[105th Congress Public Law 61]
[From the U.S. Government Printing Office]
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TREASURY AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 1998
[[Page 111 STAT. 1272]]
Public Law 105-61
105th Congress
An Act
<<NOTE: Oct. 10, 1997 - [H.R. 2378]>> 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, 1998, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Treasury and
General Government Appropriations Act, 1998.>> That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 1998, and for
other purposes, namely:
<<NOTE: Treasury Department Appropriations Act, 1998.>> TITLE I--
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Annex; hire of
passenger motor vehicles; maintenance, repairs, and improvements of, and
purchase of commercial insurance policies for, real properties leased or
owned overseas, when necessary for the performance of official business;
not to exceed $2,900,000 for official travel expenses; not to exceed
$150,000 for official reception and representation expenses; not to
exceed $258,000 for unforeseen emergencies of a confidential nature, to
be allocated and expended under the direction of the Secretary of the
Treasury and to be accounted for solely on his certificate;
$114,771,000: Provided, That section 113(2) of the Fiscal Year 1997
Department of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, Public Law 104-208 (110 Stat. 3009-
22) <<NOTE: 18 USC 841 note.>> is amended by striking ``12 months'' and
inserting in lieu thereof ``2 years'': Provided further, That the Office
of Foreign Assets Control shall be funded at no less than $4,500,000:
Provided further, That chapter 9 of the fiscal year 1997 Supplemental
Appropriations Act for Recovery from Natural Disasters, and for Overseas
Peacekeeping Efforts, including those in Bosnia, Public Law 105-18 (111
Stat. 195-96) is amended by inserting after the ``County of Denver'' in
each instance ``the County of Arapahoe'': Provided further, That
$200,000 are provided to conduct a comprehensive study of gambling's
effects on bankruptcies in the United States: Provided further, That for
necessary expenses of the Office of Enforcement, including, but not
limited to, making transfers of funds to Treasury bureaus and offices
for programs, projects or initiatives directed as the investigation or
prosecution of violent crime, $1,600,000, to remain
[[Page 111 STAT. 1273]]
available until expended, to be derived from balances available in the
Violent Crime Reduction Trust Fund.
Office of Professional Responsibility
salaries and expenses
For necessary expenses of the Office of Professional Responsibility,
including purchase and hire of passenger motor vehicles, $1,250,000:
Provided, That the Under Secretary of Treasury for Enforcement shall
task the Office of Professional Responsibility to conduct a
comprehensive review of integrity issues and other matters related to
the potential vulnerability of the United States Customs Service to
corruption, to include examination of charges of professional misconduct
and corruption as well as analysis of the efficacy of departmental and
bureau internal affairs systems.
Automation Enhancement
(including transfer of funds)
For the development and acquisition of automatic data processing
equipment, software, and services for the Department of the Treasury,
$25,889,000, of which $11,000,000 shall be available to the United
States Customs Service for the Automated Commercial Environment project,
of which $6,100,000 shall be available to Departmental Offices for the
International Trade Data System, and of which $8,789,000 shall be
available to Departmental Offices to modernize its information
technology infrastructure and for business solution software: Provided,
That these funds shall remain available until September 30, 1999:
Provided further, That these funds shall be transferred to accounts and
in amounts as necessary to satisfy the requirements of the Department's
offices, bureaus, and other organizations: Provided further, That this
transfer authority shall be in addition to any other transfer authority
provided in this Act: Provided further, That none of the funds
appropriated shall be used to support or supplement Internal Revenue
Service appropriations for Information Systems: Provided further, That
of the $27,000,000 provided under this heading in Public Law 104-208,
$12,000,000 shall remain available until September 30, 1999: Provided
further, <<NOTE: Reports.>> That none of the funds appropriated for the
International Trade Data System may be obligated until the Department
has submitted a report on its system development plan to the Committees
on Appropriations: Provided further, That the funds appropriated for the
Automated Commercial Environment project may not be obligated until the
Commissioner of Customs has submitted a systems architecture plan and a
milestone schedule for the development and implementation of all
projects included in the systems architecture plan, and the plan and
schedule have been reviewed by the General Accounting Office and
approved by the Committees on Appropriations.
[[Page 111 STAT. 1274]]
Office of Inspector General
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, not to exceed $2,000,000 for official travel expenses;
including hire of passenger motor vehicles; and not to exceed $100,000
for unforeseen emergencies of a confidential nature, to be allocated and
expended under the direction of the Inspector General of the Treasury;
$29,719,000, of which $26,034 shall be transferred to the ``Departmental
Offices'' appropriation for the reimbursement of Secret Service
personnel in accordance with section 115 of this Act.
Treasury Building and Annex Repair and Restoration
For the repair, alteration, and improvement of the Treasury Building
and Annex, $10,484,000, to remain available until September 30, 1999.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; travel expenses of non-
Federal law enforcement personnel to attend meetings concerned with
financial intelligence activities, law enforcement, and financial
regulation; not to exceed $14,000 for official reception and
representation expenses; and for assistance to Federal law enforcement
agencies, with or without reimbursement; $22,835,000: Provided, That
funds appropriated in this account may be used to procure personal
services contracts.
Violent Crime Reduction Programs
(including transfer of funds)
For activities authorized by Public Law 103-322, to remain available
until expended, which shall be derived from the Violent Crime Reduction
Trust Fund, as follows:
(1) As authorized by section 190001(e), $131,000,000; of which
$19,421,000 shall be available to the Bureau of Alcohol, Tobacco and
Firearms, including $3,000,000 for administering the Gang Resistance
Education and Training program, $3,974,000 for the canine explosives
detection program, $5,200,000 for CEASEFIRE/IBIS, $5,639,000 for
vehicles and communications systems, and $1,608,000 for collection of
information on arson and explosives; of which $1,000,000 shall be
available to the Financial Crimes Enforcement Network for the Secure
Outreach/Encrypted Transmission Program; of which $15,731,000 shall be
available to the United States Secret Service, including $6,700,000 for
vehicle replacement, $1,460,000 to provide technical assistance and to
assess the effectiveness of new technology intended to combat identity-
based crimes, $5,000,000 for investigations of counterfeiting, and
$2,571,000 for forensic and related support of investigations
[[Page 111 STAT. 1275]]
of missing and exploited children, of which $571,000 shall be available
as a grant for activities related to the investigations of exploited
children and shall remain available until expended; of which $60,648,000
shall be available for the United States Customs
Service, including $15,000,000 for high energy container x-ray systems
and automated targeting systems, $5,735,000 for laboratory
modernization, $7,400,000 for vehicle replacement, $8,413,000 for anti-
smuggling inspectors, $9,500,000 for the passenger processing
initiative, $4,000,000 for redeploying agents and inspectors to high
threat drug zones, $4,500,000 for Forward-Looking Infrared capabilities,
$1,100,000 for construction of canopies for inspection of outbound
vehicles along the Southwest border, and $5,000,000 to acquire vehicle
and container inspection systems; of which $20,200,000 shall be
available to the Office of National Drug Control Policy, including
$13,000,000 to the Counterdrug Technology Assessment Center for a
program to transfer technology to State and local law enforcement
agencies, $6,000,000 for a Federal Drug Free-Prison Zone demonstration
project, and $1,200,000 for Model State Drug Law Conferences; and of
which $3,000,000 is provided to Federal Drug Control Programs for the
Rocky Mountain HIDTA;
(2) As authorized by section 32401, $10,000,000 to the Bureau of
Alcohol, Tobacco and Firearms for disbursement through grants,
cooperative agreements, or contracts to local governments for Gang
Resistance Education and Training: Provided, That notwithstanding
sections 32401 and 310001, such funds shall be allocated to State and
local law enforcement and prevention organizations;
(3) As authorized by section 180103, $1,000,000 to the Federal Law
Enforcement Training Center for specialized training for rural law
enforcement officers.
Federal Law Enforcement Training Center
salaries and expenses
For necessary expenses of the Federal Law Enforcement
Training Center, as a bureau of the Department of the Treasury,
including materials and support costs of Federal law enforcement basic
training; purchase (not to exceed 52 for police-type use, without regard
to the general purchase price limitation) and hire of passenger motor
vehicles; for expenses for student athletic and related activities;
uniforms without regard to the general purchase price limitation for the
current fiscal year; the conducting of and participating in firearms
matches and presentation of awards; for public awareness and enhancing
community support of law enforcement training; not to exceed $9,500 for
official reception and
representation expenses; room and board for student interns; and
services as authorized by 5 U.S.C. 3109; $64,663,000, of which up to
$13,034,000 for materials and support costs of Federal law enforcement
basic training shall remain available until September 30, 2000:
Provided, <<NOTE: 42 USC 3771 note.>> That the Center is authorized to
accept and use gifts of property, both real and personal, and to accept
services, for authorized purposes, including funding of a gift of
intrinsic value which shall be awarded annually by the Director of the
Center to the outstanding student who graduated from a basic training
program at the Center during the previous fiscal year, which shall be
funded only by gifts received through the Center's gift authority:
Provided further, That notwithstanding any other provision of law,
students attending training at any Federal Law
[[Page 111 STAT. 1276]]
Enforcement Training Center site shall reside in on-Center or Center-
provided housing, insofar as available and in accordance with Center
policy: Provided further, That funds appropriated in this account shall
be available, at the discretion of the Director, for: training United
States Postal Service law enforcement personnel and Postal police
officers; State and local government law enforcement training on a
space-available basis; training of foreign law enforcement officials on
a space-available basis with reimbursement of actual costs to this
appropriation, except that reimbursement may be waived by the Secretary
for law enforcement training activities in foreign countries undertaken
pursuant to section 801 of the Antiterrorism and Effective Death Penalty
Act of 1996, Public Law 104-32; training of private sector security
officials on a
space-available basis with reimbursement of actual costs to this
appropriation; and travel expenses of non-Federal personnel to attend
course development meetings and training at the Center: Provided
further, That the Center is authorized to obligate funds in anticipation
of reimbursements from agencies receiving training at the Federal Law
Enforcement Training Center, except that total obligations at the end of
the fiscal year shall not exceed total budgetary resources available at
the end of the fiscal year: Provided further, That the Federal Law
Enforcement Training Center is authorized to provide short-term medical
services for students undergoing training at the Center.
acquisition, construction, improvements, and related expenses
For expansion of the Federal Law Enforcement Training Center, for
acquisition of necessary additional real property and facilities, and
for ongoing maintenance, facility improvements, and related expenses,
$32,548,000, to remain available until expended.
Interagency Law Enforcement
interagency crime and drug enforcement
For expenses necessary for the detection and investigation of
individuals involved in organized crime drug trafficking, including
cooperative efforts with State and local law enforcement, $73,794,000,
of which $7,827,000 shall remain available until expended.
Financial Management Service
salaries and expenses
For necessary expenses of the Financial Management Service,
$202,490,000, of which not to exceed $13,235,000 shall remain available
until September 30, 2000 for information systems modernization
initiatives: Provided, <<NOTE: 12 USC 391a.>> That beginning in fiscal
year 1998 and thereafter, there are appropriated such sums as may be
necessary to reimburse Federal Reserve Banks in their capacity as
depositaries and fiscal agents for the United States for all services
required or directed by the Secretary of the Treasury to be performed by
such banks on behalf of the Treasury or other Federal agencies.
[[Page 111 STAT. 1277]]
Bureau of Alcohol, Tobacco and Firearms
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco and
Firearms, including purchase of not to exceed 650 vehicles for police-
type use for replacement only and hire of passenger motor vehicles; hire
of aircraft; services of expert witnesses at such rates as may be
determined by the Director; for payment of per diem and/or subsistence
allowances to employees where an assignment to the National Response
Team during the investigation of a bombing or arson incident requires an
employee to work 16 hours or more per day or to remain overnight at his
or her post of duty; not to exceed $12,500 for official reception and
representation expenses; for training of State and local law enforcement
agencies with or without reimbursement, including training in connection
with the training and acquisition of canines for explosives and fire
accelerants detection; and provision of laboratory assistance to State
and local agencies, with or without reimbursement; $478,934,000, of
which $1,250,000 may be used for the Youth Crime Gun Interdiction
Initiative; of which not to exceed $1,000,000 shall be available for the
payment of attorneys' fees as provided by 18 U.S.C. 924(d)(2); and of
which $1,000,000 shall be available for the equipping of any vessel,
vehicle, equipment, or aircraft available for official use by a State or
local law enforcement agency if the conveyance will be used in drug-
related joint law enforcement operations with the Bureau of Alcohol,
Tobacco and Firearms and for the payment of overtime salaries, travel,
fuel, training, equipment, and other similar costs of State and local
law enforcement officers that are incurred in joint operations with the
Bureau of Alcohol, Tobacco and Firearms: Provided, That no funds made
available by this or any other Act may be used to transfer the
functions, missions, or activities of the Bureau of Alcohol, Tobacco and
Firearms to other agencies or Departments in the fiscal year ending on
September 30, 1998: Provided further, That no funds appropriated herein
shall be available for salaries or administrative expenses in connection
with consolidating or centralizing, within the Department of the
Treasury, the records, or any portion thereof, of acquisition and
disposition of firearms maintained by Federal firearms licensees:
Provided further, That no funds appropriated herein shall be used to pay
administrative expenses or the
compensation of any officer or employee of the United States to
implement an amendment or amendments to 27 CFR 178.118 or to change the
definition of ``Curios or relics'' in 27 CFR 178.11 or remove any item
from ATF Publication 5300.11 as it existed on January 1, 1994: Provided
further, That none of the funds appropriated herein shall be available
to investigate or act upon applications for relief from Federal firearms
disabilities under 18 U.S.C. 925(c): Provided further, That such funds
shall be available to investigate and act upon applications filed by
corporations for relief from Federal firearms disabilities under 18
U.S.C. 925(c): Provided further, That no funds in this Act may be used
to provide ballistics imaging equipment to any State or local authority
who has obtained similar equipment through a Federal grant or subsidy
unless the State or local authority agrees to return that equipment or
to repay that grant or subsidy to the Federal Government: Provided
further, That no funds under this Act may be used to
[[Page 111 STAT. 1278]]
electronically retrieve information gathered pursuant to 18 U.S.C.
923(g)(4) by name or any personal identification code.
laboratory facilities
For necessary expenses for construction of a new facility or
facilities to house the Bureau of Alcohol, Tobacco and Firearms National
Laboratory Center and the Fire Investigation Research and Development
Center, not to exceed 185,000 occupiable square feet, $55,022,000 to
remain available until expended: Provided, That these funds shall not be
available until a prospectus for the Laboratory Facilities is reviewed
and resolutions of authorization are approved by the House Committee on
Transportation and Infrastructure and the Senate Committee on
Environment and Public Works.
United States Customs Service
salaries and expenses
For necessary expenses of the United States Customs Service,
including purchase and lease of up to 1,050 motor vehicles of which 985
are for replacement only and of which 1,030 are for police-type use and
commercial operations; hire of motor vehicles; contracting with
individuals for personal services abroad; not to exceed $30,000 for
official reception and representation expenses; and awards of
compensation to informers, as authorized by any Act enforced by the
United States Customs Service; $1,522,165,000, of which such sums as
become available in the Customs User Fee Account, except sums subject to
section 13031(f)(3) of the Consolidated Omnibus Reconciliation Act of
1985, as amended (19 U.S.C. 58c(f)(3)), shall be derived from that
Account; of the total, not to exceed $150,000 shall be available for
payment for rental space in connection with preclearance operations, and
not to exceed $4,000,000 shall be available until expended for research,
not to exceed $5,000,000 shall be available until expended for
conducting special operations pursuant to 19 U.S.C. 2081, and up to
$6,000,000 shall be available until expended for the procurement of
automation infrastructure items, including hardware, software, and
installation: Provided, That uniforms may be purchased without regard to
the general purchase price limitation for the current fiscal year:
Provided further, That $1,250,000 shall be available to fund the Global
Trade and Research Program at the Montana World Trade Center: Provided
further, That notwithstanding any other provision of law, the fiscal
year aggregate overtime limitation prescribed in subsection 5(c)(1) of
the Act of February 13, 1911 (19 U.S.C. 261 and 267) shall be $30,000.
operations, maintenance and procurement, air and marine interdiction
programs
For expenses, not otherwise provided for, necessary for the
operation and maintenance of marine vessels, aircraft, and other related
equipment of the Air and Marine Programs, including operational training
and mission-related travel, and rental payments for facilities occupied
by the air or marine interdiction and demand reduction programs, the
operations of which include: the interdiction of narcotics and other
goods; the provision of support to Customs
[[Page 111 STAT. 1279]]
and other Federal, State, and local agencies in the enforcement or
administration of laws enforced by the Customs Service; and, at the
discretion of the Commissioner of Customs, the provision of assistance
to Federal, State, and local agencies in other law enforcement and
emergency humanitarian efforts; $92,758,000, which shall remain
available until expended: Provided, That no aircraft or other related
equipment, with the exception of aircraft which is one of a kind and has
been identified as excess to Customs requirements and aircraft which has
been damaged beyond repair, shall be transferred to any other Federal
agency, department, or office outside of the Department of the Treasury,
during fiscal year 1998 without the prior approval of the Committees on
Appropriations.
customs services at small airports
(to be derived from fees collected)
<<NOTE: 19 USC 58b-1.>> Beginning in fiscal year 1998 and
thereafter, such sums as may be necessary for expenses for the provision
of Customs services at certain small airports or other facilities when
authorized by law and designated by the Secretary of the Treasury,
including expenditures for the salary and expenses of individuals
employed to provide such services, to be derived from fees collected by
the Secretary pursuant to section 236 of Public Law 98-573 for each of
these airports or other facilities when authorized by law and designated
by the Secretary, and to remain available until expended.
harbor maintenance fee collection
For administrative expenses related to the collection of the Harbor
Maintenance Fee, pursuant to Public Law 103-182, $3,000,000, to be
derived from the Harbor Maintenance Trust Fund and to be transferred to
and merged with the Customs ``Salaries and Expenses'' account for such
purposes.
Bureau of the Public Debt
administering the public debt
For necessary expenses connected with any public-debt issues of the
United States, $173,826,000, of which not to exceed $2,500 shall be
available for official reception and representation expenses, and of
which $2,000,000 shall remain available until September 30, 2000 for
information systems modernization initiatives: Provided, That the sum
appropriated herein from the General Fund for fiscal year 1998 shall be
reduced by not more than $4,400,000 as definitive security issue fees
and Treasury Direct Investor Account Maintenance fees are collected, so
as to result in a final fiscal year 1998 appropriation from the General
Fund estimated at $169,426,000, and in addition, $20,000, to be derived
from the Oil Spill Liability Trust Fund to reimburse the Bureau for
administrative and personnel expenses for financial management of the
Fund, as authorized by section 102 of Public Law 101-380: Provided
further, That notwithstanding any other provisions of law, effective
upon enactment, the Bureau of the Public Debt shall be fully and
directly reimbursed by the funds described in Public Law
[[Page 111 STAT. 1280]]
101-136, title I, section 104, 103 Stat. 789 for costs and services
performed by the Bureau in the administration of such funds.
Internal Revenue Service
processing, assistance, and management
For necessary expenses of the Internal Revenue Service, not
otherwise provided for; including processing tax returns; revenue
accounting; providing tax law and account assistance to taxpayers by
telephone and correspondence; matching information returns and tax
returns; management services; rent and utilities; and inspection;
including purchase (not to exceed 150 for replacement only for police-
type use) and hire of passenger motor vehicles (31 U.S.C. 1343(b)); and
services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner; $2,925,874,000, 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
(including rescission)
For necessary expenses of the Internal Revenue Service for
determining and establishing tax liabilities; tax and enforcement
litigation; technical rulings; examining employee plans and exempt
organizations; investigation and enforcement activities; securing
unfiled tax returns; collecting unpaid accounts; statistics of income
and compliance research; the purchase (for police-type use, not to
exceed 850), and hire of passenger motor vehicles (31 U.S.C. 1343(b));
and services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $3,142,822,000: Provided, That of the
funds appropriated under this heading in Public Law 104-208, $26,000,000
is rescinded and in Public Law 104-52, $6,000,000 is rescinded.
earned income tax credit compliance initiative
For funding essential earned income tax credit compliance and error
reduction initiatives pursuant to section 5702 of the Balanced Budget
Act of 1997 (Public Law 105-33), $138,000,000, of which not to exceed
$10,000,000 may be used to reimburse the Social Security Administration
for the costs of implementing section 1090 of the Taxpayer Relief Act of
1997.
information systems
For necessary expenses for data processing and telecommunications
support for Internal Revenue Service activities, including developmental
information systems and operational information systems; the hire of
passenger motor vehicles (31 U.S.C. 1343(b)); and services as authorized
by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner, $1,272,487,000, which shall be available until September
30, 1999: Provided, That under the heading ``Information Systems'' in
Public Law 104-208 (110 Stat. 3009), the following is deleted: ``of
which no less than $130,075,000 shall be available for Tax Systems
Modernization (TSM) development and deployment'': Provided further, That
the
[[Page 111 STAT. 1281]]
Internal Revenue Service shall submit a reprogramming request, of which
no less than $87,000,000 shall be available for Year 2000 conversion:
Provided further, That none of the funds under this heading, or funds
made available under this heading in any previous Acts, may be obligated
to award or otherwise initiate a Prime contract to implement the
Internal Revenue Service's Modernization Blueprint submitted to Congress
on May 15, 1997, although funds may be used to develop a Request for
Proposals for the Prime contract.
information technology investments
For necessary expenses for the capital asset acquisition of
information technology systems, including management and related
contractual costs of said acquisition, including contractual costs
associated with operations as authorized by 5 U.S.C. 3109, $325,000,000,
which shall remain available until September 30, 2000: Provided, That
none of these funds is available for obligation until September 1, 1998:
Provided further, That none of these funds shall be obligated until the
Internal Revenue Service and the Department of the Treasury submits to
Congress for approval, a plan for expenditure that: (1) implements the
Internal Revenue Service's Modernization Blueprint submitted to Congress
on May 15, 1997; (2) meets the information systems investment guidelines
established by the Office of Management and Budget in the fiscal year
1998 budget; (3) has been reviewed and approved by the Internal Revenue
Service's Investment Review Board, the Office of Management and Budget,
and the Department of the Treasury's Modernization Management Board, and
has been reviewed by the General Accounting Office; (4) meets the
requirements of the May 15, 1997 Internal Revenue Service's Systems Life
Cycle program; and (5) is in compliance with acquisition rules,
requirements, guidelines, and systems acquisition management practices
of the Federal Government.
Administrative Provisions
internal revenue service
Section 101. Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service may be transferred
to any other Internal Revenue Service appropriation upon the advance
approval of the House and Senate Committees on Appropriations.
<<NOTE: 26 USC 7803 note.>> Sec. 102. The Internal Revenue Service
shall maintain a training program to ensure that Internal Revenue
Service employees are trained in taxpayers' rights, in dealing
courteously with the taxpayers, and in cross-cultural relations.
Sec. 103. The funds provided in this Act for the Internal Revenue
Service shall be used to provide, as a minimum, the fiscal year 1995
level of service, staffing, and funding for Taxpayer Services.
Sec. 104. None of the funds appropriated by this title shall be used
in connection with the collection of any underpayment of any tax imposed
by the Internal Revenue Code of 1986 unless the conduct of officers and
employees of the Internal Revenue Service in connection with such
collection, including any private sector employees under contract to the
Internal Revenue Service,
[[Page 111 STAT. 1282]]
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).
<<NOTE: Confidentiality. 26 USC 6103 note.>> Sec. 105. The Internal
Revenue Service shall institute and enforce policies and procedures
which will safeguard the confidentiality of taxpayer information.
Sec. 106. Funds made available by this or any other Act to the
Internal Revenue Service shall be available for improved facilities and
increased manpower to provide sufficient and effective 1-800 help line
for taxpayers. The Commissioner shall continue to make the improvement
of the Internal Revenue Service 1-800 help line service a priority and
allocate resources necessary to increase phone lines and staff to
improve the Internal Revenue Service 1-800 help line service.
Sec. 107. Hereafter, no field support reorganization of the Internal
Revenue Service shall be undertaken in Aberdeen, South Dakota until the
Internal Revenue Service toll-free help phone line assistance program
reaches at least an 80 percent service
level. <<NOTE: Reports. Certification.>> The Commissioner shall submit
to Congress a report and the General Accounting Office shall certify to
Congress that the 80 percent service level has been met.
Sec. 108. Notwithstanding any other provision of law, no
reorganization of the field office structure of the Internal Revenue
Service Criminal Investigation division will result in a reduction of
criminal investigators in Wisconsin and South Dakota from the 1996
level.
United States Secret Service
salaries and expenses
For necessary expenses of the United States Secret Service,
including purchase not to exceed 705 vehicles for police-type use, of
which 675 shall be for replacement only, and hire of passenger motor
vehicles; hire of aircraft; training and assistance requested by State
and local governments, which may be provided without reimbursement;
services of expert witnesses at such rates as may be determined by the
Director; rental of buildings in the District of Columbia, and fencing,
lighting, guard booths, and other facilities on private or other
property not in Government ownership or
control, as may be necessary to perform protective functions; for
payment of per diem and/or subsistence allowances to employees where a
protective assignment during the actual day or days of the visit of a
protectee require an employee to work 16 hours per day or to remain
overnight at his or her post of duty; the conducting of and
participating in firearms matches; presentation of awards; for travel of
Secret Service employees on protective missions without regard to the
limitations on such expenditures in this or any other Act if approval is
obtained in advance from the House and Senate Committees on
Appropriations; for repairs, alterations, and minor construction at the
James J. Rowley Secret Service Training Center; for research and
development; for making grants to conduct behavioral research in support
of protective research and operations; not to exceed $20,000 for
official reception and representation expenses; for sponsorship of a
conference for the Women in Federal Law Enforcement, to be held during
fiscal year 1998; not to exceed $50,000 to provide technical assistance
[[Page 111 STAT. 1283]]
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; $564,348,000.
acquisition, construction, improvement, and related expenses
For necessary expenses of construction, repair, alteration, and
improvement of facilities, $8,799,000, to remain available until
expended.
GENERAL PROVISIONS
Department of the Treasury
Sec. 110. Any obligation or expenditure by the Secretary in
connection with law enforcement activities of a Federal agency or a
Department of the Treasury law enforcement organization in accordance
with 31 U.S.C. 9703(g)(4)(B) from unobligated balances remaining in the
Fund on September 30, 1998, shall be made in compliance with
reprogramming guidelines.
Sec. 111. Appropriations to the Department of the Treasury in this
Act shall be available for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning; purchase of insurance for official motor vehicles operated in
foreign countries; purchase of motor vehicles without regard to the
general purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical services to
employees and their dependents serving in foreign countries; and
services authorized by 5 U.S.C. 3109.
Sec. 112. The funds provided to the Bureau of Alcohol, Tobacco and
Firearms for fiscal year 1998 in this Act for the enforcement of the
Federal Alcohol Administration Act shall be expended in a manner so as
not to diminish enforcement efforts with respect to section 105 of the
Federal Alcohol Administration Act.
Sec. 113. Not to exceed 2 percent of any appropriations in this Act
made available to the Federal Law Enforcement Training Center, Financial
Crimes Enforcement Network, Bureau of Alcohol, Tobacco and Firearms,
United States Customs Service, and United States Secret Service may be
transferred between such appropriations upon the advance approval of the
House and Senate Committees on Appropriations. No transfer may increase
or decrease any such appropriation by more than 2 percent.
Sec. 114. Not to exceed 2 percent of any appropriations in this Act
made available to the Departmental Offices, Office of Inspector General,
Financial Management Service, and Bureau of the Public Debt, may be
transferred between such appropriations upon the advance approval of the
House and Senate Committees on Appropriations. No transfer may increase
or decrease any such appropriation by more than 2 percent.
Sec. 115. The Secretary of the Treasury shall pay from amounts
transferred to the ``Departmental Offices'' appropriation, up to $26,034
to reimburse Secret Service personnel for any attorney fees and costs
they incurred with respect to investigation by the
[[Page 111 STAT. 1284]]
Department of the Treasury Inspector General concerning testimony
provided to Congress: Provided, That the Secretary of the Treasury shall
pay an individual in full upon submission by the individual of
documentation verifying the attorney fees and costs: Provided further,
That the liability of the United States shall not be inferred from
enactment of or payment under this provision: Provided further, That the
Secretary of the Treasury shall not pay any claim filed under this
section that is filed later than 120 days after the date of enactment of
this Act: Provided further, That payment under this provision, when
accepted, shall be in full satisfaction of all claims of, or on behalf
of, the individual Secret Service agents who were the subjects of said
investigation.
<<NOTE: 31 USC 301 note.>> Sec. 116. (a)(1) Effective beginning on
the date determined under paragraph (2), the compensation and other
emoluments attached to the Office of Secretary of the Treasury shall be
those that would then apply if Public Law 103-2 (107 Stat. 4; 31 U.S.C.
301 note) had never been enacted.
<<NOTE: Effective date.>> (2) Paragraph (1) shall become effective
on the later of--
(A) the day after the date on which the individual holding
the Office of Secretary of the Treasury on January 1, 1997,
ceases to hold that office; or
(B) the date of the enactment of this Act.
(3) Nothing in this subsection shall be considered to affect the
compensation or emoluments due to any individual in connection with any
period preceding the date determined under paragraph (2).
(b) Subsection (b) of the first section of the public law referred
to in subsection (a)(1) of this section shall not apply in the case of
any appointment the consent of the Senate to which occurs on or after
the date of the enactment of this Act.
(c) This section shall not be limited (for purposes of determining
whether a provision of this section applies or continues to apply) to
fiscal year 1998.
Sec. 117. (a) Requirement of Advance Submission of
Treasury Testimony.--During the fiscal year covered by this Act, any
officer or employee of the Department of the Treasury who is scheduled
to testify before the Committee on Appropriations of the House of
Representatives or the Senate, or any of its
subcommittees, shall, not less than 7 calendar days (excluding
Saturdays, Sundays, and Federal legal public holidays) preceding the
scheduled date of the testimony, submit to the committee or
subcommittee--
(1) a written statement of the testimony to be presented,
regardless of whether such statement is to be submitted for
inclusion in the record of the hearing; and
(2) any other written information to be submitted for
inclusion in the record of the hearing.
(b) Limitation on Treasury Clearance Process.--None of the funds
made available in this Act may be used for any clearance process within
the Department of the Treasury that could cause a submission beyond the
specified time, as officially transmitted by the committee, of--
(1) any corrections to the transcript copy of testimony
given before the Committee on Appropriations of the House of
Representatives or the Senate, or any of its subcommittees; or
[[Page 111 STAT. 1285]]
(2) any information to be provided in writing in response to
an oral or written request by such committee or subcommittee for
specific information for inclusion in the record of the hearing.
(c) Exception.--The time periods established in subsections (a) and
(b) shall not apply to any specific testimony, or corrections, if the
Secretary of the Treasury--
(1) determines that special circumstances prevent
compliance; and
(2) submits to the committee or subcommittee involved a
written notification of such determination, including the
Secretary's estimate of the time periods required for specific
testimony, information, or corrections.
<<NOTE: 3 USC 204 note.>> Sec. 118. (a) New Rates of Basic Pay.--
Section 501 of the District of Columbia Police and Firemen's Salary Act
of 1958 (District of Columbia Code, section 4-416), is amended--
(1) in subsection (b)(1), by striking ``Interior'' and all
that follows through ``Treasury,'' and inserting ``Interior'';
(2) by redesignating subsection (c) as subsection (b)(3);
(3) in subsection (b)(3) (as redesignated)--
(A) by striking ``or to officers and members of the
United States Secret Service Uniformed Division''; and
(B) by striking ``subsection (b) of this section''
and inserting ``this subsection''; and
(4) by adding after subsection (b) the following new
subsection:
``(c)(1) The annual rates of basic compensation of officers and
members of the United States Secret Service Uniformed Division, serving
in classes corresponding or similar to those in the salary schedule in
section 101 (District of Columbia Code, section 4-406), shall be fixed
in accordance with the following schedule of rates:
``SALARY SCHEDULE
----------------------------------------------------------------------------------------------------------------
Service steps
Salary class and title ----------------------------------------------------------------------------------
1 2 3 4 5 6 7 8 9
----------------------------------------------------------------------------------------------------------------
Class 1: Private............. 29,215 30,088 31,559 33,009 35,331 37,681 39,128 40,593 42,052
Class 4: Sergeant............ 39,769 41,747 43,728 45,718 47,715 49,713
Class 5: Lieutenant.......... 45,148 47,411 49,663 51,924 54,180
Class 7: Captain............. 52,523 55,155 57,788 60,388
Class 8: Inspector........... 60,886 63,918 66,977 70,029
Class 9: Deputy Chief........ 71,433 76,260 81,113 85,950
Class 10: Assistant Chief.... 84,694 90,324 95,967
Class 11: Chief of the United 98,383 104,923
States Secret Service
Uniformed Division..........
----------------------------------------------------------------------------------------------------------------
[[Page 111 STAT. 1286]]
<<NOTE: Effective date.>> ``(2) Effective at the beginning of the
first applicable pay period commencing on or after the first day of the
month in which an adjustment takes effect under section 5303 of title 5,
United States Code (or any subsequent similar provision of law), in the
rates of pay under the General Schedule (or any pay system that may
supersede such schedule), the annual rates of basic compensation of
officers and members of the United States Secret Service Uniformed
Division shall be adjusted by the Secretary of the Treasury by an amount
equal to the percentage of such annual rate of pay which corresponds to
the overall percentage of the adjustment made in the rates of pay under
the General Schedule.
``(3) Locality-based comparability payments authorized under section
5304 of title 5, United States Code, shall be applicable to the basic
pay under this section, except locality-based comparability payments may
not be paid at a rate which, when added to the rate of basic pay
otherwise payable to the officer or member, would cause the total to
exceed the rate of basic pay payable for level IV of the Executive
Schedule.
``(4) Basic pay, and any locality pay combined with basic pay may
not be paid by reason of any provision of this subsection (disregarding
any locality-based comparability payment payable under Federal law) at a
rate in excess of the rate of basic pay payable for level V of the
Executive Schedule contained in subchapter II of chapter 53 of title 5,
United States Code.
``(5) Any reference in any law to the salary schedule in section 101
(District of Columbia Code, section 4-406) with respect to officers and
members of the United States Secret Service Uniformed Division shall be
considered to be a reference to the salary schedule in paragraph (1) of
this subsection as adjusted in accordance with this subsection.
``(6)(A) Except as otherwise permitted by or under law, no
allowance, differential, bonus, award, or other similar cash payment
under this title or under title 5, United States Code, may be paid to an
officer or member of the United States Secret Service Uniformed Division
in a calendar year if, or to the extent that, when added to the total
basic pay paid or payable to such officer or member for service
performed in such calendar year as an officer or member, such payment
would cause the total to exceed the annual rate of basic pay payable for
level I of the Executive Schedule, as of the end of such calendar year.
``(B) This paragraph shall not apply to any payment under the
following provisions of title 5, United States Code:
``(i) Subchapter III or VII of chapter 55, or section 5596.
``(ii) Chapter 57 (other than section 5753, 5754, or 5755).
``(iii) Chapter 59 (other than section 5928).
``(7)(A) Any amount which is not paid to an officer or member of the
United States Secret Service Uniformed Division in a calendar year
because of the limitation under paragraph (6) shall be paid to such
officer or member in a lump sum at the beginning of the following
calendar year.
``(B) Any amount paid under this paragraph in a calendar year shall
be taken into account for purposes of applying the limitations under
paragraph (6) with respect to such calendar year.
<<NOTE: Regulations.>> ``(8) The Office of Personnel Management
shall prescribe regulations as may be necessary (consistent with section
5582 of title 5, United States Code) concerning how a lump-sum payment
under paragraph (7) shall be made with respect to any employee who
[[Page 111 STAT. 1287]]
dies before an amount payable to such employee under paragraph (7) is
made.''.
(b) Conversion to New Salary Schedule.--
<<NOTE: Effective date.>> (1)(A) Effective on the first day
of the first pay period beginning after the date of enactment of
this section, the
Secretary of the Treasury shall fix the rates of basic pay for
members of the United States Secret Service Uniformed Division
in accordance with this paragraph.
(B) Subject to subparagraph (C), each officer and member
receiving basic compensation, immediately prior to the effective
date of this section, at one of the scheduled rates in the
salary schedule in section 101 of the District of Columbia
Police and Firemen's Salary Act of 1958, as adjusted by law and
as in effect prior to the effective date of this section, shall
be placed in and receive basic compensation at the corresponding
scheduled service step of the salary schedule under subsection
(a)(4).
(C)(i) The Assistant Chief and the Chief of the United
States Secret Service Uniformed Division shall be placed in and
receive basic compensation in salary class 10 and salary class
11, respectively, in the appropriate service step in the new
salary class in accordance with section 304 of the District of
Columbia Police and Firemen's Salary Act of 1958 (District of
Columbia Code, section 4-413).
(ii) Each member whose position is to be converted to the
salary schedule under section 501(c) of the District of Columbia
Police and Firemen's Salary Act of 1958 (District of Columbia
Code, section 4-416(c)) as amended by this section, in
accordance with subsection (a) of this section, and who, prior
to the effective date of this section has earned, but has not
been credited with, an increase in his or her rate of pay shall
be afforded that increase before such member is placed in the
corresponding service step in the salary schedule under section
501(c).
(2) Except in the cases of the Assistant Chief and the Chief
of the United States Secret Service Uniformed Division, the
conversion of positions and individuals to appropriate classes
of the salary schedule under section 501(c) of the District of
Columbia Police and Firemen's Salary Act of 1958 (District of
Columbia Code, section 4-416(c)) as amended by this section, and
the initial adjustments of rates of basic pay of those positions
and individuals, in accordance with paragraph (1) of this
subsection, shall not be considered to be transfers or
promotions within the meaning of section 304 of the District of
Columbia Police and Firemen's Salary Act of 1958 (District of
Columbia Code, section 4-413).
(3) Each member whose position is converted to the salary
schedule under section 501(c) of the District of Columbia Police
and Firemen's Salary Act of 1958 (District of Columbia Code,
section 4-416(c)) as amended by this section, in accordance with
subsection (a) of this section, shall be granted credit for
purposes of such member's first service step adjustment under
the salary schedule in such section 510(c) for all satisfactory
service performed by the member since the member's last increase
in basic pay prior to the adjustment under that section.
(c) Limitation on Pay Period Earnings.--The Act of August 15, 1950
(64 Stat. 477), (District of Columbia Code, section 4-1104), is
amended--
[[Page 111 STAT. 1288]]
(1) in subsection (h), by striking ``any officer or member''
each place it appears and inserting ``an officer or member of
the Metropolitan Police force; or of the Fire Department of the
District of Columbia; or of the United States Park Police'';
(2) by redesignating subsection (h)(3) as subsection (i);
and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3)(A) no premium pay provided by this section shall be
paid to, and no compensatory time is authorized for, any officer
or member of the United States Secret Service Uniformed Division
whose rate of basic pay, combined with any applicable locality-
based comparability payment, equals or exceeds the lesser of--
``(i) 150 percent of the minimum rate payable for
grade GS-15 of the General Schedule (including any
applicable locality-based comparability payment under
section 5304 of title 5, United States Code or any
similar provision of law, and any applicable special
rate of pay under section 5305 of title 5, United States
Code or any similar provision of law); or
``(ii) the rate payable for level V of the Executive
Schedule contained in subchapter II of chapter 53 of
title 5, United States Code.
``(B) In the case of any officer or member of the United
States Secret Service Uniformed Division whose rate of basic
pay, combined with any applicable locality-based comparability
payment, is less than the lesser of--
``(i) 150 percent of the minimum rate payable for
grade GS-15 of the General Schedule (including any
applicable locality-based comparability payment under
section 5304 of title 5, United States Code or any
similar provision of law, and any applicable special
rate of pay under section 5305 of title 5, United States
Code or any similar provision of law); or
``(ii) the rate payable for level V of the Executive
Schedule contained in subchapter II of chapter 53 of
title 5, United States Code,
such premium pay may be paid only to the extent that such
payment would not cause such officer or member's aggregate rate
of compensation to exceed such lesser amount with respect to any
pay period.''.
(d) Savings Provision.--On the effective date of this section, any
existing special salary rates authorized for members of the United
States Secret Service Uniformed Division under section 5305 of title 5,
United States Code (or any previous similar provision of law) and any
special rates of pay or special pay adjustments under section 403, 404,
or 405 of the Federal Law Enforcement Pay Reform Act of 1990 applicable
to members of the United States Secret Service Uniformed Division shall
be rendered inapplicable.
(e) Conforming Amendment.--The Federal Law Enforcement Pay Reform
Act of 1990 (104 Stat. 1466) <<NOTE: 5 USC 5305 note.>> is amended by
striking subsections (b)(1) and (c)(1) of section 405.
(f) Effective Date.--The provisions of this section shall become
effective on the first day of the first pay period beginning after the
date of enactment of this Act.
Sec. 119. Section 117 of the Treasury, Postal Service, and General
Government Appropriations Act, 1997 (as contained in
[[Page 111 STAT. 1289]]
section 101(f) of division A of Public Law 104-208) <<NOTE: 110
Stat. 3009-325.>> is hereby repealed.
Sec. 120. Based on results of industry response to the Request for
Proposals, in tax-year 1998, the Internal Revenue Service shall initiate
a pilot project which would pay qualified returns preparers, electronic
return originators, or transmitters who electronically forward and file
tax returns (form 1040 and related information returns) properly
formatted and accepted by the Internal Revenue Service, up to $3.00 per
return so filed if such payments are determined by the Commissioner of
the Internal Revenue Service to be in the best interest of the
Government: Provided, That the payment may not be made unless the
electronic filing service is provided without charge to the taxpayer
whose return is so filed: Provided further, That the Internal Revenue
Service shall use standard procurement processes to establish this pilot
project and through these processes, the Internal Revenue Service shall
assure the security of all electronic transmissions and the full
protection of the privacy of taxpayer data.
Sec. 121. Subsection (a) of section 5378 of title 5, United States
Code, is amended to read as follows:
``(a) The Secretary of the Department of the Treasury, or his
designee, in his sole discretion shall fix the rates of basic pay for
positions within the police forces of the United States Mint and the
Bureau of Engraving and Printing without regard to the pay provisions of
title 5, United States Code, except that no entry-level police officer
shall receive basic pay for a calendar year that is less than the basic
rate of pay for General Schedule GS-7 and no executive security official
shall receive basic compensation for a calendar year that exceeds the
basic rate of pay for General Schedule GS-15.''.
<<NOTE: 31 USC 9703 note.>> Sec. 122. (a) The Secretary of the
Treasury is authorized to receive all unavailable collections
transferred from the Special Forfeiture Fund established by section
26073 of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1509) by the
Director of the Office of Drug Control Policy as a deposit into the
Treasury Forfeiture Fund (31 U.S.C. 9703(a)), to become available for
obligation on October 1, 1998, as revenue available for purposes
identified under 31 U.S.C. 9703(g)(4)(B).
(b) Paragraph (3)(C) of section 9703(g) of title 31, United States
Code, is amended by adding after the last sentence of that paragraph as
amended by Public Law 104-208, the following sentence: ``Unobligated
balances remaining pursuant to section 4(B) of 9703(g) shall also be
carried forward.''.
(c) Paragraph (4)(B) of section 9703(g) of title 31, United States
Code, is amended by striking ``, subject to subparagraph (C),'' from the
first and only sentence of that paragraph.
<<NOTE: Alaska.>> Sec. 123. Notwithstanding any other provision of
law, the Secretary of the Treasury shall establish the port of Kodiak,
Alaska as a port of entry and United States Customs Service personnel in
Anchorage, Alaska shall serve such port of entry. There are authorized
to be appropriated such sums as necessary to cover the costs associated
with the performance of customs functions using such United States
Customs Service personnel.
Sec. 124. None of the funds made available by this Act may be used
by the Inspector General to contract for advisory and assistance
services that has the meaning given such term in section 1105(g) of
title 31, United States Code.
[[Page 111 STAT. 1290]]
This title may be cited as the ``Treasury Department Appropriations
Act, 1998''.
<<NOTE: Postal Service Appropriations Act, 1998.>> TITLE II--POSTAL
SERVICE
Payments to the Postal Service Fund
For payment to the Postal Service Fund for revenue forgone on free
and reduced rate mail, pursuant to subsections (c) and (d) of section
2401 of title 39, United States Code, $86,274,000: Provided, That mail
for overseas voting and mail for the blind shall continue to be free:
Provided further, <<NOTE: 39 USC 403 note.>> That 6-day delivery and
rural delivery of mail shall continue at not less than the 1983 level:
Provided further, That none of the funds made available to the Postal
Service by this Act shall be used to implement any rule, regulation, or
policy of charging any officer or employee of any State or local child
support enforcement agency, or any
individual participating in a State or local program of child support
enforcement, a fee for information requested or provided concerning an
address of a postal customer: Provided further, That none of the funds
provided in this Act shall be used to consolidate or close small rural
and other small post offices in the fiscal year ending on September 30,
1998.
This title may be cited as the ``Postal Service Appropriations Act,
1998''.
<<NOTE: Executive Office Appropriations Act, 1998.>> TITLE III--
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
Compensation of the President and the White House Office
compensation of the president
For compensation of the President, including an expense allowance at
the rate of $50,000 per annum as authorized by 3 U.S.C. 102; $250,000:
Provided, <<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, United States Code: Provided further, That none of the
funds made available for official expenses shall be considered as
taxable to the President.
salaries and expenses
For necessary expenses for the White House as authorized by law,
including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105; including subsistence expenses as
authorized by 3 U.S.C. 105, which shall be expended and accounted for as
provided in that section; hire of passenger motor vehicles, newspapers,
periodicals, teletype news service, and travel (not to exceed $100,000
to be expended and accounted for as
provided by 3 U.S.C. 103); not to exceed $19,000 for official
entertainment expenses, to be available for allocation within the
Executive Office of the President; $51,199,000: Provided, That
$9,800,000 of the funds appropriated shall be available for
reimbursements to the White House Communications Agency.
[[Page 111 STAT. 1291]]
Executive Residence at the White House
operating expenses
For the care, maintenance, repair and alteration, refurnishing,
improvement, heating and lighting, including electric power and
fixtures, of the Executive Residence at the White House and official
entertainment expenses of the President, $8,045,000, to be expended and
accounted for as provided by 3 U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at the
White House, such sums as may be necessary: Provided, That all
reimbursable operating expenses of the Executive Residence shall be made
in accordance with the provisions of this paragraph: Provided further,
That, notwithstanding any other provision of law, such amount for
reimbursable operating expenses shall be the exclusive authority of the
Executive Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the Executive
Residence shall require each person sponsoring a reimbursable political
event to pay in advance an amount equal to the estimated cost of the
event, and all such advance payments shall be credited to this account
and remain available until expended: Provided further, That the
Executive Residence shall require the national committee of the
political party of the President to maintain on deposit $25,000, to be
separately accounted for and available for expenses relating to
reimbursable political events sponsored by such committee during such
fiscal year: Provided further, <<NOTE: Notice.>> That the Executive
Residence shall ensure that a written notice of any amount owed for a
reimbursable operating expense under this paragraph is submitted to the
person owing such amount within 60 days after such expense is incurred,
and that such amount is collected within 30 days after the submission of
such notice: Provided further, That the Executive Residence shall charge
interest and assess penalties and other charges on any such amount that
is not reimbursed within such 30 days, in accordance with the interest
and penalty provisions applicable to an outstanding debt on a United
States Government claim under section 3717 of title 31, United States
Code: Provided further, That each such amount that is reimbursed, and
any accompanying interest and charges, shall be deposited in the
Treasury as miscellaneous receipts: Provided
further, <<NOTE: Reports.>> That the Executive Residence shall prepare
and submit to the Committees on Appropriations, by not later than 90
days after the end of the fiscal year covered by this Act, a report
setting forth the reimbursable operating expenses of the Executive
Residence during the preceding fiscal year, including the total amount
of such expenses, the amount of such total that consists of reimbursable
official and ceremonial events, the amount of such total that consists
of reimbursable political events, and the portion of each such amount
that has been reimbursed as of the date of the report: Provided
further, <<NOTE: Records. Reports.>> That the Executive Residence
shall: (1) implement a system for the tracking of expenses related to
reimbursable events within the Executive Residence that includes a
standard for the classification of any such expense as political or
nonpolitical; and (2) prepare and submit to the Committees on
Appropriations, by not later than December 1, 1997, a
[[Page 111 STAT. 1292]]
report setting forth a detailed description of such system and a
schedule for its implementation: Provided further, That no provision of
this paragraph may be construed to exempt the Executive
Residence from any other applicable requirement of subchapter I or II of
chapter 37 of title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House, $200,000, to remain available until
expended for renovation and relocation of the White House laundry, to be
expended and accounted for as provided by 3 U.S.C. 105, 109, 110, and
112-114.
Special Assistance to the President and the Official Residence of the
Vice President
salaries and expenses
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions, services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
including subsistence expenses as authorized by 3 U.S.C. 106, which
shall be expended and accounted for as provided in that section; and
hire of passenger motor vehicles; $3,378,000.
operating expenses
For the care, operation, refurnishing, improvement, heating and
lighting, including electric power and fixtures, of the official
residence of the Vice President, the hire of passenger motor vehicles,
and not to exceed $90,000 for official entertainment expenses of the
Vice President, to be accounted for solely on his certificate; $334,000:
Provided, That advances or repayments or transfers from this
appropriation may be made to any department or agency for expenses of
carrying out such activities.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council in carrying out its functions
under the Employment Act of 1946 (15 U.S.C. 1021), $3,542,000.
Office of Policy Development
salaries and expenses
For necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109, and 3 U.S.C. 107;
$3,983,000.
National Security Council
salaries and expenses
For necessary expenses of the National Security Council, including
services as authorized by 5 U.S.C. 3109, $6,648,000.
[[Page 111 STAT. 1293]]
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
passenger motor vehicles $28,883,000, of which $2,000,000 shall remain
available until expended for a capital investment plan which provides
for the modernization of the information technology infrastructure.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and Budget,
including hire of passenger motor vehicles, services as authorized by 5
U.S.C. 3109, $57,440,000, of which not to exceed $5,000,000 shall be
available to carry out the provisions of chapter 35 of title 44, United
States Code: Provided, That, as provided in 31 U.S.C. 1301(a),
appropriations shall be applied only to the objects for which
appropriations were made except as otherwise provided by law: Provided
further, That none of the funds appropriated in this Act for the Office
of Management and Budget may be used for the purpose of reviewing any
agricultural marketing orders or any activities or regulations under the
provisions of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C.
601 et seq.): Provided further, That none of the funds made available
for the Office of Management and Budget by this Act may be expended for
the altering of the transcript of actual testimony of witnesses, except
for testimony of officials of the Office of Management and Budget,
before the House and Senate Committees on Appropriations or the House
and Senate Committees on Veterans' Affairs or their subcommittees:
Provided further, That this proviso shall not apply to printed hearings
released by the House and Senate Committees on Appropriations or the
House and Senate Committees on Veterans' Affairs.
Office of National Drug Control Policy
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to title I of Public Law 100-
690; not to exceed $8,000 for official reception and representation
expenses; and for participation in joint projects or in the provision of
services on matters of mutual interest with nonprofit, research, or
public organizations or agencies, with or without reimbursement;
$35,016,000, of which $17,000,000 shall remain available until expended,
consisting of $1,000,000 for policy research and evaluation and
$16,000,000 for the Counterdrug Technology Assessment Center for
counternarcotics research and development projects: Provided, That the
$16,000,000 for the Counterdrug Technology Assessment Center shall be
available for transfer to other Federal departments or agencies:
Provided further, That the Office is authorized to accept, hold,
administer, and utilize gifts, both real and personal, for the purpose
of aiding or facilitating the
[[Page 111 STAT. 1294]]
work of the Office: Provided further, That not before December 31, 1997,
the Director of the Office of National Drug Control Policy shall
transfer all balances in the Special Forfeiture Fund established by
section 6073 of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1509) to the
Treasury Forfeiture Fund (31 U.S.C. 9703(a)).
Federal Drug Control Programs
high intensity drug trafficking areas program
(including transfer of funds)
For necessary expenses of the Office of National Drug Control
Policy's High Intensity Drug Trafficking Areas Program, $159,007,000 for
drug control activities consistent with the approved strategy for each
of the designated High Intensity Drug Trafficking Areas, of which
$3,000,000 shall be used for a newly designated High Intensity Drug
Trafficking Area in Milwaukee, Wisconsin should the Director of the
Office of National Drug Control Policy determine the location meets the
designated criteria; of which $7,300,000 shall be used for national
efforts related to methamphetamine reduction; of which $1,500,000 shall
be used for methamphetamine reduction efforts within the Rocky Mountain
High Intensity Drug Trafficking Area; of which $6,000,000 shall be used
for a newly designated High Intensity Drug Trafficking Area in the
three-State area of Kentucky, Tennessee, and West Virginia; of which
$1,000,000 shall be used for a newly designated High Intensity Drug
Trafficking Area in central Florida; of which no less than $80,000,000
shall be transferred to State and local entities for drug control
activities, which shall be obligated within 120 days of the date of
enactment of this Act and up to $79,007,000 may be transferred to
Federal agencies and departments at a rate to be determined by the
Director: Provided, That funding shall be provided for existing High
Intensity Drug Trafficking Areas at no less than the fiscal year 1997
level.
special forfeiture fund
(including transfer of funds)
For activities to support a national anti-drug campaign for youth,
and other purposes, authorized by Public Law 100-690, as amended,
$211,000,000, to remain available until expended: Provided, That such
funds may be transferred to other Federal departments and agencies to
carry out such activities: Provided further, That of the funds provided,
$195,000,000 shall be to support a national media campaign to reduce and
prevent drug use among young Americans: Provided further, That none of
the funds provided for the support of a national media campaign may be
obligated until the Director, Office of National Drug Control Policy,
submits a strategy for approval to the Committees on Appropriations and
the Senate Judiciary Committee that includes: (1) guidelines to ensure
and certify that funds will supplement and not supplant current anti-
drug community based coalitions; (2) guidelines to ensure and certify
that funds will supplement and not supplant current pro bono public
service time donated by national and local broadcasting networks; (3)
guidelines to ensure and certify that none of the funds will be used for
partisan political purposes; (4) guidelines to ensure and certify that
no media campaigns to
[[Page 111 STAT. 1295]]
be funded pursuant to this campaign shall feature any elected officials,
persons seeking elected office, cabinet-level officials, or other
Federal officials employed pursuant to Schedule C of title 5, Code of
Federal Regulations, section 213, absent advance notice to the
Committees on Appropriations and the Senate Judiciary Committee; (5) a
detailed implementation plan to be submitted to the Committees on
Appropriations and the Senate Judiciary Committee for securing private
sector contributions including but not limited to in-kind contributions;
(6) a detailed implementation plan to be submitted to the Committees on
Appropriations and the Senate Judiciary Committee of the qualifications
necessary for any organization, entity, or individual to receive funding
for or otherwise be provided broadcast media time; and (7) a system to
measure outcomes of success of the national media campaign: Provided
further, <<NOTE: Reports.>> That the Director shall report to Congress
quarterly on the obligation of funds as well as the specific parameters
of the national media campaign and report to Congress within two years
on the effectiveness of the national media campaign based upon the
measurable outcomes provided to Congress previously: Provided further,
That of the funds provided for the support of a national media campaign,
$17,000,000 shall not be obligated prior to September 30, 1998: Provided
further, That of the funds provided, $6,000,000 shall be used to
continue the drug use reduction program for those involved in the
criminal justice system: Provided further, That of the funds provided,
$10,000,000 shall be to initiate a program of matching grants to drug-
free communities, as authorized in the Drug-Free Communities Act of
1997.
This title may be cited as the ``Executive Office Appropriations
Act, 1998''.
<<NOTE: Independent Agencies Appropriations Act, 1998.>> TITLE IV--
INDEPENDENT AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For necessary expenses of the Committee for Purchase From People Who
Are Blind or Severely Disabled established by the Act of June 23, 1971,
Public Law 92-28, $1,940,000.
Federal Election Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, as amended, $31,650,000, of which no less
than $3,800,000 shall be available for internal automated data
processing systems, and of which not to exceed $5,000 shall be available
for reception and representation expenses: Provided, That of the amounts
appropriated for salaries and expenses, $750,000 shall be transferred to
the General Accounting Office for the sole purpose of entering into a
contract with the private sector for a management review, and technology
and performance audit, of the Federal Election Commission, and $300,000
may be transferred to the Government Printing Office.
[[Page 111 STAT. 1296]]
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the Federal Labor
Relations Authority, pursuant to Reorganization Plan
Numbered 2 of 1978, and the Civil Service Reform Act of 1978, including
services as authorized by 5 U.S.C. 3109, including hire of experts and
consultants, hire of passenger motor vehicles, rental of conference
rooms in the District of Columbia and elsewhere; $22,039,000: Provided,
That public members of the Federal Service Impasses Panel may be paid
travel expenses and per diem in lieu of subsistence as authorized by law
(5 U.S.C. 5703) for
persons employed intermittently in the Government service, and
compensation as authorized by 5 U.S.C. 3109: Provided further, That
notwithstanding 31 U.S.C. 3302, funds received from fees charged to non-
Federal participants at labor-management relations conferences shall be
credited to and merged with this account, to be available without
further appropriation for the costs of carrying out these conferences.
General Services Administration
federal buildings fund
limitations on availability of revenue
To carry out the purpose of the Fund established pursuant to section
210(f) of the Federal Property and Administrative Services Act of 1949,
as amended (40 U.S.C. 490(f)), the revenues and collections deposited
into the Fund shall be available for necessary expenses of real property
management and related activities not otherwise provided for, including
operation, maintenance, and protection of federally owned and leased
buildings; rental of buildings in the District of Columbia; restoration
of leased premises; moving governmental agencies (including space
adjustments and telecommunications relocation expenses) in connection
with the assignment, allocation and transfer of space; contractual
services incident to cleaning or servicing buildings, and moving; repair
and alteration of federally owned buildings including grounds,
approaches and appurtenances; care and safeguarding of sites;
maintenance, preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as otherwise
authorized by law; acquisition of options to purchase buildings and
sites; conversion and extension of federally owned buildings;
preliminary planning and design of projects by contract or otherwise;
construction of new buildings (including equipment for such buildings);
and payment of principal, interest, and any other obligations for public
buildings acquired by installment purchase and purchase contract, in the
aggregate amount of $4,835,934,000, of which: (1) $300,000,000 shall
remain available until expended, for repairs and alterations which
includes associated design and construction services: Provided, That
additional projects for which prospectuses have been fully approved may
be funded under this category only if advance approval is obtained from
the Committees on Appropriations of the House and Senate: Provided
further, That the amounts provided in this or any prior Act for
``Repairs and
[[Page 111 STAT. 1297]]
Alterations'' may be used to fund costs associated with implementing
security improvements to buildings necessary to meet the minimum
standards for security in accordance with current law and in compliance
with the reprogramming guidelines of the appropriate Committees of the
House and Senate: Provided further, That funds made available in this
Act or any previous Act for ``Repairs and Alterations'' shall, for
prospectus projects, be limited to the amount originally made available,
except each project may be increased by an amount not to exceed 10
percent when advance approval is obtained from the Committees on
Appropriations of the House and Senate of a greater amount: Provided
further, That the difference between the funds appropriated and expended
on any projects in this or any prior Act, under the heading ``Repairs
and Alterations'', may be transferred to Basic Repairs and Alterations
or used to fund authorized increases in prospectus projects: Provided
further, <<NOTE: Expiration date.>> That all funds for repairs and
alterations prospectus projects shall expire on September 30, 2000 and
remain in the Federal Building Fund except funds for projects as to
which funds for design or other funds have been obligated in whole or in
part prior to such date: Provided further, That the amount provided in
this or any prior Act for Basic Repairs and Alterations may be used to
pay claims against the Government arising from any projects under the
heading ``Repairs and Alterations'' or used to fund authorized increases
in prospectus projects; (2) $142,542,000 for installment acquisition
payments including payments on purchase contracts which shall remain
available until expended; (3) $2,275,340,000 for rental of space which
shall remain available until expended; (4) $1,331,789,000 for building
operations which shall remain available until expended; and (5)
$680,543,000 which shall remain available until expended for projects
and activities previously requested and approved under this heading in
prior fiscal years: Provided further, <<NOTE: 40 USC 490i.>> That for
the purposes of this authorization, and hereafter, buildings constructed
pursuant to the purchase contract authority of the Public Buildings
Amendments of 1972 (40 U.S.C. 602a), buildings occupied pursuant to
installment purchase contracts, and buildings under the control of
another department or agency where alterations of such buildings are
required in connection with the moving of such other department or
agency from buildings then, or thereafter to be, under the control of
the General Services Administration shall be considered to be federally
owned buildings: Provided further, That funds available in the Federal
Buildings Fund may be expended for emergency repairs when advance
approval is obtained from the Committees on Appropriations of the House
and Senate: Provided further, That amounts necessary to provide
reimbursable special services to other agencies under section 210(f)(6)
of the Federal Property and Administrative Services Act of 1949, as
amended (40 U.S.C. 490(f)(6)) and amounts to provide such reimbursable
fencing, lighting, guard booths, and other facilities on private or
other property not in Government ownership or control as may be
appropriate to enable the United States Secret Service to perform its
protective functions pursuant to 18 U.S.C. 3056, as amended, shall be
available from such revenues and collections: Provided further, That
revenues and collections and any other sums accruing to this Fund during
fiscal year 1998, excluding reimbursements under section 210(f)(6) of
the Federal Property and Administrative Services Act of 1949 (40 U.S.C.
490(f)(6)) in excess of $4,835,934,000 shall remain in
[[Page 111 STAT. 1298]]
the Fund and shall not be available for expenditure except as authorized
in appropriations Acts.
policy and operations
For expenses authorized by law, not otherwise provided for, for
Government-wide policy and oversight activities associated with asset
management activities; utilization and donation of surplus personal
property; transportation; procurement and supply; Government-wide and
internal responsibilities relating to automated data management,
telecommunications, information resources management, and related
technology activities; utilization survey, deed compliance inspection,
appraisal, environmental and cultural
analysis, and land use planning functions pertaining to excess and
surplus real property; agency-wide policy direction; Board of Contract
Appeals; accounting, records management, and other support services
incident to adjudication of Indian Tribal Claims by the United States
Court of Federal Claims; services as authorized by 5 U.S.C. 3109; and
not to exceed $5,000 for official reception and representation expenses;
$107,487,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General and
services authorized by 5 U.S.C. 3109, $33,870,000: Provided, That not to
exceed $10,000 shall be available for payment for information and
detection of fraud against the Government, including payment for
recovery of stolen Government property: Provided further, That not to
exceed $2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of efforts and
initiatives resulting in enhanced Office of Inspector General
effectiveness.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25, 1958, as
amended (3 U.S.C. 102 note), and Public Law 95-138, $2,208,000:
Provided, That the Administrator of General Services shall transfer to
the Secretary of the Treasury such sums as may be necessary to carry out
the provisions of such Acts.
GENERAL PROVISIONS
General Services Administration
Sec. 401. The appropriate appropriation or fund available to the
General Services Administration shall be credited with the cost of
operation, protection, maintenance, upkeep, repair, and improvement,
included as part of rentals received from Government corporations
pursuant to law (40 U.S.C. 129).
Sec. 402. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 403. Funds in the Federal Buildings Fund made available for
fiscal year 1998 for Federal Buildings Fund activities may be
transferred between such activities only to the extent necessary to meet
program requirements: Provided, That any proposed
transfers shall be approved in advance by the Committees on
Appropriations of the House and Senate.
[[Page 111 STAT. 1299]]
Sec. 404. No funds made available by this Act shall be used to
transmit a fiscal year 1999 request for United States Courthouse
construction that: (1) does not meet the design guide standards for
construction as established and approved by the General Services
Administration, the Judicial Conference of the United States, and the
Office of Management and Budget; and (2) does not reflect the priorities
of the Judicial Conference of the United States as set out in its
approved 5-year construction plan: Provided, That the fiscal year 1999
request must be accompanied by a standardized courtroom utilization
study of each facility to be constructed, replaced, or expanded.
Sec. 405. None of the funds provided in this Act may be used to
increase the amount of occupiable square feet, provide cleaning
services, security enhancements, or any other service usually provided
through the Federal Buildings Fund, to any agency which does not pay the
rate per square foot assessment for space and services as determined by
the General Services Administration in compliance with the Public
Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 406. Section 10 of the General Services Administration General
Provisions, Public Law 100-440, <<NOTE: 102 Stat. 1742.>> is hereby
repealed.
Sec. 407. Funds provided to other Government agencies by the
Information Technology Fund, General Services Administration, under 40
U.S.C. 757 and sections 5124(b) and 5128 of Public Law 104-106,
Information Technology Management Reform Act of 1996, for performance of
pilot information technology projects which have potential for
Government-wide benefits and savings, may be repaid to this Fund from
any savings actually incurred by these projects or other funding, to the
extent feasible.
Sec. 408. The Administrator of General Services is directed to
ensure that the materials used for the facade on the United States
Courthouse Annex, Savannah, Georgia project are compatible with the
existing Savannah Federal Building-United States Courthouse facade, in
order to ensure compatibility of this new facility with the Savannah
historic district and to ensure that the Annex will not endanger the
National Landmark status of the Savannah historic district.
Sec. 409. (a) The Act approved August 25, 1958, as amended (Public
Law 85-745; 3 U.S.C. 102 note), is amended by striking section 2.
(b) Section 3214 of title 39, United States Code, is amended--
(1) in subsection (a) by striking ``(a) Subject to
subsection (b), a'' and inserting ``A''; and
(2) by striking subsection (b).
Sec. 410. There is hereby appropriated to the General Services
Administration such sums as may be necessary to repay debts to the
United States Treasury incurred pursuant to section 6 of the
Pennsylvania Avenue Development Corporation Act of 1972, as amended
(Public Law 92-578, 86 Stat. 1266, 40 U.S.C. 875), and in addition such
amounts as are necessary for payment of interest and premiums, if any,
related to such debts.
Sec. 411. From funds made available under the heading ``Federal
Buildings Fund Limitations on Revenue'', claims against the Government
of less than $250,000 arising from direct construction projects and
acquisition of buildings may be liquidated from savings effected in
other construction projects with prior notification to the Committees on
Appropriations of the House and Senate.
[[Page 111 STAT. 1300]]
Sec. 412. (a) In General.--Notwithstanding any other provision of
law, the Administrator of General Services shall sell the property
described in subsection (b) through a process of competitive bidding, in
accordance with procedures and requirements applicable to such a sale
under section 203(e) of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 484(e)).
(b) Property Described.--The property referred to in subsection (a)
is the property known as the Bakersfield Federal
Building, located at 800 Truxton Avenue in Bakersfield, California,
including the land on which the building is situated and all
improvements to such building and land.
Sec. 413. Section 201(b) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 481) is amended to read as follows:
``(b)(1) The Administrator shall as far as practicable provide any
of the services specified in subsection (a) of this section to any other
Federal agency, mixed ownership corporation (as defined in section 9101
of title 31, United States Code), or the District of Columbia, upon its
request.
``(2)(A) Upon the request of a qualified nonprofit agency for the
blind or other severely handicapped that is to provide a commodity or
service to the Federal Government under the Javits-Wagner-O'Day Act (41
U.S.C. 46 et seq.), the Administrator may provide any of the services
specified in subsection (a) to such agency to the extent practicable.
``(B) A nonprofit agency receiving services under the authority of
subparagraph (A) shall use the services directly in making or providing
an approved commodity or approved service to the Federal Government.
``(C) In this paragraph--
``(i) The term `qualified nonprofit agency for the blind or
other severely handicapped' means--
``(I) a qualified nonprofit agency for the blind, as
defined in section 5(3) of the Javits-Wagner-O'Day Act
(41 U.S.C. 48b(3)); and
``(II) a qualified nonprofit agency for other
severely handicapped, as defined in section 5(4) of such
Act (41 U.S.C. 48b(4)).
``(ii) The term `approved commodity' and `approved service'
means a commodity and a service, respectively, that has been
determined by the Committee for Purchase from the Blind and
Other Severely Handicapped under section 2 of the Javits-Wagner-
O'Day Act (41 U.S.C. 47) to be suitable for procurement by the
Federal Government.''.
Federal Payment to Morris K. Udall Scholarship and Excellence in
National Environmental Policy Foundation
For payment to the Morris K. Udall Scholarship and Excellence in
National Environmental Trust Fund, to be available for purposes of
Public Law 102-259, $1,750,000, to remain available until expended.
John F. Kennedy Assassination Records Review Board
For the necessary expenses to carry out the John F. Kennedy
Assassination Records Collection Act of 1992, <<NOTE: Termination
date.>> $1,600,000: Provided, That $100,000 shall be available only for
the purposes of the prompt
[[Page 111 STAT. 1301]]
and orderly termination of the John F. Kennedy Assassination Records
Review Board, to be concluded no later than September 30, 1998.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit Systems
Protection Board pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978, including
services as authorized by 5 U.S.C. 3109, rental of conference rooms in
the District of Columbia and elsewhere, hire of passenger motor
vehicles, and direct procurement of survey
printing, $25,290,000, together with not to exceed $2,430,000 for
administrative expenses to adjudicate retirement appeals to be
transferred from the Civil Service Retirement and Disability Fund in
amounts determined by the Merit Systems Protection Board.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the administration of the
National Archives (including the Information Security Oversight Office)
and records and related activities, as provided by law, and for expenses
necessary for the review and declassification of documents, and for the
hire of passenger motor vehicles, $205,166,500: Provided, That the
Archivist of the United States is authorized to use any excess funds
available from the amount borrowed for construction of the National
Archives facility, for expenses necessary to provide adequate storage
for holdings.
archives facilities and presidential libraries repairs and restoration
For the repair, alteration, and improvement of archives facilities
and presidential libraries, and to provide adequate storage for
holdings, $14,650,000, 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, $5,500,000, to remain available until expended.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office of
Government Ethics pursuant to the Ethics in Government Act of 1978, as
amended by Public Law 100-598, and the Ethics Reform Act of 1989, Public
Law 101-194, including services as authorized by 5 U.S.C. 3109, rental
of conference rooms in the District of Columbia and elsewhere, hire of
passenger motor vehicles, and
[[Page 111 STAT. 1302]]
not to exceed $1,500 for official reception and representation expenses;
$8,265,000.
Office of Personnel Management
salaries and expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office of
Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978
and the Civil Service Reform Act of 1978, including services as
authorized by 5 U.S.C. 3109; medical examinations performed for veterans
by private physicians on a fee basis; rental of conference rooms in the
District of Columbia and elsewhere; hire of passenger motor vehicles;
not to exceed $2,500 for official reception and representation expenses;
advances for reimbursements to applicable funds of the Office of
Personnel Management and the Federal Bureau of Investigation for
expenses incurred under Executive Order No. 10422 of January 9, 1953, as
amended; and payment of per diem and/or subsistence allowances to
employees where Voting Rights Act activities require an employee to
remain overnight at his or her post of duty; $85,350,000; and in
addition $91,236,000 for administrative expenses, to be transferred from
the appropriate trust funds of the Office of Personnel Management
without regard to other statutes, including direct procurement of
printed materials, for the retirement and insurance programs: Provided,
That the provisions of this appropriation shall not affect the authority
to use applicable trust funds as provided by section 8348(a)(1)(B) of
title 5, United States Code: Provided further, That, except as may be
consistent with 5 U.S.C. 8902a(f)(1) and (i), no payment may be made
from the Employees Health Benefits Fund to any physician, hospital, or
other provider of health care services or supplies who is, at the time
such services or supplies are provided to an individual covered under
chapter 89 of title 5, United States Code, excluded, pursuant to section
1128 or 1128A of the Social Security Act (42 U.S.C. 1320a-7 through
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 No. 9358 of July 1, 1943, or any
successor unit of like purpose: Provided further, That the President's
Commission on White House Fellows, established by Executive Order No.
11183 of October 3, 1964, may, during the fiscal year ending September
30, 1998, accept donations of money, property, and personal services in
connection with the development of a publicity brochure to provide
information about the White House Fellows, except that no such donations
shall be accepted for travel or reimbursement of travel expenses, or for
the salaries of employees of such Commission.
[[Page 111 STAT. 1303]]
Office of Inspector General
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act, as
amended, including services as authorized by 5 U.S.C. 3109, hire of
passenger motor vehicles, $960,000; and in addition, not to exceed
$8,645,000 for administrative expenses to audit the Office of
Personnel Management's retirement and insurance programs, to be
transferred from the appropriate trust funds of the Office of Personnel
Management, as determined by the Inspector General: Provided, That the
Inspector General is authorized to rent conference rooms in the District
of Columbia and elsewhere.
government payment for annuitants, employees health benefits
For payment of Government contributions with respect to retired
employees, as authorized by chapter 89 of title 5, United States Code,
and the Retired Federal Employees Health Benefits Act (74 Stat. 849), as
amended, such sums as may be necessary.
government payment for annuitants, employee life insurance
For payment of Government contributions with respect to employees
retiring after December 31, 1989, as required by chapter 87 of title 5,
United States Code, such sums as may be necessary.
payment to civil service retirement and disability fund
For financing the unfunded liability of new and increased annuity
benefits becoming effective on or after October 20, 1969, as authorized
by 5 U.S.C. 8348, and annuities under special Acts to be credited to the
Civil Service Retirement and Disability Fund, such sums as may be
necessary: Provided, <<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. 771-775), may hereafter be paid out of the Civil
Service Retirement and Disability Fund.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office of
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978 (Public Law
95-454), the Whistleblower Protection Act of 1989 (Public
Law 101-12), Public Law 103-424, and the Uniformed Services Employment
and Reemployment Act of 1994 (Public Law 103-353), including services as
authorized by 5 U.S.C. 3109, payment of fees and expenses for witnesses,
rental of conference rooms in the District of Columbia and elsewhere,
and hire of passenger motor vehicles; $8,450,000.
[[Page 111 STAT. 1304]]
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $33,921,000: 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, 1998''.
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. None of the funds made available by this Act shall be
available for any activity or for paying the salary of any Government
employee where funding an activity or paying a salary to a Government
employee would result in a decision, determination, rule, regulation, or
policy that would prohibit the enforcement of section 307 of the Tariff
Act of 1930.
Sec. 504. None of the funds made available by this Act shall be
available in fiscal year 1998, for the purpose of transferring control
over the Federal Law Enforcement Training Center located at Glynco,
Georgia, and Artesia, New Mexico, out of the Department of the Treasury.
Sec. 505. The Office of Personnel Management may, during the fiscal
year ending September 30, 1998, and hereafter, accept donations of
supplies, services, land, and equipment for the Federal Executive
Institute and Management Development Centers to assist in enhancing the
quality of Federal management.
Sec. 506. No part of any appropriation contained in this Act shall
be available to pay the salary for any person filling a position, other
than a temporary position, formerly held by an employee who has left to
enter the Armed Forces of the United States and has satisfactorily
completed his period of active military or naval service, and has within
90 days after his release from such service or from hospitalization
continuing after discharge for a period of not more than 1 year, made
application for restoration to his former position and has been
certified by the Office of Personnel Management as still qualified to
perform the duties of his former position and has not been restored
thereto.
Sec. 507. 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'').
[[Page 111 STAT. 1305]]
Sec. 508. (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. 509. If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bearing a ``Made in
America'' inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not made in the
United States, such person shall be ineligible to receive any contract
or subcontract made with funds provided pursuant to this Act, pursuant
to the debarment, suspension, and ineligibility procedures described in
sections 9.400 through 9.409 of title 48, Code of Federal Regulations.
Sec. 510. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the end
of fiscal year 1998 from appropriations made available for salaries and
expenses for fiscal year 1998 in this Act, shall remain available
through September 30, 1999, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the House and
Senate Committees on Appropriations for approval prior to the
expenditure of such funds: Provided further, That these requests shall
be made in compliance with reprogramming guidelines.
Sec. 511. None of the funds made available in this Act may be used
by the Executive Office of the President to request from the Federal
Bureau of Investigation any official background investigation report on
any individual, except when it is made known to the Federal official
having authority to obligate or expend such funds that--
(1) such individual has given his or her express written
consent for such request not more than 6 months prior to the
date of such request and during the same presidential
administration; or
(2) such request is required due to extraordinary
circumstances involving national security.
Sec. 512. (a) Prohibiting Reappointment of Members of Federal
Election Commission.--Section 306(a)(2)(A) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 437c(a)(2)(A)) is
amended by striking ``for terms of 6 years'' and inserting ``for a
single term of 6 years''.
<<NOTE: 2 USC 437c note.>> (b) Applicability.--The amendment made by
subsection (a) shall apply with respect to individuals nominated by the
President to be members of the Federal Election Commission after
December 31, 1997.
Sec. 513. No funds appropriated by this Act shall be available to
pay for an abortion, or the administrative expenses in connection with
any health plan under the Federal employees health benefit program which
provides any benefits or coverage for abortions.
Sec. 514. The provision of section 513 shall not apply where the
life of the mother would be endangered if the fetus were carried to
term, or the pregnancy is the result of an act of rape or incest.
[[Page 111 STAT. 1306]]
Sec. 515. Section 1 under the subheading ``General Provision'' under
the heading ``Office of Personnel Management'' under title IV of the
Treasury, Postal Service and General Government Appropriations Act, 1992
(Public Law 102-141; 105 Stat. 861; 5 U.S.C. 5941 note), as amended by
section 532 of the Treasury, Postal Service and General Government
Appropriations Act, 1995 (Public Law 103-329; 108 Stat. 2413), and by
section 5 under the heading ``General Provisions--Office of Personnel
Management'' under title IV of the Treasury, Postal Service, and General
Government Appropriations Act, 1996 (Public Law 104-52; 109 Stat. 490),
is further amended by striking ``1998'' both places it appears and
inserting ``2000''.
Sec. 516. (a) Title 5, United States Code, is amended--
(1) in section 8334 by adding at the end the following new
subsection:
``(m) A Member who has served in a position in the executive branch
for which the rate of basic pay was reduced for the duration of the
service of the Member to remove the impediment to the appointment of the
Member imposed by article I, section 6, clause 2 of the Constitution, or
the survivor of such a Member, may deposit to the credit of the Fund an
amount equal to the difference between the amount deducted from the
basic pay of the Member during that period of service and the amount
that would have been deducted if the rate of basic pay which would
otherwise have been in effect during that period had been in effect,
plus interest computed under subsection (e).'';
(2) in section 8337(a) by striking ``or (q)'' and inserting
``(q), or (r)'';
(3) in section 8339--
(A) in subsections (f) and (i) through (m) by
striking ``and (q) of this section'' and ``and (q)''
each time either appears and inserting ``(q), and (r)'';
(B) in subsection (g) by striking ``or (q) of this
section'' each time it appears and inserting ``(q), or
(r)''; and
(C) by adding at the end the following new
subsection:
``(r) The annuity of a Member who has served in a position in the
executive branch for which the rate of basic pay was reduced for the
duration of the service of the Member in that position to remove the
impediment to the appointment of the Member imposed by article I,
section 6, clause 2 of the Constitution, shall, subject to a deposit in
the Fund as provided under section 8334(m), be computed as though the
rate of basic pay which would otherwise have been in effect during that
period of service had been in effect.'';
(4) in section 8341(b)(1) and (d) by striking ``and (q) of
this title'' each place it appears and inserting ``(q), and
(r)'';
(5) in section 8334a(c) by striking ``and (q) of section
8339 of this title'' and inserting ``(q), and (r) of section
8339'';
(6) in section 8344(a)(A) by striking ``and (q) of this
title'' and inserting ``(q), and (r)'';
(7) in section 8415 by adding at the end the following new
subsection:
``(h) The annuity of a Member who has served in a position in the
executive branch for which the rate of basic pay was reduced for the
duration of the service of the Member in that position to remove the
impediment to the appointment of the Member imposed by article I,
section 6, clause 2 of the Constitution, shall,
[[Page 111 STAT. 1307]]
subject to a deposit in the Fund as provided under section 8422(g), be
computed as though the rate of basic pay which would otherwise have been
in effect during that period of service had been in effect.''.
(8) in section 8422 by adding at the end the following new
subsection:
``(g) A Member who has served in a position in the executive branch
for which the rate of basic pay was reduced for the duration of the
service of the Member to remove the impediment to the appointment of the
Member imposed by article I, section 6, clause 2 of the Constitution, or
the survivor of such a Member, may deposit to the credit of the Fund an
amount equal to the difference between the amount deducted from the
basic pay of the Member during that period of service and the amount
that would have been deducted if the rate of basic pay which would
otherwise have been in effect during that period had been in effect,
plus interest computed under section 8334(e).''; and
(9) in section 8468 by striking ``through (f)'' and
inserting ``through (g)''.
<<NOTE: Applicability. Effective date. 5 USC 8334a.>> (b) The
amendments made by subsection (a) shall be applicable to any annuity
commencing before, on, or after the date of enactment of this Act, and
shall be effective with regard to any payment made after the first month
following the date of enactment.
Sec. 517. (a) Section 5948 of title 5, United States Code, is
amended--
(1) in subsection (d) by striking the second sentence and
inserting the following: ``No agreement shall be entered into
under this section later than September 30, 2000, nor shall any
agreement cover a period of service extending beyond September
30, 2002.''; and
(2) in subsection (j)(2)(A) by striking ``September 30,
1997'' and inserting ``September 30, 2000''.
(b) Section 3 of the Federal Physicians Comparability Allowance Act
of 1978 (5 U.S.C. 5948 note) is amended by striking ``September 30,
1999'' and inserting ``September 30, 2002''.
<<NOTE: Effective date. 5 USC 5948 note.>> (c) The amendments made
by this section shall take effect on the date of enactment of this Act.
Sec. 518. (a)(1) Section 8341 of title 5, United States Code, is
amended by adding at the end the following:
``(k)(1) Subsections (b)(3)(B), (d)(ii), and (h)(3)(B)(i) (to the
extent that they provide for termination of a survivor annuity because
of a remarriage before age 55) shall not apply if the widow, widower, or
former spouse was married for at least 30 years to the individual on
whose service the survivor annuity is based.
``(2) A remarriage described in paragraph (1) shall not be taken
into account for purposes of section 8339(j)(5)(B) or (C) or any other
provision of this chapter which the Office may by regulation identify in
order to carry out the purposes of this subsection.''.
(2) Such section 8341 is further amended--
(A) in subsections (b)(3)(B) and (d)(ii) by striking
``remarries'' and inserting ``except as provided in subsection
(k), remarries''; and
(B) in subsection (h)(3)(B)(i) by striking ``in'' and
inserting ``except as provided in subsection (k), in''.
(b)(1)(A) Section 8442(d) of title 5, United States Code, is amended
by adding at the end the following:
[[Page 111 STAT. 1308]]
``(3) Paragraph (1)(B) (relating to termination of a survivor
annuity because of a remarriage before age 55) shall not apply if the
widow or widower was married for at least 30 years to the individual on
whose service the survivor annuity is based.''.
(B) Subsection (d)(1)(B) of such section 8442 is amended by striking
``remarries'' and inserting ``except as provided in paragraph (3),
remarries''.
(2)(A) Section 8445 of title 5, United States Code, is amended by
adding at the end the following:
``(h)(1) Subsection (c)(2) (to the extent that it provides for
termination of a survivor annuity because of a remarriage before age 55)
shall not apply if the former spouse was married for at least 30 years
to the individual on whose service the survivor annuity is based.
``(2) A remarriage described in paragraph (1) shall not be taken
into account for purposes of section 8419(b)(1)(B) or any other
provision of this chapter which the Office may by regulation identify in
order to carry out the purposes of this subsection.''.
(B) Subsection (c)(2) of such section 8445 is amended by striking
``shall'' and inserting ``except as provided in subsection (h), shall''.
<<NOTE: Applicability. 5 USC 8341 note.>> (c) The amendments made by
this section shall apply with respect to remarriages occurring on or
after January 1, 1995.
TITLE VI--GENERAL PROVISIONS
Departments, Agencies, and Corporations
Sec. 601. Funds appropriated in this or any other Act may be used to
pay travel to the United States for the immediate family of employees
serving abroad in cases of death or life threatening illness of said
employee.
Sec. 602. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 1998 shall obligate or expend any such funds, unless such
department, agency, or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to ensure that
all of its workplaces are free from the illegal use, possession, or
distribution of controlled substances (as defined in the Controlled
Substances Act) by the officers and employees of such department,
agency, or instrumentality.
Sec. 603. Notwithstanding 31 U.S.C. 1345, any agency, department, or
instrumentality of the United States which provides or proposes to
provide child care services for Federal employees may reimburse any
Federal employee or any person employed to provide such services for
travel, transportation, and subsistence expenses incurred for training
classes, conferences, or other meetings in connection with the provision
of such services: Provided, That any per diem allowance made pursuant to
this section shall not exceed the rate specified in regulations
prescribed pursuant to section 5707 of title 5, United States Code.
<<NOTE: 31 USC 1343 note.>> Sec. 604. Unless otherwise specifically
provided, the maximum amount allowable during the current fiscal year in
accordance with section 16 of the Act of August 2, 1946 (60 Stat. 810),
for the purchase of any passenger motor vehicle (exclusive of buses,
ambulances, law enforcement, and undercover surveillance vehicles), is
hereby fixed at $8,100 except station wagons for which the maximum shall
be $9,100: Provided, That these limits may be exceeded
[[Page 111 STAT. 1309]]
by not to exceed $3,700 for police-type vehicles, and by not to exceed
$4,000 for special heavy-duty vehicles: Provided further, That the
limits set forth in this section may not be exceeded by more than 5
percent for electric or hybrid vehicles purchased for demonstration
under the provisions of the Electric and Hybrid Vehicle Research,
Development, and Demonstration Act of 1976: Provided further, That the
limits set forth in this section may be exceeded by the incremental cost
of clean alternative fuels vehicles acquired pursuant to Public Law 101-
549 over the cost of comparable conventionally fueled vehicles.
Sec. 605. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel, or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances, in accordance with 5 U.S.C. 5922-5924.
<<NOTE: 5 USC 3101 note.>> Sec. 606. Unless otherwise specified
during the current fiscal year, no part of any appropriation contained
in this or any other Act shall be used to pay the compensation of any
officer or employee of the Government of the United States (including
any agency the majority of the stock of which is owned by the Government
of the United States) whose post of duty is in the continental United
States unless such person: (1) is a citizen of the United States; (2) is
a person in the service of the United States on the date of enactment of
this Act who, being eligible for citizenship, has filed a declaration of
intention to become a citizen of the United States prior to such date
and is actually residing in the United States; (3) is a person who owes
allegiance to the United States; (4) is an alien from Cuba, Poland,
South Vietnam, the countries of the former Soviet Union, or the Baltic
countries lawfully admitted to the United States for permanent
residence; (5) is a South Vietnamese, Cambodian, or Laotian refugee
paroled in the United States after January 1, 1975; or (6) is a national
of the People's Republic of China who qualifies for adjustment of status
pursuant to the Chinese Student Protection Act of 1992: Provided, That
for the purpose of this section, an affidavit signed by any such person
shall be considered prima facie evidence that the requirements of this
section with respect to his or her status have been complied with:
Provided further, That any person making a false affidavit shall be
guilty of a felony, and, upon conviction, shall be fined no more than
$4,000 or imprisoned for not more than 1 year, or both: Provided
further, That the above penal clause shall be in addition to, and not in
substitution for, any other provisions of existing law: Provided
further, That any payment made to any officer or employee contrary to
the provisions of this section shall be recoverable in action by the
Federal Government. This section shall not apply to citizens of Ireland,
Israel, or the Republic of the Philippines, or to nationals of those
countries allied with the United States in a current defense effort, or
to international broadcasters employed by the United States Information
Agency, or to temporary employment of translators, or to temporary
employment in the field service (not to exceed 60 days) as a result of
emergencies.
Sec. 607. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment
to the General Services Administration for charges for space and
services and those expenses of renovation and alteration of
[[Page 111 STAT. 1310]]
buildings and facilities which constitute public improvements performed
in accordance with the Public Buildings Act of 1959 (73 Stat. 749), the
Public Buildings Amendments of 1972 (87 Stat. 216), or other applicable
law.
Sec. 608. In addition to funds provided in this or any other Act,
all Federal agencies are authorized to receive and use funds resulting
from the sale of materials, including Federal records disposed of
pursuant to a records schedule recovered through recycling or waste
prevention programs. Such funds shall be available until expended for
the following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 12873
(October 20, 1993), including any such programs adopted prior to
the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 609. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations
and agencies subject to chapter 91 of title 31, United States Code,
shall be available, in addition to objects for which such funds are
otherwise available, for rent in the District of Columbia; services in
accordance with 5 U.S.C. 3109; and the objects specified under this
head, all the provisions of which shall be applicable to the expenditure
of such funds unless otherwise specified in the Act by which they are
made available: Provided, That in the event any functions budgeted as
administrative expenses are subsequently transferred to or paid from
other funds, the limitations on administrative expenses shall be
correspondingly reduced.
Sec. 610. No part of any appropriation for the current fiscal year
contained in this or any other Act shall be paid to any person for the
filling of any position for which he or she has been nominated after the
Senate has voted not to approve the nomination of said person.
Sec. 611. No part of any appropriation contained in this or any
other Act shall be available for interagency financing of boards (except
Federal Executive Boards), commissions, councils, committees, or similar
groups (whether or not they are interagency entities) which do not have
a prior and specific statutory approval to receive financial support
from more than one agency or instrumentality.
Sec. 612. Funds made available by this or any other Act to the
Postal Service Fund (39 U.S.C. 2003) shall be available for employment
of guards for all buildings and areas owned or occupied by the Postal
Service and under the charge and control of the Postal Service, and such
guards shall have, with respect to such property, the powers of special
policemen provided by the first section of the Act of June 1, 1948, as
amended (62 Stat. 281; 40 U.S.C. 318), and, as to property owned or
occupied by the Postal Service, the Postmaster General may take the same
actions as the Administrator of General Services may take under the
provisions of sections 2 and 3 of the Act of June 1, 1948, as amended
(62 Stat. 281; 40 U.S.C. 318a and 318b), attaching thereto penal
consequences under the authority and within the limits provided
[[Page 111 STAT. 1311]]
in section 4 of the Act of June 1, 1948, as amended (62 Stat. 281; 40
U.S.C. 318c).
Sec. 613. None of the funds made available pursuant to the
provisions of this Act shall be used to implement, administer, or
enforce any regulation which has been disapproved pursuant to a
resolution of disapproval duly adopted in accordance with the applicable
law of the United States.
<<NOTE: 5 USC 5343 note.>> Sec. 614. (a) Notwithstanding any other
provision of law, and except as otherwise provided in this section, no
part of any of the funds appropriated for the fiscal year ending on
September 30, 1998, by this or any other Act, may be used to pay any
prevailing rate employee described in section 5342(a)(2)(A) of title 5,
United States Code--
(1) during the period from the date of expiration of the
limitation imposed by section 616 of the Treasury, Postal
Service and General Government Appropriations Act, 1997, until
the normal effective date of the applicable wage survey
adjustment that is to take effect in fiscal year 1998, in an
amount that exceeds the rate payable for the applicable grade
and step of the applicable wage schedule in accordance with such
section 616; and
(2) during the period consisting of the remainder of fiscal
year 1998, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under paragraph (1) by more
than the sum of--
(A) the percentage adjustment taking effect in
fiscal year 1998 under section 5303 of title 5, United
States Code, in the rates of pay under the General
Schedule; and
(B) the difference between the overall average
percentage of the locality-based comparability payments
taking effect in fiscal year 1998 under section 5304 of
such title (whether by adjustment or otherwise), and the
overall average percentage of such payments which was
effective in fiscal year 1997 under such section.
(b) Notwithstanding any other provision of law, no prevailing rate
employee described in subparagraph (B) or (C) of section 5342(a)(2) of
title 5, United States Code, and no employee covered by section 5348 of
such title, may be paid during the periods for which 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.
<<NOTE: Regulations.>> (c) For the purposes of this section, the
rates payable to an employee who is covered by this section and who is
paid from a schedule not in existence on September 30, 1997, shall be
determined under regulations prescribed by the Office of Personnel
Management.
(d) Notwithstanding any other provision of law, rates of premium pay
for employees subject to this section may not be changed from the rates
in effect on September 30, 1997, except to the extent determined by the
Office of Personnel Management to be consistent with the purpose of this
section.
<<NOTE: Applicability.>> (e) This section shall apply with respect
to pay for service performed after September 30, 1997.
(f) For the purpose of administering any provision of law (including
section 8431 of title 5, United States Code, and any
[[Page 111 STAT. 1312]]
rule or regulation that provides premium pay, retirement, life
insurance, or any other employee benefit) that requires any deduction or
contribution, or that imposes any requirement or limitation on the basis
of a rate of salary or basic pay, the rate of salary or basic pay
payable after the application of this section shall be treated as the
rate of salary or basic pay.
(g) Nothing in this section shall be considered to permit or require
the payment to any employee covered by this section at a rate in excess
of the rate that would be payable were this section not in effect.
(h) The Office of Personnel Management may provide for exceptions to
the limitations imposed by this section if the Office determines that
such exceptions are necessary to ensure the recruitment or retention of
qualified employees.
Sec. 615. During the period in which the head of any department or
agency, or any other officer or civilian employee of the Government
appointed by the President of the United States, holds office, no funds
may be obligated or expended in excess of $5,000 to furnish or
redecorate the office of such department head, agency head, officer, or
employee, or to purchase furniture or make improvements for any such
office, unless advance notice of such furnishing or redecoration is
expressly approved by the Committees on Appropriations of the House and
Senate. For the purposes of this section, the word ``office'' shall
include the entire suite of offices assigned to the individual, as well
as any other space used primarily by the individual or the use of which
is directly controlled by the individual.
Sec. 616. Notwithstanding any other provision of law, no executive
branch agency shall purchase, construct, and/or lease any additional
facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without the advance approval of the House and Senate Committees on
Appropriations.
Sec. 617. Notwithstanding section 1346 of title 31, United States
Code, or section 611 of this Act, funds made available for fiscal year
1998 by this or any other Act shall be available for the interagency
funding of national security and emergency preparedness
telecommunications initiatives which benefit multiple Federal
departments, agencies, or entities, as provided by Executive Order No.
12472 (April 3, 1984).
Sec. 618. (a) None of the funds appropriated by this or any other
Act may be obligated or expended by any Federal department, agency, or
other instrumentality for the salaries or expenses of any employee
appointed to a position of a confidential or policy-determining
character excepted from the competitive service
pursuant to section 3302 of title 5, United States Code, without a
certification to the Office of Personnel Management from the head of the
Federal department, agency, or other instrumentality employing the
Schedule C appointee that the Schedule C position was not created solely
or primarily in order to detail the employee to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed services detailed to or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
[[Page 111 STAT. 1313]]
(4) the offices within the Department of Defense for the
collection of specialized national foreign intelligence through
reconnaissance programs;
(5) the Bureau of Intelligence and Research of the
Department of State;
(6) any agency, office, or unit of the Army, Navy, Air
Force, and Marine Corps, the Federal Bureau of Investigation and
the Drug Enforcement Administration of the Department of
Justice, the Department of Transportation, the Department of the
Treasury, and the Department of Energy performing intelligence
functions; and
(7) the Director of Central Intelligence.
Sec. 619. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 1998 shall obligate or expend any such funds, unless such
department, agency, or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to ensure that
all of its workplaces are free from discrimination and sexual harassment
and that all of its workplaces are not in violation of title VII of the
Civil Rights Act of 1964, as amended, the Age Discrimination in
Employment Act of 1967, and the Rehabilitation Act of 1973.
Sec. 620. No part of any appropriation contained in this Act may be
used to pay for the expenses of travel of employees, including employees
of the Executive Office of the President, not directly responsible for
the discharge of official governmental tasks and duties: Provided, That
this restriction shall not apply to the family of the President, Members
of Congress or their spouses, Heads of State of a foreign country or
their designees, persons providing assistance to the President for
official purposes, or other individuals so designated by the President.
<<NOTE: President. Certification. 5 USC 7301 note.>> Sec. 621.
Notwithstanding any provision of law, the President, or his designee,
must certify to Congress, annually, that no person or persons with
direct or indirect responsibility for administering the Executive Office
of the President's Drug-Free Workplace Plan are themselves subject to a
program of individual random drug testing.
Sec. 622. (a) None of the funds made available in this or any other
Act may be obligated or expended for any employee training that--
(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
[[Page 111 STAT. 1314]]
medical ramifications of HIV/AIDS and the workplace rights of
HIV-positive employees.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 623. No funds appropriated in this or any other Act for fiscal
year 1998 may be used to implement or enforce the agreements in Standard
Forms 312 and 4355 of the Government or any other nondisclosure policy,
form, or agreement if such policy, form, or agreement does not contain
the following provisions: ``These restrictions are consistent with and
do not supersede, conflict with, or otherwise alter the employee
obligations, rights, or liabilities created by Executive Order No.
12356; section 7211 of title 5, United States Code (governing
disclosures to Congress); section 1034 of title 10, United States Code,
as amended by the Military Whistleblower Protection Act (governing
disclosure to Congress by members of the military); section 2302(b)(8)
of title 5, United States Code, as amended by the Whistleblower
Protection Act (governing disclosures of illegality, waste, fraud, abuse
or public health or safety threats); the Intelligence Identities
Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures
that could expose confidential Government agents); and the statutes
which protect against disclosure that may compromise the national
security, including sections 641, 793, 794, 798, and 952 of title 18,
United States Code, and section 4(b) of the Subversive Activities Act of
1950 (50 U.S.C. 783(b)). The definitions, requirements, obligations,
rights, sanctions, and liabilities created by said Executive order and
listed statutes are incorporated into this agreement and are
controlling.'': Provided, That notwithstanding the preceding paragraph,
a nondisclosure policy form or agreement that is to be executed by a
person connected with the conduct of an intelligence or intelligence-
related activity, other than an employee or officer of the United States
Government, may contain provisions appropriate to the particular
activity for which such document is to be used. Such form or agreement
shall, at a minimum, require that the person will not disclose any
classified information received in the course of such activity unless
specifically authorized to do so by the United States Government. Such
nondisclosure forms shall also make it clear that they do not bar
disclosures to Congress or to an authorized official of an executive
agency or the Department of Justice that are essential to reporting a
substantial violation of law.
Sec. 624. No part of any funds appropriated in this or any other Act
shall be used by an agency of the executive branch, other than for
normal and recognized executive-legislative relationships, for publicity
or propaganda purposes, and for the preparation, distribution or use of
any kit, pamphlet, booklet, publication, radio, television or film
presentation designed to support or defeat legislation pending before
the Congress, except in presentation to the Congress itself.
<<NOTE: Reports.>> Sec. 625. (a) In General.--No later than
September 30, 1998, the Director of the Office of Management and Budget
shall submit to the Congress a report that provides--
(1) estimates of the total annual costs and benefits of
Federal regulatory programs, including quantitative and
nonquantitative measures of regulatory costs and benefits;
[[Page 111 STAT. 1315]]
(2) estimates of the costs and benefits (including
quantitative and nonquantitative measures) of each rule that is
likely to have a gross annual effect on the economy of
$100,000,000 or more in increased costs;
(3) an assessment of the direct and indirect impacts of
Federal rules on the private sector, State and local government,
and the Federal Government; and
(4) recommendations from the Director and a description of
significant public comments to reform or eliminate any Federal
regulatory program or program element that is inefficient,
ineffective, or is not a sound use of the Nation's resources.
(b) Notice.--The Director shall provide public notice and an
opportunity to comment on the report under subsection (a) before the
report is issued in final form.
Sec. 626. None of the funds appropriated by this Act or any other
Act, may be used by an agency to provide a Federal employee's home
address to any labor organization except when it is made known to the
Federal official having authority to obligate or expend such funds that
the employee has authorized such disclosure or that such disclosure has
been ordered by a court of competent jurisdiction.
<<NOTE: 18 USC 846 note.>> Sec. 627. The Secretary of the Treasury
is authorized to establish scientific certification standards for
explosives detection canines, and shall provide, on a reimbursable
basis, for the certification of explosives detection canines employed by
Federal agencies, or other agencies providing explosives detection
services at airports in the United States.
Sec. 628. None of the funds made available in this Act or any other
Act may be used to provide any non-public information such as mailing or
telephone lists to any person or any organization outside of the Federal
Government without the approval of the House and Senate Committees on
Appropriations.
Sec. 629. Notwithstanding section 611, interagency financing is
authorized to carry out the purposes of the National Bioethics Advisory
Commission.
Sec. 630. No part of any appropriation contained in this or any
other Act shall be used for publicity or propaganda purposes within the
United States not heretofore authorized by the Congress.
Sec. 631. None of the funds appropriated in this or any other Act
shall be used to acquire information technologies which do not comply
with part 39.106 (Year 2000 compliance) of the Federal Acquisition
Regulation, unless an agency's Chief Information Officer determines that
noncompliance with part 39.106 is necessary to the function and
operation of the requesting agency or the acquisition is required by a
signed contract with the agency in effect before the date of enactment
of this Act. <<NOTE: Reports.>> Any waiver granted by the Chief
Information Officer shall be reported to the Office of Management and
Budget, and copies shall be provided to Congress.
Sec. 632. For fiscal year 1998, the Secretary of the Treasury is
authorized to use funds made available to the FSLIC Resolution Fund
under Public Law 103-327, not to exceed $33,700,000, to reimburse the
Department of Justice for the reasonable expenses of litigation that are
incurred in the defense of claims against the United States arising from
FIRREA and its implementation.
Sec. 633. Personal Allowance Parity Among NAFTA Parties. (a) In
General.--The United States Trade Representative and the Secretary of
the Treasury, in consultation with the Secretary
[[Page 111 STAT. 1316]]
of Commerce, shall initiate discussions with officials of the
Governments of Mexico and Canada to achieve parity in the duty-free
personal allowance structure of the United States, Mexico, and Canada.
(b) Report.--The United States Trade Representative and the
Secretary of the Treasury shall report to Congress within 90 days after
the date of enactment of this Act on the progress that is being made to
correct any disparity between the United States, Mexico, and Canada with
respect to duty-free personal allowances.
(c) Recommendations.--If parity with respect to duty-free personal
allowances between the United States, Mexico, and Canada is not achieved
within 180 days after the date of enactment of this Act, the United
States Trade Representative and the Secretary of the Treasury shall
submit recommendations to Congress for appropriate legislation and
action.
Sec. 634. None of the funds made available in this Act for the
United States Customs Service may be used to allow the
importation into the United States of any good, ware, article, or
merchandise mined, produced, or manufactured by forced or indentured
child labor, as determined pursuant to section 307 of the Tariff Act of
1930 (19 U.S.C. 1307).
<<NOTE: Reports. 5 USC 5707 note.>> Sec. 635. No later than 30 days
after the enactment of this Act, the Director of the Office of
Management and Budget shall require all Federal departments and agencies
to report total obligations for the expenses of employee relocation. All
obligations incident to employee relocation authorized under either
chapter 57 of title 5, United States Code, or section 901 of the Foreign
Service Act of 1980 (22 U.S.C. 4081; Public Law 96-465), shall be
included. Such information for the past, current, and budget years shall
be included in the agency budget submission to the President. The
Director of the Office of Management and Budget shall prepare a table
presenting obligations for the expenses of employee relocation for all
departments and agencies, and such table shall be transmitted to
Congress each year as part of the President's annual budget.
<<NOTE: 5 USC 5546 note.>> Sec. 636. Notwithstanding any other
provision of law, no part of any appropriation contained in this Act or
any other Act for any fiscal year shall be available for paying Sunday
premium pay to any employee unless such employee actually performed work
during the time corresponding to such premium pay.
Sec. 637. Section 302(g)(1) of the Federal Election Campaign Act of
1971 (2 U.S.C. 432(g)(1)) is amended--
(1) by striking ``and'' after ``Senator,''; and
(2) by inserting after ``candidate,'' the following: ``and
by the Republican and Democratic Senatorial Campaign
Committees''.
Sec. 638. (a) Chapter 31 of title 5, United States Code, is amended
by inserting after section 3112 the following:
``Sec. 3113. Restriction on reemployment after conviction of
certain crimes
``An employee shall be separated from service and barred from
reemployment in the Federal service, if--
``(1) the employee is convicted of a violation of section
201(b) of title 18; and
[[Page 111 STAT. 1317]]
``(2) such violation related to conduct prohibited under
section 1010(a) of the Controlled Substances Import and Export
Act (21 U.S.C. 960(a)).''.
(b) The table of sections for chapter 31 of title 5, United States
Code, is amended by inserting after the item relating to section 3112
the following:
``3113. Restriction on reemployment after conviction of certain
crimes.''.
<<NOTE: Applicability. 5 USC 3113 note.>> (c) This section shall
apply during fiscal year 1998 and each fiscal year thereafter.
Sec. 639. (a) Coordination of Counterdrug Intelligence Centers and
Activities.--(1) Not later than 120 days after the date of enactment of
this Act, the Director of the Office of National Drug Control Policy
shall submit to the appropriate congressional committees, including the
Committees on Appropriations, a plan to improve coordination, and
eliminate unnecessary duplication, among the counterdrug intelligence
centers and counterdrug activities of the Federal Government, including
the centers and activities of the following departments and agencies:
(A) The Department of Defense, including the Defense
Intelligence Agency.
(B) The Department of the Treasury, including the United
States Customs Service and the Financial Crimes Enforcement
Network (FinCEN).
(C) The Central Intelligence Agency.
(D) The Coast Guard.
(E) The Department of Justice, including the National Drug
Intelligence Center (NDIC); the Drug Enforcement Administration,
including the El Paso Intelligence Center (EPIC); and the
Federal Bureau of Investigation.
(2) The purpose of the plan under paragraph (1) is to maximize the
effectiveness of the centers and activities referred to in that
paragraph in achieving the objectives of the national drug control
strategy. In order to maximize such effectiveness, the plan shall--
(A) articulate clear and specific mission statements for
each counterdrug intelligence center and activity, including the
manner in which responsibility for counterdrug intelligence
activities will be allocated among the counterdrug intelligence
centers;
(B) specify the relationship between such centers;
(C) specify the means by which proper oversight of such
centers will be assured;
(D) specify the means by which counterdrug intelligence will
be forwarded effectively to all levels of officials responsible
for United States counterdrug policy; and
(E) specify mechanisms to ensure that State and local law
enforcement agencies are apprised of counterdrug intelligence
acquired by Federal law enforcement agencies in a manner which--
(i) facilitates effective counterdrug activities by
State and local law enforcement agencies; and
(ii) provides such State and local law enforcement
agencies with the information relating to the safety of
officials involved in their counterdrug activities.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
[[Page 111 STAT. 1318]]
(1) The Committee on Foreign Relations, the Committee on the
Judiciary, and the Select Committee on Intelligence of the
Senate.
(2) The Committee on International Relations, the Committee
on the Judiciary, and the Permanent Select Committee on
Intelligence of the House of Representatives.
Sec. 640. No part of any appropriation contained in this or any
other Act shall be available for the payment of the salary of any
officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or employee
or pertaining to the department or agency of such other officer
or employee in any way, irrespective of whether such
communication or contact is at the initiative of such other
officer or employee or in response to the request or inquiry of
such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance of
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of the
Federal Government, or attempts or threatens to commit any of
the foregoing actions with respect to such other officer or
employee, by reason of any communication or contact of such
other officer or employee with any Member, committee, or
subcommittee of the Congress as described in paragraph (1).
Sec. 641. Section 5118(d)(2) of title 31, United States Code, is
amended by striking ``This paragraph shall'' and all that follows
through the end of the paragraph.
<<NOTE: Federal Employees' Retirement System Open Enrollment Act of
1997. 5 USC 8331 note.>> Sec. 642. (a) This section may be cited as
the ``Federal Employees' Retirement System Open Enrollment Act of
1997''.
(b) Any individual who, as of January 1, 1998, is employed by the
Federal Government, and on such date is subject to subchapter III of
chapter 83 of title 5, United States Code, may elect to become subject
to chapter 84 of such title in accordance with regulations promulgated
under subsection (c).
<<NOTE: Regulations.>> (c) The Office of Personnel Management shall
promulgate regulations to carry out the provisions of this section. Such
regulations shall--
(1)(A) subject to subparagraph (B), provide for an election
under subsection (b) to be made not before July 1, 1998, or
after December 31, 1998; and
(B) with respect to a Member of Congress, provide for--
(i) an election under subsection (b) to be made not
before July 1, 1998, or after October 31, 1998; and
(ii) such an election to take effect not before
January 4, 1999;
(2) provide notice and information to individuals who may
make such an election, including information on a comparison of
benefits an individual would receive from coverage under chapter
83 or 84 of title 5, United States Code; and
[[Page 111 STAT. 1319]]
(3) provide for treatment of such an election similar to the
applicable provisions of title III of the Federal Employees'
Retirement System Act of 1986 (Public Law 99-335; 100 Stat. 599
et seq.).
(d)(1) Section 210(a)(5)(H)(i) of the Social Security Act (42 U.S.C.
410(a)(5)(H)(i)) is amended--
(A) by striking ``or'' after ``1986'' and inserting a comma;
and
(B) by inserting ``or the Federal Employees' Retirement
System Open Enrollment Act of 1997'' after ``(50 U.S.C.
2157),''.
(2) Section 3121(b)(5)(H)(i) of the Internal Revenue Code of
1986 <<NOTE: 26 USC 3121.>> is amended--
(A) by striking ``or'' after ``1986'' and inserting a comma;
and
(B) by inserting ``or the Federal Employees' Retirement
System Open Enrollment Act of 1997'' after ``(50 U.S.C.
2157),''.
This Act may be cited as the ``Treasury and General Government
Appropriations Act, 1998''.
Approved October 10, 1997.
LEGISLATIVE HISTORY--H.R. 2378 (S. 1023):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 105-240, Pts. 1-3 (Comm. on Appropriations) and 105-
284 (Comm. of Conference).
SENATE REPORTS: No. 105-49 accompanying S. 1023 (Comm. on
Appropriations).
CONGRESSIONAL RECORD, Vol. 143 (1997):
Sept. 17, considered and passed House; passed Senate,
amended, in lieu of S. 1023.
Sept. 30, House agreed to conference report.
Oct. 1, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 33 (1997):
Oct. 10, Presidential statement.
Oct. 16, President's special message on line item veto.
FEDERAL REGISTER, Vol. 62 (1997):
Oct. 17, Cancellation of item pursuant to the Line Item Veto
Act.
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