a kind and has been identified
as excess to Customs requirements, and aircraft which has been damaged
beyond repair, shall be transferred to any other Federal agency,
Department, or office outside of the Department of the Treasury, during
fiscal year 1996, without the prior approval of the House and Senate
Committees on Appropriations.
[[Page 109 STAT. 473]]
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.
Bureau of the Public Debt
administering the public debt
For necessary expenses connected with any public-debt issues of the
United States; $180,065,000: Provided, That the sum appropriated herein
from the General Fund for fiscal year 1996 shall be reduced by not more
than $600,000 as definitive security issue fees are collected and not
more than $9,465,000 as Treasury Direct Investor Account Maintenance
fees are collected, so as to result in a final fiscal year 1996
appropriation from the General Fund estimated at $170,000,000.
Internal Revenue Service
processing, assistance, and management
For necessary expenses of the Internal Revenue Service, not
otherwise provided for; including processing tax returns; revenue
accounting; providing assistance to taxpayers, management services, and
inspection; including purchase (not to exceed 150 for replacement only,
for police-type use) and hire of passenger motor vehicles (31 U.S.C.
1343(b)); and services as authorized by 5 U.S.C. 3109, at such rates as
may be determined by the Commissioner: $1,723,764,000, of which up to
$3,700,000 shall be for the Tax Counseling for the Elderly Program, and
of which not to exceed $25,000 shall be for official reception and
representation expenses.
tax law enforcement
For necessary expenses of the Internal Revenue Service for
determining and establishing tax liabilities; tax and enforcement
litigation; technical rulings; examining employee plans and exempt
organizations; investigation and enforcement activities; securing
unfiled tax returns; collecting unpaid accounts; statistics of income
and compliance research; the purchase (for police-type use, not to
exceed 850), and hire of passenger motor vehicles (31 U.S.C. 1343(b));
and services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner $4,097,294,000, of which not to exceed
$1,000,000 shall remain available until September 30, 1998 for research:
Provided, That $13,000,000 shall be used to initiate a program to
utilize private counsel law firms and debt collection agencies in the
collection activities of the
[[Page 109 STAT. 474]]
Internal Revenue Service in compliance with section 104 of this Act.
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; $1,527,154,000, of which no less than $695,000,000 shall
be available for tax systems modernization activities, of which up to
$185,000,000 for tax and information systems development projects shall
remain available until September 30, 1998: Provided,
<<NOTE: Reports.>> That of the funds appropriated for tax systems
modernization, $100,000,000 may not be obligated until the Secretary of
the Treasury provides a report to the Committees on Appropriations of
the House and the Senate that (1) with explicit decision criteria,
identifies, evaluates, and prioritizes all systems investments planned
for fiscal year 1996, (2) provides a schedule for successfully
mitigating deficiencies identified by the General Accounting Office in
its April 1995 report to the Committees, (3) presents a milestone
schedule for development and implementation of all projects included in
the tax systems modernization program, and (4) presents a plan to expand
the utilization of external expertise for systems development and total
program integration.
administrative provisions--internal revenue service <<NOTE: taxes.>>
Section 1. Not to exceed 2 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 advance approval of the House and Senate
Committees on Appropriations: Provided, That notwithstanding any other
provision of this Act, the Internal Revenue Service is authorized to
transfer such sums as may be necessary between appropriations with
advance approval of the House and Senate Appropriations Committees.
Sec. 2. <<NOTE: Employee training. 26 USC 7803 note.>> 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 665 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
[[Page 109 STAT. 475]]
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; $531,944,000.
Violent Crime Reduction Programs
For activities authorized by Public Law 103-322, to remain available
until expended, which shall be derived from the Violent Crime Reduction
Trust Fund, as follows:
(a) As authorized by section 190001(e), $69,314,000, of which
$25,690,000 shall be available to the United States Customs Service for
expenses associated with ``Operation Hardline''; of which $21,010,000
shall be available to the Bureau of Alcohol, Tobacco and Firearms, of
which no less than $14,410,000 shall be available to annualize the
salaries and related costs for the fiscal year 1995 supplemental
initiative, and of which no less than $3,500,000 shall be available for
administering the Gang Resistance Education and Training program, and of
which $3,100,000 shall be available for ballistics technologies; of
which $21,600,000 shall be available to the United States Secret
Service, of which no less than $1,600,000 shall be available for
enhancing forensics technology to aid missing and exploited children
investigations; and of which $1,014,000 shall be available to the
Federal Law Enforcement Training Center; and
(b) As authorized by section 32401, $7,200,000, for disbursement
through grants, cooperative agreements or contracts, to local
governments for Gang Resistance Education and Training: Provided, That
notwithstanding sections 32401 and 310001, such funds shall be allocated
only to the affected State and local law enforcement and prevention
organizations participating in such projects.
General Provisions--Department of the Treasury
Section 101. 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, 1996, shall be made in compliance with the
reprogramming guidelines contained in the House and Senate reports
accompanying this Act.
[[Page 109 STAT. 476]]
Sec. 102. 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. None of the funds appropriated by this title shall be used
in connection with the collection of any underpayment of any tax imposed
by the Internal Revenue Code of 1986 unless the conduct of officers and
employees of the Internal Revenue Service in connection with such
collection, including any private sector employees under contract to the
Internal Revenue Service, complies with subsection (a) of section 805
(relating to communications in connection with debt collection), and
section 806 (relating to harassment or abuse), of the Fair Debt
Collection Practices Act (15 U.S.C. 1692).
Sec. 105. <<NOTE: Confidential information. 26 USC 6103 note.>> The
Internal Revenue Service shall institute policies and procedures which
will safeguard the confidentiality of taxpayer information.
Sec. 106. The funds provided to the Bureau of Alcohol, Tobacco and
Firearms for fiscal year 1996 in this Act for the enforcement of the
Federal Alcohol Administration Act shall be expended in a manner so as
not to diminish enforcement efforts with respect to section 105 of the
Federal Alcohol Administration Act.
Sec. 107. <<NOTE: 31 USC 321 note.>> The Secretary of the Treasury
is authorized in fiscal year 1996 and hereafter, to use Treasury
Department aircraft, with or without reimbursement, to assist bureaus
within the Department of the Treasury or other Federal agencies,
Departments or offices outside of the Department of the Treasury to
provide emergency law enforcement support to protect human life,
property, public health, or safety.
This title may be cited as the ``Treasury Department Appropriations
Act, 1996''.
TITLE II-- <<NOTE: Postal Service Appropriations Act, 1996.>> POSTAL
SERVICE
Payments to the Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone on free
and reduced rate mail, pursuant to subsections (c) and (d) of section
2401 of title 39, United States Code; $85,080,000: Provided, That mail
for overseas voting and mail for the blind shall continue to be free:
Provided further, <<NOTE: 39 USC 403 note.>> 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
[[Page 109 STAT. 477]]
small rural and other small post offices in the fiscal year ending on
September 30, 1996.
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, $36,828,000.
This title may be cited as the ``Postal Service Appropriations Act,
1996''.
TITLE III-- <<NOTE: Executive Office Appropriations Act,
1996.>> 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, <<NOTE: 3 USC 102 note.>> 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; $39,459,000.
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.
white house repair and restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House, $2,200,000, to remain available until
expended for replacement of the White House roof, to be expended and
accounted for as provided by 3 U.S.C. 105, 109-110, 112-114.
[[Page 109 STAT. 478]]
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; $3,280,000.
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), $3,180,000.
Office of Policy Development
salaries and expenses
For necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109, and 3 U.S.C. 107;
$3,867,000.
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; $25,736,000,
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and
hire of passenger motor vehicles.
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
[[Page 109 STAT. 479]]
authorized by 5 U.S.C. 3109; $55,573,000, of which not to exceed
$5,000,000 shall be available to carry out the provisions of 44 U.S.C.
chapter 35: Provided, That, as provided in 31 U.S.C. 1301(a),
appropriations shall be applied only to the objects for which
appropriations were made except as otherwise provided by law: Provided
further, That none of the funds appropriated in this Act for the Office
of Management and Budget may be used for the purpose of reviewing any
agricultural marketing orders or any activities or regulations under the
provisions of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C.
601 et seq.): Provided further, That none of the funds made available
for the Office of Management and Budget by this Act may be expended for
the altering of the transcript of actual testimony of witnesses, except
for testimony of officials of the Office of Management and Budget,
before the 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
(including transfer of funds)
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to title I of Public Law 100-
690; not to exceed $8,000 for official reception and representation
expenses; 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;
$23,500,000, of which $16,000,000, to remain available until expended,
shall be available 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; and of
the funds made available to the Counter-Drug Technology Assessment
Center, $600,000 shall be transferred to the Drug Enforcement
Administration for the El Paso Intelligence Center: Provided,
<<NOTE: Gifts and property.>> 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, $103,000,000 for
drug control activities consistent with the approved strategy for each
of the designated High Intensity Drug Trafficking
[[Page 109 STAT. 480]]
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
$48,000,000 may be transferred to Federal agencies and departments at a
rate to be determined by the Director: Provided, That the funds made
available under this head shall be obligated within 90 days of the date
of enactment of this Act.
This title may be cited as the ``Executive Office Appropriations
Act, 1996''.
TITLE IV-- <<NOTE: Independent Agencies Appropriations Act,
1996.>> INDEPENDENT AGENCIES
Advisory Commission on Intergovernmental Relations
salaries and expenses
<<NOTE: Government organization. 42 USC note prec. 4271.>> For
necessary expenses of the Advisory Commission on Intergovernmental
Relations, $784,000, of which $334,000 is to carry out the provisions of
Public Law 104-4, and of which $450,000 shall be available only for the
purposes of the prompt and orderly termination of the Advisory
Commission on Intergovernmental Relations.
Administrative Conference of the United States
salaries and expenses
<<NOTE: Government organization. Termination date. 5 USC note
prec. 591.>> For necessary expenses of the Administrative Conference of
the United States, established under subchapter V of chapter 5 of title
5, United States Code, $600,000: Provided, That these funds shall only
be available for the purposes of the prompt and orderly termination of
the Administrative Conference of the United States by February 1, 1996.
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For necessary expenses of the Committee for Purchase From People Who
Are Blind or Severely Disabled established by the Act of June 23, 1971,
Public Law 92-28; $1,800,000.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, as amended; $26,521,000, of which no less
than $1,500,000 shall be available for internal automated data
processing systems, of which not to exceed $5,000 shall be available
for reception and representation expenses: Provided, That none of the
funds appropriated for automated data processing systems may be
obligated until the Chairman of the Federal Election Commission provides
to the House Committee on Appropriations a systems requirements analysis
on the development of such a system.
[[Page 109 STAT. 481]]
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; $20,542,000: 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
(including rescission)
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)),
$86,000,000, to be deposited into said Fund shall be available for
necessary expenses of real property management and related activities
not otherwise provided for, including operation, maintenance, and
protection of Federally owned and leased buildings; rental of buildings
in the District of Columbia; restoration of leased premises; moving
governmental agencies (including space adjustments and
telecommunications relocation expenses) in connection with the
assignment, allocation and transfer of space; contractual services
incident to cleaning or servicing buildings, and moving; repair and
alteration of federally owned buildings including grounds, approaches
and appurtenances; care and safeguarding of sites; maintenance,
preservation, demolition, and equipment; acquisition of buildings and
sites by purchase, condemnation, or as otherwise authorized by law;
acquisition of options to purchase buildings and sites; conversion and
extension of Federally owned buildings; preliminary planning and design
of projects by contract or otherwise; construction of new buildings
(including equipment for such buildings); and payment of principal,
interest, taxes, and any other obligations for public buildings acquired
by installment purchase and purchase contract, in the aggregate amount
of $5,066,149,000, of which (1) not to exceed $545,002,000 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:
[[Page 109 STAT. 482]]
Colorado:
Lakewood, Denver Federal Center, U.S. Geological
Survey Lab Building, $25,802,000
Florida:
Tallahassee, U.S. Courthouse Annex, $24,015,000
Georgia:
Savannah, U.S. Courthouse Annex, $2,597,000
Louisiana:
Lafayette, Federal Building and U.S. Courthouse,
$29,565,000
Maryland:
Prince Georges County, Food and Drug Administration,
$55,000,000
Nebraska:
Omaha, Federal Building and U.S. Courthouse,
$53,424,000
New Mexico:
Albuquerque, Federal Building and U.S. Courthouse,
$6,126,000
New York:
Central Islip, Federal Building and U.S. Courthouse,
$189,102,000
North Dakota:
Pembina, Border Station, $11,113,000
Pennsylvania:
Scranton, Federal Building and U.S. Courthouse
Annex, $24,095,000
South Carolina:
Columbia, U.S. Courthouse Annex, $3,562,000
Texas:
Austin, Veterans Affairs Annex, $7,940,000
Brownsville, Federal Building and U.S. Courthouse,
$27,452,000
Washington:
Point Roberts, U.S. Border Station, $3,516,000
Seattle, U.S. Courthouse, $5,600,000
West Virginia:
Martinsburg, Internal Revenue Service Computer
Center, $63,408,000
Non-prospectus Projects Program, $12,685,000:
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 House and Senate Committees on
Appropriations of a greater amount: Provided further, That the
$6,000,000 under the heading of non-prospectus construction projects,
made available in Public Laws 102-393 and 103-123 for the acquisition,
lease, construction and equipping of flexiplace work telecommuting
centers, is hereby increased by $5,000,000 from funds made available in
this Act for non-prospectus construction projects, all of which shall
remain available until expended: Provided further, That of the
$5,000,000 made available by this Act, half shall be used for
telecommuting centers in the State of Virginia and half shall be used
for telecommuting centers in the State of Maryland: Provided further,
That of the funds made available for the District of Columbia, Southeast
Federal Center, under the heading, ``Real Property Activi
[[Page 109 STAT. 483]]
ties, Federal Buildings Fund, Limitations on Availability of Revenue''
in Public Law 101-509, $55,000,000 are rescinded: Provided further, That
the limitation on the availability of revenue contained in such Act is
reduced by $55,000,000: Provided further, That all funds for direct
construction projects shall expire on September 30, 1997, 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, <<NOTE: Claims.>> 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
$637,000,000 shall remain available until expended, for repairs and
alterations which includes associated design and construction services:
Provided further, That the amounts provided in this or any prior Act for
Repairs and Alterations may be used to fund costs associated with
implementing security improvements to buildings necessary to meet the
minimum standards for security in accordance with current law and in
compliance with the reprogramming guidelines of the appropriate
Committees of the House and Senate: Provided further, That funds in the
Federal Buildings Fund for Repairs and Alterations shall, for prospectus
projects, be limited to the 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:
Arkansas:
Little Rock, Federal Building, $7,551,000
California:
Sacramento, Federal Building (2800 Cottage Way),
$13,636,000
District of Columbia:
ICC/Connecting Wing Complex/Customs (phase 2/3),
$58,275,000
Illinois:
Chicago, Federal Center, $45,971,000
Maryland:
Woodlawn, SSA East High-Low Buildings, $17,422,000
North Dakota:
Bismarck, Federal Building, Post Office and U.S.
Courthouse, $7,119,000
Pennsylvania:
Philadelphia, Byrne-Green Complex, $30,909,000
Philadelphia, SSA Building, Mid-Atlantic Program
Service Center, $11,376,000
Puerto Rico:
Old San Juan, Post Office and U.S. Courthouse,
$25,701,000
Texas:
Dallas, Federal Building (Griffin St.), $5,641,000
Washington:
Richland, Federal Building, U.S. Post Office, and
Courthouse, $10,000,000
Nationwide:
[[Page 109 STAT. 484]]
Chlorofluorocarbons Program, $43,533,000
Elevator Program, $13,109,000
Energy Program, $20,000,000
Advance Design, $22,000,000
Basic Repairs and Alterations, $304,757,000: 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 Basic Repairs and Alterations
or used to fund authorized increases in prospectus projects: Provided
further, That all funds for repairs and alterations prospectus projects
shall expire on September 30, 1997, 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 of the funds provided for Advanced Design,
$100,000 shall be made available for architectural design studies for
renovation of the National Veterinary Services Laboratory and a
biocontainment facility at the National Animal Disease Center, Ames,
Iowa: Provided further, That the amount provided in this or any prior
Act for Basic Repairs and Alterations may be used to pay claims against
the Government arising from any projects under the heading ``Repairs and
Alterations'' or used to fund authorized increases in prospectus
projects; (3) not to exceed $181,963,000 for installment acquisition
payments including payments on purchase contracts which shall remain
available until expended; (4) not to exceed $2,326,200,000 for rental of
space which shall remain available until expended; and (5) not to exceed
$1,302,551,000, of which not to exceed $1,000,000 shall be available for
logistical support and personnel services for the Xth Paralympiad for
building operations which shall remain available until expended:
Provided further, That funds available to the General Services
Administration shall not be available for expenses in connection with
any construction, repair, alteration, and acquisition project for which
a prospectus, if required by the Public Buildings Act of 1959, as
amended, has not been approved, except that necessary funds may be
expended for each project for required expenses in connection with the
development of a proposed prospectus: Provided further, That the
Administrator is authorized to enter into and perform such leases,
contracts, or other transactions with any agency or instrumentality of
the United States, the several States, or the District of Columbia, or
with any person, firm, association, or corporation, as may be necessary
to implement the trade center plan at the Federal Triangle Project:
Provided further, That for the purposes of this authorization, buildings
constructed pursuant to the purchase contract authority of the Public
Buildings Amendments of 1972 (40 U.S.C. 602a), buildings occupied
pursuant to installment purchase contracts, and buildings under the
control of another department or agency where alterations of such
buildings are required in connection with the moving of such other
department or agency from buildings then, or thereafter to be, under the
control of the General Services Administration shall be considered to be
federally owned buildings: Provided further, That funds available in the
Federal Buildings Fund may be expended for emergency repairs when
advance approval is obtained from the Commit
[[Page 109 STAT. 485]]
tees 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
1996, excluding reimbursements under section 210(f)(6) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 490(f)(6))
in excess of $5,066,149,000 shall remain in the Fund and shall not be
available for expenditure except as authorized in appropriations Acts.
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; 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; $119,091,000.
office of inspector general
For necessary expenses of the Office of Inspector General and
services authorized by 5 U.S.C. 3109, $33,274,000: Provided, That not to
exceed $5,000 shall be available for payment for information and
detection of fraud against the Government, including payment for
recovery of stolen Government property: Provided further, That not to
exceed $2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of efforts and
initiatives resulting in enhanced Office of Inspector General
effectiveness.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25, 1958, as
amended (3 U.S.C. 102 note), and Public Law 95-138; $2,181,000:
Provided, That the Administrator of General Services shall transfer to
the Secretary of the Treasury such sums as may be necessary to carry out
the provisions of such Acts.
general provisions--general services administration
Section 1. The appropriate appropriation or fund available to the
General Services Administration shall be credited with the
[[Page 109 STAT. 486]]
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. Funds in the Federal Buildings Fund made available for
fiscal year 1996 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. 4. No funds made available by this Act shall be used to
transmit a fiscal year 1997 request for United States Courthouse
construction that does not meet the standards for construction as
established by the General Services Administration, the Judicial
Conference of the United States, and the Office of Management and Budget
and does not reflect the priorities of the Judicial Conference of the
United States as set out in its approved five-year construction plan.
Sec. 5. <<NOTE: Telecommuting. 40 USC 490h.>> The Administrator of
General Services is authorized to accept and retain income received by
the General Services Administration on or after October 1, 1993, from
Federal agencies and non-Federal sources, to defray costs directly
associated with the functions of flexiplace work telecommuting centers.
Sec. 6. <<NOTE: Telecommuting. Maryland.>> Of the $11,000,000 made
available by this Act and Public Laws 102-393 and 103-123 for flexiplace
work telecommuting centers, not less than $2,200,000 shall be available
for immediate transfer to the Charles County Community College, to
provide facilities, equipment, and other services to the General
Services Administration for the purposes of establishing telecommuting
work centers in Southern Maryland (Charles, Calvert, and St. Mary's
County) for use by Government agencies designated by the Administrator
of General Services: Provided, That the language providing authority to
pay a public entity in the State of Maryland, not to exceed $1,300,000
for the purpose of establishing telecommuting work centers in Southern
Maryland, under the heading ``Federal Buildings Fund Limitations on
Availability of Revenue'' in Public Law 103-329 (108 Stat. 2400), is
hereby repealed.
Sec. 7. Notwithstanding any provision of this or any other Act,
during the fiscal year ending September 30, 1996, and thereafter, no
funds 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. Notwithstanding any provision of this or any other Act,
during the fiscal year ending September 30, 1996, and thereafter, no
funds 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. Section 17(c) of Public Law 101-136 <<NOTE: 103 Stat.
805.>> is amended by--
(a) striking ``within 3 years of date of conveyance,'' and
inserting in lieu thereof, ``simultaneously''; and by striking
the remainder of the first sentence following, ``the islands of
Hawaii,
[[Page 109 STAT. 487]]
Oahu, and Molokai'' and inserting a period immediately
thereafter; and
(b) in paragraph (2) by striking ``in the exchange described
in subsection (c)(1)'' and inserting, ``or recreational''
immediately after the word, ``educational''.
John F. Kennedy Assassination Records Review Board
For necessary expenses to carry out the John F. Kennedy
Assassination Records Collection Act of 1992, $2,150,000.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit Systems
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978 and
the Civil Service Reform Act of 1978, including services as authorized
by 5 U.S.C. 3109, rental of conference rooms in the District of Columbia
and elsewhere, hire of passenger motor vehicles, and direct procurement
of survey printing, $24,549,000, together with not to exceed $2,430,000
for administrative expenses to adjudicate retirement appeals to be
transferred from the Civil Service Retirement and Disability Fund in
amounts determined by the Merit Systems Protection Board.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the administration of the
National Archives and records and related activities, as provided by
law, and for expenses necessary for the review and declassification of
documents, and for the hire of passenger motor vehicles, $199,633,000,
of which $4,500,000 shall be available until expended for cataloging,
archiving and digitizing activities: 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.
archives facilities and presidential libraries
repairs and restoration
For the repair, alteration, and improvement of archives facilities
and presidential libraries, $1,500,000, to remain available until
expended.
National Historical Publications and Records Commission
grants program
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, as
amended, $5,000,000 to remain available until expended.
[[Page 109 STAT. 488]]
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; $7,776,000.
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; $88,000,000, of which not to exceed $1,000,000 shall be made
available for the establishment of health promotion and disease
prevention programs for Federal employees and in addition $102,536,000
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
$11,300,000 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
[[Page 109 STAT. 489]]
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, 1996, 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
$6,181,000 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, <<NOTE: Rent.>> 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, $3,746,337,000 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, such sums as may be necessary.
payment to civil service retirement and disability fund
For financing the unfunded liability of new and increased annuity
benefits becoming effective on or after October 20, 1969, as authorized
by 5 U.S.C. 8348, and annuities under special Acts to be credited to the
Civil Service Retirement and Disability Fund, such sums as may be
necessary: Provided, <<NOTE: 33 USC 776.>> 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.
General Provisions--Office of Personnel Management
Section 1. Section 1104 of title 5, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (2)--
[[Page 109 STAT. 490]]
(i) by inserting after ``title'' the
following: ``, the cost of which examinations
shall be reimbursed by payments from the agencies
employing such judges to the revolving fund
established under section 1304(e)''; and
(ii) by striking the semicolon at the end of
paragraph (2) and inserting in lieu thereof a
period; and
(B) by striking the matter following paragraph (2)
through ``principles.''; and
(2) in subsection (b) by adding at the end the following new
paragraph:
``(4) At the request of the head of an agency to whom a
function has been delegated under subsection (a)(2), the Office
may provide assistance to the agency in performing such
function. Such assistance shall, to the extent determined
appropriate by the Director of the Office, be performed on a
reimbursable basis through the revolving fund established under
section 1304(e).''.
Sec. 2. Subparagraph (B) of section 8348(a)(1) of title 5, United
States Code, is amended--
(1) by inserting ``in making an allotment or assignment made
by an individual under section 8345(h) or 8465(b) of this
title,'' after ``law),''; and
(2) by striking ``title 26;'' and inserting ``title 26 or
section 8345(k) or 8469 of this title;''.
Sec. 3. Section 4(a) of the Federal Workforce Restructuring Act of
1994 (Public Law 103-226; 108 Stat. 111) <<NOTE: 5 USC 8331 note.>> is
amended--
(1) by deleting ``Fiscal Years 1994 and 1995'' and inserting
in lieu thereof: ``Voluntary Separation Incentive Payments.--'';
and
(2) in paragraph (1)(A) by striking ``and before October 1,
1995,''.
Sec. 4. Title 5, United States Code, is amended--
(1) in the second section designated as section 3329 (as
added by section 4431(a) of Public Law 102-484)--
(A) by redesignating such section as section 3330;
and
(B) by adding at the end thereof the following new
subsection:
``(f) The Office may, to the extent it determines appropriate,
charge such fees to agencies for services provided under this section
and for related Federal employment information. The Office shall retain
such fees to pay the costs of providing such services and
information.''; and
(2) <<NOTE: 5 USC prec. 3301.>> in the table of sections for
chapter 33 by amending the second item relating to section 3329
to read as follows:
``3330. Government-wide list of vacant positions.''.
Sec. 5. Section 1 under the subheading ``General Provision'' under
the heading ``Office of Personnel Management'' under title IV of the
Treasury, Postal Service and General Government Appropriations Act, 1992
(Public Law 102-141; 105 Stat. 861; 5 U.S.C. 5941 note), as amended by
section 532 of the Treasury, Postal Service and General Government
Appropriations Act, 1995 (Public Law 103-329; 108 Stat. 2413), is
further amended by striking ``1996'' both places it appears and
inserting in lieu thereof ``1998''.
[[Page 109 STAT. 491]]
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office of
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978 (Public Law 95-454), the Whistleblower
Protection Act of 1989 (Public Law 101-12), Public Law 103-424, and the
Uniformed Services Employment and Reemployment Act of 1994 (Public Law
103-353), including services as authorized by 5 U.S.C. 3109, payment of
fees and expenses for witnesses, rental of conference rooms in the
District of Columbia and elsewhere, and hire of passenger motor
vehicles; $7,840,000.
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109; $33,269,000: Provided,
That <<NOTE: 26 USC 7443 note.>> 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, 1996''.
TITLE V--GENERAL PROVISIONS
This Act
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. <<NOTE: Contracts. Public information.>> The expenditure
of any appropriation under this Act for any consulting service through
procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to
those contracts where such expenditures are a matter of public record
and available for public inspection, except where otherwise provided
under existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 503. <<NOTE: Contracts. 40 USC 490c.>> 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.
[[Page 109 STAT. 492]]
Sec. 504. None of the funds made available by this Act shall be
available for any activity or for paying the salary of any Government
employee where funding an activity or paying a salary to a Government
employee would result in a decision, determination, rule, regulation, or
policy that would prohibit the enforcement of section 307 of the Tariff
Act of 1930.
Sec. 505. None of the funds made available by this Act shall be
available for the purpose of transferring control over the Federal Law
Enforcement Training Center located at Glynco, Georgia, and Artesia, New
Mexico, out of the Treasury Department.
Sec. 506. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes within the United States
not heretofore authorized by the Congress.
Sec. 507. No part of any appropriation contained in this Act shall
be available for the payment of the salary of any officer or employee of
the United States Postal Service, who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any officer or employee of the United
States Postal Service from having any direct oral or written
communication or contact with any Member or committee of
Congress in connection with any matter pertaining to the
employment of such officer or employee or pertaining to the
United States Postal Service in any way, irrespective of whether
such communication or contact is at the initiative of such
officer or employee or in response to the request or inquiry of
such Member or committee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance of
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any officer or employee of the
United States Postal Service, or attempts or threatens to commit
any of the foregoing actions with respect to such officer or
employee, by reason of any communication or contact of such
officer or employee with any Member or committee of Congress as
described in paragraph (1) of this subsection.
Sec. 508. The Office of Personnel Management may, during the fiscal
year ending September 30, 1996, accept donations of supplies, services,
land and equipment for the Federal Executive Institute and Management
Development Centers to assist in enhancing the quality of Federal
management.
Sec. 509. The United States Secret Service may, during the fiscal
year ending September 30, 1996, 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. 512. <<NOTE: 19 USC 2 note.>> Notwithstanding any provision of
this or any other Act, during the fiscal year ending September 30, 1996,
and thereafter, no funds may be obligated or expended in any way to
withdraw the designation of the Virginia Inland Port at Front Royal,
Virginia, as a United States Customs Service port of entry.
Sec. 513. 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
[[Page 109 STAT. 493]]
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. 514. 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. 515. 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, 1933 (41 U.S.C. 10a-10c,
popularly known as the ``Buy American Act'').
Sec. 516. 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. 517. 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. 518. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the end
of fiscal year 1996 from appropriations made available for salaries and
expenses for fiscal year 1996 in this Act, shall remain available
through September 30, 1997 for each such account for the purposes
authorized: Provided, That a request shall be submitted to the House and
Senate Committees on Appropriations for approval prior to the
expenditure of such funds.
Sec. 519. Where appropriations in this Act are expendable for travel
expenses of employees and no specific limitation has been placed
thereon, the expenditures for such travel expenses may not exceed the
amount set forth therefore in the budget estimates submitted for
appropriations without the advance approval of the House and Senate
Committees on Appropriations: Provided, That this section shall not
apply to travel performed by uncompensated officials of local boards and
appeal boards in the Selective Service System; to travel performed
directly in connection with care and treatment of medical beneficiaries
of the Department
[[Page 109 STAT. 494]]
of Veterans Affairs; to travel of the Office of Personnel Management in
carrying out its observation responsibilities of the Voting Rights Act;
or to payments to interagency motor pools separately set forth in the
budget schedules.
Sec. 520. Notwithstanding any other provision of law or regulation:
(1) The authority of the special police officers of the Bureau of
Engraving and Printing, in the Washington, DC Metropolitan area, extends
to buildings and land under the custody and control of the Bureau; to
buildings and land acquired by or for the Bureau through lease, unless
otherwise provided by the acquisition agency; to the streets, sidewalks
and open areas immediately adjacent to the Bureau along Wallenberg Place
(15th Street) and 14th Street between Independence and Maine Avenues and
C and D Streets between 12th and 14th Streets; to areas which include
surrounding parking facilities used by Bureau employees, including the
lots at 12th and C Streets, SW, Maine Avenue and Water Streets, SW,
Maiden Lane, the Tidal Basin and East Potomac Park; to the protection in
transit of United States securities, plates and dies used in the
production of United States securities, or other products or implements
of the Bureau of Engraving and Printing which the Director of that
agency so designates; (2) The exercise of police authority by Bureau
officers, with the exception of the exercise of authority upon property
under the custody and control of the Bureau, shall be deemed
supplementary to the Federal police force with primary jurisdictional
responsibility. This authority shall be in addition to any other law
enforcement authority which has been provided to these officers under
other provisions of law or regulations.
Sec. 521. Section 5378 of title 5, United States Code, is
amended by adding: ``(8) Chief--not more than the maximum rate payable
for GS-14.''.
Sec. 522. <<NOTE: 31 USC 5136.>> Subchapter III of chapter 51 of
subtitle IV of title 31, United States Code, is amended by adding at the
end thereof the following new section: ``sec. 5136. <<NOTE: Coins.>>
united states mint public enterprise fund.''. There shall be established
in the Treasury of the United States, a United States Mint Public
Enterprise Fund (the ``Fund'') for fiscal year 1996 and hereafter:
Provided, That all receipts from Mint operations and programs, including
the production and sale of numismatic items, the production and sale of
circulating coinage, the protection of Government assets, and gifts and
bequests of property, real or personal shall be deposited into the Fund
and shall be available without fiscal year limitations: Provided
further, That all expenses incurred by the Secretary of the Treasury for
operations and programs of the United States Mint that the Secretary of
the Treasury determines, in the Secretary's sole discretion, to be
ordinary and reasonable incidents of Mint operations and programs, and
any expense incurred pursuant to any obligation or other commitment of
Mint operations and programs that was entered into before the
establishment of the Fund, shall be paid out of the Fund: Provided
further, That not to exceed 6.2415 percent of the nominal value of the
coins minted, shall be paid out of the Fund for the circulating coin
operations and programs in fiscal year 1996 for those operations and
programs previously provided for by appropriation: Provided further,
That the Secretary of the Treasury may borrow such funds from the
General Fund as may be necessary to meet existing liabilities and
obligations incurred prior to the receipt of revenues
[[Page 109 STAT. 495]]
into the Fund: Provided further, That the General Fund shall be
reimbursed for such funds by the Fund within one year of the date of the
loan: Provided further, That the Fund may retain receipts from the
Federal Reserve System from the sale of circulating coins at face value
for deposit into the Fund (retention of receipts is for the circulating
operations and programs): Provided further, That the Secretary of the
Treasury shall transfer to the Fund all assets and liabilities of the
Mint operations and programs, including all Numismatic Public Enterprise
Fund assets and liabilities, all receivables, unpaid obligations and
unobligated balances from the Mint's appropriation, the Coinage Profit
Fund, and the Coinage Metal Fund, and the land and buildings of the
Philadelphia Mint, Denver Mint, and the Fort Knox Bullion Depository:
Provided further, That the Numismatic Public Enterprise Fund, the
Coinage Profit Fund and the Coinage Metal Fund shall cease to exist as
separate funds as their activites and functions are subsumed under and
subject to the Fund, and the requirements of 31 USC 5134(c)(4),
(c)(5)(B), and (d) and (e) of the Numismatic Public Enterprise Fund
shall apply to the Fund: Provided further, That at such times as the
Secretary of the Treasury determines appropriate, but not less than
annually, any amount in the Fund that is determined to be in excess of
the amount required by the Fund shall be transferred to the Treasury for
deposit as miscellaneous receipts: Provided further, That the term
``Mint operations and programs'' means (1) the activities concerning,
and assets utilized in, the production, administration, distribution,
marketing, purchase, sale, and management of coinage, numismatic items,
the protection and safeguarding of Mint assets and those non-Mint assets
in the custody of the Mint, and the Fund; and (2) includes capital,
personnel salaries and compensation, functions relating to operations,
marketing, distribution, promotion, advertising, official reception and
representation, the acquisition or replacement of equipment, the
renovation or modernization of facilities, and the construction or
acquisition of new buildings: Provided further, That the term
``numismatic item'' includes any medal, proof coin, uncirculated coin,
bullion coin, numismatic collectible, other monetary issuances and
products and accessories related to any such medal or coin: Provided
further, That provisions of law governing procurement or public
contracts shall not be applicable to the procurement of goods or
services necessary for carrying out Mint programs and operations.
Sec. 523. <<NOTE: 3 USC 102 note.>> Section 531 of Public Law 103-
329, is amended by inserting, ``of the first section'', after ``adding
at the end''.
Sec. 524. <<NOTE: Abortion.>> No funds appropriated by this Act
shall be available to pay for an abortion, or the administrative
expenses in connection with any health plan under the Federal employees
health benefit program which provides any benefits or coverage for
abortions, after the last day of the contract currently in force for any
such negotiated plan.
Sec. 525. The provision of section 524 shall not apply where the
life of the mother would be endangered if the fetus were carried to
term, or that the pregnancy is the result of an act of rape or incest.
Sec. 526. <<NOTE: 40 USC 759 note.>> Notwithstanding any other
provision of law, the Administrator of General Services shall delegate
the authority to procure automatic data processing equipment for the Tax
Systems Modernization Program to the Secretary of the Treasury:
Provided,
[[Page 109 STAT. 496]]
That the Director of the Office of Management and Budget shall have the
authority to revoke such delegation upon the written recommendation of
the Administrator that the Secretary's actions under such delegation are
inconsistent with the goals of economic and efficient procurement and
utilization of automatic data processing equipment: Provided further,
That for all other purposes, a procurement conducted under such
delegation shall be treated as if made under a delegation by the
Administrator pursuant to 40 U.S.C. 759.
Sec. 527. <<NOTE: Postal service. 39 USC 3626 note.>> Relief of
Certain Periodical Publications.--For mail classification purposes under
section 3626 of title 39, United States Code, and any regulations of the
United States Postal Service for the administration of that section, a
weekly second-class periodical publication which--
(i) is eligible to publish legal notices under any
applicable laws of the State where it is published;
(ii) is eligible to be mailed at the rates for mail under
former subsection 4358 (a), (b), and (c) of title 39, United
States Code, as limited by current subsection 3626(g) of that
title; and
(iii) the pages of which were customarily secured by 2
staples before March 19, 1989;
shall not be considered to be a bound publication solely because its
pages continue to be secured by 2 staples after that date.
Sec. 528. (a) Prior to February 15, 1996, 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, prior to February 15, 1996, 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. 529. Section 4 of the Presidential Protection Assistance Act of
1976, Public Law 94-524, <<NOTE: 18 USC 3056 note.>> is amended by
striking ``$75,000'' and inserting in lieu thereof ``$200,000''.
Sec. 530. No part of any appropriation made available in this Act
shall be used to implement Bureau of Alcohol, Tobacco and Firearms
Ruling TD ATF-360; Re: Notice Nos. 782, 780, 91F009P.
Sec. 531. Section 5542 of title 5, United States Code, is amended by
adding the following new subsection at the end:
``(e) Notwithstanding subsection (d)(1) of this section, all hours
of overtime work scheduled in advance of the administrative workweek
shall be compensated under subsection (a) if that work involves duties
as authorized by section 3056(a) of title 18, United States Code, and if
the investigator performs, on that same day, at least 2 hours of
overtime work not scheduled in advance of the administrative
workweek.''.
[[Page 109 STAT. 497]]
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. <<NOTE: Drug-free workplace.>> No department, agency, or
instrumentality of the United States receiving appropriated funds under
this or any other Act for fiscal year 1996 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. <<NOTE: 31 USC 1343 note.>> 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. <<NOTE: 5 USC 3101 note.>> 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
[[Page 109 STAT. 498]]
the date of enactment of this Act who, being eligible for citizenship,
has filed a declaration of intention to become a citizen of the United
States prior to such date and is actually residing in the United States,
(3) is a person who owes allegiance to the United States, (4) is an
alien from Cuba, Poland, South Vietnam, the countries of the former
Soviet Union, or the Baltic countries lawfully admitted to the United
States for permanent residence, (5) South Vietnamese, Cambodian, and
Laotian refugees paroled in the United States after January 1, 1975, or
(6) nationals of the People's Republic of China that qualify for
adjustment of status pursuant to the Chinese Student Protection Act of
1992: Provided, That for the purpose of this section, an affidavit
signed by any such person shall be considered prima facie evidence that
the requirements of this section with respect to his or her status have
been complied with: Provided further, <<NOTE: Law enforcement and
crime.>> 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. <<NOTE: Recycling. Environmental protection.>> In addition
to funds provided in this or any other Act, all Federal agencies are
authorized to receive and use funds resulting from the sale of materials
recovered through recycling or waste prevention programs. Such funds
shall be available until expended for the following purposes:
(1) Acquisition, waste reduction and prevention and
recycling programs as described in Executive Order 12873
(October 20, 1993), including any such programs adopted prior to
the effective date of the Executive Order.
(2) Other Federal agency environmental management programs,
including but not limited to, the development and implementation
of hazardous waste management and pollution prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 609. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations
and agencies subject to chapter 91 of title 31, United States Code,
shall be available, in addition to objects for which such funds are
otherwise available, for rent in the District of Columbia;
[[Page 109 STAT. 499]]
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. <<NOTE: Rent.>> 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. <<NOTE: Postal service. Law enforcement and crime.>> 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
[[Page 109 STAT. 500]]
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. <<NOTE: Locality pay. 5 USC 5343 note.>> (a)
Notwithstanding any other provision of law, and except as otherwise
provided in this section, no part of any of the funds appropriated for
the fiscal year ending on September 30, 1996, by this or any other Act,
may be used to pay any prevailing rate employee described in section
5342(a)(2)(A) of title 5, United States Code--
(1) during the period from the date of expiration of the
limitation imposed by section 617 of the Treasury, Postal
Service and General Government Appropriations Act, 1995, until
the normal effective date of the applicable wage survey
adjustment that is to take effect in fiscal year 1996, in an
amount that exceeds the rate payable for the applicable grade
and step of the applicable wage schedule in accordance with such
section 617; and
(2) during the period consisting of the remainder of fiscal
year 1996, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under paragraph (1) by more
than the sum of--
(A) the percentage adjustment taking effect in
fiscal year 1996 under section 5303 of title 5, United
States Code, in the rates of pay under the General
Schedule; and
(B) the difference between the overall average
percentage of the locality-based comparability payments
taking effect in fiscal year 1996 under section 5304 of
such title (whether by adjustment or otherwise), and the
overall average percentage of such payments which was
effective in fiscal year 1995 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) <<NOTE: Regulations.>> For the purposes of this section, the
rates payable to an employee who is covered by this section and who is
paid from a schedule not in existence on September 30, 1995, shall be
determined under regulations prescribed by the Office of Personnel
Management.
(d) Notwithstanding any other provision of law, rates of premium pay
for employees subject to this section may not be changed from the rates
in effect on September 30, 1995, except to the extent determined by the
Office of Personnel Management to be consistent with the purpose of this
section.
(e) <<NOTE: Effective date.>> This section shall apply with respect
to pay for service performed after September 30, 1995.
(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
[[Page 109 STAT. 501]]
basic pay payable after the application of this section shall be treated
as the rate of salary or basic pay.
(g) Nothing in this section shall be considered to permit or require
the payment to any employee covered by this section at a rate in excess
of the rate that would be payable were this section not in effect.
(h) The Office of Personnel Management may provide for exceptions to
the limitations imposed by this section if the Office determines that
such exceptions are necessary to ensure the recruitment or retention of
qualified employees.
Sec. 617. During the period in which the head of any department or
agency, or any other officer or civilian employee of the Government
appointed by the President of the United States, holds office, no funds
may be obligated or expended in excess of $5,000 to furnish or
redecorate the office of such department head, agency head, officer or
employee, or to purchase furniture or make improvements for any such
office, unless advance notice of such furnishing or redecoration is
expressly approved by the Committees on Appropriations of the House and
Senate. For the purposes of this section, the word ``office'' shall
include the entire suite of offices assigned to the individual, as well
as any other space used primarily by the individual or the use of which
is directly controlled by the individual.
Sec. 618. Notwithstanding any other provision of law, no executive
branch agency shall purchase, construct, and/or lease any additional
facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without the advance approval of the House and Senate Committees on
Appropriations.
Sec. 619. <<NOTE: Telecommunications.>> Notwithstanding section 1346
of title 31, United States Code, or Sec. 613 of this Act, funds made
available for fiscal year 1996 by this or any other Act shall be
available for the interagency funding of national security and emergency
preparedness telecommunications initiatives which benefit multiple
Federal departments, agencies, or entities, as provided by Executive
Order Numbered 12472 (April 3, 1984).
Sec. 620. <<NOTE: 31 USC 1348 note.>> Notwithstanding any provisions
of this or any other Act, during the fiscal year ending September 30,
1996, and hereafter, any department, division, bureau, or office may use
funds appropriated by this or any other Act to install telephone lines,
and necessary equipment, and to pay monthly charges, in any private
residence or private apartment of an employee who has been authorized to
work at home in accordance with guidelines issued by the Office of
Personnel Management: Provided, That the head of the department,
division, bureau, or office certifies that adequate safeguards against
private misuse exist, and that the service is necessary for direct
support of the agency's mission.
Sec. 621. (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
[[Page 109 STAT. 502]]
created solely or primarily in order to detail the employee to the White
House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed services detailed to or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense for the
collection of specialized national foreign intelligence through
reconnaissance programs;
(5) the Bureau of Intelligence and Research of the
Department of State;
(6) any agency, office, or unit of the Army, Navy, Air
Force, and Marine Corps, the Federal Bureau of Investigation and
the Drug Enforcement Administration of the Department of
Justice, the Department of Transportation, the Department of the
Treasury, and the Department of Energy performing intelligence
functions; and
(7) the Director of Central Intelligence.
Sec. 622. <<NOTE: Drug-free workplace.>> No department, agency, or
instrumentality of the United States receiving appropriated funds under
this or any other Act for fiscal year 1996 shall obligate or expend any
such funds, unless such department, agency or instrumentality has in
place, and will continue to administer in good faith, a written policy
designed to ensure that all of its workplaces are free from
discrimination and sexual harassment and that all of its workplaces are
not in violation of title VII of the Civil Rights Act of 1964, as
amended, the Age Discrimination in Employment Act of 1967, and the
Rehabilitation Act of 1973.
Sec. 623. No part of any appropriation contained in this Act may be
used to pay for the expenses of travel of employees, including employees
of the Executive Office of the President, not directly responsible for
the discharge of official governmental tasks and duties: Provided, That
this restriction shall not apply to the family of the President, Members
of Congress or their spouses, Heads of State of a foreign country or
their designee(s), persons providing assistance to the President for
official purposes, or other individuals so designated by the President.
Sec. 624. <<NOTE: President. Certification. 5 USC 7301
note.>> Notwithstanding any provision of law, the President, or his
designee, must certify to Congress, annually, that no person or persons
with direct or indirect responsibility for administering the Executive
Office of the President's Drug-Free Workplace Plan are themselves
subject to a program of individual random drug testing.
Sec. 625. <<NOTE: Conservation. 42 USC 8256 note.>> (a) Beginning in
fiscal year 1996 and thereafter, for each Federal agency, except the
Department of Defense (which has separate authority), and except as
provided in Public Law 102-393, title IV, section 13 (40 U.S.C. 490g)
with respect to the Fund established pursuant to 40 U.S.C. 490(f), an
amount equal to 50 percent of--
(1) the amount of each utility rebate received by the agency
for energy efficiency and water conservation measures, which the
agency has implemented; and
(2) the amount of the agency's share of the measured energy
savings resulting from energy-savings performance contracts,
[[Page 109 STAT. 503]]
may be retained and credited to accounts that fund energy and water
conservation activities at the agency's facilities, and shall remain
available until expended for additional specific energy efficiency or
water conservation projects or activities, including improvements and
retrofits, facility surveys, additional or improved utility metering,
and employee training and awareness programs, as authorized by section
152(f) of the Energy Policy Act (Public Law 102-486).
(b) The remaining 50 percent of each rebate, and the remaining 50
percent of the amount of the agency's share of savings from energy-
savings performance contracts, shall be transferred to the General Fund
of the Treasury at the end of the fiscal year in which received.
Sec. 627. <<NOTE: Employee training.>> (a) None of the funds made
available in this Act may be obligated or expended for any employee
training when it is made known to the Federal official having authority
to obligate or expend such funds that such employee training--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988;
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace; or
(6) includes content related to human immunodeficiency
virus/acquired immune deficiency syndrome (HIV/AIDS) other than
that necessary to make employees more aware of the medical
ramifications of HIV/AIDS and the workplace rights of HIV-
positive employees.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing directly
upon the performance of official duties.
Sec. 628. <<NOTE: Nondisclosure.>> No funds appropriated in this or
any other Act for fiscal year 1996 may be used to implement or enforce
the agreements in Standard Forms 312 and 4355 of the Government or any
other nondisclosure policy, form or agreement if such policy, form or
agreement does not contain the following provisions: ``These
restrictions are consistent with and do not supersede, conflict with or
otherwise alter the employee obligations, rights or liabilities created
by Executive Order 12356; section 7211 of title 5, United States Code
(governing disclosures to Congress); section 1034 of title 10, United
States Code, as amended by the Military Whistleblower Protection Act
(governing disclosure to Congress by members of the military); section
2302(b)(8) of title 5, United States Code, as amended by the
Whistleblower Protection Act (governing disclosures of illegality,
waste, fraud, abuse or public health or safety threats); the
Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.)
(governing disclosures that could expose confidential Government
agents), and the statutes which protect against disclosure that may
compromise the national security, including sections
[[Page 109 STAT. 504]]
641, 793, 794, 798, and 952 of title 18, United States Code, and section
4(b) of the Subversive Activities Act of 1950 (50 U.S.C. section
783(b)). The definitions, requirements, obligations, rights, sanctions
and liabilities created by said Executive Order and listed statutes are
incorporated into this agreement and are controlling'': Provided, That
notwithstanding the preceding paragraph, a nondisclosure policy form or
agreement that is to be executed by a person connected with the conduct
of an intelligence or intelligence-related activity, other than an
employee or officer of the United States Government, may contain
provisions appropriate to the particular activity for which such
document is to be used. Such <<NOTE: Classified information.>> form or
agreement shall, at a minimum, require that the person will not disclose
any classified information received in the course of such activity
unless specifically authorized to do so by the United States Government.
Such nondisclosure forms must also make it clear that they do not bar
disclosures to Congress or to an authorized official of an executive
agency or the Department of Justice that are essential to reporting a
substantial violation of law.
Sec. 629. <<NOTE: Contracts. Telecommunications.>> (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) that agency's requirements for such procurement
are unique and cannot be satisfied by property and
service procured by the Administrator of General
Services as part of the procurement known as
``FTS2000''; and
(B) the agency procurement, pursuant to such
delegation, would be cost-effective and would not
adversely affect the cost-effectiveness of the FTS2000
procurement.
(b) <<NOTE: Effective date.>> After July 31, 1996, subsection (a)
shall apply only if the Administrator of General Services has reported
that the FTS2000 procurement is producing prices that allow the
Government to satisfy its requirements for such procurement in the most
cost-effective manner.
(c) <<NOTE: Reports.>> The Comptroller General of the United
States shall conduct and deliver a comprehensive analysis of the cost to
the Federal Government of all Federal agency telecommunications services
and traffic, by agency, and provide such report to the House and Senate
Committees on Appropriations by no later than May 31, 1996: Provided,
That such report shall (1) identify which agencies are using FTS2000
systems; (2) determine whether or not such usage is cost-effective; and
(3) provide a comparison of telecommunication costs between agencies
that use or do not use FTS2000.
Sec. 630. (a) Section 4-607(18) of title 4 of the District of
Columbia Code, is amended by inserting ``the United States Secret
Service Uniformed Division, the United States Secret Service Division,''
after ``average pay of a member who was an officer or member of''.
[[Page 109 STAT. 505]]
(b) Section 4-622 of title 4 of the District of Columbia Code, is
amended--
(A) in subsection (b)(1)(A) by striking out ``Of the basis
upon which the annuity, relief, or retirement compensation being
received by such former member at the time of death was
computed'' and inserting in lieu thereof ``Of the adjusted
average pay of such former member'';
(B) in subsection (c)(1)(A)(ii), by striking out ``The basis
upon which the former member's annuity at the time of death was
computed'' and inserting in lieu thereof ``The adjusted average
pay of the former member''; and
(C) in subsection (c)(2)(B), by striking out the colon after
``United States Secret Service Division'' through clause (iii)
and inserting in lieu thereof ``, 75 percent of the adjusted
average pay of the former member, divided by the number of
eligible children; or''.
Sec. 631. (a) Section 5402 of title 39, United States Code, is
amended--
(1) in subsection (f) by striking out ``During the period
beginning January 1, 1985, and ending January 1, 1999, the'' and
inserting in lieu thereof ``The''; and
(2) in subsection (g)(1) by amending subparagraph (D) to
read as follows:
``(D) <<NOTE: Alaska.>> have provided scheduled
service within the State of Alaska for at least 12
consecutive months with aircraft--
``(i) up to 7,500 pounds payload capacity
before being selected as a carrier of nonpriority
bypass mail at an applicable intra-Alaska bush
service mail rate; and
``(ii) over 7,500 pounds payload capacity
before being selected as a carrier of nonpriority
bypass mail at the intra-Alaska mainline service
mail rate.''.
(b)(1) <<NOTE: Effective date. 39 USC 5402 note.>> Subject to
paragraph (2), the amendment made by subsection (a) shall be effective
on and after August 1, 1995.
(2) Subparagraph (D) of section 5402(g)(1) title 39, United States
Code (as in effect before the amendment made under subsection (a)),
shall apply to a carrier, if such carrier--
(A) has an application pending before the Department of
Transportation for approval under section 41102 or 41110(e) of
title 39, United States Code, before August 1, 1995; and
(B) would meet the requirements of such subparagraph if such
application were approved and such certificate were purchased.
(c) Section 41901(g) of title 49, United States Code, is repealed.
Sec. 632. Limitation on use of Funds for the Provision of Certain
Foreign Assistance.--
(a) In General.--Notwithstanding any other provision of law, none
of the funds made available by this Act for the Department of the
Treasury shall be available for any activity or for paying the salary of
any Government employee where funding an activity or paying a salary to
a Government employee would result in a decision, determination, rule,
regulation, or policy that would permit the Secretary of the Treasury to
make any loan or extension of credit under section 5302 of title 31,
United States Code, with respect to a single foreign entity or
government of a foreign country (including agencies or other entities of
that government)--
[[Page 109 STAT. 506]]
(1) with respect to a loan or extension of credit for more
than 60 days, unless the President certifies to the Committee on
Banking, Housing, and Urban Affairs of the Senate and the
Committee on Banking and Financial Services of the House of
Representatives that--
(A) there is no projected cost (as that term is
defined in section 502 of the Federal Credit Reform Act
of 1990) to the United States from the proposed loan or
extension of credit; and
(B) any proposed obligation or expenditure of United
States funds to or on behalf of the foreign government
is adequately backed by an assured source of repayment
to ensure that all United States funds will be repaid;
and
(2) other than as provided by an Act of Congress, if that
loan or extension of credit would result in expenditures and
obligations, including contingent obligations, aggregating more
than $1,000,000,000 with respect to that foreign country for
more than 180 days during the 12-month period beginning on the
date on which the first such action is taken.
(b) Waiver of Limitations.--The President may exceed the dollar
and time limitations in subsection (a)(2) if he certifies in writing to
the Congress that a financial crisis in that foreign country poses a
threat to vital United States economic interests or to the stability of
the international financial system.
(c) Expedited Procedures for a Resolution of Disapproval.--A
presidential certification pursuant to subsection (b) shall not take
effect, if the Congress, within thirty calendar days after receiving
such certification, enacts a joint resolution of disapproval, as
described in paragraph (5) of this subsection.
(1) Reference to committees.--All joint resolutions
introduced in the Senate to disapprove the certification shall
be referred to the Committee on Banking, Housing and Urban
Affairs, and in the House of Representatives, to the appropriate
committees.
(2) Discharge of committees.--(A) If the committee of either
House to which a resolution has been referred has not reported
it at the end of 15 days after its introduction, it is in order
to move either to discharge the committee from further
consideration of the joint resolution or to discharge the
committee from further consideration of any other resolution
introduced with respect to the same matter, except no motion to
discharge shall be in order after the committee has reported a
joint resolution with respect to the same matter.
(B) A motion to discharge may be made only by an individual
favoring the resolution, and is privileged in the Senate; and
debate thereon shall be limited to not more than 1 hour, the
time to be divided in the Senate equally between, and controlled
by, the majority leader and the minority leader or their
designees.
(3) Floor consideration in the Senate.--(A) A motion in the
Senate to proceed to the consideration of a resolution shall be
privileged.
(B) Debate in the Senate on a resolution, and all debatable
motions and appeals in connection therewith, shall be limited to
not more than 4 hours, to be equally divided between, and
[[Page 109 STAT. 507]]
controlled by, the majority leader and the minority leader or
their designees.
(C) Debate in the Senate on any debatable motion or appeal
in connection with a resolution shall be limited to not more
than 20 minutes, to be equally divided between, and controlled
by, the mover and the manager of the resolution, except that in
the event the manager of the resolution is in favor of any such
motion or appeal, the time in opposition thereto, shall be
controlled by the minority leader or his designee. Such leaders,
or either of them, may, from time under their control on the
passage of a resolution, allot additional time to any Senator
during the consideration of any debatable motion or appeal.
(D) A motion in the Senate to further limit debate on a
resolution, debatable motion, or appeal is not debatable. No
amendment to, or motion to recommit, a resolution is in order in
the Senate.
(4) In the case of a resolution, if prior to the passage by
one House of a resolution of that House, that House receives a
resolution with respect to the same matter from the other House,
then--
(A) the procedure in that House shall be the same as
if no resolution had been received from the other House;
but
(B) the vote on final passage shall be on the
resolution of the other House.
(5) For purposes of this subsection, the term ``joint
resolution'' means only a joint resolution of the 2 Houses of
Congress, the matter after the resolving clause of which is as
follows: ``That the Congress disapproves the action of the
President under section 632(b) of the Treasury, Postal Service,
and General Government Appropriations Act, 1996, notice of which
was submitted to the Congress on .'', with the blank
space being filled with the appropriate date.
(d) Applicability.--This section--
(1) shall not apply to any action taken as part of the
program of assistance to Mexico announced by the President on
January 31, 1995; and
(2) shall remain in effect through fiscal year 1996.
Sec. 633. <<NOTE: 5 USC 5303 note.>> For purposes of each
provision of law amended by section 704(a)(2) of the Ethics Reform Act
of 1989 (5 U.S.C. 5318 note), no adjustment under section 5303 of title
5, United States Code, shall be considered to have taken effect in
fiscal year 1996 in the rates of basic pay for the statutory pay
systems.
Sec. 634. <<NOTE: Museum.>> Notwithstanding any other provision of
law, the United States Customs Service shall transfer, without
consideration, to the National Warplane Museum in Geneseo, New York, 2
seized and forfeited A-37 Dragonfly jets for display and museum
purposes.
Sec. 636. <<NOTE: Prohibition of Cigarette Sales to Minors in
Federal Buildings and Lands Act. 40 USC 486 note.>> This section may be
cited as the ``Prohibition of Cigarette Sales to Minors in Federal
Buildings and Lands Act''.
(a) As used in this section--
(1) the term ``Federal agency'' means--
(A) an Executive agency as defined in section 105 of
title 5, United States Code; and
(B) each entity specified in subparagraphs (B)
through (H) of section 5721(1) of title 5, United States
Code;
[[Page 109 STAT. 508]]
(2) the term ``Federal building'' means--
(A) any building or other structure owned in whole
or in part by the United States or any Federal agency,
including any such structure occupied by a Federal
agency under a lease agreement; and
(B) includes the real property on which such
building is located;
(3) the term ``minor'' means an individual under the age of
18 years; and
(4) the term ``tobacco product'' means cigarettes, cigars,
little cigars, pipe tobacco, smokeless tobacco, snuff, and
chewing tobacco.
(b)(1) <<NOTE: Regulations.>> No later than 45 days after the date
of the enactment of this Act, the Administrator of General Services and
the head of each Federal agency shall promulgate regulations that
prohibit--
(A) the sale of tobacco products in vending machines located
in or around any Federal building under the jurisdiction of the
Administrator or such agency head; and
(B) the distribution of free samples of tobacco products in
or around any Federal building under the jurisdiction of the
Administrator or such agency head.
(2) The Administrator of General Services or the head of an
agency, as appropriate, may designate areas not subject to the
provisions of paragraph (1), if such area also prohibits the presence of
minors.
(3) The provisions of this subsection shall be carried out--
(A) by the Administrator of General Services for any Federal
building which is maintained, leased, or has title of ownership
vested in the General Services Administration; or
(B) by the head of a Federal agency for any Federal building
which is maintained, leased, or has title of ownership vested in
such agency.
(c) <<NOTE: Reports.>> No later than 90 days after the date of
enactment of this Act, the Administrator of General Services and each
head of an agency shall prepare and submit, to the appropriate
committees of Congress, a report that shall contain--
(1) verification that the Administrator or such head of an
agency is in compliance with this section; and
(2) a detailed list of the location of all tobacco product
vending machines located in Federal buildings under the
administration of the Administrator or such head of an agency.
(d)(1) <<NOTE: Regulations.>> No later than 45 days after the date
of the enactment of this Act, the Senate Committee on Rules and
Administration and the House of Representatives Committee on House
Oversight, after consultation with the Architect of the Capitol, shall
promulgate regulations under the Senate and House of Representatives
rulemaking authority that prohibit the sale of tobacco products in
vending machines in the Capitol Buildings.
(2) Such committees may designate areas where such prohibition
shall not apply, if such area also prohibits the presence of minors.
(3) For the purpose of this section the term ``Capitol Buildings''
shall have the same meaning as such term is defined under section
16(a)(1) of the Act entitled ``An Act to define the area of the United
States Capitol Grounds, to regulate the use thereof, and for other
purposes'', approved July 31, 1946 (40 U.S.C. 193m(1)).
[[Page 109 STAT. 509]]
(e) Nothing in this section shall be construed as restricting the
authority of the Administrator of General Services or the head of an
agency to limit tobacco product use in or around any Federal building,
except as provided under subsection (b)(1).
Sec. 637. <<NOTE: Taxes. 26 USC 7801 note.>> National Commission on
Restructuring the Internal Revenue Service.--
(a) Findings.--The Congress finds the following:
(1) While the budget for the Internal Revenue Service
(hereafter referred to as the ``IRS'') has risen from $2.5
billion in fiscal year 1979 to $7.3 billion in fiscal year 1996,
tax returns processing has not become significantly faster, tax
collection rates have not significantly increased, and the
accuracy and timeliness of taxpayer assistance has not
significantly improved.
(2) To date, the Tax Systems Modernization (TSM) program has
cost the taxpayers $2.5 billion, with an estimated cost of $8
billion. Despite this investment, modernization efforts were
recently described by the GAO as ``chaotic'' and ``ad hoc''.
(3) While the IRS maintains that TSM will increase
efficiency and thus revenues, Congress has had to appropriate
additional funds in recent years for compliance initiatives in
order to increase tax revenues.
(4) Because TSM has not been implemented, the IRS continues
to rely on paper returns, processing a total of 14 billion
pieces of paper every tax season. This results in an extremely
inefficient system.
(5) This lack of efficiency reduces the level of customer
service and impedes the ability of the IRS to collect revenue.
(6) The present status of the IRS shows the need for the
establishment of a Commission which will examine the
organization of IRS and recommend actions to expedite the
implementation of TSM and improve service to taxpayers.
(b) Composition of the Commission.--
(1) Establishment.--To carry out the purposes of this
section, there is established a National Commission on
Restructuring the Internal Revenue Service (in this section
referred to as the ``Commission'').
(2) Composition.--The Commission shall be composed of
thirteen members, as follows:
(A) <<NOTE: President.>> Five members appointed by
the President, two from the executive branch of the
Government, two from private life, and one from an
organization that represents a substantial number of
Internal Revenue Service employees.
(B) Two members appointed by the Majority Leader of
the Senate, one from Members of the Senate and one from
private life.
(C) Two members appointed by the Minority Leader of
the Senate, one from Members of the Senate and one from
private life.
(D) Two members appointed by the Speaker of the
House of Representatives, one from Members of the House
of Representatives and one from private life.
(E) Two members appointed by the Minority Leader of
the House of Representatives, one from Members of the
House of Representatives and one from private life.
[[Page 109 STAT. 510]]
The Commissioner of the Internal Revenue Service shall be an ex
officio member of the Commission.
(3) Chairman.--The Commission shall elect a Chairman from
among its members.
(4) Meeting; quorum; vacancies.--After its initial meeting,
the Commission shall meet upon the call of the Chairman or a
majority of its members. Seven members of the Commission shall
constitute a quorum. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made.
(5) Appointment; initial meeting.--
(A) Appointment.--It is the sense of the Congress
that members of the Committee should be appointed not
more than 60 days after the date of the enactment of
this section.
(B) Initial meeting.--If, after 60 days from the
date of the enactment of this section, seven or more
members of the Commission have been appointed, members
who have been appointed may meet and select a Chairman
who thereafter shall have the authority to begin the
operations of the Commission, including the hiring of
staff.
(c) Functions of Commission.--
(1) In general.--The functions of the Commission shall be--
(A) to conduct, for a period of not to exceed one
year from the date of its first meeting, the review
described in paragraph (2), and
(B) <<NOTE: Reports.>> to submit to the Congress a
final report of the results of the review, including
recommendations for restructuring the IRS.
(2) Review.--The Commission shall review--
(A) the present practices of the IRS, especially
with respect to--
(i) its organizational structure;
(ii) its paper processing and return
processing activities;
(iii) its infrastructure; and
(iv) the collection process;
(B) requirements for improvement in the following
areas:
(i) making returns processing ``paperless'';
(ii) modernizing IRS operations;
(iii) improving the collections process
without major personnel increases or increased
funding;
(iv) improving taxpayer accounts management;
(v) improving the accuracy of information
requested by taxpayers in order to file their
returns; and
(vi) changing the culture of the IRS to make
the organization more efficient, productive, and
customer-oriented;
(C) whether the IRS could be replaced with a quasi-
governmental agency with tangible incentives and
internally managing its programs and activities and for
modernizing its activities, and
[[Page 109 STAT. 511]]
(D) whether the IRS could perform other collection,
information, and financial service functions of the
Federal Government.
(d) Powers of the Commission.--
(1) In general.--(A) The Commission or, on the authorization
of the Commission, any subcommittee or member thereof, may, for
the purpose of carrying out the provisions of this section--
(i) hold such hearings and sit and act at such times
and places, take such testimony, receive such evidence,
administer such oaths, and
(ii) require, by subpoena or otherwise, the
attendance and testimony of such witnesses and the
production of such books, records, correspondence,
memoranda, papers, and documents, as the Commission or
such designated subcommittee or designated member may
deem advisable.
(B) Subpoenas issued under subparagraph (A)(ii) may be
issued under the signature of the Chairman of the Commission,
the chairman of any designated subcommittee, or any designated
member, and may be served by any person designated by such
Chairman, subcommittee chairman, or member. The provisions of
sections 102 through 104 of the Revised Statutes of the United
States (2 U.S.C. 192-194) shall apply in the case of any failure
of any witness to comply with any subpoena or to testify when
summoned under authority of this section.
(2) Contracting.--The Commission may, to such extent and in
such amounts as are provided in appropriation Acts, enter into
contracts to enable the Commission to discharge its duties under
this section.
(3) Information from federal agencies.--The Commission is
authorized to secure directly from any executive department,
bureau, agency, board, commission, office, independent
establishment, or instrumentality of the Government,
information, suggestions, estimates, and statistics for the
purposes of this section. Each such department, bureau, agency,
board, commission, office, establishment, or instrumentality
shall, to the extent authorized by law, furnish such
information, suggestions, estimates, and statistics directly to
the Commission, upon request made by the Chairman.
(4) Assistance from federal agencies.--(A) The Secretary of
the Treasury is authorized on a nonreimbursable basis to provide
the Commission with administrative services, funds, facilities,
staff, and other support services for the performance of the
Commission's functions.
(B) The Administrator of General Services shall provide to
the Commission on a nonreimbursable basis such administrative
support services as the Commission may request.
(C) In addition to the assistance set forth in subparagraphs
(A) and (B), departments and agencies of the United States are
authorized to provide to the Commission such services, funds,
facilities, staff, and other support services as they may deem
advisable and as may be authorized by law.
(5) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions as
departments and agencies of the United States.
(e) Staff of the Commission.--
[[Page 109 STAT. 512]]
(1) In general.--The Chairman, in accordance with rules
agreed upon by the Commission, may appoint and fix the
compensation of a staff director and such other personnel as may
be necessary to enable the Commission to carry out its
functions, without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service,
and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except that no
rate of pay fixed under this subsection may exceed the
equivalent of that payable to a person occupying a position at
level V of the Executive Schedule under section 5316 of title 5,
United States Code. Any Federal Government employee may be
detailed to the Commission without reimbursement from the
Commission, and such detailee shall retain the rights, status,
and privileges of his or her regular employment without
interruption.
(2) Consultant services.--The Commission is authorized to
procure the services of experts and consultants in accordance
with section 3109 of title 5, United States Code, but at rates
not to exceed the daily rate paid a person occupying a position
at level IV of the Executive Schedule under section 5315 of
title 5, United States Code.
(f) Compensation and Travel Expenses.--
(1) Compensation.--(A) Except as provided in subparagraph
(B), each member of the Commission may be compensated at not to
exceed the daily equivalent of the annual rate of basic pay in
effect for a position at level IV of the Executive Schedule
under section 5315 of title 5, United States Code, for each day
during which that member is engaged in the actual performance of
the duties of the Commission.
(B) Members of the Commission who are officers or employees
of the United States or Members of Congress shall receive no
additional pay on account of their service on the Commission.
(2) Travel expenses.--While away from their homes or regular
places of business in the performance of services for the
Commission, members of the Commission shall be allowed travel
expenses, including per diem in lieu of subsistence, in the same
manner as persons employed intermittently in the Government
service are allowed expenses under section 5703(b) of title 5,
United States Code.
(g) Final Report of Commission; Termination.--
(1) Final report.--Not later than one year after the date of
the first meeting of the Commission, the Commission shall submit
to the Congress its final report, as described in subsection
(c)(2).
(2) Termination.--(A) The Commission, and all the
authorities of this section, shall terminate on the date which
is 60 days after the date on which a final report is required to
be transmitted under paragraph (1).
(B) The Commission may use the 60-day period referred to in
subparagraph (A) for the purpose of concluding its activities,
including providing testimony to committees of Congress
concerning its final report and disseminating that report.
(h) Authorization of Appropriations.--Such sums as may be
necessary are authorized to be appropriated for the activities of the
Commission.
[[Page 109 STAT. 513]]
(i) Appropriations.--Notwithstanding any other provision of this
Act, $1,000,000 shall be available from fiscal year 1996 funds
appropriated to the Internal Revenue Service, ``Information systems''
account, for the activities of the Commission, to remain available until
expended.
Sec. 638. <<NOTE: Reports.>> The Administrator of General Services
shall, within six months of enactment of this Act, report to Congress on
the feasibility of leasing agreements with State and local governments
and private sponsors for the construction of border stations on the
borders of the United States with Canada and Mexico whereby--
(1) lease payments shall not exceed 30 years for payment of
the purchase price and interest;
(2) an agreement entered into under such provisions shall
provide for the title to the property and facilities to vest in
the United States on or before the expiration of the contract
term, on fulfillment of the terms and conditions of the
agreement.
Sec. 639. Transfer of Certain Federal Property in New Jersey.--The
first section of the Act entitled ``An Act transferring certain Federal
property to the city of Hoboken, New Jersey'', approved September 27,
1982 (Public Law 97-268; 96 Stat. 1140), is amended--
(1) in subsection (a), by adding ``and'' at the end; and
(2) by striking ``Stat. 220), and'' in subsection (b) and
all that follows through ``New Jersey; concurrent with'' and
inserting the following: ``Stat. 220);
concurrent with''.
Sec. 640. <<NOTE: 5 USC 8401 note.>> Service performed during the
period January 1, 1984, through December 31, 1986, which would, if
performed after that period, be considered service as a law enforcement
officer, as defined in section 8401(17) (A)(i)(II) and (B) of title 5,
United States Code, shall be deemed service as a law enforcement officer
for the purposes of chapter 84 of such title.
This Act may be cited as the ``Treasury, Postal Service, and General
Government Appropriations Act, 1996''.
Approved November 19, 1995.
LEGISLATIVE HISTORY--H.R. 2020:
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HOUSE REPORTS: Nos. 104-183 (Comm. on Appropriations) and 104-291 (Comm.
of Conference).
SENATE REPORTS: No. 104-121 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 141 (1995):
July 18, 19, considered and passed House.
Aug. 5, considered and passed Senate, amended.
Nov. 15, House agreed to conference report; disagreed to
Senate amendment. Senate agreed to conference report;
receded from its amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 31 (1995):
Nov. 19, Presidential statement.
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