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H.R.2403
One Hundred Third Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, one thousand nine hundred and ninety-three
An Act
Making appropriations for the Treasury Department, the United States
Postal Service, the Executive Office of the President, and certain
Independent Agencies, for the fiscal year ending September 30, 1994, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Treasury Department, the United States Postal
Service, the Executive Office of the President, and certain Independent
Agencies, for the fiscal year ending September 30, 1994, and for other
purposes, namely:
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
Salaries and Expenses
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Annex; hire of
passenger motor vehicles; maintenance, repairs, and improvements of, and
purchase of commercial insurance policies for, real properties leased or
owned overseas, when necessary for the performance of official business;
not to exceed $2,900,000 for official travel expenses; not to exceed
$100,000 for official reception and representation expenses, of which
$75,000 is for such expenses of the international affairs function of
the Offices; of which not less than $6,352,000 shall be available for
enforcement activities; not to exceed $1,500,000 to remain available
until expended shall be available for systems modernization
requirements; not to exceed $258,000 for unforeseen emergencies of a
confidential nature, to be allocated and expended under the direction of
the Secretary of the Treasury and to be accounted for solely on his
certificate; not to exceed $488,000, to remain available until expended,
for repairs and improvements to the Main Treasury Building and Annex;
$105,150,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, hire of passenger motor vehicles; not to exceed $2,000,000 for
official travel expenses; not to exceed $100,000 for unforeseen
emergencies of a confidential nature, to be allocated and expended under
the direction of the Inspector General of the Treasury; $28,897,000, of
which $300,000 shall remain available until expended for the Inspectors
General Auditor Training Institute.
Financial Crimes Enforcement Network
Salaries and Expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; not to exceed $4,000 for
official reception and representation expenses; $18,280,000.
Treasury Forfeiture Fund
(limitation of availability of deposits)
For necessary expenses of the Treasury Forfeiture Fund, as
authorized by Public Law 102-393, not to exceed $32,500,000, to be
derived from deposits in the Fund.
Federal Law Enforcement Training Center
Salaries and Expenses
For necessary expenses of the Federal Law Enforcement Training
Center, as a bureau of the Department of the Treasury, including
purchase (not to exceed fifty-two for police-type use) and hire of
passenger motor vehicles; for expenses for student athletic and related
activities; uniforms without regard to the general purchase price
limitation for the current fiscal year; the conducting of and
participating in firearms matches and presentation of awards; for public
awareness and enhancing community support of law enforcement training;
not to exceed $7,000 for official reception and representation expenses;
room and board for student interns; and services as authorized by 5
U.S.C. 3109: Provided, That the Center is authorized to accept gifts:
Provided further, That notwithstanding any other provision of law,
students attending training at any Federal Law Enforcement Training
Center site shall reside in on-Center or Center-provided housing,
insofar as available and in accordance with Center policy: Provided
further, That funds appropriated in this account shall be available for
State and local government law enforcement training on a space-available
basis; training of foreign law enforcement officials on a space-
available basis with reimbursement of actual costs to this
appropriation; training of private sector security officials on a space
available basis with reimbursement of actual costs to this
appropriation; travel expenses of non-Federal personnel to attend State
and local course development meetings at the Center: Provided further,
That the Director of the Federal Law Enforcement Training Center shall
annually present an award to be accompanied by a gift of intrinsic value
to the outstanding student who graduated from a basic training program
at the Center during the previous fiscal year, to be funded by donations
received through the Center's gift authority: 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: Provided further, That the Federal Law Enforcement Training
Center is authorized to provide short term medical services for students
undergoing training at the Center; $47,445,000.
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,
$12,712,000, to remain available until expended.
Financial Management Service
Salaries and Expenses
For necessary expenses of the Financial Management Service,
$209,877,000, of which not to exceed $11,539,000, shall remain available
until expended for systems modernization initiatives.
Bureau of Alcohol, Tobacco and Firearms
Salaries and Expenses
For necessary expenses of the Bureau of Alcohol, Tobacco and
Firearms, including purchase of not to exceed six hundred and fifty
vehicles for police-type use for replacement only and hire of passenger
motor vehicles; hire of aircraft; and services of expert witnesses at
such rates as may be determined by the Director; for payment of per diem
and/or subsistence allowances to employees where an assignment to the
National Response Team during the investigation of a bombing or arson
incident requires an employee to work 16 hours or more per day or to
remain overnight at his or her post of duty; not to exceed $10,000 for
official reception and representation expenses; for training of State
and local law enforcement agencies with or without reimbursement;
provision of laboratory assistance to State and local agencies, with or
without reimbursement; $366,446,000, not to exceed $100,000 shall be
available for hosting or participating in the Interagency Committee on
Women in Federal Law Enforcement Conference, the Law Enforcement
Explorer Scouts Conference, and the International Asian Organized Crime
Conference, of which $22,000,000 shall be available solely for the
enforcement of the Federal Alcohol Administration Act during fiscal year
1994 and, 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
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,000,000 shall be available for the equipping of any vessel,
vehicle, equipment, or aircraft available for official use by a State or
local law enforcement agency if the conveyance will be used in drug-
related joint law enforcement operations with the Bureau of Alcohol,
Tobacco and Firearms and for the payment of overtime salaries, travel,
fuel, training, equipment, and other similar costs of State and local
law enforcement officers that are incurred in joint operations with the
Bureau of Alcohol, Tobacco and Firearms: Provided, That none of the
funds appropriated herein shall be available to investigate or act upon
applications for relief from Federal firearms disabilities under 18
U.S.C. 925(c): Provided further, That such funds shall be available to
investigate and act upon applications filed by corporations for relief
from Federal firearms disabilities under 18 U.S.C. section 925(c):
Provided further, That no funds made available by this or any other Act
may be used to implement any reorganization of the Bureau of Alcohol,
Tobacco and Firearms or transfer of the Bureau's functions, missions, or
activities to other agencies or Departments in the fiscal year ending on
September 30, 1994: 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.
United States Customs Service
Salaries and Expenses
For necessary expenses of the United States Customs Service,
including purchase of up to 1,000 motor vehicles of which 960 are for
replacement only, including 990 for police-type use and commercial
operations; hire of motor vehicles; not to exceed $20,000 for official
reception and representation expenses; and awards of compensation to
informers, as authorized by any Act enforced by the United States
Customs Service; $1,350,668,000, of which such sums as become available
in the Customs User Fee Account, except sums subject to section
13031(f)(3) of the Consolidated Omnibus Reconciliation Act of 1985, as
amended (19 U.S.C. 58c(f)(3)), shall be derived from that Account; of
the total, not to exceed $150,000 shall be available for payment for
rental space in connection with preclearance operations, and not to
exceed $4,000,000 shall be available until expended for research:
Provided, That uniforms may be purchased without regard to the general
purchase price limitation for the current fiscal year: Provided further,
That none of the funds made available by this Act shall be available for
administrative expenses to pay any employee overtime pay in an amount in
excess of $25,000: Provided further, That the Commissioner or the
Commissioner's designee may waive this limitation in individual cases in
order to prevent excessive costs or to meet emergency requirements of
the Service: Provided further, That no funds appropriated by this Act
may be used to reduce to single eight-hour shifts at airports and that
all current services as provided by the Customs Service shall continue
through September 30, 1994: Provided further, That not less than
$750,000 shall be expended for additional part-time and temporary
positions in the Honolulu Customs District.
Operation and Maintenance, Air and Marine Interdiction Programs
For expenses, not otherwise provided for, necessary for the
operation and maintenance of marine vessels, aircraft, and other related
equipment of the Air and Marine Programs, including operational training
and mission-related travel, and rental payments for facilities occupied
by the air or marine interdiction and demand reduction programs:
Provided, That no aircraft or other related equipment shall be
transferred to any other Federal agency, Department, or office outside
of the Department of the Treasury during fiscal year 1994; $47,863,000.
Operations and Maintenance, Customs P-3 Drug Interdiction Program
For necessary expenses of operations, maintenance, modifications to,
spare parts and related equipment for Customs P-3 surveillance aircraft
for carrying out drug interdiction purposes; $28,000,000.
Air and Marine Interdiction Programs, Procurement
For the procurement, construction, and modification of aircraft and
marine vessels, equipment, radar, spare parts, and accessories therefor
of the air and marine interdiction programs; $21,093,000, to remain
available until expended.
customs facilities, construction, improvements and related expenses
For acquisition of necessary additional real property, facilities,
construction, improvements, and related expenses of the United States
Customs Service, $5,000,000, to remain available until expended.
Customs Services at Small Airports
(to be derived from fees collected)
Such sums as may be necessary, not to exceed $1,406,000, for
expenses for the provision of Customs services at certain small airports
or other facilities when authorized by law and designated by the
Secretary of the Treasury, including expenditures for the salary and
expenses of individuals employed to provide such services, to be derived
from fees collected by the Secretary of the Treasury pursuant to section
236 of Public Law 98-573 for each of these airports or other facilities
when authorized by law and designated by the Secretary of the Treasury,
and to remain available until expended.
United States Mint
Salaries and Expenses
For necessary expenses of the United States Mint; $54,770,000,
including amounts for purchase and maintenance of uniforms not to exceed
$285 multiplied by the number of employees of the agency who are
required by regulation or statute to wear a prescribed uniform in the
performance of official duties; and of which $1,517,000 shall remain
available until expended for expansion and improvements.
Bureau of the Public Debt
Administering the Public Debt
For necessary expenses connected with any public-debt issues of the
United States; $187,209,000.
Payment of Government Losses in Shipment
For necessary expenses for ``Payment of Government Losses in
Shipment'', $500,000, to remain available until expended.
Internal Revenue Service
Administration and Management
For necessary expenses of the Internal Revenue Service, not
otherwise provided for; executive direction, management services, and
internal audit and security; including purchase (not to exceed 125 for
replacement only, for police-type use) and hire of passenger motor
vehicles (31 U.S.C. 1343(b)); and services as authorized by 5 U.S.C.
3109, at such rates as may be determined by the Commissioner;
$167,822,000, of which not to exceed $25,000 for official reception and
representation expenses.
Processing Tax Returns and Assistance
For necessary expenses of the Internal Revenue Service, not
otherwise provided for; including processing tax returns; revenue
accounting; statistics of income; providing assistance to taxpayers;
hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner; $1,696,853,000, of which $3,700,000 shall be for the Tax
Counseling for the Elderly Program, no amount of which shall be
available for IRS administrative costs.
Tax Law Enforcement
For necessary expenses of the Internal Revenue Service for
determining and establishing tax liabilities; tax and enforcement
litigation; technical rulings; examining employee plans and exempt
organizations; investigation and enforcement activities; securing
unfiled tax returns; collecting unpaid accounts; the purchase (for
police-type use, not to exceed 600,
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of which not to exceed 450 shall be
for replacement only), and hire of passenger motor vehicles (31 U.S.C.
1343(b)); and services as authorized by 5 U.S.C. 3109, at such rates as
may be determined by the Commissioner: Provided, That additional amounts
above fiscal year 1993 levels for international tax enforcement shall be
used for the establishment and operation of a task force comprised of
senior Internal Revenue Service Attorneys, accountants, and economists
dedicated to enforcement activities related to United States
subsidiaries of foreign-controlled corporations that are in non-
compliance with the Internal Revenue Code: Provided further, That
additional amounts above fiscal year 1993 levels for the information
reporting program shall be used instead for the examination of the tax
returns of high-income and high-asset taxpayers; $4,007,962,000, of
which not to exceed $1,000,000 shall remain available until expended for
research; and of which not less than $350,000,000 shall be available for
tax fraud investigation activities.
Information Systems
For necessary expenses for data processing and telecommunications
support for Internal Revenue Service activities, including: returns
processing and services; compliance and enforcement; program support;
and tax systems modernization; and for the hire of passenger motor
vehicles (31 U.S.C. 1343(b)); and services as authorized by 5 U.S.C.
3109, at such rates as may be determined by the Commissioner:
$1,471,448,000, of which not less than $570,166,000 is for tax systems
modernization, and of which not to exceed $60,000,000 shall remain
available until expended for other systems development projects:
Provided, That of the amounts provided for tax systems modernization not
to exceed $125,000,000 shall remain available until expended: Provided
further, That none of the funds appropriated for tax systems
modernization may be obligated until the Commissioner of the Internal
Revenue Service reports to the Committees on Appropriations of the House
and Senate on the implementation of Tax Systems Modernization.
Administrative Provisions--Internal Revenue Service
Section 1. Not to exceed 4 per centum of any appropriation made
available to the Internal Revenue Service for the current fiscal year by
this Act may be transferred to any other Internal Revenue Service
appropriation upon the approval of the House and Senate Committees on
Appropriations.
Sec. 2. The Internal Revenue Service shall institute and maintain a
training program to insure that Internal Revenue Service employees are
trained in taxpayers' rights, in dealing courteously with the taxpayers,
and in cross-cultural relations.
United States Secret Service
Salaries and Expenses
For necessary expenses of the United States Secret Service,
including purchase (not to exceed three hundred and forty-three vehicles
for police-type use for replacement only) and hire of passenger motor
vehicles; hire of aircraft; training and assistance requested by State
and local governments, which may be provided without reimbursement;
services of expert witnesses at such rates as may be determined by the
Director; rental of buildings in the District of Columbia, and fencing,
lighting, guard booths, and other facilities on private or other
property not in Government ownership or control, as may be necessary to
perform protective functions; for payment of per diem and/or subsistence
allowances to employees where a protective assignment during the actual
day or days of the visit of a protectee require an employee to work 16
hours per day or to remain overnight at his or her post of duty; the
conducting of and participating in firearms matches; presentation of
awards; and for travel of Secret Service employees on protective
missions without regard to the limitations on such expenditures in this
or any other Act: Provided, That approval is obtained in advance from
the House and Senate Committees on Appropriations; for repairs,
alterations, and minor construction at the James J. Rowley Secret
Service Training Center; for research and development; for making grants
to conduct behavioral research in support of protective research and
operations; not to exceed $12,500 for official reception and
representation expenses; not to exceed $50,000 to provide technical
assistance and equipment to foreign law enforcement organizations in
counterfeit investigations; for payment in advance for commercial
accommodations as may be necessary to perform protective functions; and
for uniforms without regard to the general purchase price limitation for
the current fiscal year; $461,931,000, of which not to exceed $300,000
shall be made available for the protection at the one non-governmental
property designated by the President of the United States and $70,000 at
the airport facility used for travel en route to or from such property
under provisions of section 12 of the Presidential Protection Assistance
Act of 1976 (18 U.S.C. 3056 note).
General Provisions--Department of the Treasury
Section 101. Of the funds appropriated by this or any other Act to
the Internal Revenue Service, amounts attributable to efficiency savings
for fiscal year 1994 shall be identified as such by the Commissioner
during that fiscal year: Provided, That in the fiscal year when the
savings are realized, the amount of efficiency savings shall be non-
recurred from the Internal Revenue Service budget base: Provided
further, That on an annual basis, the Internal Revenue Service shall
report to the House and Senate Appropriations Committees on the status
of the program.
Sec. 101A. 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, 1994, shall be made in compliance with the
reprogramming guidelines contained in the House and Senate reports
accompanying H.R. 2403, An Act making appropriations for the Treasury
Department, the United States Postal Service, the Executive Office of
the President, and certain Independent Agencies, for the fiscal year
ending September 30, 1994.
Sec. 102. Appropriations to the Treasury Department in this Act
shall be available for uniforms or allowances therefor, as authorized by
law (5 U.S.C. 5901), including maintenance, repairs, and cleaning;
purchase of insurance for official motor vehicles operated in foreign
countries; purchase of motor vehicles without regard to the general
purchase price limitation for vehicles purchased and used overseas for
the current fiscal year; entering into contracts with the Department of
State for the furnishing of health and medical services to employees and
their dependents serving in foreign countries; and services authorized
by 5 U.S.C. 3109.
Sec. 103. Not to exceed 2 per centum of any appropriations in this
Act for the Department of the Treasury may be transferred between such
appropriations. Notwithstanding any authority to transfer funds between
appropriations contained in this or any other Act, no transfer may
increase or decrease any appropriation in this Act by more than 2 per
centum and any such proposed transfers shall be approved in advance by
the Committees on Appropriations of the House and Senate.
Sec. 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 1954 unless the conduct of officers and
employees of the Internal Revenue Service in connection with such
collection complies with subsection (a) of section 805 (relating to
communications in connection with debt collection), and section 806
(relating to harassment or abuse), of the Fair Debt Collection Practices
Act (15 U.S.C. 1692).
Sec. 105. Notwithstanding any other provision of law, the Secretary
o
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f the Treasury shall establish an Office of the Undersecretary for
Enforcement within the Department of the Treasury by no later than
February 15, 1994.
Sec. 106. (a) Notwithstanding any other provision of law, hereafter,
for purposes of complying with Executive Order No. 12839 and guidance
issued thereunder, the number of civilian personnel positions that the
Department of the Treasury may be required to eliminate in fiscal year
1994 and in fiscal year 1995 shall not exceed a number determined for
each year by multiplying a fiscal year 1993 base which excludes all
exempt positions by the applicable percentages in Executive Order No.
12839.
(b) For the purposes of this section, ``exempt position'' means a
personnel position in the Department of the Treasury which the Secretary
of the Treasury determines to be primarily employed in law enforcement.
Sec. 107. The Internal Revenue Service shall institute policies and
procedures which will safeguard the confidentiality of taxpayer
information.
amendments to title 5
Sec. 108. (a) Title 5 of the United States Code is amended--
(1) in section 5316, by striking ``Commissioner of Customs,
Department of the Treasury.''; and
(2) in section 5315, by adding at the end ``Commissioner of
Customs, Department of the Treasury.''.
(b) The amendments made by this section shall take effect on the
first applicable pay period after enactment.
Sec. 109. Notwithstanding any other provision of this Act, aircraft
which is one-of-a-kind and has been identified as excess to Customs
requirements, and aircraft which is damaged beyond repair, may be
transferred from the Department of the Treasury during fiscal year 1994
upon the advance approval of the House and Senate Committees on
Appropriations.
Sec. 110. The funds provided to the Bureau of Alcohol, Tobacco and
Firearms for fiscal year 1994 in this Act for the enforcement of the
Federal Alcohol Administration Act shall be expended in a manner so as
not to diminish enforcement efforts with respect to section 105 of the
Federal Alcohol Administration Act.
This title may be cited as the ``Treasury Department Appropriations
Act, 1994''.
TITLE II--POSTAL SERVICE
Payment to the Postal Service Fund
For payment to the Postal Service Fund for revenue forgone on free
and reduced rate mail, pursuant to subsection (c) of section 2401 of
title 39, United States Code; $91,434,000: Provided, That mail for
overseas voting and mail for the blind shall continue to be free:
Provided further, That six-day delivery and rural delivery of mail shall
continue at not less than the 1983 level: Provided further, That none of
the funds made available to the Postal Service by this Act shall be used
to implement any rule, regulation, or policy of charging any officer or
employee of any State or local child support enforcement agency, or any
individual participating in a State or local program of child support
enforcement, a fee for information requested or provided concerning an
address of a postal customer: Provided further, That none of the funds
provided in this Act shall be used to consolidate or close small rural
and other small post offices in the fiscal year ending on September 30,
1994.
Payment to the Postal Service Fund for Nonfunded Liabilities
For payment to the Postal Service Fund for meeting the liabilities
of the former Post Office Department to the Employees' Compensation Fund
pursuant to 39 U.S.C. 2004, $38,803,000.
This title may be cited as the ``Postal Service Appropriations Act,
1994''.
TITLE III
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
Compensation of the President
For compensation of the President, including an expense allowance at
the rate of $50,000 per annum as authorized by 3 U.S.C. 102; $250,000:
Provided, That none of the funds made available for official expenses
shall be expended for any other purpose and any unused amount shall
revert to the Treasury pursuant to section 1552 of title 31 of the
United States Code: Provided further, That none of the funds made
available for official expenses shall be considered as taxable to the
President.
The White House Office
Salaries and Expenses
For necessary expenses for the White House as authorized by law,
including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105; including subsistence expenses as
authorized by 3 U.S.C. 105, which shall be expended and accounted for as
provided in that section; hire of passenger motor vehicles, newspapers,
periodicals, teletype news service, and travel (not to exceed $100,000
to be expended and accounted for as provided by 3 U.S.C. 103); not to
exceed $19,000 for official entertainment expenses, to be available for
allocation within the Executive Office of the President; $38,754,000.
Executive Residence at the White House
Operating Expenses
For the care, maintenance, repair and alteration, refurnishing,
improvement, heating and lighting, including electric power and
fixtures, of the Executive Residence at the White House and official
entertainment expenses of the President; $7,925,000, to be expended and
accounted for as provided by 3 U.S.C. 105, 109-110, 112-114.
Official Residence of the Vice President
Operating Expenses
For the care, operation, refurnishing, improvement, heating and
lighting, including electric power and fixtures, of the official
residence of the Vice President, the hire of passenger motor vehicles,
and not to exceed $90,000 for official entertainment expenses of the
Vice President, to be accounted for solely on his certificate; $324,000:
Provided, That advances or repayments or transfers from this
appropriation may be made to any department or agency for expenses of
carrying out such activities.
Special Assistance to the President
Salaries and Expenses
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions, services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
including subsistence expenses as authorized by 3 U.S.C. 106, which
shall be expended and accounted for as provided in that section; and
hire of passenger motor vehicles; $3,270,000.
Council of Economic Advisers
Salaries and Expenses
For necessary expenses of the Council in carrying out its functions
under the Employment Act of 1946 (15 U.S.C. 1021); $3,420,000.
Office of Policy Development
Salaries and Expenses
For necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109, and 3 U.S.C. 107;
$5,122,000.
National Security Council
Salaries and Expenses
For necessary expenses of the National Security Council, including
services as authorized by 5 U.S.C. 3109; $6,648,000.
Office of Administration
Salaries and Expenses
For necessary expenses of the Office of Administration; $24,850,000,
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and
hire of passenger motor vehicles.
Office of Management and Budget
Salaries and Expenses
For necessary expenses of the Office of Management and Budget,
including hire of passenger motor vehicles, services as authorized by 5
U.S.C. 3109; $56,539,000, of which not to exceed $5,000,000, shall be
available to carry out the provisions of 44 U.S.C. chapter 35: Provided,
That, as provided in 31 U.S.C. 1301(a), appropriations shall be applied
only
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to the objects for which appropriations were made except as
otherwise provided by law: Provided further, That none of the funds
appropriated in this Act for the Office of Management and Budget may be
used for the purpose of reviewing any agricultural marketing orders or
any activities or regulations under the provisions of the Agricultural
Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.): Provided
further, That none of the funds made available for the Office of
Management and Budget by this Act may be expended for the altering of
the transcript of actual testimony of witnesses, except for testimony of
officials of the Office of Management and Budget, before the Committee
on Appropriations or the Committee on Veterans' Affairs or their
subcommittees: Provided further, That this proviso shall not apply to
printed hearings released by the Committee on Appropriations or the
Committee on Veterans' Affairs.
Office of National Drug Control Policy
Salaries and Expenses
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to title I of Public Law 100-
690; not to exceed $8,000 for official reception and representation
expenses; for participation in joint projects or in the provision of
services on matters of mutual interest with nonprofit, research, or
public organizations or agencies, with or without reimbursement;
$11,687,000: Provided, That the Office of National Drug Control Policy
shall hire and maintain not less than 40 full-time equivalent positions
in fiscal year 1994: Provided further, That the Office is authorized to
accept, hold, administer, and utilize gifts, both real and personal, for
the purpose of aiding or facilitating the work of the Office.
Unanticipated Needs
For expenses necessary to enable the President to meet unanticipated
needs, in furtherance of the national interest, security, or defense
which may arise at home or abroad during the current fiscal year;
$1,000,000.
Federal Drug Control Programs
High Intensity Drug Trafficking Areas Program
(Including Transfer of Funds)
For necessary expenses of the Office of National Drug Control
Policy's High Intensity Drug Trafficking Areas Program, $86,000,000 for
drug control activities which are consistent with the approved strategy
for each of the High Intensity Drug Trafficking Areas, of which no less
than $43,000,000 shall be transferred to State and local entities for
drug control activities; and of which up to $43,000,000 may be
transferred to Federal agencies and departments at a rate to be
determined by the Director: Provided, That the funds made available
under this head shall be obligated within 90 days of enactment of this
Act.
Special Forfeiture Fund
(including transfer of funds)
For activities authorized by Public Law 100-690, $52,500,000, of
which $28,000,000 shall be derived from deposits in the Special
Forfeiture Fund; of which $25,000,000 shall be transferred to the
Substance Abuse and Mental Health Services Administration, and of which
$10,000,000 shall be available to the Center for Substance Abuse
Prevention for community partnership grants, and of which $5,000,000
shall be available to the Center for Substance Abuse Prevention for the
residential women/children program, and of which $10,000,000 shall be
available for the Substance Abuse Prevention and Treatment Block Grant
to the States; of which $7,500,000, to remain available until expended,
shall be transferred to the Counter-Drug Technology Assessment Center
for counternarcotics research and development projects and shall be
available for transfer to other Federal departments or agencies; of
which $5,000,000 shall be transferred to the Bureau of Alcohol, Tobacco
and Firearms for gang resistance education and training programs; of
which $6,000,000 shall be transferred to the Internal Revenue Service,
``Tax law enforcement'' account, for criminal investigations; of which
$4,000,000 shall be transferred to the Drug Enforcement Administration
for the enhancement of the El Paso Intelligence Center; and of which
$5,000,000 shall be transferred to drug control agencies in amounts to
be determined by the Director, upon the advance approval of the House
and Senate Committees on Appropriations.
This title may be cited as the ``Executive Office Appropriations
Act, 1994''.
TITLE IV
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of the
United States, established by the Administrative Conference Act, as
amended (5 U.S.C. 571 et seq.), including not to exceed $1,000 for
official reception and representation expenses, $1,800,000.
Section 401. (a) Notwithstanding any other provision of law, a
Federal agency when purchasing toner cartridges for use in laser
printers, photocopiers, facsimile machines, or micrographic printers is
authorized to give preference to remanufactured toner cartridges made in
the United States by small businesses and, recycled toner cartridges
unless the contracting or purchasing officer determines in writing
that--
(1) adequate market research establishes that remanufactured or
recycled cartridges for the type of equipment used by the agency do
not exist,
(2) the price or life cycle cost offered for the cartridges is
higher than the original equipment manufacturer's new cartridge, or
(3) remanufactured or recycled cartridges are not available in
quantities needed within the timeframes required.
(b) Nothing in this section shall prohibit the purchase of one newly
manufactured cartridge (or a number equal to those normally supplied at
the time of initial purchase) as a part of an initial printer or copier
acquisition.
(c) The provision of this section shall not affect current law with
respect to Organizations for the Blind or Other Severely Handicapped
(NIB/NISH).
Citizens' Commission on Public Service and Compensation
salaries and expenses
(rescission)
Of the funds made available under this heading in Public Law 102-
393, $250,000 are rescinded.
Advisory Commission on Intergovernmental Relations
salaries and expenses
For expenses necessary to carry out the provisions of the Advisory
Commission on Intergovernmental Relations Act of 1959, as amended (42
U.S.C. 4271-79); $1,000,000, and additional amounts collected from the
sale of publications shall be credited to and used for the purposes of
this appropriation.
General Services Administration
Federal Buildings Fund
limitations on availability of revenue
For additional expenses necessary to carry out the purpose of the
Fund established pursuant to section 210(f) of the Federal Property and
Administrative Services Act of 1949, as amended (40 U.S.C. 490(f)),
$288,486,000, to be deposited into said Fund. The revenues and
collections deposited into the Fund shall be available for necessary
expenses of real property management and related activities not
otherwise provided for, including operation, maintenance, and protection
of federally owned and leased buildings; rental of buildings in the
District of Columbia; restoration of leased premises; moving
governmental agencies (including space adjustments and
telecommunications relocation expenses) in connection with the
assignment, allocation and transfer of space; contractual services
incident to cleaning or servicing buildings, and moving; repair and
alteration of federally owned buildings including grounds, approaches
and appurtenances; care and safeguarding of sites; maintenance,
preservation, demolition, a
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nd equipment; acquisition of buildings and
sites by purchase, condemnation, or as otherwise authorized by law;
acquisition of options to purchase buildings and sites; conversion and
extension of federally owned buildings; preliminary planning and design
of projects by contract or otherwise; construction of new buildings
(including equipment for such buildings); and payment of principal,
interest, taxes, and any other obligations for public buildings acquired
by installment purchase and purchase contract, in the aggregate amount
of $5,251,117,306, of which (1) not to exceed $925,027,306 shall remain
available until expended for construction of additional projects at
locations and at maximum construction improvement costs (including funds
for sites and expenses) as follows:
New Construction:
Alabama:
Montgomery, U.S. Courthouse Annex, $13,091,000
Arkansas:
Little Rock, Old Law School Building Expansion/Alteration,
$13,816,040
Arizona:
Phoenix, U.S. Courthouse, $120,000,000
Safford, a grant to the U.S. Forest Service for Administrative
Offices and Cultural Center, $5,000,000
Sierra Vista, U.S. Magistrates Office, $1,000,000
California:
Sacramento, Federal Building and U.S. Courthouse, $143,082,450
San Jose, Federal Office Building, claim, $1,828,680
Santa Ana, Federal Building and U.S. Courthouse, $103,000,000
Florida:
Jacksonville, U.S. Courthouse, site acquisition and design,
$6,070,120
Tampa, U.S. Courthouse, $66,696,840
Georgia:
Atlanta, Centers for Disease Control, Laboratory and office
building, $12,000,000
Augusta, U.S. Courthouse, $1,000,000
Indiana:
Hammond, U.S. Courthouse, $49,980,000
Iowa:
Burlington, Federal Parking Facility, design and construction,
$2,400,000
Maryland:
Bowie, Bureau of the Census, Computer Center, $27,915,000
Montgomery and Prince George's Counties, Food and Drug
Administration, consolidation, site acquisition, planning and
design, construction, $73,921,000
Massachusetts:
Boston, Federal Building and U.S. Courthouse, $18,620,000
Missouri:
Cape Girardeau, Federal Office Building and U.S. Courthouse,
$3,822,000
Kansas City, U.S. Courthouse, $16,000,000
St. Louis, U.S. Courthouse, $24,000,000
Nebraska:
Omaha, Federal Building and U.S. Courthouse, $9,361,940
New Jersey:
Newark, Martin Luther King, Jr. Federal Building and U.S.
Courthouse, escalation, $4,293,576
New York:
Brooklyn, U.S. Courthouse, $29,400,000
Rochester, Federal center, in addition to the amount previously
provided for this purpose under this heading in Public Law 101-509,
$5,000,000
North Carolina:
Federal Research Park, Environmental Protection Agency Facility,
$8,800,000
North Dakota:
Pembina, Border Station, $96,000
Ohio:
Youngstown, Federal Building and U.S. Courthouse, site
acquisition and design, $4,630,500
Oregon:
Portland, U.S. Courthouse, $96,390,000
Pennsylvania:
Scranton, Federal Building and U.S. Courthouse Annex, site
acquisition and design, $12,093,000
Texas:
Laredo, Federal Building and U.S. Courthouse, $2,986,060
Vermont:
Highgate Springs, Border Station, $6,851,000
Washington:
Lynden, Federal Building, claim, $357,000
West Virginia:
Wheeling, Federal Building and U.S. Courthouse, including
renovations to the existing facility, $36,000,000
Nonprospectus construction projects, $5,525,000:
Provided, That the $5,000,000 for nonprospectus construction projects
made available in Public Law 102-393 for flexiplace work telecommuting
centers, is hereby increased by $1,000,000 from the funds made available
in this Act for nonprospectus construction projects, all of which shall
remain available until expended, for the acquisition, lease,
construction, and equipping of four flexiplace work telecommuting
centers, one of which shall be in Southern Maryland, one of which shall
be in northwestern Virginia, one of which shall be in Hagerstown,
Maryland, and one of which shall be in Fredericksburg, Virginia:
Provided further, That each of the immediately foregoing limits of costs
on new construction projects may be exceeded to the extent that savings
are effected in other such projects, but by not to exceed 10 per centum:
Provided further, That all funds for direct construction projects shall
expire on September 30, 1995, and remain in the Federal Buildings Fund
except funds for projects as to which funds for design or other funds
have been obligated in whole or in part prior to such date: Provided
further, That of the amount made available under this heading for the
Northern Virginia Naval Systems Commands, in Public Law 101-509,
$185,344,000, is hereby rescinded: Provided further, That the amount
made available under the heading ``New Construction'' in Public Law 102-
393, for Hilo, Hawaii, shall be available for payment to a public entity
in the State of Hawaii for the construction of facilities to house
governmental agencies; the governmental agencies to be housed shall be
designated by the Administrator of General Services and such agencies
shall be housed rent free, exclusive of operating expenses: Provided
further, That claims against the Government of less than $100,000
arising from direct construction projects, acquisitions of buildings and
purchase contract projects pursuant to Public Law 92-313, be liquidated
with prior notification to the Committees on Appropriations of the House
and Senate to the extent savings are effected in other such projects;
(2) not to exceed $523,782,000, which shall remain available until
expended, for repairs and alterations: Provided further, That funds in
the Federal Buildings Fund for Repairs and Alterations shall, for
prospectus projects, be limited to the amount by project as follows,
except each project may be increased by an amount not to exceed 10 per
centum unless advance approval is obtained from the Committees on
Appropriations of the House and Senate of a greater amount:
Repairs and Alterations:
Alaska:
Juneau, U.S. Post Office and Courthouse, escalation, $4,082,000
California:
Richmond, SSA Service Center, $3,742,000
San Diego, Federal Building and U.S. Courthouse, $11,023,000
District of Columbia:
Central and West Heating Plants, $11,141,000
Federal Office Building 6, $56,500,000
Georgia:
Atlanta, Martin Luther King Jr., Federal Building, $10,063,000
Illinois:
Chicago, Federal Records Center, $3,379,000
Chicago, John C. Kluczynski Jr., Federal Building, $13,414,000
Indiana:
Jeffersonville, Federal Center, $13,522,000
Maryland:
Baltimore, George H. Fallon Federal Building, escalation,
$4,645,000
Woodlawn, SSA Operations Building, $14,892,000
Massachusetts:
Boston, John F. Kennedy Federal Building (phase 3), $19,200,000
New Jersey:
Newark, Federal Building, 20 Washington Place, $14,000,000
New York:
New York, Federal Building, 201 Varick St., $8,886,000
New York, Jacob K. Javits Federal Building (phase 2),
$14,171,000
Nationwide:
Elevators, $27,022,000
Energy Retrofit Projects, $7,000,000
Facade Alterations, $10,000,000:
Provided, That of the funds appropriated for Energy Retrofit Projects,
$6,000,000, may be used to procure and install phosphoric acid fuel
cells in GSA installations.
Capital Improvements of United States-Mexico, border facilities,
$6,800,000 as follows:
Arizona:
Lukeville, commercial lot expansion, $3,050,000
San Luis, commercial office space, $209,000
San Luis, primary lane expansion and administrative office
space, $3,541,000.
Minor Repairs and Alterations, $270,300,000: Provided, That
additional projects for which prospectuses have been fully approved may
b
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e funded under this category only if advance approval is obtained from
the Committees on Appropriations of the House and Senate: Provided
further, That the difference between the funds appropriated and expended
on any projects in this or any prior Act, under the heading ``Repairs
and Alterations'', may be transferred to Minor Repairs and Alterations
or used to fund authorized increases in prospectus projects: Provided
further, That all funds for repairs and alterations prospectus projects
shall expire on September 30, 1995, and remain in the Federal Buildings
Fund except funds for projects as to which funds for design or other
funds have been obligated in whole or in part prior to such date:
Provided further, That the amount provided in this or any prior Act for
Minor Repairs and Alterations may be used to pay claims against the
Government arising from any projects under the heading ``Repairs and
Alterations'' or used to fund authorized increases in prospectus
projects; (3) not to exceed $118,108,000 for installment acquisition
payments including payments on purchase contracts; (4) not to exceed
$2,117,421,000 for rental of space; (5) not to exceed $1,226,085,000 for
real property operations; (6) not to exceed $156,613,000 for program
direction and centralized services; and (7) not to exceed $184,081,000
for design and construction services which shall remain available until
expended: Provided further, That of the funds provided in the
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act for fiscal year 1994 for the
modernization of the Beltsville Agricultural Research Center, the
Department of Agriculture may provide up to $6,000,000 to a nonprofit
entity towards the cost of construction of a facility to house microbial
collections of the Government under such terms as the Department
determines are appropriate: Provided further, That the Department is
authorized to make available sufficient space at the Beltsville
Agricultural Research Center, at such terms as the Department determines
are appropriate, for construction of such a facility: Provided further,
That for the purposes of this authorization, buildings constructed
pursuant to the purchase contract authority of the Public Buildings
Amendments of 1972 (40 U.S.C. 602a), buildings occupied pursuant to
installment purchase contracts, and buildings under the control of
another department or agency where alterations of such buildings are
required in connection with the moving of such other department or
agency from buildings then, or thereafter to be, under the control of
the General Services Administration shall be considered to be federally
owned buildings: Provided further, That none of the funds available to
the General Services Administration, except for the line-item
construction and repairs and alterations projects in this Act shall be
available for expenses in connection with any construction, repair,
alteration, and acquisition project for which a prospectus, if required
by the Public Buildings Act of 1959, as amended, has not been approved,
except that necessary funds may be expended for each project for
required expenses in connection with the development of a proposed
prospectus: Provided further, That no funds shall be made available for
leases, line-item construction, repairs, or alterations projects in this
Act, with the exception of the Safford, Arizona and Rochester, New York
projects, that are subject to section 7(a) of the Public Buildings Act
of 1959 (40 U.S.C. 606(a)) prior to February 1, 1994, unless the
projects are approved by the House Committee on Public Works and
Transportation and the Senate Committee on Environment and Public Works:
Provided further, That subject to the exceptions contained in the
preceding proviso, in no case shall such funds be made available for any
lease, line-item construction, repair, or alterations project referred
to in the preceding proviso if prior to February 1, 1994, the lease,
line-item construction, repair, or alterations project has been
disapproved by the House Committee on Public Works and Transportation or
the Senate Committee on Environment and Public Works: Provided further,
That the Administrator of General Services shall submit detailed
information on each lease, line-item construction, repair, and
alterations project in this Act that is subject to section 7(a) of the
Public Buildings Act of 1959 (40 U.S.C. 606(a)) to the House Committee
on Public Works and Transportation and the Senate Committee on
Environment and Public Works no later than 30 days after the date of
enactment of this Act: 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 1994, excluding reimbursements under section 210(f)(6) of
the Federal Property and Administrative Services Act of 1949 (40 U.S.C.
490(f)(6)) in excess of $5,251,117,306 shall remain in the Fund and
shall not be available for expenditure except as authorized in
appropriations Acts.
Federal Supply Service
operating expenses
For expenses authorized by law, not otherwise provided for,
necessary for property management activities, utilization of excess and
disposal of surplus personal property, rehabilitation of personal
property, transportation management activities, transportation audits by
in-house personnel, procurement, and other related supply management
activities, including services as authorized by 5 U.S.C. 3109;
$43,420,000.
Information Resources Management Service
operating expenses
For expenses authorized by law, not otherwise provided for,
necessary for carrying out governmentwide and internal responsibilities
relating to automated data management, telecommunications, information
resources management, and related activities, including services as
authorized by 5 U.S.C. 3109; $45,675,000.
Federal Property Resources Service
operating expenses
For expenses, not otherwise provided for, necessary for carrying out
the functions of the Administrator with respect to utilization of excess
real property; the disposal of surplus real property, the utilization
survey, deed compliance inspection, appraisal, environmental and
cultural analysis, and land use planning functions pertaining to excess
and surplus real property, including services as authorized by 5 U.S.C.
3109; $15,756,000.
General Management and Administration
salaries and expenses
For necessary expenses, not otherwise provided, for Policy
Direction, Board of Contract Appeals, and accounting, records
management, and other support services incident to adjudication of
Indian Tribal Claims by the United States Court of Claims, and services
authorized by 5 U.S.C. 3109, $31,435,000: Provided, That this
appropriation shall be available for general administrative and staff
support services, subject to reimbursement by the applicable
organization or agencies pursuant to subsections (a) and (b) of section
1535 of title 31, United States Code: Provided further, That not less
than $825,000 shall be available for personnel and associated co
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sts in
support of Congressional District and Senate State offices without
reimbursement from these offices: Provided further, That not to exceed
$5,000 shall be available for official reception and representation
expenses.
Office of Inspector General
For necessary expenses of the Office of Inspector General and
services authorized by 5 U.S.C. 3109, $34,925,000: 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; $2,833,000:
Provided, That the Administrator of General Services shall transfer to
the Secretary of the Treasury such sums as may be necessary to carry out
the provisions of such Acts.
General Provisions--General Services Administration
Section. 1. The appropriate appropriation or fund available to the
General Services Administration shall be credited with the cost of
operation, protection, maintenance, upkeep, repair, and improvement,
included as part of rentals received from Government corporations
pursuant to law (40 U.S.C. 129).
Sec. 2. Funds available to the General Services Administration shall
be available for the hire of passenger motor vehicles.
Sec. 3. Not to exceed 2 per centum of funds made available in
appropriations for operating expenses and salaries and expenses, during
the current fiscal year, may be transferred between such appropriations
for mandatory program requirements. Any proposed transfers shall be
approved in advance by the Committees on Appropriations of the House and
Senate.
Sec. 4. Funds in the Federal Buildings Fund made available for
fiscal year 1994 for Federal Buildings Fund activities may be
transferred between such activities only to the extent necessary to meet
program requirements. Any proposed transfers shall be approved in
advance by the Committees on Appropriations of the House and Senate.
Sec. 5. For fiscal year 1993 and thereafter, at no later than the
end of the fifth fiscal year after the fiscal year for which funds are
appropriated or otherwise made available, unobligated balances of
operating expenses and salaries and expenses appropriations available to
GSA during such fiscal year may be transferred and merged into the
``Major equipment acquisitions and development activity'' of the
Salaries and Expenses, General Management and Administration
appropriation account for agency-wide acquisition of capital equipment,
automated data processing systems, and for financial management and
management information systems needed to implement the Chief Financial
Officers Act, Public Law 101-576, and any other laws or regulations. The
unobligated balances transferred shall remain available until expended:
Provided, That any proposed use of these transferred funds in fiscal
year 1993 and thereafter shall only be made after advance approval by
the Committees on Appropriations of the House and Senate.
Sec. 6. (a) The Act entitled ``An Act to provide retirement,
clerical assistants, and free mailing privileges to former Presidents of
the United States, and for other purposes'', approved August 25, 1958 (3
U.S.C. 102 note), is amended by adding at the end the following new
section:
``Sec. 2. The entitlements of a former President under subsections
(b) and (c) of the first section shall be available--
``(1) in the case of an individual who is a former President on
the effective date of this section, for 5 years, commencing on such
effective date; and
``(2) in the case of an individual who becomes a former
President after such effective date, for 4 years and 6 months,
commencing at the expiration of the period for which services and
facilities are authorized to be provided under section 4 of the
Presidential Transition Act of 1963 (3 U.S.C. 102 note).''.
(b) Section 3214 of title 39, United States Code, is amended--
(1) by striking ``A former President'' and inserting ``(a)
Subject to subsection (b), a former President''; and
(2) by adding at the end the following new subsection:
``(b) Subsection (a) shall cease to apply--
``(1) 5 years after the effective date of this subsection, in
the case of any individual who, on such effective date--
``(A) is a former President (including any individual who
might become entitled to the mailing privilege under subsection
(a) as the surviving spouse of such a former President); or
``(B) is the surviving spouse of a former President; and
``(2) 4 years and 6 months after the expiration of the period
for which services and facilities are authorized to be provided
under section 4 of the Presidential Transition Act of 1963 (3 U.S.C.
102 note), in the case of an individual who becomes a former
President after such effective date (including any surviving spouse
of such individual, as described in the parenthetical matter in
paragraph (1)(A)).''.
(c) The amendments made by subsections (a) and (b) shall take effect
on October 1, 1993.
Sec. 7. Section 204 of the Federal Property and Administrative
Services Act of 1949 is amended by adding a subsection (i) to provide
that the Administrator may retain from the proceeds of sales of personal
property conducted by the General Services Administration amounts
necessary to recover, to the extent practicable, costs incurred by the
General Services Administration (or its agent) in conducting such sales.
The Administrator shall deposit amounts retained into the General Supply
Fund established under section 109(a) of the Federal Property and
Administrative Services Act of 1949 and may use such portion of amounts
so deposited as is necessary to pay (1) direct costs incurred by the
General Services Administration in conducting sales of personal
property, and (2) indirect costs incurred by the General Services
Administration that are reasonably related to those sales. Amounts
retained that are not needed to pay the direct and indirect costs
incurred shall periodically, but not less than annually, be transferred
from the General Supply Fund to the general fund or another appropriate
account in the Treasury.
Sec. 8. Notwithstanding any other provision of law, the
Administrator of General Services is hereby authorized to acquire a site
suitable to the General Services Administration of approximately 4 acres
of land in the City of Tucson, Arizona for a Federal courthouse; this is
to be accomplished through an exchange with the City of Tucson for
Federal real property of comparable value in that city under the
jurisdiction of the General Services Administration.
Sec. 9. None of the funds appropriated by this Act may be obligated
or expended in any way for the purpose of the sale, excessing,
surplusing, or disposal of lands in the vicinity of Norfork Lake,
Arkansas, administered by the Corps of Engineers, Department of the
Army, without the specific approval of the Congress.
Sec. 10. None of the funds appropriated by this Act may be obligated
or expended in any way for the purpose of the sale, excessing,
surplusing, or disposal of lands in the vicinity of Bull Shoals Lake,
Arkansas, administered by the Corps of Engineers, Department of the
Army, without the specific approval of the Congress.
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 Reorgani
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zation Plan Numbered 2 of 1978
and the Civil Service Reform Act of 1978, including services as
authorized by 5 U.S.C. 3109, medical examinations performed for veterans
by private physicians on a fee basis, rental of conference rooms in the
District of Columbia and elsewhere, hire of passenger motor vehicles,
not to exceed $2,500 for official reception and representation expenses,
and advances for reimbursements to applicable funds of the Office of
Personnel Management and the Federal Bureau of Investigation for
expenses incurred under Executive Order 10422 of January 9, 1953, as
amended: Provided, That notwithstanding 31 U.S.C. 3302, the Director is
hereby authorized to accept gifts of goods and services, which shall be
available only for hosting National Civil Service Appreciation
Conferences. Goods and services provided in connection with the
conference may include, but are not limited to, food and refreshments;
rental of seminar rooms, banquet rooms, and facilities; and use of
communications, printing and other equipment. Awards of minimal
intrinsic value will be allowed. Gifts provided by an individual donor
shall not exceed 50 percent of the total value of the gifts provided at
each location; $118,533,000, of which not to exceed $1,000,000 shall be
made available for the establishment of health promotion and disease
prevention programs for Federal employees; and in addition $88,519,000
for administrative expenses, to be transferred from the appropriate
trust funds of the Office of Personnel Management without regard to
other statutes, including direct procurement of health benefits
printing, for the retirement and insurance programs, of which $5,981,000
shall be transferred at such times as the Office of Personnel Management
deems appropriate, and shall remain available until expended for the
costs of automating the retirement recordkeeping systems, together with
remaining amounts authorized in previous Acts for the recordkeeping
systems: Provided further, 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 regulations of the
Office of Personnel Management prescribed pursuant to 5 U.S.C.
8902a(f)(1) and (i), no payment may be made from the Employees Health
Benefits Fund to any physician, hospital, or other provider of health
care services or supplies who is, at the time such services or supplies
are provided to an individual covered under chapter 89 of title 5,
United States Code, excluded, pursuant to section 1128 or 1128A of the
Social Security Act (42 U.S.C. 1320a-7-1320a-7a), from participation in
any program under title XVIII of the Social Security Act (42 U.S.C. 1395
et seq.): Provided further, That no part of this appropriation shall be
available for salaries and expenses of the Legal Examining Unit of the
Office of Personnel Management established pursuant to Executive Order
9358 of July 1, 1943, or any successor unit of like purpose: Provided
further, That the President's Commission on White House Fellows,
established by Executive Order 11183 of October 3, 1964, may, during the
fiscal year ending September 30, 1994, accept donations of money,
property, and personal services in connection with the development of a
publicity brochure to provide information about the White House Fellows,
except that no such donations shall be accepted for travel or
reimbursement of travel expenses, or for the salaries of employees of
such Commission.
Office of Inspector General
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act, as amended,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles; $4,253,000, and in addition, not to exceed $6,514,000
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, $3,805,480,000, to remain available until expended.
Government Payment for Annuitants, Employee Life Insurance
For payment of Government contributions with respect to employees
retiring after December 31, 1989, as required by chapter 87 of title 5,
United States Code, $1,607,000 to remain available until expended.
Payment to Civil Service Retirement and Disability Fund
For financing the unfunded liability of new and increased annuity
benefits becoming effective on or after October 20, 1969, as authorized
by 5 U.S.C. 8348, and annuities under special Acts to be credited to the
Civil Service Retirement and Disability Fund, such sums as may be
necessary: Provided, That annuities authorized by the Act of May 29,
1944, as amended, and the Act of August 19, 1950, as amended (33 U.S.C.
771-75), may hereafter be paid out of the Civil Service Retirement and
Disability Fund.
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; $1,689,000.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, as amended; $23,564,000, of which not to
exceed $5,000 shall be available for reception and representation
expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the Federal Labor
Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978,
and the Civil Service Reform Act of 1978, including services as
authorized by 5 U.S.C. 3109, including hire of experts and consultants,
hire of passenger motor vehicles, rental of conference rooms in the
District of Columbia and elsewhere; $21,341,000: Provided, That public
members of the Federal Service Impasses Panel may be paid travel
expenses and per diem in lieu of subsistence as authorized by law (5
U.S.C. 5703) for persons employed intermittently in the Government
service, and compensation as authorized by 5 U.S.C. 3109.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit Systems
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978 and
the Civil Service Reform Act of 1978, including services as authorized
by 5 U.S.C. 3109, rental of conference rooms in the District of Columbia
and elsewhere, hire of passenger motor vehicles, and direct procurement
of survey printing, $24,674,000, together with not to exceed $1,989,000
for administrative expenses to adjudicate retirement appeals to be
transferred from the Civil Service Retirement and Disability Fund in
amounts determined by the Merit Systems Protection Board.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with National Archives and
Records Administration and related activities, as provided by law, and
for expenses necessary for the review and declassification of documents,
and for
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the hire of passenger motor vehicles, $195,482,000, of which
$5,250,000 for allocations and grants for historical publications and
records as authorized by 44 U.S.C. 2504, as amended, shall remain
available until expended: Provided, That the Archivist of the United
States is authorized to use any excess funds available from the amount
borrowed for construction of the National Archives facility, for
expenses necessary to move into the facility.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office of
Government Ethics pursuant to the Ethics in Government Act of 1978, as
amended by Public Law 100-598, and the Ethics Reform Act of 1989, Public
Law 101-194, including services as authorized by 5 U.S.C. 3109, rental
of conference rooms in the District of Columbia and elsewhere, hire of
passenger motor vehicles, and not to exceed $1,500 for official
reception and representation expenses; $8,313,000: Provided, That
notwithstanding 31 U.S.C. 3302, funds received from fees charged to non-
Federal participants to attend an International Conference on Ethics
shall be credited to and merged with this account, to be available for
carrying out the Conference without further appropriation.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office of
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978 (Public Law 95-454), and the
Whistleblower Protection Act of 1989 (Public Law 101-12), including
services as authorized by 5 U.S.C. 3109, payment of fees and expenses
for witnesses, rental of conference rooms in the District of Columbia
and elsewhere, and hire of passenger motor vehicles; $7,992,000.
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109; $33,650,000: Provided, That
travel expenses of the judges shall be paid upon the written certificate
of the judge.
This title may be cited as the ``Independent Agencies Appropriations
Act, 1994''.
TITLE V--GENERAL PROVISIONS
This Act
Section 501. No part of any appropriation made available in this Act
shall be used for the purchase or sale of real estate or for the purpose
of establishing new offices inside or outside the District of Columbia:
Provided, That this limitation shall not apply to programs which have
been approved by the Congress and appropriations made therefor.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such expenditures
are a matter of public record and available for public inspection,
except where otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 504. No part of any appropriation contained in this Act shall
be available for the procurement of, or for the payment of, the salary
of any person engaged in the procurement of any hand or measuring
tool(s) not produced in the United States or its possessions except to
the extent that the Administrator of General Services or his designee
shall determine that a satisfactory quality and sufficient quantity of
hand or measuring tools produced in the United States or its possessions
cannot be procured as and when needed from sources in the United States
and its possessions, or except in accordance with procedures prescribed
by section 6-104.4(b) of Armed Services Procurement Regulation dated
January 1, 1969, as such regulation existed on June 15, 1970: Provided,
That a factor of 75 per centum in lieu of 50 per centum shall be used
for evaluating foreign source end products against a domestic source end
product. This section shall be applicable to all solicitations for bids
opened after its enactment.
Sec. 505. None of the funds made available to the General Services
Administration pursuant to section 210(f) of the Federal Property and
Administrative Services Act of 1949 shall be obligated or expended after
the date of enactment of this Act for the procurement by contract of any
service which, before such date, was performed by individuals in their
capacity as employees of the General Services Administration in any
position of guards, elevator operators, messengers, and custodians, at
said date, would be terminated as a result of the procurement of such
services, except that such funds may be obligated or expended for the
procurement by contract of the covered services with sheltered workshops
employing the severely handicapped under Public Law 92-28.
Sec. 506. None of the funds made available by this Act for the
Department of the Treasury may be used for the purpose of eliminating
any existing requirement for sureties on customs bonds.
Sec. 507. 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 1930
Tariff Act.
Sec. 508. None of the funds made available by this Act shall be
available for the purpose of transferring control over the Federal Law
Enforcement Training Center located at Glynco, Georgia, Tucson, Arizona,
and Artesia, New Mexico, out of the Treasury Department.
Sec. 509. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes within the United States
not heretofore authorized by the Congress.
Sec. 510. No part of any appropriation contained in this Act shall
be available for the payment of the salary of any officer or employee of
the United States Postal Service, who--
(1) prohibits or prevents, or attempts or threatens to prohibit
or prevent, any officer or employee of the United States Postal
Service from having any direct oral or written communication or
contact with any Member or committee of Congress in connection with
any matter pertaining to the employment of such officer or employee
or pertaining to the United States Postal Service in any way,
irrespective of whether such communication or contact is at the
initiative of such officer or employee or in response to the request
or inquiry of such Member or committee; or
(2) removes, suspends from duty without pay, demotes, reduces in
rank, seniority, status, pay, or performance of efficiency rating,
denies promotion to, relocates, reassigns, transfers, disciplines,
or discriminates in regard to any employment right, entitlement, or
benefit, or any term or condition of employment of, any officer or
employee of the United States Postal Service, or attempts or
threatens to commit any of the foregoing actions with respect to
such officer or employee, by reason of any communication or contact
of such officer or employee with any Member or committee of Congress
as described in paragraph (1) of this subsection.
Sec. 511. Funds under this Act shall be available as authorized by
sections 4501-4506 of title 5, United States Code, when the achievement
involved is certified, or when an award for such achievement is
otherwise payable, in accordance with such sections. Such funds may not
be used for any purpose with respect to which the preceding sentence
relates beyond fiscal year 1994.
Sec. 512. None of the funds appropriated or otherwise made available
to the Department of the Treasury by this or any oth
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er Act shall be
obligated or expended to contract out positions in, or downgrade the
position classifications of, members of the United States Mint Police
Force and the Bureau of Engraving and Printing Police Force, or for
studying the feasibility of contracting out such positions.
Sec. 513. The Office of Personnel Management may, during the fiscal
year ending September 30, 1994, accept donations of supplies, services,
and equipment for the Federal Executive Institute, the Federal Quality
Institute, and Executive Seminar Centers for the enhancement of the
morale and educational experience of attendees.
Sec. 514. No part of any appropriation contained in this Act shall
be available for the procurement of, or for the payment of, the salary
of any person engaged in the procurement of stainless steel flatware not
produced in the United States or its possessions, except to the extent
that the Administrator of General Services or his designee shall
determine that a satisfactory quality and sufficient quantity of
stainless steel flatware produced in the United States or its
possessions, cannot be procured as and when needed from sources in the
United States or its possessions or except in accordance with procedures
provided by section 6-104.4(b) of Armed Services Procurement
Regulations, dated January 1, 1969. This section shall be applicable to
all solicitations for bids issued after its enactment.
Sec. 515. The United States Secret Service may, during the fiscal
year ending September 30, 1994, accept donations of money to off-set
costs incurred while protecting former Presidents and spouses of former
Presidents when the former President or spouse travels for the purpose
of making an appearance or speech for a payment of money or any thing of
value.
Sec. 516. None of the funds made available by this Act may be used
to withdraw the designation of the Virginia Inland Port at Front Royal,
Virginia, as a United States Customs Service port of entry.
Sec. 517A. Such sums as may be necessary for fiscal year 1994 pay
raises for programs funded by this Act shall be absorbed within the
levels appropriated by this Act.
Sec. 517B. (a) Any adjustment required by section 5303 of title 5,
United States Code, to become effective in fiscal year 1994 in the rates
of basic pay for the statutory pay systems shall not be made.
(b) For the purpose of this section, the term ``statutory pay
system'' has the meaning given such term by section 5302(1) of title 5,
United States Code.
Sec. 518. None of the funds made available to the Postal Service by
this Act shall be used to transfer mail processing capabilities from the
Las Cruces, New Mexico postal facility, and that every effort will be
made by the Postal Service to recognize the rapid rate of population
growth in Las Cruces and to automate the Las Cruces, New Mexico postal
facility in order that mail processing can be expedited and handled in
Las Cruces.
Sec. 519. None of the funds in this Act may be used to reduce the
rank or rate of pay of a career appointee in the SES upon reassignment
or transfer.
Sec. 520. No part of any appropriation contained in this Act shall
be available to pay the salary for any person filling a position, other
than a temporary position, formerly held by an employee who has left to
enter the Armed Forces of the United States and has satisfactorily
completed his period of active military or naval service and has within
ninety days after his release from such service or from hospitalization
continuing after discharge for a period of not more than one year made
application for restoration to his former position and has been
certified by the Office of Personnel Management as still qualified to
perform the duties of his former position and has not been restored
thereto.
Sec. 521. None of the funds made available to the United States
Customs Service may be used to collect or impose any land border
processing fee at ports of entry along the United States-Mexico border.
Sec. 522. (a) None of the funds appropriated by this Act may, with
respect to an individual employed by the Bureau of the Public Debt in
the Washington Metropolitan Region on April 10, 1991, be used to
separate, reduce the grade or pay of, or carry out any other adverse
personnel action against such individual for declining to accept a
directed reassignment to a position outside such region, pursuant to a
transfer of any such Bureau's operations or functions to Parkersburg,
West Virginia.
(b) Subsection (a) shall not apply with respect to any individual
who, on or after the date of enactment of this Act, declines an offer of
another position in the Department of the Treasury which is of at least
equal pay and which is within the Washington Metropolitan Region.
Sec. 523. In consideration of the Washington Metropolitan Area
Transit Authority (WMATA) modifying its requirement for acquisition of
General Services Administration (GSA) property at the Suitland Federal
Center in Suitland, Maryland, GSA shall transfer to WMATA, at no cost,
approximately sixteen (16) acres of GSA property to allow WMATA to
construct its proposed Suitland Metrorail Station and related surface
facilities. GSA will bear no additional costs, as a result of this
transaction. The property to be transferred is located at the northeast
quadrant of the intersection of Suitland Parkway at Silver Hill Road and
is the southeastern most portion of the Suitland Federal Center Complex.
It is bounded by Silver Hill Road on the southeast, Suitland Parkway
property owned by the National Park Service on the southwest, the
existing stream valley between Suitland Parkway and the historic
Suitland House on the northwest and on the northeast a line just south
of and parallel to a line from the Suitland House to the existing
Federal Office Building along Silver Hill Road at Randall Road.
Sec. 524. (a) The Secretary of the Treasury shall implement the plan
announced by the Bureau of the Public Debt on March 19, 1991, to
consolidate such Bureau's operations in Parkersburg, West Virginia.
(b) The consolidation referred to in subsection (a) shall be
completed by December 31, 1995, in accordance with the plan of the
Bureau of the Public Debt.
Sec. 525. (a) In General.--Notwithstanding any other provision of
law, including any other law which requires that property of the United
States be used for a particular purpose, the Administrator of General
Services shall convey the property described in subsection (c) to the
State of Maryland.
(b) Terms.--A conveyance of property under this section shall be--
(1) by quitclaim deed;
(2) without monetary consideration; and
(3) subject to such other terms and conditions as the
Administrator determines to be appropriate.
(c) Property Described.--The property referred to in subsection (a)
known as the ``Chesapeake Bay Study Site'' is property located in the
State of Maryland, Queen Annes County, which--
(1) is part of the same land which, by quitclaim deed dated
August 25, 1970, and recorded among the land records of Queen Annes
County, Maryland, at Liber 53, Folio 200, was granted and conveyed
by the State of Maryland, Maryland State Roads Commission, to the
United States of America; and
(2) contains 55 acres more or less according to a survey
prepared by McCrone, Inc., in July 1968 and amended on May 26, 1992.
Sec. 526. None of the funds made available in this Act may be used
to provide any non-public information such as mailing or telephone lists
to any person or any organization outside of the Federal Government
without the approval of the House and Senate Committees on
Appropriations.
Sec. 527. The Administrator of General Services shall promptly
review the need of the General Services Administration for the parcel of
land which it controls and which is located at 424 Trapelo Road in the
City of Waltham, Massachusetts. The Administrator shall promptly
determine to be excess property so much of said p
2000
arcel as is no longer
required for the needs of the General Services Administration. Subject
to agreement between the Administrator and the Secretary of the Army
concerning such portion of the excess property as may be required for
the use of the Corps of Engineers, the Administrator shall transfer such
portion to the Secretary of the Army without reimbursement. The property
not included in such transfer shall be determined to be surplus property
and shall be available only for transfer for a public purpose under
section 203(k) of the Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 484(k)), except that an expression of interest or an
application for a public purpose use under said section other than for
educational purposes may not be received after 45 days from the date the
Administrator determines the property to be surplus. If no transfer
under section 203(k) has been made within one year after the date of
such surplus determination, the Administrator may dispose of the
property in accordance with all applicable provisions of that Act.
SEC. 528. COMPLIANCE WITH BUY AMERICAN ACT.
No funds appropriated pursuant to this Act may be expended by an
entity unless the entity agrees that in expending the assistance the
entity will comply with sections 2 through 4 of the Act of March 3, 1933
(41 U.S.C. 10a-10c, popularly known as the ``Buy American Act'').
SEC. 529. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.
(a) Purchase of American-Made Equipment and Products.--In the case
of any equipment or products that may be authorized to be purchased with
financial assistance provided under this Act, it is the sense of the
Congress that entities receiving such assistance should, in expending
the assistance, purchase only American-made equipment and products.
(b) Notice to Recipients of Assistance.--In providing financial
assistance under this Act, the Secretary of the Treasury shall provide
to each recipient of the assistance a notice describing the statement
made in subsection (a) by the Congress.
SEC. 530. PROHIBITION OF CONTRACTS.
If it has been finally determined by a court or Federal agency that
any person intentionally affixed a label bearing a ``Made in America''
inscription, or any inscription with the same meaning, to any product
sold in or shipped to the United States that is not made in the United
States, such person shall be ineligible to receive any contract or
subcontract made with funds provided pursuant to this Act, pursuant to
the debarment, suspension, and ineligibility procedures described in
section 9.400 through 9.409 of title 48, Code of Federal Regulations.
Sec. 531. (a) Notwithstanding any other provision of law, including
any law which requires that property of the United States be used for a
particular purpose, the Administrator of General Services shall transfer
to the Secretary of the Interior jurisdiction over the 1.9592 acres of
land, and any related structures, located at the southwest corner of
12th and Indian School Road, N.W., Albuquerque, New Mexico, and
described as follows:
A tract of land being within the original Old Indian School Boundary
and situated within the east half (E\1/2\), Section 7, T. sec. 10 N., R.
3E, New Mexico Principal Meridian, Bernalillo County, New Mexico, being
more particularly described by metes and bounds as follows:
Beginning at the southwest corner of said tract being a point
intersecting the easterly right-of-way of 12th Street and the southerly
line of the original 1905 Indian School property, being a brass cap
marked ``R/W 12th St. & Tr. A, cor. 1'', ``KEENE 8489''; Whence from
said point of beginning, the New Mexico State Highway Triangulation
Station I-40-15, having an established coordinate of Y=1,494,103.76 and
X=378,204.72, central zone on the New Mexico coordinate system, being a
brass cap, bears S. 12+19,44"E., and is a distance of 927.86 feet;
Thence N. 08+26,59" E. 79.89 feet along the said easterly right-of-way
to a rebar/cap ``KEENE 8489''; Thence S. 68+50,15" E., a distance of
98.29 feet to a rebar; Thence N. 21+43,45" E., 133.44 feet to a rebar;
Thence S. 64+46,15" E., 154.00 feet to a rebar; Thence N. 22+47,56" E.,
12.94 feet to a rebar; Thence S. 67+47,51" E., 79.53 feet to a rebar;
Thence S. 20+06,41" W., 40.33 feet to a rebar; Thence S. 67+16,45" E.,
105.98 feet to a nail in concrete; Thence S. 22+19,15" W., 224.22 feet
to a nail in pavement; Thence N. 74+56,54" W., 1.33 feet to an angle
point being a brass cap marked ``Tr. A, cor. 13 & Tr. B, cor. 4'',
``KEENE 8489''; Thence N. 61+14,00" W., 125.73 feet to an angle point
being a brass cap marked ``Tr. A, cor. 14 & Tr. 1, cor. 2/ Tr. B, cor.
3'', ``KEENE 8489''; Thence N. 61+14,00" W., 294.33 feet to the point
and place of beginning. Said tract contains an area of 1.9592 acres.
(b) Lands and related structures described in subsection (a) shall,
on and after the transfer of jurisdiction required under subsection (a),
be held by the United States in trust for the benefit and use of the
Nineteen Indian Pueblo Tribes of New Mexico comprising the All Indian
Pueblo Council as tenants in common.
(c) The transfer of the property described in subsection (a) shall
be without monetary consideration.
(d) Lands and related structures held in trust for the benefit and
use of the Nineteen Indian Pueblo Tribes of New Mexico under subsection
(b) shall have the same tax-exempt status as that of other lands and
structures held in trust by the United States for the benefit and use of
an Indian tribe, including exemption from taxes imposed by any State,
county, city or other local governmental entity, and shall be exempt
from any associated land use regulation imposed by any such governmental
entity.
(e) Nothing in this section shall prohibit the use by the Nineteen
Indian Pueblo Tribes of New Mexico of the land and related structures
described in subsection (a) in conjunction with their existing plans for
the economic development of the former Albuquerque Indian School
property conveyed as trust lands on January 15, 1993.
(f) As used in this section, the term ``Nineteen Indian Pueblo
Tribes of New Mexico'' means the following:
1. Pueblo of Acoma.
2. Pueblo of Isleta.
3. Pueblo of Laguna.
4. Pueblo of Picuris.
5. Pueblo of San Felipe.
6. Pueblo of San Ildefonso.
7. Pueblo of San Juan.
8. Pueblo of Santo Domingo.
9. Pueblo of Tesuque.
10. Pueblo of Zuni.
11. Pueblo of Cochiti.
12. Pueblo of Jemez.
13. Pueblo of Nambe.
14. Pueblo of Pojoaque.
15. Pueblo of Sandia.
16. Pueblo of Santa Ana.
17. Pueblo of Santa Clara.
18. Pueblo of Taos.
19. Pueblo of Zia.
Sec. 532. (a) In General.--Notwithstanding any other provision of
law, including any other law which requires that property of the United
States be used for a particular purpose, the real property described in
subsection (c) shall be conveyed to the United States Park Service,
Department of the Interior, by the Administrator of General Services at
such time as the property is reported to the General Services
Administration for disposal as excess to the needs of the Air Force.
(b) Terms.--A conveyance of property under this section shall be
without monetary consideration, and subject to such other terms and
conditions as the Administrator determines to be appropriate.
(c) Property Described.--The real property referred to in subsection
(a) is that part of the Holbrook Radar Bomb Scoring Site, including
housing units, situated in the W\1/2\ of the SE\1/4\ of Section 36,
Township 18 North, Range 20 East, G&SRM, Navajo County, Arizona, and
more particularly described as:
Lots 1, 2, and 3 and Tract A of Cholla Townhomes Subdivision, a
subdivision recorded in Book 14 of Plats at Page 19 in the official
records of Navajo County, Arizona; Except an undivided one-half
interest in all oil, gas, coal, and other hydro-carbon substances
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and minerals as reserved in instrument recorded in Docket 68 at Page
171 in said official records;
Containing 8.00 acres, more or less.
Together with Units 2A, 3A, 4B, 5B, 6A, 7A, 8B, 9B, 10A, 11A, and
12B of the Cholla Townhomes Condominium, a subdivision recorded in Book
14 of Plats at Page 20 in the official records of Navajo County,
Arizona, and any other buildings and improvements thereon and all
rights, hereditaments, easements, and appurtenances thereunto belonging
or in anywise appertaining.
Subject, however, to existing easements for public roads and
highways, public utilities, railroads, and pipelines, and subject to the
following outstanding exceptions and rights:
An undivided one-half interest in all oil, gas, coal or other
hydro-carbon substances and minerals in, upon, or under said land,
and the right to the use of such portions of the surface of said
land as may be necessary for the proper exploration, mining or
otherwise extracting and removing said oil, gas, coal or other
hydro-carbon substances and minerals as reserved in instrument
recorded in Docket 68 at Page 171, official records of Navajo
County, Arizona.
Easements as shown on the plat of Cholla Townhomes subdivision
recorded in Book 14 of Plats at Page 19 in the official records of
Navajo County, Arizona.
Easements and right incident thereto for sewer purposes as set
forth in instrument recorded in Docket 601 at Page 924 of the
official records of Navajo County, Arizona.
Easements created by and the effect of the Declaration of
Horizontal Property Regime recorded in Docket 679 at Page 773 in the
official records of Navajo County, Arizona, and Certificate of
Correction recorded in Docket 678 at Page 815 in said official
records.
Easement and rights incident thereto for electric lines as set
forth in instrument recorded in Docket 883 at Page 213 of the
official records of Navajo County, Arizona.
Liabilities and obligations imposed upon said land by reason of
its inclusion within the Navajo County Flood Control District.
TITLE VI--GOVERNMENTWIDE GENERAL PROVISIONS
Departments, Agencies, and Corporations
Section 601. Funds appropriated in this or any other Act may be
used to pay travel to the United States for the immediate family of
employees serving abroad in cases of death or life threatening illness
of said employee.
Sec. 602. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 1994 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 the provisions of the Act of September 13,
1982 (Public Law 97-258, 31 U.S.C. 1345), any agency, department or
instrumentality of the United States which provides or proposes to
provide child care services for Federal employees may reimburse any
Federal employee or any person employed to provide such services for
travel, transportation, and subsistence expenses incurred for training
classes, conferences or other meetings in connection with the provision
of such services: Provided, That any per diem allowance made pursuant to
this section shall not exceed the rate specified in regulations
prescribed pursuant to section 5707 of title 5, United States Code.
Sec. 604. Unless otherwise specifically provided, the maximum amount
allowable during the current fiscal year in accordance with section 16
of the Act of August 2, 1946 (60 Stat. 810), for the purchase of any
passenger motor vehicle (exclusive of buses, ambulances, law
enforcement, and undercover surveillance vehicles), is hereby fixed at
$7,100 except station wagons for which the maximum shall be $8,100:
Provided, That these limits may be exceeded by not to exceed $3,700 for
police-type vehicles, and by not to exceed $4,000 for special heavy-duty
vehicles: Provided further, That the limits set forth in this section
may not be exceeded by more than five percent for electric or hybrid
vehicles purchased for demonstration under the provisions of the
Electric and Hybrid Vehicle Research, Development, and Demonstration Act
of 1976: Provided further, That the limits set forth in this section may
be exceeded by the incremental cost of clean alternative fuels vehicles
acquired pursuant to Public Law 101-549 over the cost of comparable
conventionally fueled vehicles.
Sec. 605. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances, in accordance with 5 U.S.C. 5992-24.
Sec. 606. Unless otherwise specified during the current fiscal year
no part of any appropriation contained in this or any other Act shall be
used to pay the compensation of any officer or employee of the
Government of the United States (including any agency the majority of
the stock of which is owned by the Government of the United States)
whose post of duty is in the continental United States unless such
person (1) is a citizen of the United States, (2) is a person in the
service of the United States on the date of enactment of this Act who,
being eligible for citizenship, has filed a declaration of intention to
become a citizen of the United States prior to such date and is actually
residing in the United States, (3) is a person who owes allegiance to
the United States, (4) is an alien from Cuba, Poland, South Vietnam, the
countries of the former Soviet Union, or the Baltic countries lawfully
admitted to the United States for permanent residence, or (5) South
Vietnamese, Cambodian, and Laotian refugees paroled in the United States
after January 1, 1975, or (6) nationals of the People's Republic of
China that qualify for adjustment of status pursuant to the Chinese
Student Protection Act of 1992: Provided, That for the purpose of this
section, an affidavit signed by any such person shall be considered
prima facie evidence that the requirements of this section with respect
to his or her status have been complied with: Provided further, That any
person making a false affidavit shall be guilty of a felony, and, upon
conviction, shall be fined no more than $4,000 or imprisoned for not
more than one year, or both: Provided further, That the above penal
clause shall be in addition to, and not in substitution for, any other
provisions of existing law: Provided further, That any payment made to
any officer or employee contrary to the provisions of this section shall
be recoverable in action by the Federal Government. This section shall
not apply to citizens of Ireland, Israel, the Republic of the
Philippines or to nationals of those countries allied with the United
States in the current defense effort, or to international broadcasters
employed by the United States Information Agency, or to temporary
employment of translators, or to temporary employment in the field
service (not to exceed sixty days) as a result of emergencies.
Sec. 607. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment
to the General Services Administration for charges for space and
services and those expenses of renovation and alteration of buildings
and facilities which constitute public improvements performed in
accordance with the Public Buildings Act of 1959 (73 Stat. 749), the
Public Buildings Amendments of 1972 (87 Stat. 216), or other applica
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ble
law.
Sec. 608. 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. 609. 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. 610. Pursuant to section 1415 of the Act of July 15, 1952 (66
Stat. 662), foreign credits (including currencies) owed to or owned by
the United States may be used by Federal agencies for any purpose for
which appropriations are made for the current fiscal year (including the
carrying out of Acts requiring or authorizing the use of such credits),
only when reimbursement therefor is made to the Treasury from applicable
appropriations of the agency concerned: Provided, That such credits
received as exchanged allowances or proceeds of sales of personal
property may be used in whole or part payment for acquisition of similar
items, to the extent and in the manner authorized by law, without
reimbursement to the Treasury.
Sec. 611. No part of any appropriation contained in this or any
other Act shall be available for interagency financing of boards,
commissions, councils, committees, or similar groups (whether or not
they are interagency entities) which do not have a prior and specific
statutory approval to receive financial support from more than one
agency or instrumentality.
Sec. 612. Funds made available by this or any other Act to the
``Postal Service Fund'' (39 U.S.C. 2003) shall be available for
employment of guards for all buildings and areas owned or occupied by
the Postal Service and under the charge and control of the Postal
Service, and such guards shall have, with respect to such property, the
powers of special policemen provided by the first section of the Act of
June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318), and, as to
property owned or occupied by the Postal Service, the Postmaster General
may take the same actions as the Administrator of General Services may
take under the provisions of sections 2 and 3 of the Act of June 1,
1948, as amended (62 Stat. 281; 40 U.S.C. 318a, 318b), attaching thereto
penal consequences under the authority and within the limits provided in
section 4 of the Act of June 1, 1948, as amended (62 Stat. 281; 40
U.S.C. 318c).
Sec. 613. None of the funds made available pursuant to the
provisions of this Act shall be used to implement, administer, or
enforce any regulation which has been disapproved pursuant to a
resolution of disapproval duly adopted in accordance with the applicable
law of the United States.
Sec. 614. No part of any appropriation contained in, or funds made
available by, this or any other Act, shall be available for any agency
to pay to the Administrator of the General Services Administration a
higher rate per square foot for rental of space and services
(established pursuant to section 210(j) of the Federal Property and
Administrative Services Act of 1949, as amended) than the rate per
square foot established for the space and services by the General
Services Administration for the fiscal year for which appropriations
were granted.
Sec. 615. (a)(1) Notwithstanding any other provision of law, no part
of any of the funds appropriated for the fiscal year ending on September
30, 1994, 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--
(A) during that portion of fiscal year 1994 which precedes the
start of the period described in subparagraph (B), in an amount that
exceeds the rate payable for the applicable grade and step of the
applicable wage schedule in accordance with section 616 of the
Treasury, Postal Service, and General Government Appropriations Act,
1993, on the last day of the limitation imposed by such section 616;
and
(B) during the period from the date determined under paragraph
(2) until the end of fiscal year 1994, in an amount that exceeds the
maximum rate allowable under subparagraph (A) by more than the
amount determined under paragraph (3).
(2) The period under paragraph (1)(B) shall begin on the first day
of the first applicable pay period beginning on or after the later of--
(A) the normal effective date of the applicable wage survey
adjustment that is to become effective in fiscal year 1994
(determined as if this section and section 616 of the Treasury,
Postal Service, and General Government Appropriations Act, 1993,
were not in effect); or
(B) January 1, 1994.
(3)(A) If, during fiscal year 1994, employees under the General
Schedule receive locality-based comparability payments under section
5304 of title 5, United States Code, but do not receive a pay adjustment
under section 5303 of such title, the applicable amount under this
paragraph shall be equal to one-fifth of the difference between the
maximum amount allowable under paragraph (1)(A) and the amount that
would be payable under subchapter IV of chapter 53 of such title (taking
into account the applicable wage survey adjustment referred to in
paragraph (2)(A)) were this section and section 616 of the Treasury,
Postal Service, and General Government Appropriations Act, 1993, not in
effect.
(B) If, during fiscal year 1994, employees under the General
Schedule receive a pay adjustment under section 5303 of title 5, United
States Code, and locality-based comparability payments under section
5304 of such title, the applicable amount under this paragraph shall be
equal to--
(i) the amount determined under subparagraph (A); and
(ii) the amount resulting from an increase of 2.2 percent.
(C) The applicable amount under this paragraph shall be zero if
neither subparagraph (A) nor subparagraph (B) applies.
(4) The Office of Personnel Management shall discuss with and
consider the views of the Federal Prevailing Rate Advisory Committee in
carrying out the Office's responsibilities with respect to this
paragraph.
(b) Notwithstanding any other provision of law, no prevailing rate
employee described in subparagraph (B) or (C) of section 5342(a)(2) of
title 5, United States Code, and no employee covered by section 5348 of
such title, may be paid during the periods for which subsection (a) is
in effect at a rate that exceeds the rates that would be payable under
subsection (a) were subsection (a) applicable to such employee.
(c) For the purposes of this section, the rates payable to an
employee who is covered by this section and who is paid from a schedule
that was not in existence on September 30, 1993, 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, 1993, except to the extent determined by the
Office of Personnel Management to be consistent with the purpose of this
section.
(e) The provisions of this section shall apply with respect to pay
for services performed by any affected employee on or after October 1,
1993.
(f) For the purpose of administering any provision of law (including
section 8431 of title 5, U
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nited States Code, and any rule or regulation,
that provides premium pay, retirement, life insurance, or any other
employee benefit) that requires any deduction or contribution, or that
imposes any requirement or limitation, on the basis of a rate of salary
or basic pay, the rate of salary or basic pay payable after the
application of this section shall be treated as the rate of salary or
basic pay.
(g) Nothing in this section shall be considered to permit or require
the payment to any employee covered by this section at a rate in excess
of the rate that would be payable were this section not in effect.
(h) The Office of Personnel Management may prescribe any regulations
which may be necessary to carry out this section.
Sec. 616. 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. 617. (a) Notwithstanding the provisions of sections 112 and 113
of title 3, United States Code, each Executive agency detailing any
personnel shall submit a report on an annual basis in each fiscal year
to the Senate and House Committees on Appropriations on all employees or
members of the armed services detailed to Executive agencies, listing
the grade, position, and offices of each person detailed and the agency
to which each such person is detailed.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed services detailed to or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense for the
collection of specialized national foreign intelligence through
reconnaissance programs;
(5) the Bureau of Intelligence and Research of the Department of
State;
(6) any agency, office, or unit of the Army, Navy, Air Force,
and Marine Corps, the Federal Bureau of Investigation and the Drug
Enforcement Administration of the Department of Justice, the
Department of the Treasury, the Department of Transportation, and
the Department of Energy performing intelligence functions; and
(7) the Director of Central Intelligence.
(c) The exemptions in part (b) of this section are not intended to
apply to information on the use of personnel detailed to or from the
intelligence agencies which is currently being supplied to the Senate
and House Intelligence and Appropriations Committees by the executive
branch through budget justification materials and other reports.
(d) For the purposes of this section, the term ``Executive agency''
has the same meaning as defined under section 105 of title 5, United
States Code (except that the provisions of section 104(2) of title 5,
United States Code, shall not apply), and includes the White House
Office, the Executive Residence, and any office, council, or
organizational unit of the Executive Office of the President.
Sec. 618. No funds appropriated in this or any other Act for fiscal
year 1994 may be used to implement or enforce the agreements in Standard
Forms 312 and 4355 of the Government or any other nondisclosure policy,
form or agreement if such policy, form or agreement does not contain the
following provisions:
``These restrictions are consistent with and do not supersede
conflict with or otherwise alter the employee obligations, rights or
liabilities created by Executive Order 12356; section 7211 of title 5,
United States Code (governing disclosures to Congress); section 1034 of
title 10, United States Code, as amended by the Military Whistleblower
Protection Act (governing disclosure to Congress by members of the
military); section 2302(b)(8) of title 5, United States Code, as amended
by the Whistleblower Protection Act (governing disclosures of
illegality, waste, fraud, abuse or public health or safety threats); the
Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.)
(governing disclosures that could expose confidential Government
agents), and the statutes which protect against disclosure that may
compromise the national security, including sections 641, 793, 794, 798,
and 952 of title 18, United States Code, and section 4(b) of the
Subversive Activities Act of 1950 (50 U.S.C. section 783(b)). The
definitions, requirements, obligations, rights, sanctions and
liabilities created by said Executive Order and listed statutes are
incorporated into this Agreement and are controlling.''.
Sec. 619. 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. 620. (a) None of the funds appropriated by this or any other
Act may be expended by any Federal agency to procure any product or
service that is subject to the provisions of Public Law 89-306 and that
will be available under the procurement by the Administrator of General
Services known as ``FTS2000'' unless--
(1) such product or service is procured by the Administrator of
General Services as part of the procurement known as ``FTS2000''; or
(2) that agency establishes to the satisfaction of the
Administrator of General Services that--
(A) the agency's requirements for such procurement are
unique and cannot be satisfied by property and service procured
by the Administrator of General Services as part of the
procurement known as ``FTS2000''; and
(B) the agency procurement, pursuant to such delegation,
would be cost-effective and would not adversely affect the cost-
effectiveness of the FTS2000 procurement.
(b) After July 31, 1994, subsection (a) shall apply only if the
Administrator of General Services has reported that the FTS2000
procurement is producing prices that allow the Government to satisfy its
requirements for such procurement in the most cost-effective manner.
Sec. 620A. Subsections (c) and (d) of section 3726 of title 31,
United States Code, are amended to read as follows:
``(c) Expenses of transportation audit postpayment contracts and
contract administration, and the expenses of all other transportation
audit and audit-related functions conferred upon the Administrator of
General Services, shall be financed from overpayments collected from
carriers on transportation bills paid by the Government and other
similar type refunds, not to exceed collections. Payment to any
contractor for audit services shall not exceed 50 percent of the
overpayment identified by contract audit.
``(d) At least annually, and as determined by the Administrator,
after making adequate provision for expense of refunds to carriers,
transportation audit postpayment contracts, contract administration, and
other expenses authorized in subsection (c), overpayments collected by
the General Services Administration shall be transferred to
miscellaneous receipts of the Treasury. A report of receipts,
disbursements, and transfers (to miscellaneous receipts) pursuant to
this section shall be made annually in connection with the budget
estimates to the Director of the Office of Management and Budget and to
the Cong
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ress.''.
Sec. 621. (a) No amount of any grant made by a Federal agency shall
be used to finance the acquisition of goods or services (including
construction services) unless the recipient of the grant agrees, as a
condition for the receipt of such grant, to--
(1) specify in any announcement of the awarding of the contract
for the procurement of the goods and services involved (including
construction services) the amount of Federal funds that will be used
to finance the acquisition; and
(2) express the amount announced pursuant to paragraph (1) as a
percentage of the total costs of the planned acquisition.
(b) The requirements of subsection (a) shall not apply to a
procurement for goods or services (including construction services) that
has an aggregate value of less than $500,000.
Sec. 622. Notwithstanding section 1346 of title 31, United States
Code, or section 611 of this Act, funds made available for fiscal year
1994 by this or any other Act shall be available for the interagency
funding of national security and emergency preparedness
telecommunications initiatives which benefit multiple Federal
departments, agencies, or entities, as provided by Executive Order
Numbered 12472 (April 3, 1984).
Sec. 623. Notwithstanding any provisions of this or any other Act,
during the fiscal year ending September 30, 1994, any department,
division, bureau, or office may use funds appropriated by this or any
other Act to install telephone lines, necessary equipment, and to pay
monthly charges, in any private residence or private apartment of an
employee who has been authorized to work at home in accordance with
guidelines issued by the Office of Personnel Management: Provided, That
the head of the department, division, bureau, or office certifies that
adequate safeguards against private misuse exist, and that the service
is necessary for direct support of the agency's mission.
Sec. 624. (a) None of the funds appropriated by this or any other
Act may be obligated or expended by any Federal department, agency, or
other instrumentality for the salaries or expenses of any employee
appointed to a position of a confidential or policy-determining
character excepted from the competitive service pursuant to section 3302
of title 5, United States Code, without a certification to the Office of
Personnel Management from the head of the Federal department, agency, or
other instrumentality employing the Schedule C appointee that the
Schedule C position was not created solely or primarily in order to
detail the employee to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed services detailed to or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense for the
collection of specialized national foreign intelligence through
reconnaissance programs;
(5) the Bureau of Intelligence and Research of the Department of
State;
(6) any agency, office, or unit of the Army, Navy, Air Force,
and Marine Corps, the Federal Bureau of Investigation and the Drug
Enforcement Administration of the Department of Justice, the
Department of the Treasury, and the Department of Energy performing
intelligence functions; and
(7) the Director of Central Intelligence.
Sec. 625. None of the funds appropriated by this or any other Act
may be used to relocate the Department of Justice Immigration Judges
from offices located in Phoenix, Arizona to new quarters in Florence,
Arizona without the prior approval of the House and Senate Committees on
Appropriations.
Sec. 626. None of the funds made available in this Act for
``Allowances and Office Staff for Former Presidents'' may be used for
partisan political activities.
Sec. 627. Section 635 of the Public Law 102-393 is amended in
paragraph (c)(2) by striking ``1993'' and inserting ``1994''.
Sec. 628. Section 404 of the Federal Employees Pay Comparability Act
of 1990 is amended by striking ``Washington, DC-MD-VA Metropolitan
Statistical Area'' and inserting in its place, ``Washington-Baltimore
DC-MD-VA-WV Consolidated Metropolitan Statistical Area''.
Sec. 629. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 1994 shall obligate or expend any such funds, unless such
department, agency or instrumentality has in place by July 1, 1994, 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.
TITLE VII--REVENUE FORGONE REFORM
SHORT TITLE; TABLE OF CONTENTS
Sec. 701. (a) Short Title.--This title may be cited as the ``Revenue
Forgone Reform Act''.
(b) Table of Contents.--The table of contents for this title is as
follows:
Sec. 701. Short title; table of contents.
Sec. 702. References.
Sec. 703. Repeal of authorization of appropriations for mail sent at
reduced rates of postage.
Sec. 704. Establishing reduced rates of postage.
Sec. 705. Eligibility of certain mailings for reduced rates of postage.
Sec. 706. Provisions relating to rates for books and certain other
materials.
Sec. 707. Sense of Congress.
Sec. 708. Technical corrections.
REFERENCES
Sec. 702. Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an amendment to,
or a repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of title 39,
United States Code.
REPEAL OF AUTHORIZATION OF APPROPRIATIONS FOR MAIL SENT AT REDUCED
RATES OF POSTAGE
Sec. 703. (a) In General.--Section 2401(c) is amended--
(1) in the first sentence--
(A) by striking ``if sections'' through ``had not been
enacted'' and inserting ``if sections 3217 and 3403 through 3406
had not been enacted''; and
(B) by striking ``such sections and Acts.'' and inserting
``such sections.''; and
(2) in the second sentence--
(A) by striking ``(i)''; and
(B) by striking ``volume;'' through ``schedules.'' and
inserting ``volume.''.
(b) Applicability.--The amendments made by subsection (a) shall
apply with respect to appropriations for fiscal years beginning after
September 30, 1993.
ESTABLISHING REDUCED RATES OF POSTAGE
Sec. 704. (a) Rates.--
(1) In general.--Section 3626(a) is amended to read as follows:
``(a)(1) Except as otherwise provided in this section, rates of
postage for a class of mail or kind of mailer under former section 4358,
4452(b), 4452(c), 4454(b), or 4454(c) of this title shall be established
in accordance with the applicable provisions of this chapter.
``(2) For the purpose of this subsection--
``(A) the term `costs attributable', as used with respect to a
class of mail or kind of mailer, means the direct and indirect
postal costs attributable to such class of mail or kind of mailer
(excluding any other costs of the Postal Service);
``(B) the term `regular-rate category' means any class of mail
or kind of mailer, other than a class or kind referred to in
paragraph (3)(A) or section 2401(c); and
``(C) the term `institutional-costs contribution', as used with
respect to a class of mail or kind of mailer, means that portion of
the estimated revenues to the Postal Service from such class of mail
or kind of mailer which remains after subtracting an amount equal to
the estimated cost
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s attributable to such class of mail or kind of
mailer.
``(3)(A) Except as provided in paragraph (4) or (5), rates of
postage for a class of mail or kind of mailer under former section 4358,
4452(b), 4452(c), 4554(b), or 4554(c) of this title shall be established
in a manner such that the estimated revenues to be received by the
Postal Service from such class of mail or kind of mailer shall be equal
to the sum of--
``(i) the estimated costs attributable to such class of mail or
kind of mailer; and
``(ii) the product derived by multiplying the estimated costs
referred to in clause (i) by the applicable percentage under
subparagraph (B).
``(B) The applicable percentage for any class of mail or kind of
mailer referred to in subparagraph (A) shall be the product derived by
multiplying--
``(i) the percentage which, for the most closely corresponding
regular-rate category, the institutional-costs contribution for such
category represents relative to the estimated costs attributable to
such category of mail, times
``(ii)(I) one-twelfth, for fiscal year 1994;
``(II) one-sixth, for fiscal year 1995;
``(III) one-fourth, for fiscal year 1996;
``(IV) one-third, for fiscal year 1997;
``(V) five-twelfths, for fiscal year 1998; and
``(VI) one-half, for any fiscal year after fiscal year 1998.
``(C) Temporary special authority to permit the timely
implementation of the preceding provisions of this paragraph is provided
under section 3642.
``(D) For purposes of establishing rates of postage under this
subchapter for any of the classes of mail or kinds of mailers referred
to in subparagraph (A), subclauses (I) through (V) of subparagraph
(B)(ii) shall be deemed amended by striking the fraction specified in
each such subclause and inserting `one-half'.
``(4) The rates for the advertising portion of any mail matter under
former section 4358(d) or 4358(e) of this title shall be equal to the
rates for the advertising portion of the most closely corresponding
regular-rate category of mail, except that if the advertising portion
does not exceed 10 percent of the issue of the publication involved, the
advertising portion shall be subject to the same rates as apply to the
nonadvertising portion.
``(5) The rates for any advertising under former section 4358(f) of
this title shall be equal to 75 percent of the rates for advertising
contained in the most closely corresponding regular-rate category of
mail.''.
(2) Special authority.--Subchapter III of chapter 36 is amended
by adding at the end the following:
``§3642. Special authority relating to reduced-rate categories of
mail
``(a) In order to permit the timely implementation of section
3626(a)(3), the Postal Service may establish temporary rates of postage
for any class of mail or kind of mailer referred to in section
3626(a)(3)(A).
``(b) Any exercise of authority under this section shall be in
conformance with the requirements of section 3626(a), subject to the
following:
``(1) All attributable costs and institutional-costs
contributions assumed shall be the same as those which were assumed
for purposes of the then most recent proceedings under subchapter II
pursuant to which rates of postage for the class of mail or kind of
mailer involved were last adjusted.
``(2) Any temporary rate established under this section shall
take effect upon such date as the Postal Service may determine,
except that--
``(A) such a rate may take effect only after 10 days' notice
in the Federal Register; and
``(B) no such rate may take effect after September 30, 1998.
``(3) A temporary rate under this section may remain in effect
no longer than the last day of the fiscal year in which it first
takes effect.
``(4) Authority under this section may not be exercised in a
manner that would result in more than 1 change taking effect under
this section, during the same fiscal year, in the rates of postage
for a particular class of mail or kind of mailer, except as provided
in paragraph (5).
``(5) Nothing in paragraph (4) shall prevent an adjustment under
this section in rates for a class of mail or kind of mailer with
respect to which any rates took effect under this section earlier in
the same fiscal year if--
``(A) the rates established for such class of mail or kind
of mailer by the earlier adjustment are superseded by new rates
established under subchapter II; and
``(B) authority under this paragraph has not previously been
exercised with respect to such class of mail or kind of mailer
based on the new rates referred to in subparagraph (A).
``(c) The Postal Service may prescribe any regulations which may be
necessary to carry out this section, including provisions governing the
coordination of adjustments under this section with any other
adjustments under this title.
``(d) Notwithstanding any provision of section 3626(a)(3)(B) or
subsection (a) of this section, any temporary rates established under
this section for non-letter-shaped mail under former section 4452(b) or
4452(c) of this title shall not be lower than the rates in effect for
such mail on September 30, 1993.''.
(3) Technical and conforming amendments.--
(A) Section 3626.--Section 3626(i) is repealed.
(B) Section 3627.--
(i) In general.--Section 3627 is amended--
(I) by striking ``sent at a free or reduced rate
under section 3217, 3403-3406, 3626, or 3629 of this
title,'' and inserting ``sent free of postage under
section 3217 or 3403-3406''; and
(II) in the section heading by striking ``and
reduced''.
(ii) Table of contents.--The table of contents for
chapter 36 is amended--
(I) by striking the item relating to section 3627
and inserting the following:
``3627. Adjusting free rates.'';
and
(II) by inserting after the item relating to section
3641 the following:
``3642. Special authority relating to reduced-rate categories of
mail.''.
(b) Authorization.--
(1) In general.--Section 2401 is amended--
(A) by striking subsections (d) through (f);
(B) by redesignating subsections (g) through (i) as
subsections (e) through (g), respectively;
(C) in subsection (f) (as so redesignated by subparagraph
(B)) by striking the second sentence;
(D) in subsection (g) (as so redesignated by subparagraph
(B)) by striking ``subsections (b) and (d) of this section'' and
inserting ``subsection (b)''; and
(E) by inserting after subsection (c) the following:
``(d) As reimbursement to the Postal Service for losses which it
incurred as a result of insufficient amounts appropriated under section
2401(c) for fiscal years 1991 through 1993, and to compensate for the
additional revenues it is estimated the Postal Service would have
received under the provisions of section 3626(a), for the period
beginning on October 1, 1993, and ending on September 30, 1998, if the
fraction specified in subclause (VI) of section 3626(a)(3)(B)(ii) were
applied with respect to such period (instead of the respective fractions
specified in subclauses (I) through (V) thereof), there are authorized
to be appropriated to the Postal Service $29,000,000 for each of fiscal
years 1994 through 2035.''.
(2) Ratemaking limitations.--
(A) In general.--Except as provided in subparagraph (B),
rates of postage may not be established, under subchapter II of
chapter 36 of title 39, United States Code, in a manner designed
to allow the United States Postal Service to receiv
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e through
revenues any portion of the additional revenues (referred to in
section 2401(d) of such title, as amended by paragraph (1)(E))
for which amounts are authorized to be appropriated under such
section 2401(d).
(B) Exception.--If Congress fails to appropriate an amount
authorized under section 2401(d) of title 39, United States Code
(as amended by paragraph (1)(E)), rates for the various classes
of mail may be adjusted in accordance with the provisions of
subchapter II of chapter 36 of such title (excluding section
3627 thereof) such that the resulting increase in revenues will
equal the amount that Congress so failed to appropriate.
(c) Applicability.--
(1) Rates.--The amendments made by subsection (a) shall apply
with respect to rates for mail sent after September 30, 1993.
(2) Authorization.--The amendments made by subsection (b) shall
apply with respect to appropriations for fiscal years beginning
after September 30, 1993.
ELIGIBILITY OF CERTAIN MAILINGS FOR REDUCED RATES OF POSTAGE
Sec. 705. (a) Advertising.--Section 3626(j)(1) is amended--
(1) in subparagraph (B) by striking ``or'' after the semicolon;
(2) in subparagraph (C) by striking the period and inserting ``;
or''; and
(3) by adding at the end the following:
``(D) any product or service (other than any to which
subparagraph (A), (B), or (C) relates), if--
``(i) the sale of such product or the providing of such
service is not substantially related (aside from the need, on
the part of the organization promoting such product or service,
for income or funds or the use it makes of the profits derived)
to the exercise or performance by the organization of one or
more of the purposes constituting the basis for the
organization's authorization to mail at such rates; or
``(ii) the mail matter involved is part of a cooperative
mailing (as defined under regulations of the Postal Service)
with any person or organization not authorized to mail at the
rates for mail under former section 4452(b) or 4452(c) of this
title;
except that--
``(I) any determination under clause (i) that a product or
service is not substantially related to a particular purpose
shall be made under regulations which shall be prescribed by the
Postal Service and which shall be consistent with standards
established by the Internal Revenue Service and the courts with
respect to subsections (a) and (c) of section 513 of the
Internal Revenue Code of 1986; and
``(II) clause (i) shall not apply if the product involved is
a periodical publication described in subsection (m)(2)
(including a subscription to receive any such publication).''.
(b) Products.--Section 3626 is amended by adding at the end the
following:
``(m)(1) In the administration of this section, the rates for mail
under former section 4452(b) or 4452(c) of this title shall not apply to
mail consisting of products, unless such products--
``(A) were received by the organization as gifts or
contributions; or
``(B) are low cost articles (as defined by section 513(h)(2) of
the Internal Revenue Code of 1986).
``(2) Paragraph (1) shall not apply with respect to a periodical
publication of a qualified nonprofit organization.''.
(c) Certification; Verification.--Section 3626(j)(3) is amended--
(1) by striking ``(3)'' and inserting ``(3)(A)''; and
(2) by adding at the end the following:
``(B) The Postal Service shall establish procedures to carry out
this paragraph, including procedures for mailer certification of
compliance with the conditions specified in paragraph (1)(D) or
subsection (m), as applicable, and verification of such compliance.''.
(d) Applicability.--The amendments made by this section shall apply
with respect to mail sent, and the rates for mail sent, after December
31, 1993.
PROVISIONS RELATING TO RATES FOR BOOKS AND CERTAIN OTHER MATERIALS
Sec. 706. (a) In General.--Section 3683(b) is amended to read as
follows:
``(b) The rates of postage under former section 4554(b)(1) of this
title shall not be effective except with respect to mailings which--
``(1) constitute materials specified in former section
4554(b)(2) of this title; and
``(2) are sent between--
``(A) an institution, organization, or association listed in
subparagraph (A) or (B) of such former section 4554(b)(1) and
any other such institution, organization, or association;
``(B) an institution, organization, or association referred
to in subparagraph (A) and any individual (other than an
individual having a financial interest in the sale, promotion,
or distribution of the materials involved);
``(C) an institution, organization, or association referred
to in subparagraph (A) and a qualified nonprofit organization
(as defined in former section 4452(d) of this title) that is not
such an institution, organization, or association; or
``(D) an institution, organization, or association referred
to in subparagraph (A) and a publisher, if such institution,
organization, or association has placed an order to purchase
such materials for delivery to such institution, organization,
or association.''.
(b) Applicability.--The amendment made by subsection (a) shall apply
with respect to mail sent after September 30, 1993.
SENSE OF CONGRESS
Sec. 707. It is the sense of the Congress that any legislation,
enacted after September 30, 1994, which would have the effect of
expanding the classes of mail or kinds of mailers eligible for reduced
rates of postage should provide for sufficient funding to ensure that
neither any losses to the United States Postal Service nor any increase
in the rates of postage for any of the other classes of mail or kinds of
mailers will result.
TECHNICAL CORRECTIONS
Sec. 708. (a) Section 410.--Section 410(b) is amended--
(1) in paragraph (8) by striking ``and'' after the semicolon;
(2) in the first paragraph (9) by striking ``Chapter'' and
inserting ``chapter'', and by striking the period and inserting ``;
and''; and
(3) by designating the second paragraph (9) as paragraph (10).
(b) Section 3202.--Section 3202(a) is amended--
(1) in paragraph (3) by adding ``and'' after the semicolon; and
(2) in paragraph (4) by striking ``; and'' and inserting a
period.
(c) Section 3601.--Section 3601(a) is amended by striking
``concent'' and inserting ``consent''.
(d) Section 3625.--Section 3625(d) is amended by striking ``section
3268'' and inserting ``section 3628''.
(e) Section 3626.--Section 3626 is amended by redesignating the
second subsection (k) as subsection (l).
TITLE VIII
GENERAL PROVISIONS
Section 801. Notwithstanding the provisions of this or any other
Act, the Administration may establish the National Partnership Council
with interagency assistance from the Office of Personnel Management, the
Office of Management and Budget, and the Federal Labor Relations
Authority, subject to authorization.
Sec. 802. Not to exceed 50 per centum of unobligated balances
remaining available at the end of fiscal year 1994 from appropriations
made available for salaries and expenses made for one fiscal year in
this Act, shall remain available through September 30, 1995 for each
such account for such purposes and in such amounts as approved in
advance by the House and Senate Committees on Appropriations: Provided,
That not to exceed 2 per centum of the funds so carried over may be used
to pay cash awards to
48d
employees, as authorized by law, and not to exceed
3 per centum of the funds may be used for employee training programs.
Sec. 803. Notwithstanding any other provision of law, the Centers
for Disease Control (CDC) laboratory project authorized by Public Law
100-202, may be sited on the ``new'' campus in the Atlanta, Georgia area
authorized by Public Law 102-393.
Sec. 804. Part of the site to be utilized for the new United States
Courthouse in Montgomery, Alabama, is owned and occupied by Troy State
University which is under a consent decree with the Department of
Justice that severely limits its geographic location. Therefore,
notwithstanding any other provision of law, the Administrator of General
Services is authorized to pay replacement costs for the site and
improvements to be acquired.
This Act may be cited as the ``Treasury, Postal Service, and General
Government Appropriations Act, 1994''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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