[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2378 Enrolled Bill (ENR)]
H.R.2378
One Hundred Fifth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, one thousand nine hundred and ninety-seven
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, 1998, 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 fiscal year ending September 30, 1998, and for
other purposes, namely:
TITLE I--DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Annex; hire of
passenger motor vehicles; maintenance, repairs, and improvements of,
and purchase of commercial insurance policies for, real properties
leased or owned overseas, when necessary for the performance of
official business; not to exceed $2,900,000 for official travel
expenses; not to exceed $150,000 for official reception and
representation expenses; not to exceed $258,000 for unforeseen
emergencies of a confidential nature, to be allocated and expended
under the direction of the Secretary of the Treasury and to be
accounted for solely on his certificate; $114,771,000: Provided, That
section 113(2) of the Fiscal Year 1997 Department of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act,
Public Law 104-208 (110 Stat. 3009-22) is amended by striking ``12
months'' and inserting in lieu thereof ``2 years'': Provided further,
That the Office of Foreign Assets Control shall be funded at no less
than $4,500,000: Provided further, That chapter 9 of the fiscal year
1997 Supplemental Appropriations Act for Recovery from Natural
Disasters, and for Overseas Peacekeeping Efforts, including those in
Bosnia, Public Law 105-18 (111 Stat. 195-96) is amended by inserting
after the ``County of Denver'' in each instance ``the County of
Arapahoe'': Provided further, That $200,000 are provided to conduct a
comprehensive study of gambling's effects on bankruptcies in the United
States: Provided further, That for necessary expenses of the Office of
Enforcement, including, but not limited to, making transfers of funds
to Treasury bureaus and offices for programs, projects or initiatives
directed as the investigation or prosecution of violent crime,
$1,600,000, to remain available until expended, to be derived from
balances available in the Violent Crime Reduction Trust Fund.
Office of Professional Responsibility
salaries and expenses
For necessary expenses of the Office of Professional
Responsibility, including purchase and hire of passenger motor
vehicles, $1,250,000: Provided, That the Under Secretary of Treasury
for Enforcement shall task the Office of Professional Responsibility to
conduct a comprehensive review of integrity issues and other matters
related to the potential vulnerability of the United States Customs
Service to corruption, to include examination of charges of
professional misconduct and corruption as well as analysis of the
efficacy of departmental and bureau internal affairs systems.
Automation Enhancement
(including transfer of funds)
For the development and acquisition of automatic data processing
equipment, software, and services for the Department of the Treasury,
$25,889,000, of which $11,000,000 shall be available to the United
States Customs Service for the Automated Commercial Environment
project, of which $6,100,000 shall be available to Departmental Offices
for the International Trade Data System, and of which $8,789,000 shall
be available to Departmental Offices to modernize its information
technology infrastructure and for business solution software: Provided,
That these funds shall remain available until September 30, 1999:
Provided further, That these funds shall be transferred to accounts and
in amounts as necessary to satisfy the requirements of the Department's
offices, bureaus, and other organizations: Provided further, That this
transfer authority shall be in addition to any other transfer authority
provided in this Act: Provided further, That none of the funds
appropriated shall be used to support or supplement Internal Revenue
Service appropriations for Information Systems: Provided further, That
of the $27,000,000 provided under this heading in Public Law 104-208,
$12,000,000 shall remain available until September 30, 1999: Provided
further, That none of the funds appropriated for the International
Trade Data System may be obligated until the Department has submitted a
report on its system development plan to the Committees on
Appropriations: Provided further, That the funds appropriated for the
Automated Commercial Environment project may not be obligated until the
Commissioner of Customs has submitted a systems architecture plan and a
milestone schedule for the development and implementation of all
projects included in the systems architecture plan, and the plan and
schedule have been reviewed by the General Accounting Office and
approved by the Committees on Appropriations.
Office of Inspector General
salaries and expenses
(Including Transfer of Funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, not to exceed $2,000,000 for official travel expenses;
including hire of passenger motor vehicles; and not to exceed $100,000
for unforeseen emergencies of a confidential nature, to be allocated
and expended under the direction of the Inspector General of the
Treasury; $29,719,000, of which $26,034 shall be transferred to the
``Departmental Offices'' appropriation for the reimbursement of Secret
Service personnel in accordance with section 115 of this Act.
Treasury Building and Annex Repair and Restoration
For the repair, alteration, and improvement of the Treasury
Building and Annex, $10,484,000, to remain available until September
30, 1999.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; travel expenses of non-
Federal law enforcement personnel to attend meetings concerned with
financial intelligence activities, law enforcement, and financial
regulation; not to exceed $14,000 for official reception and
representation expenses; and for assistance to Federal law enforcement
agencies, with or without reimbursement; $22,835,000: Provided, That
funds appropriated in this account may be used to procure personal
services contracts.
Violent Crime Reduction Programs
(including transfer of funds)
For activities authorized by Public Law 103-322, to remain
available until expended, which shall be derived from the Violent Crime
Reduction Trust Fund, as follows:
(1) As authorized by section 190001(e), $131,000,000; of which
$19,421,000 shall be available to the Bureau of Alcohol, Tobacco and
Firearms, including $3,000,000 for administering the Gang Resistance
Education and Training program, $3,974,000 for the canine explosives
detection program, $5,200,000 for CEASEFIRE/IBIS, $5,639,000 for
vehicles and communications systems, and $1,608,000 for collection of
information on arson and explosives; of which $1,000,000 shall be
available to the Financial Crimes Enforcement Network for the Secure
Outreach/Encrypted Transmission Program; of which $15,731,000 shall be
available to the United States Secret Service, including $6,700,000 for
vehicle replacement, $1,460,000 to provide technical assistance and to
assess the effectiveness of new technology intended to combat identity-
based crimes, $5,000,000 for investigations of counterfeiting, and
$2,571,000 for forensic and related support of investigations of
missing and exploited children, of which $571,000 shall be available as
a grant for activities related to the investigations of exploited
children and shall remain available until expended; of which
$60,648,000 shall be available for the United States Customs Service,
including $15,000,000 for high energy container x-ray systems and
automated targeting systems, $5,735,000 for laboratory modernization,
$7,400,000 for vehicle replacement, $8,413,000 for anti-smuggling
inspectors, $9,500,000 for the passenger processing initiative,
$4,000,000 for redeploying agents and inspectors to high threat drug
zones, $4,500,000 for Forward-Looking Infrared capabilities, $1,100,000
for construction of canopies for inspection of outbound vehicles along
the Southwest border, and $5,000,000 to acquire vehicle and container
inspection systems; of which $20,200,000 shall be available to the
Office of National Drug Control Policy, including $13,000,000 to the
Counterdrug Technology Assessment Center for a program to transfer
technology to State and local law enforcement agencies, $6,000,000 for
a Federal Drug Free-Prison Zone demonstration project, and $1,200,000
for Model State Drug Law Conferences; and of which $3,000,000 is
provided to Federal Drug Control Programs for the Rocky Mountain HIDTA;
(2) As authorized by section 32401, $10,000,000 to the Bureau of
Alcohol, Tobacco and Firearms for disbursement through grants,
cooperative agreements, or contracts to local governments for Gang
Resistance Education and Training: Provided, That notwithstanding
sections 32401 and 310001, such funds shall be allocated to State and
local law enforcement and prevention organizations;
(3) As authorized by section 180103, $1,000,000 to the Federal Law
Enforcement Training Center for specialized training for rural law
enforcement officers.
Federal Law Enforcement Training Center
salaries and expenses
For necessary expenses of the Federal Law Enforcement Training
Center, as a bureau of the Department of the Treasury, including
materials and support costs of Federal law enforcement basic training;
purchase (not to exceed 52 for police-type use, without regard to the
general purchase price limitation) and hire of passenger motor
vehicles; for expenses for student athletic and related activities;
uniforms without regard to the general purchase price limitation for
the current fiscal year; the conducting of and participating in
firearms matches and presentation of awards; for public awareness and
enhancing community support of law enforcement training; not to exceed
$9,500 for official reception and representation expenses; room and
board for student interns; and services as authorized by 5 U.S.C. 3109;
$64,663,000, of which up to $13,034,000 for materials and support costs
of Federal law enforcement basic training shall remain available until
September 30, 2000: Provided, That the Center is authorized to accept
and use gifts of property, both real and personal, and to accept
services, for authorized purposes, including funding of a gift of
intrinsic value which shall be awarded annually by the Director of the
Center to the outstanding student who graduated from a basic training
program at the Center during the previous fiscal year, which shall be
funded only by gifts received through the Center's gift authority:
Provided further, That notwithstanding any other provision of law,
students attending training at any Federal Law Enforcement Training
Center site shall reside in on-Center or Center-provided housing,
insofar as available and in accordance with Center policy: Provided
further, That funds appropriated in this account shall be available, at
the discretion of the Director, for: training United States Postal
Service law enforcement personnel and Postal police officers; State and
local government law enforcement training on a space-available basis;
training of foreign law enforcement officials on a space-available
basis with reimbursement of actual costs to this appropriation, except
that reimbursement may be waived by the Secretary for law enforcement
training activities in foreign countries undertaken pursuant to section
801 of the Antiterrorism and Effective Death Penalty Act of 1996,
Public Law 104-32; training of private sector security officials on a
space-available basis with reimbursement of actual costs to this
appropriation; and travel expenses of non-Federal personnel to attend
course development meetings and training at the Center: Provided
further, That the Center is authorized to obligate funds in
anticipation of reimbursements from agencies receiving training at the
Federal Law Enforcement Training Center, except that total obligations
at the end of the fiscal year shall not exceed total budgetary
resources available at the end of the fiscal year: Provided further,
That the Federal Law Enforcement Training Center is authorized to
provide short-term medical services for students undergoing training at
the Center.
acquisition, construction, improvements, and related expenses
For expansion of the Federal Law Enforcement Training Center, for
acquisition of necessary additional real property and facilities, and
for ongoing maintenance, facility improvements, and related expenses,
$32,548,000, to remain available until expended.
Interagency Law Enforcement
interagency crime and drug enforcement
For expenses necessary for the detection and investigation of
individuals involved in organized crime drug trafficking, including
cooperative efforts with State and local law enforcement, $73,794,000,
of which $7,827,000 shall remain available until expended.
Financial Management Service
salaries and expenses
For necessary expenses of the Financial Management Service,
$202,490,000, of which not to exceed $13,235,000 shall remain available
until September 30, 2000 for information systems modernization
initiatives: Provided, That beginning in fiscal year 1998 and
thereafter, there are appropriated such sums as may be necessary to
reimburse Federal Reserve Banks in their capacity as depositaries and
fiscal agents for the United States for all services required or
directed by the Secretary of the Treasury to be performed by such banks
on behalf of the Treasury or other Federal agencies.
Bureau of Alcohol, Tobacco and Firearms
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco and
Firearms, including purchase of not to exceed 650 vehicles for police-
type use for replacement only and hire of passenger motor vehicles;
hire of aircraft; services of expert witnesses at such rates as may be
determined by the Director; for payment of per diem and/or subsistence
allowances to employees where an assignment to the National Response
Team during the investigation of a bombing or arson incident requires
an employee to work 16 hours or more per day or to remain overnight at
his or her post of duty; not to exceed $12,500 for official reception
and representation expenses; for training of State and local law
enforcement agencies with or without reimbursement, including training
in connection with the training and acquisition of canines for
explosives and fire accelerants detection; and provision of laboratory
assistance to State and local agencies, with or without reimbursement;
$478,934,000, of which $1,250,000 may be used for the Youth Crime Gun
Interdiction Initiative; of which not to exceed $1,000,000 shall be
available for the payment of attorneys' fees as provided by 18 U.S.C.
924(d)(2); and of which $1,000,000 shall be available for the equipping
of any vessel, vehicle, equipment, or aircraft available for official
use by a State or local law enforcement agency if the conveyance will
be used in drug-related joint law enforcement operations with the
Bureau of Alcohol, Tobacco and Firearms and for the payment of overtime
salaries, travel, fuel, training, equipment, and other similar costs of
State and local law enforcement officers that are incurred in joint
operations with the Bureau of Alcohol, Tobacco and Firearms: Provided,
That no funds made available by this or any other Act may be used to
transfer the functions, missions, or activities of the Bureau of
Alcohol, Tobacco and Firearms to other agencies or Departments in the
fiscal year ending on September 30, 1998: Provided further, That no
funds appropriated herein shall be available for salaries or
administrative expenses in connection with consolidating or
centralizing, within the Department of the Treasury, the records, or
any portion thereof, of acquisition and disposition of firearms
maintained by Federal firearms licensees: Provided further, That no
funds appropriated herein shall be used to pay administrative expenses
or the compensation of any officer or employee of the United States to
implement an amendment or amendments to 27 CFR 178.118 or to change the
definition of ``Curios or relics'' in 27 CFR 178.11 or remove any item
from ATF Publication 5300.11 as it existed on January 1, 1994: Provided
further, That none of the funds appropriated herein shall be available
to investigate or act upon applications for relief from Federal
firearms disabilities under 18 U.S.C. 925(c): Provided further, That
such funds shall be available to investigate and act upon applications
filed by corporations for relief from Federal firearms disabilities
under 18 U.S.C. 925(c): Provided further, That no funds in this Act may
be used to provide ballistics imaging equipment to any State or local
authority who has obtained similar equipment through a Federal grant or
subsidy unless the State or local authority agrees to return that
equipment or to repay that grant or subsidy to the Federal Government:
Provided further, That no funds under this Act may be used to
electronically retrieve information gathered pursuant to 18 U.S.C.
923(g)(4) by name or any personal identification code.
laboratory facilities
For necessary expenses for construction of a new facility or
facilities to house the Bureau of Alcohol, Tobacco and Firearms
National Laboratory Center and the Fire Investigation Research and
Development Center, not to exceed 185,000 occupiable square feet,
$55,022,000 to remain available until expended: Provided, That these
funds shall not be available until a prospectus for the Laboratory
Facilities is reviewed and resolutions of authorization are approved by
the House Committee on Transportation and Infrastructure and the Senate
Committee on Environment and Public Works.
United States Customs Service
salaries and expenses
For necessary expenses of the United States Customs Service,
including purchase and lease of up to 1,050 motor vehicles of which 985
are for replacement only and of which 1,030 are for police-type use and
commercial operations; hire of motor vehicles; contracting with
individuals for personal services abroad; not to exceed $30,000 for
official reception and representation expenses; and awards of
compensation to informers, as authorized by any Act enforced by the
United States Customs Service; $1,522,165,000, of which such sums as
become available in the Customs User Fee Account, except sums subject
to section 13031(f)(3) of the Consolidated Omnibus Reconciliation Act
of 1985, as amended (19 U.S.C. 58c(f)(3)), shall be derived from that
Account; of the total, not to exceed $150,000 shall be available for
payment for rental space in connection with preclearance operations,
and not to exceed $4,000,000 shall be available until expended for
research, not to exceed $5,000,000 shall be available until expended
for conducting special operations pursuant to 19 U.S.C. 2081, and up to
$6,000,000 shall be available until expended for the procurement of
automation infrastructure items, including hardware, software, and
installation: Provided, That uniforms may be purchased without regard
to the general purchase price limitation for the current fiscal year:
Provided further, That $1,250,000 shall be available to fund the Global
Trade and Research Program at the Montana World Trade Center: Provided
further, That notwithstanding any other provision of law, the fiscal
year aggregate overtime limitation prescribed in subsection 5(c)(1) of
the Act of February 13, 1911 (19 U.S.C. 261 and 267) shall be $30,000.
operations, maintenance and procurement, air and marine interdiction
programs
For expenses, not otherwise provided for, necessary for the
operation and maintenance of marine vessels, aircraft, and other
related equipment of the Air and Marine Programs, including operational
training and mission-related travel, and rental payments for facilities
occupied by the air or marine interdiction and demand reduction
programs, the operations of which include: the interdiction of
narcotics and other goods; the provision of support to Customs and
other Federal, State, and local agencies in the enforcement or
administration of laws enforced by the Customs Service; and, at the
discretion of the Commissioner of Customs, the provision of assistance
to Federal, State, and local agencies in other law enforcement and
emergency humanitarian efforts; $92,758,000, which shall remain
available until expended: Provided, That no aircraft or other related
equipment, with the exception of aircraft which is one of a kind and
has been identified as excess to Customs requirements and aircraft
which has been damaged beyond repair, shall be transferred to any other
Federal agency, department, or office outside of the Department of the
Treasury, during fiscal year 1998 without the prior approval of the
Committees on Appropriations.
customs services at small airports
(to be derived from fees collected)
Beginning in fiscal year 1998 and thereafter, such sums as may be
necessary for expenses for the provision of Customs services at certain
small airports or other facilities when authorized by law and
designated by the Secretary of the Treasury, including expenditures for
the salary and expenses of individuals employed to provide such
services, to be derived from fees collected by the Secretary pursuant
to section 236 of Public Law 98-573 for each of these airports or other
facilities when authorized by law and designated by the Secretary, and
to remain available until expended.
harbor maintenance fee collection
For administrative expenses related to the collection of the Harbor
Maintenance Fee, pursuant to Public Law 103-182, $3,000,000, to be
derived from the Harbor Maintenance Trust Fund and to be transferred to
and merged with the Customs ``Salaries and Expenses'' account for such
purposes.
Bureau of the Public Debt
administering the public debt
For necessary expenses connected with any public-debt issues of the
United States, $173,826,000, of which not to exceed $2,500 shall be
available for official reception and representation expenses, and of
which $2,000,000 shall remain available until September 30, 2000 for
information systems modernization initiatives: Provided, That the sum
appropriated herein from the General Fund for fiscal year 1998 shall be
reduced by not more than $4,400,000 as definitive security issue fees
and Treasury Direct Investor Account Maintenance fees are collected, so
as to result in a final fiscal year 1998 appropriation from the General
Fund estimated at $169,426,000, and in addition, $20,000, to be derived
from the Oil Spill Liability Trust Fund to reimburse the Bureau for
administrative and personnel expenses for financial management of the
Fund, as authorized by section 102 of Public Law 101-380: Provided
further, That notwithstanding any other provisions of law, effective
upon enactment, the Bureau of the Public Debt shall be fully and
directly reimbursed by the funds described in Public Law 101-136, title
I, section 104, 103 Stat. 789 for costs and services performed by the
Bureau in the administration of such funds.
Internal Revenue Service
processing, assistance, and management
For necessary expenses of the Internal Revenue Service, not
otherwise provided for; including processing tax returns; revenue
accounting; providing tax law and account assistance to taxpayers by
telephone and correspondence; matching information returns and tax
returns; management services; rent and utilities; and inspection;
including purchase (not to exceed 150 for replacement only for police-
type use) and hire of passenger motor vehicles (31 U.S.C. 1343(b)); and
services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner; $2,925,874,000, of which up to
$3,700,000 shall be for the Tax Counseling for the Elderly Program, and
of which not to exceed $25,000 shall be for official reception and
representation expenses.
tax law enforcement
(including rescission)
For necessary expenses of the Internal Revenue Service for
determining and establishing tax liabilities; tax and enforcement
litigation; technical rulings; examining employee plans and exempt
organizations; investigation and enforcement activities; securing
unfiled tax returns; collecting unpaid accounts; statistics of income
and compliance research; the purchase (for police-type use, not to
exceed 850), and hire of passenger motor vehicles (31 U.S.C. 1343(b));
and services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $3,142,822,000: Provided, That of the
funds appropriated under this heading in Public Law 104-208,
$26,000,000 is rescinded and in Public Law 104-52, $6,000,000 is
rescinded.
Earned Income Tax Credit Compliance Initiative
For funding essential earned income tax credit compliance and error
reduction initiatives pursuant to section 5702 of the Balanced Budget
Act of 1997 (Public Law 105-33), $138,000,000, of which not to exceed
$10,000,000 may be used to reimburse the Social Security Administration
for the costs of implementing section 1090 of the Taxpayer Relief Act
of 1997.
information systems
For necessary expenses for data processing and telecommunications
support for Internal Revenue Service activities, including
developmental information systems and operational information systems;
the hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services
as authorized by 5 U.S.C. 3109, at such rates as may be determined by
the Commissioner, $1,272,487,000, which shall be available until
September 30, 1999: Provided, That under the heading ``Information
Systems'' in Public Law 104-208 (110 Stat. 3009), the following is
deleted: ``of which no less than $130,075,000 shall be available for
Tax Systems Modernization (TSM) development and deployment'': Provided
further, That the Internal Revenue Service shall submit a reprogramming
request, of which no less than $87,000,000 shall be available for Year
2000 conversion: Provided further, That none of the funds under this
heading, or funds made available under this heading in any previous
Acts, may be obligated to award or otherwise initiate a Prime contract
to implement the Internal Revenue Service's Modernization Blueprint
submitted to Congress on May 15, 1997, although funds may be used to
develop a Request for Proposals for the Prime contract.
information technology investments
For necessary expenses for the capital asset acquisition of
information technology systems, including management and related
contractual costs of said acquisition, including contractual costs
associated with operations as authorized by 5 U.S.C. 3109,
$325,000,000, which shall remain available until September 30, 2000:
Provided, That none of these funds is available for obligation until
September 1, 1998: Provided further, That none of these funds shall be
obligated until the Internal Revenue Service and the Department of the
Treasury submits to Congress for approval, a plan for expenditure that:
(1) implements the Internal Revenue Service's Modernization Blueprint
submitted to Congress on May 15, 1997; (2) meets the information
systems investment guidelines established by the Office of Management
and Budget in the fiscal year 1998 budget; (3) has been reviewed and
approved by the Internal Revenue Service's Investment Review Board, the
Office of Management and Budget, and the Department of the Treasury's
Modernization Management Board, and has been reviewed by the General
Accounting Office; (4) meets the requirements of the May 15, 1997
Internal Revenue Service's Systems Life Cycle program; and (5) is in
compliance with acquisition rules, requirements, guidelines, and
systems acquisition management practices of the Federal Government.
Administrative Provisions
internal revenue service
Section 101. Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service may be
transferred to any other Internal Revenue Service appropriation upon
the advance approval of the House and Senate Committees on
Appropriations.
Sec. 102. The Internal Revenue Service shall maintain a training
program to ensure that Internal Revenue Service employees are trained
in taxpayers' rights, in dealing courteously with the taxpayers, and in
cross-cultural relations.
Sec. 103. The funds provided in this Act for the Internal Revenue
Service shall be used to provide, as a minimum, the fiscal year 1995
level of service, staffing, and funding for Taxpayer Services.
Sec. 104. None of the funds appropriated by this title shall be
used in connection with the collection of any underpayment of any tax
imposed by the Internal Revenue Code of 1986 unless the conduct of
officers and employees of the Internal Revenue Service in connection
with such collection, including any private sector employees under
contract to the Internal Revenue Service, complies with subsection (a)
of section 805 (relating to communications in connection with debt
collection), and section 806 (relating to harassment or abuse), of the
Fair Debt Collection Practices Act (15 U.S.C. 1692).
Sec. 105. The Internal Revenue Service shall institute and enforce
policies and procedures which will safeguard the confidentiality of
taxpayer information.
Sec. 106. Funds made available by this or any other Act to the
Internal Revenue Service shall be available for improved facilities and
increased manpower to provide sufficient and effective 1-800 help line
for taxpayers. The Commissioner shall continue to make the improvement
of the Internal Revenue Service 1-800 help line service a priority and
allocate resources necessary to increase phone lines and staff to
improve the Internal Revenue Service 1-800 help line service.
Sec. 107. Hereafter, no field support reorganization of the
Internal Revenue Service shall be undertaken in Aberdeen, South Dakota
until the Internal Revenue Service toll-free help phone line assistance
program reaches at least an 80 percent service level. The Commissioner
shall submit to Congress a report and the General Accounting Office
shall certify to Congress that the 80 percent service level has been
met.
Sec. 108. Notwithstanding any other provision of law, no
reorganization of the field office structure of the Internal Revenue
Service Criminal Investigation division will result in a reduction of
criminal investigators in Wisconsin and South Dakota from the 1996
level.
United States Secret Service
salaries and expenses
For necessary expenses of the United States Secret Service,
including purchase not to exceed 705 vehicles for police-type use, of
which 675 shall be for replacement only, and hire of passenger motor
vehicles; hire of aircraft; training and assistance requested by State
and local governments, which may be provided without reimbursement;
services of expert witnesses at such rates as may be determined by the
Director; rental of buildings in the District of Columbia, and fencing,
lighting, guard booths, and other facilities on private or other
property not in Government ownership or control, as may be necessary to
perform protective functions; for payment of per diem and/or
subsistence allowances to employees where a protective assignment
during the actual day or days of the visit of a protectee require an
employee to work 16 hours per day or to remain overnight at his or her
post of duty; the conducting of and participating in firearms matches;
presentation of awards; for travel of Secret Service employees on
protective missions without regard to the limitations on such
expenditures in this or any other Act if approval is obtained in
advance from the House and Senate Committees on Appropriations; for
repairs, alterations, and minor construction at the James J. Rowley
Secret Service Training Center; for research and development; for
making grants to conduct behavioral research in support of protective
research and operations; not to exceed $20,000 for official reception
and representation expenses; for sponsorship of a conference for the
Women in Federal Law Enforcement, to be held during fiscal year 1998;
not to exceed $50,000 to provide technical assistance and equipment to
foreign law enforcement organizations in counterfeit investigations;
for payment in advance for commercial accommodations as may be
necessary to perform protective functions; and for uniforms without
regard to the general purchase price limitation for the current fiscal
year; $564,348,000.
acquisition, construction, improvement, and related expenses
For necessary expenses of construction, repair, alteration, and
improvement of facilities, $8,799,000, to remain available until
expended.
GENERAL PROVISIONS
Department of the Treasury
Sec. 110. Any obligation or expenditure by the Secretary in
connection with law enforcement activities of a Federal agency or a
Department of the Treasury law enforcement organization in accordance
with 31 U.S.C. 9703(g)(4)(B) from unobligated balances remaining in the
Fund on September 30, 1998, shall be made in compliance with
reprogramming guidelines.
Sec. 111. Appropriations to the Department of the Treasury in this
Act shall be available for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning; purchase of insurance for official motor vehicles operated in
foreign countries; purchase of motor vehicles without regard to the
general purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical services
to employees and their dependents serving in foreign countries; and
services authorized by 5 U.S.C. 3109.
Sec. 112. The funds provided to the Bureau of Alcohol, Tobacco and
Firearms for fiscal year 1998 in this Act for the enforcement of the
Federal Alcohol Administration Act shall be expended in a manner so as
not to diminish enforcement efforts with respect to section 105 of the
Federal Alcohol Administration Act.
Sec. 113. Not to exceed 2 percent of any appropriations in this Act
made available to the Federal Law Enforcement Training Center,
Financial Crimes Enforcement Network, Bureau of Alcohol, Tobacco and
Firearms, United States Customs Service, and United States Secret
Service may be transferred between such appropriations upon the advance
approval of the House and Senate Committees on Appropriations. No
transfer may increase or decrease any such appropriation by more than 2
percent.
Sec. 114. Not to exceed 2 percent of any appropriations in this Act
made available to the Departmental Offices, Office of Inspector
General, Financial Management Service, and Bureau of the Public Debt,
may be transferred between such appropriations upon the advance
approval of the House and Senate Committees on Appropriations. No
transfer may increase or decrease any such appropriation by more than 2
percent.
Sec. 115. The Secretary of the Treasury shall pay from amounts
transferred to the ``Departmental Offices'' appropriation, up to
$26,034 to reimburse Secret Service personnel for any attorney fees and
costs they incurred with respect to investigation by the Department of
the Treasury Inspector General concerning testimony provided to
Congress: Provided, That the Secretary of the Treasury shall pay an
individual in full upon submission by the individual of documentation
verifying the attorney fees and costs: Provided further, That the
liability of the United States shall not be inferred from enactment of
or payment under this provision: Provided further, That the Secretary
of the Treasury shall not pay any claim filed under this section that
is filed later than 120 days after the date of enactment of this Act:
Provided further, That payment under this provision, when accepted,
shall be in full satisfaction of all claims of, or on behalf of, the
individual Secret Service agents who were the subjects of said
investigation.
Sec. 116. (a)(1) Effective beginning on the date determined under
paragraph (2), the compensation and other emoluments attached to the
Office of Secretary of the Treasury shall be those that would then
apply if Public Law 103-2 (107 Stat. 4; 31 U.S.C. 301 note) had never
been enacted.
(2) Paragraph (1) shall become effective on the later of--
(A) the day after the date on which the individual holding the
Office of Secretary of the Treasury on January 1, 1997, ceases to
hold that office; or
(B) the date of the enactment of this Act.
(3) Nothing in this subsection shall be considered to affect the
compensation or emoluments due to any individual in connection with any
period preceding the date determined under paragraph (2).
(b) Subsection (b) of the first section of the public law referred
to in subsection (a)(1) of this section shall not apply in the case of
any appointment the consent of the Senate to which occurs on or after
the date of the enactment of this Act.
(c) This section shall not be limited (for purposes of determining
whether a provision of this section applies or continues to apply) to
fiscal year 1998.
Sec. 117. (a) Requirement of Advance Submission of Treasury
Testimony.--During the fiscal year covered by this Act, any officer or
employee of the Department of the Treasury who is scheduled to testify
before the Committee on Appropriations of the House of Representatives
or the Senate, or any of its subcommittees, shall, not less than 7
calendar days (excluding Saturdays, Sundays, and Federal legal public
holidays) preceding the scheduled date of the testimony, submit to the
committee or subcommittee--
(1) a written statement of the testimony to be presented,
regardless of whether such statement is to be submitted for
inclusion in the record of the hearing; and
(2) any other written information to be submitted for inclusion
in the record of the hearing.
(b) Limitation on Treasury Clearance Process.--None of the funds
made available in this Act may be used for any clearance process within
the Department of the Treasury that could cause a submission beyond the
specified time, as officially transmitted by the committee, of--
(1) any corrections to the transcript copy of testimony given
before the Committee on Appropriations of the House of
Representatives or the Senate, or any of its subcommittees; or
(2) any information to be provided in writing in response to an
oral or written request by such committee or subcommittee for
specific information for inclusion in the record of the hearing.
(c) Exception.--The time periods established in subsections (a) and
(b) shall not apply to any specific testimony, or corrections, if the
Secretary of the Treasury--
(1) determines that special circumstances prevent compliance;
and
(2) submits to the committee or subcommittee involved a written
notification of such determination, including the Secretary's
estimate of the time periods required for specific testimony,
information, or corrections.
Sec. 118. (a) New Rates of Basic Pay.--Section 501 of the District
of Columbia Police and Firemen's Salary Act of 1958 (District of
Columbia Code, section 4-416), is amended--
(1) in subsection (b)(1), by striking ``Interior'' and all that
follows through ``Treasury,'' and inserting ``Interior'';
(2) by redesignating subsection (c) as subsection (b)(3);
(3) in subsection (b)(3) (as redesignated)--
(A) by striking ``or to officers and members of the United
States Secret Service Uniformed Division''; and
(B) by striking ``subsection (b) of this section'' and
inserting ``this subsection''; and
(4) by adding after subsection (b) the following new
subsection:
``(c)(1) The annual rates of basic compensation of officers and
members of the United States Secret Service Uniformed Division, serving
in classes corresponding or similar to those in the salary schedule in
section 101 (District of Columbia Code, section 4-406), shall be fixed
in accordance with the following schedule of rates:
---------------------------------------------------------------------------
``SALARY SCHEDULE
----------------------------------------------------------------------------------------------------------------
Service steps
Salary class and title ----------------------------------------------------------------------------------
1 2 3 4 5 6 7 8 9
----------------------------------------------------------------------------------------------------------------
Class 1: Private............. 29,215 30,088 31,559 33,009 35,331 37,681 39,128 40,593 42,052
Class 4: Sergeant............ 39,769 41,747 43,728 45,718 47,715 49,713
Class 5: Lieutenant.......... 45,148 47,411 49,663 51,924 54,180
Class 7: Captain............. 52,523 55,155 57,788 60,388
Class 8: Inspector........... 60,886 63,918 66,977 70,029
Class 9: Deputy Chief........ 71,433 76,260 81,113 85,950
Class 10: Assistant Chief.... 84,694 90,324 95,967
Class 11: Chief of the United
States Secret Service
Uniformed Division.......... 98,383 104,923
----------------------------------------------------------------------------------------------------------------
``(2) Effective at the beginning of the first applicable pay period
commencing on or after the first day of the month in which an
adjustment takes effect under section 5303 of title 5, United States
Code (or any subsequent similar provision of law), in the rates of pay
under the General Schedule (or any pay system that may supersede such
schedule), the annual rates of basic compensation of officers and
members of the United States Secret Service Uniformed Division shall be
adjusted by the Secretary of the Treasury by an amount equal to the
percentage of such annual rate of pay which corresponds to the overall
percentage of the adjustment made in the rates of pay under the General
Schedule.
``(3) Locality-based comparability payments authorized under
section 5304 of title 5, United States Code, shall be applicable to the
basic pay under this section, except locality-based comparability
payments may not be paid at a rate which, when added to the rate of
basic pay otherwise payable to the officer or member, would cause the
total to exceed the rate of basic pay payable for level IV of the
Executive Schedule.
``(4) Basic pay, and any locality pay combined with basic pay may
not be paid by reason of any provision of this subsection (disregarding
any locality-based comparability payment payable under Federal law) at
a rate in excess of the rate of basic pay payable for level V of the
Executive Schedule contained in subchapter II of chapter 53 of title 5,
United States Code.
``(5) Any reference in any law to the salary schedule in section
101 (District of Columbia Code, section 4-406) with respect to officers
and members of the United States Secret Service Uniformed Division
shall be considered to be a reference to the salary schedule in
paragraph (1) of this subsection as adjusted in accordance with this
subsection.
``(6)(A) Except as otherwise permitted by or under law, no
allowance, differential, bonus, award, or other similar cash payment
under this title or under title 5, United States Code, may be paid to
an officer or member of the United States Secret Service Uniformed
Division in a calendar year if, or to the extent that, when added to
the total basic pay paid or payable to such officer or member for
service performed in such calendar year as an officer or member, such
payment would cause the total to exceed the annual rate of basic pay
payable for level I of the Executive Schedule, as of the end of such
calendar year.
``(B) This paragraph shall not apply to any payment under the
following provisions of title 5, United States Code:
``(i) Subchapter III or VII of chapter 55, or section 5596.
``(ii) Chapter 57 (other than section 5753, 5754, or 5755).
``(iii) Chapter 59 (other than section 5928).
``(7)(A) Any amount which is not paid to an officer or member of
the United States Secret Service Uniformed Division in a calendar year
because of the limitation under paragraph (6) shall be paid to such
officer or member in a lump sum at the beginning of the following
calendar year.
``(B) Any amount paid under this paragraph in a calendar year shall
be taken into account for purposes of applying the limitations under
paragraph (6) with respect to such calendar year.
``(8) The Office of Personnel Management shall prescribe
regulations as may be necessary (consistent with section 5582 of title
5, United States Code) concerning how a lump-sum payment under
paragraph (7) shall be made with respect to any employee who dies
before an amount payable to such employee under paragraph (7) is
made.''.
(b) Conversion to New Salary Schedule.--
(1)(A) Effective on the first day of the first pay period
beginning after the date of enactment of this section, the
Secretary of the Treasury shall fix the rates of basic pay for
members of the United States Secret Service Uniformed Division in
accordance with this paragraph.
(B) Subject to subparagraph (C), each officer and member
receiving basic compensation, immediately prior to the effective
date of this section, at one of the scheduled rates in the salary
schedule in section 101 of the District of Columbia Police and
Firemen's Salary Act of 1958, as adjusted by law and as in effect
prior to the effective date of this section, shall be placed in and
receive basic compensation at the corresponding scheduled service
step of the salary schedule under subsection (a)(4).
(C)(i) The Assistant Chief and the Chief of the United States
Secret Service Uniformed Division shall be placed in and receive
basic compensation in salary class 10 and salary class 11,
respectively, in the appropriate service step in the new salary
class in accordance with section 304 of the District of Columbia
Police and Firemen's Salary Act of 1958 (District of Columbia Code,
section 4-413).
(ii) Each member whose position is to be converted to the
salary schedule under section 501(c) of the District of Columbia
Police and Firemen's Salary Act of 1958 (District of Columbia Code,
section 4-416(c)) as amended by this section, in accordance with
subsection (a) of this section, and who, prior to the effective
date of this section has earned, but has not been credited with, an
increase in his or her rate of pay shall be afforded that increase
before such member is placed in the corresponding service step in
the salary schedule under section 501(c).
(2) Except in the cases of the Assistant Chief and the Chief of
the United States Secret Service Uniformed Division, the conversion
of positions and individuals to appropriate classes of the salary
schedule under section 501(c) of the District of Columbia Police
and Firemen's Salary Act of 1958 (District of Columbia Code,
section 4-416(c)) as amended by this section, and the initial
adjustments of rates of basic pay of those positions and
individuals, in accordance with paragraph (1) of this subsection,
shall not be considered to be transfers or promotions within the
meaning of section 304 of the District of Columbia Police and
Firemen's Salary Act of 1958 (District of Columbia Code, section 4-
413).
(3) Each member whose position is converted to the salary
schedule under section 501(c) of the District of Columbia Police
and Firemen's Salary Act of 1958 (District of Columbia Code,
section 4-416(c)) as amended by this section, in accordance with
subsection (a) of this section, shall be granted credit for
purposes of such member's first service step adjustment under the
salary schedule in such section 510(c) for all satisfactory service
performed by the member since the member's last increase in basic
pay prior to the adjustment under that section.
(c) Limitation on Pay Period Earnings.--The Act of August 15, 1950
(64 Stat. 477), (District of Columbia Code, section 4-1104), is
amended--
(1) in subsection (h), by striking ``any officer or member''
each place it appears and inserting ``an officer or member of the
Metropolitan Police force; or of the Fire Department of the
District of Columbia; or of the United States Park Police'';
(2) by redesignating subsection (h)(3) as subsection (i); and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3)(A) no premium pay provided by this section shall be paid
to, and no compensatory time is authorized for, any officer or
member of the United States Secret Service Uniformed Division whose
rate of basic pay, combined with any applicable locality-based
comparability payment, equals or exceeds the lesser of--
``(i) 150 percent of the minimum rate payable for grade GS-
15 of the General Schedule (including any applicable locality-
based comparability payment under section 5304 of title 5,
United States Code or any similar provision of law, and any
applicable special rate of pay under section 5305 of title 5,
United States Code or any similar provision of law); or
``(ii) the rate payable for level V of the Executive
Schedule contained in subchapter II of chapter 53 of title 5,
United States Code.
``(B) In the case of any officer or member of the United States
Secret Service Uniformed Division whose rate of basic pay, combined
with any applicable locality-based comparability payment, is less
than the lesser of--
``(i) 150 percent of the minimum rate payable for grade GS-
15 of the General Schedule (including any applicable locality-
based comparability payment under section 5304 of title 5,
United States Code or any similar provision of law, and any
applicable special rate of pay under section 5305 of title 5,
United States Code or any similar provision of law); or
``(ii) the rate payable for level V of the Executive
Schedule contained in subchapter II of chapter 53 of title 5,
United States Code,
such premium pay may be paid only to the extent that such payment
would not cause such officer or member's aggregate rate of
compensation to exceed such lesser amount with respect to any pay
period.''.
(d) Savings Provision.--On the effective date of this section, any
existing special salary rates authorized for members of the United
States Secret Service Uniformed Division under section 5305 of title 5,
United States Code (or any previous similar provision of law) and any
special rates of pay or special pay adjustments under section 403, 404,
or 405 of the Federal Law Enforcement Pay Reform Act of 1990 applicable
to members of the United States Secret Service Uniformed Division shall
be rendered inapplicable.
(e) Conforming Amendment.--The Federal Law Enforcement Pay Reform
Act of 1990 (104 Stat. 1466) is amended by striking subsections (b)(1)
and (c)(1) of section 405.
(f) Effective Date.--The provisions of this section shall become
effective on the first day of the first pay period beginning after the
date of enactment of this Act.
Sec. 119. Section 117 of the Treasury, Postal Service, and General
Government Appropriations Act, 1997 (as contained in section 101(f) of
division A of Public Law 104-208) is hereby repealed.
Sec. 120. Based on results of industry response to the Request for
Proposals, in tax-year 1998, the Internal Revenue Service shall
initiate a pilot project which would pay qualified returns preparers,
electronic return originators, or transmitters who electronically
forward and file tax returns (form 1040 and related information
returns) properly formatted and accepted by the Internal Revenue
Service, up to $3.00 per return so filed if such payments are
determined by the Commissioner of the Internal Revenue Service to be in
the best interest of the Government: Provided, That the payment may not
be made unless the electronic filing service is provided without charge
to the taxpayer whose return is so filed: Provided further, That the
Internal Revenue Service shall use standard procurement processes to
establish this pilot project and through these processes, the Internal
Revenue Service shall assure the security of all electronic
transmissions and the full protection of the privacy of taxpayer data.
Sec. 121. Subsection (a) of section 5378 of title 5, United States
Code, is amended to read as follows:
``(a) The Secretary of the Department of the Treasury, or his
designee, in his sole discretion shall fix the rates of basic pay for
positions within the police forces of the United States Mint and the
Bureau of Engraving and Printing without regard to the pay provisions
of title 5, United States Code, except that no entry-level police
officer shall receive basic pay for a calendar year that is less than
the basic rate of pay for General Schedule GS-7 and no executive
security official shall receive basic compensation for a calendar year
that exceeds the basic rate of pay for General Schedule GS-15.''.
Sec. 122. (a) The Secretary of the Treasury is authorized to
receive all unavailable collections transferred from the Special
Forfeiture Fund established by section 26073 of the Anti-Drug Abuse Act
of 1988 (21 U.S.C. 1509) by the Director of the Office of Drug Control
Policy as a deposit into the Treasury Forfeiture Fund (31 U.S.C.
9703(a)), to become available for obligation on October 1, 1998, as
revenue available for purposes identified under 31 U.S.C.
9703(g)(4)(B).
(b) Paragraph (3)(C) of section 9703(g) of title 31, United States
Code, is amended by adding after the last sentence of that paragraph as
amended by Public Law 104-208, the following sentence: ``Unobligated
balances remaining pursuant to section 4(B) of 9703(g) shall also be
carried forward.''.
(c) Paragraph (4)(B) of section 9703(g) of title 31, United States
Code, is amended by striking ``, subject to subparagraph (C),'' from
the first and only sentence of that paragraph.
Sec. 123. Notwithstanding any other provision of law, the Secretary
of the Treasury shall establish the port of Kodiak, Alaska as a port of
entry and United States Customs Service personnel in Anchorage, Alaska
shall serve such port of entry. There are authorized to be appropriated
such sums as necessary to cover the costs associated with the
performance of customs functions using such United States Customs
Service personnel.
Sec. 124. None of the funds made available by this Act may be used
by the Inspector General to contract for advisory and assistance
services that has the meaning given such term in section 1105(g) of
title 31, United States Code.
This title may be cited as the ``Treasury Department Appropriations
Act, 1998''.
TITLE II--POSTAL SERVICE
Payments to the Postal Service Fund
For payment to the Postal Service Fund for revenue forgone on free
and reduced rate mail, pursuant to subsections (c) and (d) of section
2401 of title 39, United States Code, $86,274,000: Provided, That mail
for overseas voting and mail for the blind shall continue to be free:
Provided further, That 6-day delivery and rural delivery of mail shall
continue at not less than the 1983 level: Provided further, That none
of the funds made available to the Postal Service by this Act shall be
used to implement any rule, regulation, or policy of charging any
officer or employee of any State or local child support enforcement
agency, or any individual participating in a State or local program of
child support enforcement, a fee for information requested or provided
concerning an address of a postal customer: Provided further, That none
of the funds provided in this Act shall be used to consolidate or close
small rural and other small post offices in the fiscal year ending on
September 30, 1998.
This title may be cited as the ``Postal Service Appropriations Act,
1998''.
TITLE III--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO
THE PRESIDENT
Compensation of the President and the White House Office
compensation of the president
For compensation of the President, including an expense allowance
at the rate of $50,000 per annum as authorized by 3 U.S.C. 102;
$250,000: Provided, That none of the funds made available for official
expenses shall be expended for any other purpose and any unused amount
shall revert to the Treasury pursuant to section 1552 of title 31,
United States Code: Provided further, That none of the funds made
available for official expenses shall be considered as taxable to the
President.
salaries and expenses
For necessary expenses for the White House as authorized by law,
including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105; including subsistence expenses as
authorized by 3 U.S.C. 105, which shall be expended and accounted for
as provided in that section; hire of passenger motor vehicles,
newspapers, periodicals, teletype news service, and travel (not to
exceed $100,000 to be expended and accounted for as provided by 3
U.S.C. 103); not to exceed $19,000 for official entertainment expenses,
to be available for allocation within the Executive Office of the
President; $51,199,000: Provided, That $9,800,000 of the funds
appropriated shall be available for reimbursements to the White House
Communications Agency.
Executive Residence at the White House
operating expenses
For the care, maintenance, repair and alteration, refurnishing,
improvement, heating and lighting, including electric power and
fixtures, of the Executive Residence at the White House and official
entertainment expenses of the President, $8,045,000, to be expended and
accounted for as provided by 3 U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at the
White House, such sums as may be necessary: Provided, That all
reimbursable operating expenses of the Executive Residence shall be
made in accordance with the provisions of this paragraph: Provided
further, That, notwithstanding any other provision of law, such amount
for reimbursable operating expenses shall be the exclusive authority of
the Executive Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the Executive
Residence shall require each person sponsoring a reimbursable political
event to pay in advance an amount equal to the estimated cost of the
event, and all such advance payments shall be credited to this account
and remain available until expended: Provided further, That the
Executive Residence shall require the national committee of the
political party of the President to maintain on deposit $25,000, to be
separately accounted for and available for expenses relating to
reimbursable political events sponsored by such committee during such
fiscal year: Provided further, That the Executive Residence shall
ensure that a written notice of any amount owed for a reimbursable
operating expense under this paragraph is submitted to the person owing
such amount within 60 days after such expense is incurred, and that
such amount is collected within 30 days after the submission of such
notice: Provided further, That the Executive Residence shall charge
interest and assess penalties and other charges on any such amount that
is not reimbursed within such 30 days, in accordance with the interest
and penalty provisions applicable to an outstanding debt on a United
States Government claim under section 3717 of title 31, United States
Code: Provided further, That each such amount that is reimbursed, and
any accompanying interest and charges, shall be deposited in the
Treasury as miscellaneous receipts: Provided further, That the
Executive Residence shall prepare and submit to the Committees on
Appropriations, by not later than 90 days after the end of the fiscal
year covered by this Act, a report setting forth the reimbursable
operating expenses of the Executive Residence during the preceding
fiscal year, including the total amount of such expenses, the amount of
such total that consists of reimbursable official and ceremonial
events, the amount of such total that consists of reimbursable
political events, and the portion of each such amount that has been
reimbursed as of the date of the report: Provided further, That the
Executive Residence shall: (1) implement a system for the tracking of
expenses related to reimbursable events within the Executive Residence
that includes a standard for the classification of any such expense as
political or nonpolitical; and (2) prepare and submit to the Committees
on Appropriations, by not later than December 1, 1997, a report setting
forth a detailed description of such system and a schedule for its
implementation: Provided further, That no provision of this paragraph
may be construed to exempt the Executive Residence from any other
applicable requirement of subchapter I or II of chapter 37 of title 31,
United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House, $200,000, to remain available until
expended for renovation and relocation of the White House laundry, to
be expended and accounted for as provided by 3 U.S.C. 105, 109, 110,
and 112-114.
Special Assistance to the President and the Official Residence of the
Vice President
salaries and expenses
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions, services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
including subsistence expenses as authorized by 3 U.S.C. 106, which
shall be expended and accounted for as provided in that section; and
hire of passenger motor vehicles; $3,378,000.
operating expenses
For the care, operation, refurnishing, improvement, heating and
lighting, including electric power and fixtures, of the official
residence of the Vice President, the hire of passenger motor vehicles,
and not to exceed $90,000 for official entertainment expenses of the
Vice President, to be accounted for solely on his certificate;
$334,000: Provided, That advances or repayments or transfers from this
appropriation may be made to any department or agency for expenses of
carrying out such activities.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council in carrying out its functions
under the Employment Act of 1946 (15 U.S.C. 1021), $3,542,000.
Office of Policy Development
salaries and expenses
For necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109, and 3 U.S.C. 107;
$3,983,000.
National Security Council
salaries and expenses
For necessary expenses of the National Security Council, including
services as authorized by 5 U.S.C. 3109, $6,648,000.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
passenger motor vehicles $28,883,000, of which $2,000,000 shall remain
available until expended for a capital investment plan which provides
for the modernization of the information technology infrastructure.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and Budget,
including hire of passenger motor vehicles, services as authorized by 5
U.S.C. 3109, $57,440,000, of which not to exceed $5,000,000 shall be
available to carry out the provisions of chapter 35 of title 44, United
States Code: Provided, That, as provided in 31 U.S.C. 1301(a),
appropriations shall be applied only to the objects for which
appropriations were made except as otherwise provided by law: Provided
further, That none of the funds appropriated in this Act for the Office
of Management and Budget may be used for the purpose of reviewing any
agricultural marketing orders or any activities or regulations under
the provisions of the Agricultural Marketing Agreement Act of 1937 (7
U.S.C. 601 et seq.): Provided further, That none of the funds made
available for the Office of Management and Budget by this Act may be
expended for the altering of the transcript of actual testimony of
witnesses, except for testimony of officials of the Office of
Management and Budget, before the House and Senate Committees on
Appropriations or the House and Senate Committees on Veterans' Affairs
or their subcommittees: Provided further, That this proviso shall not
apply to printed hearings released by the House and Senate Committees
on Appropriations or the House and Senate Committees on Veterans'
Affairs.
Office of National Drug Control Policy
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to title I of Public Law 100-
690; not to exceed $8,000 for official reception and representation
expenses; and for participation in joint projects or in the provision
of services on matters of mutual interest with nonprofit, research, or
public organizations or agencies, with or without reimbursement;
$35,016,000, of which $17,000,000 shall remain available until
expended, consisting of $1,000,000 for policy research and evaluation
and $16,000,000 for the Counterdrug Technology Assessment Center for
counternarcotics research and development projects: Provided, That the
$16,000,000 for the Counterdrug Technology Assessment Center shall be
available for transfer to other Federal departments or agencies:
Provided further, That the Office is authorized to accept, hold,
administer, and utilize gifts, both real and personal, for the purpose
of aiding or facilitating the work of the Office: Provided further,
That not before December 31, 1997, the Director of the Office of
National Drug Control Policy shall transfer all balances in the Special
Forfeiture Fund established by section 6073 of the Anti-Drug Abuse Act
of 1988 (21 U.S.C. 1509) to the Treasury Forfeiture Fund (31 U.S.C.
9703(a)).
Federal Drug Control Programs
high intensity drug trafficking areas program
(including transfer of funds)
For necessary expenses of the Office of National Drug Control
Policy's High Intensity Drug Trafficking Areas Program, $159,007,000
for drug control activities consistent with the approved strategy for
each of the designated High Intensity Drug Trafficking Areas, of which
$3,000,000 shall be used for a newly designated High Intensity Drug
Trafficking Area in Milwaukee, Wisconsin should the Director of the
Office of National Drug Control Policy determine the location meets the
designated criteria; of which $7,300,000 shall be used for national
efforts related to methamphetamine reduction; of which $1,500,000 shall
be used for methamphetamine reduction efforts within the Rocky Mountain
High Intensity Drug Trafficking Area; of which $6,000,000 shall be used
for a newly designated High Intensity Drug Trafficking Area in the
three-State area of Kentucky, Tennessee, and West Virginia; of which
$1,000,000 shall be used for a newly designated High Intensity Drug
Trafficking Area in central Florida; of which no less than $80,000,000
shall be transferred to State and local entities for drug control
activities, which shall be obligated within 120 days of the date of
enactment of this Act and up to $79,007,000 may be transferred to
Federal agencies and departments at a rate to be determined by the
Director: Provided, That funding shall be provided for existing High
Intensity Drug Trafficking Areas at no less than the fiscal year 1997
level.
Special Forfeiture Fund
(Including transfer of funds)
For activities to support a national anti-drug campaign for youth,
and other purposes, authorized by Public Law 100-690, as amended,
$211,000,000, to remain available until expended: Provided, That such
funds may be transferred to other Federal departments and agencies to
carry out such activities: Provided further, That of the funds
provided, $195,000,000 shall be to support a national media campaign to
reduce and prevent drug use among young Americans: Provided further,
That none of the funds provided for the support of a national media
campaign may be obligated until the Director, Office of National Drug
Control Policy, submits a strategy for approval to the Committees on
Appropriations and the Senate Judiciary Committee that includes: (1)
guidelines to ensure and certify that funds will supplement and not
supplant current anti-drug community based coalitions; (2) guidelines
to ensure and certify that funds will supplement and not supplant
current pro bono public service time donated by national and local
broadcasting networks; (3) guidelines to ensure and certify that none
of the funds will be used for partisan political purposes; (4)
guidelines to ensure and certify that no media campaigns to be funded
pursuant to this campaign shall feature any elected officials, persons
seeking elected office, cabinet-level officials, or other Federal
officials employed pursuant to Schedule C of title 5, Code of Federal
Regulations, section 213, absent advance notice to the Committees on
Appropriations and the Senate Judiciary Committee; (5) a detailed
implementation plan to be submitted to the Committees on Appropriations
and the Senate Judiciary Committee for securing private sector
contributions including but not limited to in-kind contributions; (6) a
detailed implementation plan to be submitted to the Committees on
Appropriations and the Senate Judiciary Committee of the qualifications
necessary for any organization, entity, or individual to receive
funding for or otherwise be provided broadcast media time; and (7) a
system to measure outcomes of success of the national media campaign:
Provided further, That the Director shall report to Congress quarterly
on the obligation of funds as well as the specific parameters of the
national media campaign and report to Congress within two years on the
effectiveness of the national media campaign based upon the measurable
outcomes provided to Congress previously: Provided further, That of the
funds provided for the support of a national media campaign,
$17,000,000 shall not be obligated prior to September 30, 1998:
Provided further, That of the funds provided, $6,000,000 shall be used
to continue the drug use reduction program for those involved in the
criminal justice system: Provided further, That of the funds provided,
$10,000,000 shall be to initiate a program of matching grants to drug-
free communities, as authorized in the Drug-Free Communities Act of
1997.
This title may be cited as the ``Executive Office Appropriations
Act, 1998''.
TITLE IV--INDEPENDENT AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For necessary expenses of the Committee for Purchase From People
Who Are Blind or Severely Disabled established by the Act of June 23,
1971, Public Law 92-28, $1,940,000.
Federal Election Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, as amended, $31,650,000, of which no
less than $3,800,000 shall be available for internal automated data
processing systems, and of which not to exceed $5,000 shall be
available for reception and representation expenses: Provided, That of
the amounts appropriated for salaries and expenses, $750,000 shall be
transferred to the General Accounting Office for the sole purpose of
entering into a contract with the private sector for a management
review, and technology and performance audit, of the Federal Election
Commission, and $300,000 may be transferred to the Government Printing
Office.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the Federal Labor
Relations Authority, pursuant to Reorganization Plan Numbered 2 of
1978, and the Civil Service Reform Act of 1978, including services as
authorized by 5 U.S.C. 3109, including hire of experts and consultants,
hire of passenger motor vehicles, rental of conference rooms in the
District of Columbia and elsewhere; $22,039,000: Provided, That public
members of the Federal Service Impasses Panel may be paid travel
expenses and per diem in lieu of subsistence as authorized by law (5
U.S.C. 5703) for persons employed intermittently in the Government
service, and compensation as authorized by 5 U.S.C. 3109: Provided
further, That notwithstanding 31 U.S.C. 3302, funds received from fees
charged to non-Federal participants at labor-management relations
conferences shall be credited to and merged with this account, to be
available without further appropriation for the costs of carrying out
these conferences.
General Services Administration
federal buildings fund
limitations on availability of revenue
To carry out the purpose of the Fund established pursuant to
section 210(f) of the Federal Property and Administrative Services Act
of 1949, as amended (40 U.S.C. 490(f)), the revenues and collections
deposited into the Fund shall be available for necessary expenses of
real property management and related activities not otherwise provided
for, including operation, maintenance, and protection of federally
owned and leased buildings; rental of buildings in the District of
Columbia; restoration of leased premises; moving governmental agencies
(including space adjustments and telecommunications relocation
expenses) in connection with the assignment, allocation and transfer of
space; contractual services incident to cleaning or servicing
buildings, and moving; repair and alteration of federally owned
buildings including grounds, approaches and appurtenances; care and
safeguarding of sites; maintenance, preservation, demolition, and
equipment; acquisition of buildings and sites by purchase,
condemnation, or as otherwise authorized by law; acquisition of options
to purchase buildings and sites; conversion and extension of federally
owned buildings; preliminary planning and design of projects by
contract or otherwise; construction of new buildings (including
equipment for such buildings); and payment of principal, interest, and
any other obligations for public buildings acquired by installment
purchase and purchase contract, in the aggregate amount of
$4,835,934,000, of which: (1) $300,000,000 shall remain available until
expended, for repairs and alterations which includes associated design
and construction services: Provided, That additional projects for which
prospectuses have been fully approved may be funded under this category
only if advance approval is obtained from the Committees on
Appropriations of the House and Senate: Provided further, That the
amounts provided in this or any prior Act for ``Repairs and
Alterations'' may be used to fund costs associated with implementing
security improvements to buildings necessary to meet the minimum
standards for security in accordance with current law and in compliance
with the reprogramming guidelines of the appropriate Committees of the
House and Senate: Provided further, That funds made available in this
Act or any previous Act for ``Repairs and Alterations'' shall, for
prospectus projects, be limited to the amount originally made
available, except each project may be increased by an amount not to
exceed 10 percent when advance approval is obtained from the Committees
on Appropriations of the House and Senate of a greater amount: Provided
further, That the difference between the funds appropriated and
expended on any projects in this or any prior Act, under the heading
``Repairs and Alterations'', may be transferred to Basic Repairs and
Alterations or used to fund authorized increases in prospectus
projects: Provided further, That all funds for repairs and alterations
prospectus projects shall expire on September 30, 2000 and remain in
the Federal Building Fund except funds for projects as to which funds
for design or other funds have been obligated in whole or in part prior
to such date: Provided further, That the amount provided in this or any
prior Act for Basic Repairs and Alterations may be used to pay claims
against the Government arising from any projects under the heading
``Repairs and Alterations'' or used to fund authorized increases in
prospectus projects; (2) $142,542,000 for installment acquisition
payments including payments on purchase contracts which shall remain
available until expended; (3) $2,275,340,000 for rental of space which
shall remain available until expended; (4) $1,331,789,000 for building
operations which shall remain available until expended; and (5)
$680,543,000 which shall remain available until expended for projects
and activities previously requested and approved under this heading in
prior fiscal years: Provided further, That for the purposes of this
authorization, and hereafter, buildings constructed pursuant to the
purchase contract authority of the Public Buildings Amendments of 1972
(40 U.S.C. 602a), buildings occupied pursuant to installment purchase
contracts, and buildings under the control of another department or
agency where alterations of such buildings are required in connection
with the moving of such other department or agency from buildings then,
or thereafter to be, under the control of the General Services
Administration shall be considered to be federally owned buildings:
Provided further, That funds available in the Federal Buildings Fund
may be expended for emergency repairs when advance approval is obtained
from the Committees on Appropriations of the House and Senate: Provided
further, That amounts necessary to provide reimbursable special
services to other agencies under section 210(f)(6) of the Federal
Property and Administrative Services Act of 1949, as amended (40 U.S.C.
490(f)(6)) and amounts to provide such reimbursable fencing, lighting,
guard booths, and other facilities on private or other property not in
Government ownership or control as may be appropriate to enable the
United States Secret Service to perform its protective functions
pursuant to 18 U.S.C. 3056, as amended, shall be available from such
revenues and collections: Provided further, That revenues and
collections and any other sums accruing to this Fund during fiscal year
1998, excluding reimbursements under section 210(f)(6) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 490(f)(6))
in excess of $4,835,934,000 shall remain in the Fund and shall not be
available for expenditure except as authorized in appropriations Acts.
policy and operations
For expenses authorized by law, not otherwise provided for, for
Government-wide policy and oversight activities associated with asset
management activities; utilization and donation of surplus personal
property; transportation; procurement and supply; Government-wide and
internal responsibilities relating to automated data management,
telecommunications, information resources management, and related
technology activities; utilization survey, deed compliance inspection,
appraisal, environmental and cultural analysis, and land use planning
functions pertaining to excess and surplus real property; agency-wide
policy direction; Board of Contract Appeals; accounting, records
management, and other support services incident to adjudication of
Indian Tribal Claims by the United States Court of Federal Claims;
services as authorized by 5 U.S.C. 3109; and not to exceed $5,000 for
official reception and representation expenses; $107,487,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General and
services authorized by 5 U.S.C. 3109, $33,870,000: Provided, That not
to exceed $10,000 shall be available for payment for information and
detection of fraud against the Government, including payment for
recovery of stolen Government property: Provided further, That not to
exceed $2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of efforts and
initiatives resulting in enhanced Office of Inspector General
effectiveness.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25, 1958, as
amended (3 U.S.C. 102 note), and Public Law 95-138, $2,208,000:
Provided, That the Administrator of General Services shall transfer to
the Secretary of the Treasury such sums as may be necessary to carry
out the provisions of such Acts.
GENERAL PROVISIONS
General Services Administration
Sec. 401. The appropriate appropriation or fund available to the
General Services Administration shall be credited with the cost of
operation, protection, maintenance, upkeep, repair, and improvement,
included as part of rentals received from Government corporations
pursuant to law (40 U.S.C. 129).
Sec. 402. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 403. Funds in the Federal Buildings Fund made available for
fiscal year 1998 for Federal Buildings Fund activities may be
transferred between such activities only to the extent necessary to
meet program requirements: Provided, That any proposed transfers shall
be approved in advance by the Committees on Appropriations of the House
and Senate.
Sec. 404. No funds made available by this Act shall be used to
transmit a fiscal year 1999 request for United States Courthouse
construction that: (1) does not meet the design guide standards for
construction as established and approved by the General Services
Administration, the Judicial Conference of the United States, and the
Office of Management and Budget; and (2) does not reflect the
priorities of the Judicial Conference of the United States as set out
in its approved 5-year construction plan: Provided, That the fiscal
year 1999 request must be accompanied by a standardized courtroom
utilization study of each facility to be constructed, replaced, or
expanded.
Sec. 405. None of the funds provided in this Act may be used to
increase the amount of occupiable square feet, provide cleaning
services, security enhancements, or any other service usually provided
through the Federal Buildings Fund, to any agency which does not pay
the rate per square foot assessment for space and services as
determined by the General Services Administration in compliance with
the Public Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 406. Section 10 of the General Services Administration General
Provisions, Public Law 100-440, is hereby repealed.
Sec. 407. Funds provided to other Government agencies by the
Information Technology Fund, General Services Administration, under 40
U.S.C. 757 and sections 5124(b) and 5128 of Public Law 104-106,
Information Technology Management Reform Act of 1996, for performance
of pilot information technology projects which have potential for
Government-wide benefits and savings, may be repaid to this Fund from
any savings actually incurred by these projects or other funding, to
the extent feasible.
Sec. 408. The Administrator of General Services is directed to
ensure that the materials used for the facade on the United States
Courthouse Annex, Savannah, Georgia project are compatible with the
existing Savannah Federal Building-United States Courthouse facade, in
order to ensure compatibility of this new facility with the Savannah
historic district and to ensure that the Annex will not endanger the
National Landmark status of the Savannah historic district.
Sec. 409. (a) The Act approved August 25, 1958, as amended (Public
Law 85-745; 3 U.S.C. 102 note), is amended by striking section 2.
(b) Section 3214 of title 39, United States Code, is amended--
(1) in subsection (a) by striking ``(a) Subject to subsection
(b), a'' and inserting ``A''; and
(2) by striking subsection (b).
Sec. 410. There is hereby appropriated to the General Services
Administration such sums as may be necessary to repay debts to the
United States Treasury incurred pursuant to section 6 of the
Pennsylvania Avenue Development Corporation Act of 1972, as amended
(Public Law 92-578, 86 Stat. 1266, 40 U.S.C. 875), and in addition such
amounts as are necessary for payment of interest and premiums, if any,
related to such debts.
Sec. 411. From funds made available under the heading ``Federal
Buildings Fund Limitations on Revenue'', claims against the Government
of less than $250,000 arising from direct construction projects and
acquisition of buildings may be liquidated from savings effected in
other construction projects with prior notification to the Committees
on Appropriations of the House and Senate.
Sec. 412. (a) In General.--Notwithstanding any other provision of
law, the Administrator of General Services shall sell the property
described in subsection (b) through a process of competitive bidding,
in accordance with procedures and requirements applicable to such a
sale under section 203(e) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 484(e)).
(b) Property Described.--The property referred to in subsection (a)
is the property known as the Bakersfield Federal Building, located at
800 Truxton Avenue in Bakersfield, California, including the land on
which the building is situated and all improvements to such building
and land.
Sec. 413. Section 201(b) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 481) is amended to read as follows:
``(b)(1) The Administrator shall as far as practicable provide any
of the services specified in subsection (a) of this section to any
other Federal agency, mixed ownership corporation (as defined in
section 9101 of title 31, United States Code), or the District of
Columbia, upon its request.
``(2)(A) Upon the request of a qualified nonprofit agency for the
blind or other severely handicapped that is to provide a commodity or
service to the Federal Government under the Javits-Wagner-O'Day Act (41
U.S.C. 46 et seq.), the Administrator may provide any of the services
specified in subsection (a) to such agency to the extent practicable.
``(B) A nonprofit agency receiving services under the authority of
subparagraph (A) shall use the services directly in making or providing
an approved commodity or approved service to the Federal Government.
``(C) In this paragraph--
``(i) The term `qualified nonprofit agency for the blind or
other severely handicapped' means--
``(I) a qualified nonprofit agency for the blind, as
defined in section 5(3) of the Javits-Wagner-O'Day Act (41
U.S.C. 48b(3)); and
``(II) a qualified nonprofit agency for other severely
handicapped, as defined in section 5(4) of such Act (41 U.S.C.
48b(4)).
``(ii) The term `approved commodity' and `approved service'
means a commodity and a service, respectively, that has been
determined by the Committee for Purchase from the Blind and Other
Severely Handicapped under section 2 of the Javits-Wagner-O'Day Act
(41 U.S.C. 47) to be suitable for procurement by the Federal
Government.''.
Federal Payment to Morris K. Udall Scholarship and Excellence in
National Environmental Policy Foundation
For payment to the Morris K. Udall Scholarship and Excellence in
National Environmental Trust Fund, to be available for purposes of
Public Law 102-259, $1,750,000, to remain available until expended.
John F. Kennedy Assassination Records Review Board
For the necessary expenses to carry out the John F. Kennedy
Assassination Records Collection Act of 1992, $1,600,000: Provided,
That $100,000 shall be available only for the purposes of the prompt
and orderly termination of the John F. Kennedy Assassination Records
Review Board, to be concluded no later than September 30, 1998.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit Systems
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978 and
the Civil Service Reform Act of 1978, including services as authorized
by 5 U.S.C. 3109, rental of conference rooms in the District of
Columbia and elsewhere, hire of passenger motor vehicles, and direct
procurement of survey printing, $25,290,000, together with not to
exceed $2,430,000 for administrative expenses to adjudicate retirement
appeals to be transferred from the Civil Service Retirement and
Disability Fund in amounts determined by the Merit Systems Protection
Board.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the administration of the
National Archives (including the Information Security Oversight Office)
and records and related activities, as provided by law, and for
expenses necessary for the review and declassification of documents,
and for the hire of passenger motor vehicles, $205,166,500: Provided,
That the Archivist of the United States is authorized to use any excess
funds available from the amount borrowed for construction of the
National Archives facility, for expenses necessary to provide adequate
storage for holdings.
archives facilities and presidential libraries repairs and
restoration
For the repair, alteration, and improvement of archives facilities
and presidential libraries, and to provide adequate storage for
holdings, $14,650,000, to remain available until expended.
National Historical Publications and Records Commission
grants program
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, as amended,
$5,500,000, to remain available until expended.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office of
Government Ethics pursuant to the Ethics in Government Act of 1978, as
amended by Public Law 100-598, and the Ethics Reform Act of 1989,
Public Law 101-194, including services as authorized by 5 U.S.C. 3109,
rental of conference rooms in the District of Columbia and elsewhere,
hire of passenger motor vehicles, and not to exceed $1,500 for official
reception and representation expenses; $8,265,000.
Office of Personnel Management
salaries and expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office of
Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978
and the Civil Service Reform Act of 1978, including services as
authorized by 5 U.S.C. 3109; medical examinations performed for
veterans by private physicians on a fee basis; rental of conference
rooms in the District of Columbia and elsewhere; hire of passenger
motor vehicles; not to exceed $2,500 for official reception and
representation expenses; advances for reimbursements to applicable
funds of the Office of Personnel Management and the Federal Bureau of
Investigation for expenses incurred under Executive Order No. 10422 of
January 9, 1953, as amended; and payment of per diem and/or subsistence
allowances to employees where Voting Rights Act activities require an
employee to remain overnight at his or her post of duty; $85,350,000;
and in addition $91,236,000 for administrative expenses, to be
transferred from the appropriate trust funds of the Office of Personnel
Management without regard to other statutes, including direct
procurement of printed materials, for the retirement and insurance
programs: Provided, That the provisions of this appropriation shall not
affect the authority to use applicable trust funds as provided by
section 8348(a)(1)(B) of title 5, United States Code: Provided further,
That, except as may be consistent with 5 U.S.C. 8902a(f)(1) and (i), no
payment may be made from the Employees Health Benefits Fund to any
physician, hospital, or other provider of health care services or
supplies who is, at the time such services or supplies are provided to
an individual covered under chapter 89 of title 5, United States Code,
excluded, pursuant to section 1128 or 1128A of the Social Security Act
(42 U.S.C. 1320a-7 through 1320a-7a), from participation in any program
under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.):
Provided further, That no part of this appropriation shall be available
for salaries and expenses of the Legal Examining Unit of the Office of
Personnel Management established pursuant to Executive Order No. 9358
of July 1, 1943, or any successor unit of like purpose: Provided
further, That the President's Commission on White House Fellows,
established by Executive Order No. 11183 of October 3, 1964, may,
during the fiscal year ending September 30, 1998, accept donations of
money, property, and personal services in connection with the
development of a publicity brochure to provide information about the
White House Fellows, except that no such donations shall be accepted
for travel or reimbursement of travel expenses, or for the salaries of
employees of such Commission.
Office of Inspector General
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act, as amended,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $960,000; and in addition, not to exceed $8,645,000 for
administrative expenses to audit the Office of Personnel Management's
retirement and insurance programs, to be transferred from the
appropriate trust funds of the Office of Personnel Management, as
determined by the Inspector General: Provided, That the Inspector
General is authorized to rent conference rooms in the District of
Columbia and elsewhere.
government payment for annuitants, employees health benefits
For payment of Government contributions with respect to retired
employees, as authorized by chapter 89 of title 5, United States Code,
and the Retired Federal Employees Health Benefits Act (74 Stat. 849),
as amended, such sums as may be necessary.
Government Payment for Annuitants, Employee Life Insurance
For payment of Government contributions with respect to employees
retiring after December 31, 1989, as required by chapter 87 of title 5,
United States Code, such sums as may be necessary.
Payment to Civil Service Retirement and Disability Fund
For financing the unfunded liability of new and increased annuity
benefits becoming effective on or after October 20, 1969, as authorized
by 5 U.S.C. 8348, and annuities under special Acts to be credited to
the Civil Service Retirement and Disability Fund, such sums as may be
necessary: Provided, That annuities authorized by the Act of May 29,
1944, as amended, and the Act of August 19, 1950, as amended (33 U.S.C.
771-775), may hereafter be paid out of the Civil Service Retirement and
Disability Fund.
Office of Special Counsel
Salaries and Expenses
For necessary expenses to carry out functions of the Office of
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978 (Public Law 95-454), the Whistleblower
Protection Act of 1989 (Public Law 101-12), Public Law 103-424, and the
Uniformed Services Employment and Reemployment Act of 1994 (Public Law
103-353), including services as authorized by 5 U.S.C. 3109, payment of
fees and expenses for witnesses, rental of conference rooms in the
District of Columbia and elsewhere, and hire of passenger motor
vehicles; $8,450,000.
United States Tax Court
Salaries and Expenses
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $33,921,000: Provided, That
travel expenses of the judges shall be paid upon the written
certificate of the judge.
This title may be cited as the ``Independent Agencies
Appropriations Act, 1998''.
TITLE V--GENERAL PROVISIONS
This Act
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or
under existing Executive order issued pursuant to existing law.
Sec. 503. None of the funds made available by this Act shall be
available for any activity or for paying the salary of any Government
employee where funding an activity or paying a salary to a Government
employee would result in a decision, determination, rule, regulation,
or policy that would prohibit the enforcement of section 307 of the
Tariff Act of 1930.
Sec. 504. None of the funds made available by this Act shall be
available in fiscal year 1998, for the purpose of transferring control
over the Federal Law Enforcement Training Center located at Glynco,
Georgia, and Artesia, New Mexico, out of the Department of the
Treasury.
Sec. 505. The Office of Personnel Management may, during the fiscal
year ending September 30, 1998, and hereafter, accept donations of
supplies, services, land, and equipment for the Federal Executive
Institute and Management Development Centers to assist in enhancing the
quality of Federal management.
Sec. 506. No part of any appropriation contained in this Act shall
be available to pay the salary for any person filling a position, other
than a temporary position, formerly held by an employee who has left to
enter the Armed Forces of the United States and has satisfactorily
completed his period of active military or naval service, and has
within 90 days after his release from such service or from
hospitalization continuing after discharge for a period of not more
than 1 year, made application for restoration to his former position
and has been certified by the Office of Personnel Management as still
qualified to perform the duties of his former position and has not been
restored thereto.
Sec. 507. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with sections 2 through 4 of the Act
of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy
American Act'').
Sec. 508. (a) Purchase of American-Made Equipment and Products.--In
the case of any equipment or products that may be authorized to be
purchased with financial assistance provided under this Act, it is the
sense of the Congress that entities receiving such assistance should,
in expending the assistance, purchase only American-made equipment and
products.
(b) Notice to Recipients of Assistance.--In providing financial
assistance under this Act, the Secretary of the Treasury shall provide
to each recipient of the assistance a notice describing the statement
made in subsection (a) by the Congress.
Sec. 509. If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bearing a ``Made
in America'' inscription, or any inscription with the same meaning, to
any product sold in or shipped to the United States that is not made in
the United States, such person shall be ineligible to receive any
contract or subcontract made with funds provided pursuant to this Act,
pursuant to the debarment, suspension, and ineligibility procedures
described in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
Sec. 510. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 1998 from appropriations made available for salaries
and expenses for fiscal year 1998 in this Act, shall remain available
through September 30, 1999, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the House
and Senate Committees on Appropriations for approval prior to the
expenditure of such funds: Provided further, That these requests shall
be made in compliance with reprogramming guidelines.
Sec. 511. None of the funds made available in this Act may be used
by the Executive Office of the President to request from the Federal
Bureau of Investigation any official background investigation report on
any individual, except when it is made known to the Federal official
having authority to obligate or expend such funds that--
(1) such individual has given his or her express written
consent for such request not more than 6 months prior to the date
of such request and during the same presidential administration; or
(2) such request is required due to extraordinary circumstances
involving national security.
Sec. 512. (a) Prohibiting Reappointment of Members of Federal
Election Commission.--Section 306(a)(2)(A) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 437c(a)(2)(A)) is amended by striking
``for terms of 6 years'' and inserting ``for a single term of 6
years''.
(b) Applicability.--The amendment made by subsection (a) shall
apply with respect to individuals nominated by the President to be
members of the Federal Election Commission after December 31, 1997.
Sec. 513. No funds appropriated by this Act shall be available to
pay for an abortion, or the administrative expenses in connection with
any health plan under the Federal employees health benefit program
which provides any benefits or coverage for abortions.
Sec. 514. The provision of section 513 shall not apply where the
life of the mother would be endangered if the fetus were carried to
term, or the pregnancy is the result of an act of rape or incest.
Sec. 515. Section 1 under the subheading ``General Provision''
under the heading ``Office of Personnel Management'' under title IV of
the Treasury, Postal Service and General Government Appropriations Act,
1992 (Public Law 102-141; 105 Stat. 861; 5 U.S.C. 5941 note), as
amended by section 532 of the Treasury, Postal Service and General
Government Appropriations Act, 1995 (Public Law 103-329; 108 Stat.
2413), and by section 5 under the heading ``General Provisions--Office
of Personnel Management'' under title IV of the Treasury, Postal
Service, and General Government Appropriations Act, 1996 (Public Law
104-52; 109 Stat. 490), is further amended by striking ``1998'' both
places it appears and inserting ``2000''.
Sec. 516. (a) Title 5, United States Code, is amended--
(1) in section 8334 by adding at the end the following new
subsection:
``(m) A Member who has served in a position in the executive branch
for which the rate of basic pay was reduced for the duration of the
service of the Member to remove the impediment to the appointment of
the Member imposed by article I, section 6, clause 2 of the
Constitution, or the survivor of such a Member, may deposit to the
credit of the Fund an amount equal to the difference between the amount
deducted from the basic pay of the Member during that period of service
and the amount that would have been deducted if the rate of basic pay
which would otherwise have been in effect during that period had been
in effect, plus interest computed under subsection (e).'';
(2) in section 8337(a) by striking ``or (q)'' and inserting
``(q), or (r)'';
(3) in section 8339--
(A) in subsections (f) and (i) through (m) by striking
``and (q) of this section'' and ``and (q)'' each time either
appears and inserting ``(q), and (r)'';
(B) in subsection (g) by striking ``or (q) of this
section'' each time it appears and inserting ``(q), or (r)'';
and
(C) by adding at the end the following new subsection:
``(r) The annuity of a Member who has served in a position in the
executive branch for which the rate of basic pay was reduced for the
duration of the service of the Member in that position to remove the
impediment to the appointment of the Member imposed by article I,
section 6, clause 2 of the Constitution, shall, subject to a deposit in
the Fund as provided under section 8334(m), be computed as though the
rate of basic pay which would otherwise have been in effect during that
period of service had been in effect.'';
(4) in section 8341(b)(1) and (d) by striking ``and (q) of this
title'' each place it appears and inserting ``(q), and (r)'';
(5) in section 8334a(c) by striking ``and (q) of section 8339
of this title'' and inserting ``(q), and (r) of section 8339'';
(6) in section 8344(a)(A) by striking ``and (q) of this title''
and inserting ``(q), and (r)'';
(7) in section 8415 by adding at the end the following new
subsection:
``(h) The annuity of a Member who has served in a position in the
executive branch for which the rate of basic pay was reduced for the
duration of the service of the Member in that position to remove the
impediment to the appointment of the Member imposed by article I,
section 6, clause 2 of the Constitution, shall, subject to a deposit in
the Fund as provided under section 8422(g), be computed as though the
rate of basic pay which would otherwise have been in effect during that
period of service had been in effect.''.
(8) in section 8422 by adding at the end the following new
subsection:
``(g) A Member who has served in a position in the executive branch
for which the rate of basic pay was reduced for the duration of the
service of the Member to remove the impediment to the appointment of
the Member imposed by article I, section 6, clause 2 of the
Constitution, or the survivor of such a Member, may deposit to the
credit of the Fund an amount equal to the difference between the amount
deducted from the basic pay of the Member during that period of service
and the amount that would have been deducted if the rate of basic pay
which would otherwise have been in effect during that period had been
in effect, plus interest computed under section 8334(e).''; and
(9) in section 8468 by striking ``through (f)'' and inserting
``through (g)''.
(b) The amendments made by subsection (a) shall be applicable to
any annuity commencing before, on, or after the date of enactment of
this Act, and shall be effective with regard to any payment made after
the first month following the date of enactment.
Sec. 517. (a) Section 5948 of title 5, United States Code, is
amended--
(1) in subsection (d) by striking the second sentence and
inserting the following: ``No agreement shall be entered into under
this section later than September 30, 2000, nor shall any agreement
cover a period of service extending beyond September 30, 2002.'';
and
(2) in subsection (j)(2)(A) by striking ``September 30, 1997''
and inserting ``September 30, 2000''.
(b) Section 3 of the Federal Physicians Comparability Allowance Act
of 1978 (5 U.S.C. 5948 note) is amended by striking ``September 30,
1999'' and inserting ``September 30, 2002''.
(c) The amendments made by this section shall take effect on the
date of enactment of this Act.
Sec. 518. (a)(1) Section 8341 of title 5, United States Code, is
amended by adding at the end the following:
``(k)(1) Subsections (b)(3)(B), (d)(ii), and (h)(3)(B)(i) (to the
extent that they provide for termination of a survivor annuity because
of a remarriage before age 55) shall not apply if the widow, widower,
or former spouse was married for at least 30 years to the individual on
whose service the survivor annuity is based.
``(2) A remarriage described in paragraph (1) shall not be taken
into account for purposes of section 8339(j)(5)(B) or (C) or any other
provision of this chapter which the Office may by regulation identify
in order to carry out the purposes of this subsection.''.
(2) Such section 8341 is further amended--
(A) in subsections (b)(3)(B) and (d)(ii) by striking
``remarries'' and inserting ``except as provided in subsection (k),
remarries''; and
(B) in subsection (h)(3)(B)(i) by striking ``in'' and inserting
``except as provided in subsection (k), in''.
(b)(1)(A) Section 8442(d) of title 5, United States Code, is
amended by adding at the end the following:
``(3) Paragraph (1)(B) (relating to termination of a survivor
annuity because of a remarriage before age 55) shall not apply if the
widow or widower was married for at least 30 years to the individual on
whose service the survivor annuity is based.''.
(B) Subsection (d)(1)(B) of such section 8442 is amended by
striking ``remarries'' and inserting ``except as provided in paragraph
(3), remarries''.
(2)(A) Section 8445 of title 5, United States Code, is amended by
adding at the end the following:
``(h)(1) Subsection (c)(2) (to the extent that it provides for
termination of a survivor annuity because of a remarriage before age
55) shall not apply if the former spouse was married for at least 30
years to the individual on whose service the survivor annuity is based.
``(2) A remarriage described in paragraph (1) shall not be taken
into account for purposes of section 8419(b)(1)(B) or any other
provision of this chapter which the Office may by regulation identify
in order to carry out the purposes of this subsection.''.
(B) Subsection (c)(2) of such section 8445 is amended by striking
``shall'' and inserting ``except as provided in subsection (h),
shall''.
(c) The amendments made by this section shall apply with respect to
remarriages occurring on or after January 1, 1995.
TITLE VI--GENERAL PROVISIONS
Departments, Agencies, and Corporations
Sec. 601. Funds appropriated in this or any other Act may be used
to pay travel to the United States for the immediate family of
employees serving abroad in cases of death or life threatening illness
of said employee.
Sec. 602. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 1998 shall obligate or expend any such funds, unless such
department, agency, or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to ensure that
all of its workplaces are free from the illegal use, possession, or
distribution of controlled substances (as defined in the Controlled
Substances Act) by the officers and employees of such department,
agency, or instrumentality.
Sec. 603. Notwithstanding 31 U.S.C. 1345, any agency, department,
or instrumentality of the United States which provides or proposes to
provide child care services for Federal employees may reimburse any
Federal employee or any person employed to provide such services for
travel, transportation, and subsistence expenses incurred for training
classes, conferences, or other meetings in connection with the
provision of such services: Provided, That any per diem allowance made
pursuant to this section shall not exceed the rate specified in
regulations prescribed pursuant to section 5707 of title 5, United
States Code.
Sec. 604. Unless otherwise specifically provided, the maximum
amount allowable during the current fiscal year in accordance with
section 16 of the Act of August 2, 1946 (60 Stat. 810), for the
purchase of any passenger motor vehicle (exclusive of buses,
ambulances, law enforcement, and undercover surveillance vehicles), is
hereby fixed at $8,100 except station wagons for which the maximum
shall be $9,100: Provided, That these limits may be exceeded by not to
exceed $3,700 for police-type vehicles, and by not to exceed $4,000 for
special heavy-duty vehicles: Provided further, That the limits set
forth in this section may not be exceeded by more than 5 percent for
electric or hybrid vehicles purchased for demonstration under the
provisions of the Electric and Hybrid Vehicle Research, Development,
and Demonstration Act of 1976: Provided further, That the limits set
forth in this section may be exceeded by the incremental cost of clean
alternative fuels vehicles acquired pursuant to Public Law 101-549 over
the cost of comparable conventionally fueled vehicles.
Sec. 605. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel, or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances, in accordance with 5 U.S.C. 5922-5924.
Sec. 606. Unless otherwise specified during the current fiscal
year, no part of any appropriation contained in this or any other Act
shall be used to pay the compensation of any officer or employee of the
Government of the United States (including any agency the majority of
the stock of which is owned by the Government of the United States)
whose post of duty is in the continental United States unless such
person: (1) is a citizen of the United States; (2) is a person in the
service of the United States on the date of enactment of this Act who,
being eligible for citizenship, has filed a declaration of intention to
become a citizen of the United States prior to such date and is
actually residing in the United States; (3) is a person who owes
allegiance to the United States; (4) is an alien from Cuba, Poland,
South Vietnam, the countries of the former Soviet Union, or the Baltic
countries lawfully admitted to the United States for permanent
residence; (5) is a South Vietnamese, Cambodian, or Laotian refugee
paroled in the United States after January 1, 1975; or (6) is a
national of the People's Republic of China who qualifies for adjustment
of status pursuant to the Chinese Student Protection Act of 1992:
Provided, That for the purpose of this section, an affidavit signed by
any such person shall be considered prima facie evidence that the
requirements of this section with respect to his or her status have
been complied with: Provided further, That any person making a false
affidavit shall be guilty of a felony, and, upon conviction, shall be
fined no more than $4,000 or imprisoned for not more than 1 year, or
both: Provided further, That the above penal clause shall be in
addition to, and not in substitution for, any other provisions of
existing law: Provided further, That any payment made to any officer or
employee contrary to the provisions of this section shall be
recoverable in action by the Federal Government. This section shall not
apply to citizens of Ireland, Israel, or the Republic of the
Philippines, or to nationals of those countries allied with the United
States in a current defense effort, or to international broadcasters
employed by the United States Information Agency, or to temporary
employment of translators, or to temporary employment in the field
service (not to exceed 60 days) as a result of emergencies.
Sec. 607. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment
to the General Services Administration for charges for space and
services and those expenses of renovation and alteration of buildings
and facilities which constitute public improvements performed in
accordance with the Public Buildings Act of 1959 (73 Stat. 749), the
Public Buildings Amendments of 1972 (87 Stat. 216), or other applicable
law.
Sec. 608. In addition to funds provided in this or any other Act,
all Federal agencies are authorized to receive and use funds resulting
from the sale of materials, including Federal records disposed of
pursuant to a records schedule recovered through recycling or waste
prevention programs. Such funds shall be available until expended for
the following purposes:
(1) Acquisition, waste reduction and prevention, and recycling
programs as described in Executive Order No. 12873 (October 20,
1993), including any such programs adopted prior to the effective
date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and implementation
of hazardous waste management and pollution prevention programs.
(3) Other employee programs as authorized by law or as deemed
appropriate by the head of the Federal agency.
Sec. 609. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations
and agencies subject to chapter 91 of title 31, United States Code,
shall be available, in addition to objects for which such funds are
otherwise available, for rent in the District of Columbia; services in
accordance with 5 U.S.C. 3109; and the objects specified under this
head, all the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the Act by
which they are made available: Provided, That in the event any
functions budgeted as administrative expenses are subsequently
transferred to or paid from other funds, the limitations on
administrative expenses shall be correspondingly reduced.
Sec. 610. No part of any appropriation for the current fiscal year
contained in this or any other Act shall be paid to any person for the
filling of any position for which he or she has been nominated after
the Senate has voted not to approve the nomination of said person.
Sec. 611. No part of any appropriation contained in this or any
other Act shall be available for interagency financing of boards
(except Federal Executive Boards), commissions, councils, committees,
or similar groups (whether or not they are interagency entities) which
do not have a prior and specific statutory approval to receive
financial support from more than one agency or instrumentality.
Sec. 612. Funds made available by this or any other Act to the
Postal Service Fund (39 U.S.C. 2003) shall be available for employment
of guards for all buildings and areas owned or occupied by the Postal
Service and under the charge and control of the Postal Service, and
such guards shall have, with respect to such property, the powers of
special policemen provided by the first section of the Act of June 1,
1948, as amended (62 Stat. 281; 40 U.S.C. 318), and, as to property
owned or occupied by the Postal Service, the Postmaster General may
take the same actions as the Administrator of General Services may take
under the provisions of sections 2 and 3 of the Act of June 1, 1948, as
amended (62 Stat. 281; 40 U.S.C. 318a and 318b), attaching thereto
penal consequences under the authority and within the limits provided
in section 4 of the Act of June 1, 1948, as amended (62 Stat. 281; 40
U.S.C. 318c).
Sec. 613. None of the funds made available pursuant to the
provisions of this Act shall be used to implement, administer, or
enforce any regulation which has been disapproved pursuant to a
resolution of disapproval duly adopted in accordance with the
applicable law of the United States.
Sec. 614. (a) Notwithstanding any other provision of law, and
except as otherwise provided in this section, no part of any of the
funds appropriated for the fiscal year ending on September 30, 1998, by
this or any other Act, may be used to pay any prevailing rate employee
described in section 5342(a)(2)(A) of title 5, United States Code--
(1) during the period from the date of expiration of the
limitation imposed by section 616 of the Treasury, Postal Service
and General Government Appropriations Act, 1997, until the normal
effective date of the applicable wage survey adjustment that is to
take effect in fiscal year 1998, in an amount that exceeds the rate
payable for the applicable grade and step of the applicable wage
schedule in accordance with such section 616; and
(2) during the period consisting of the remainder of fiscal
year 1998, in an amount that exceeds, as a result of a wage survey
adjustment, the rate payable under paragraph (1) by more than the
sum of--
(A) the percentage adjustment taking effect in fiscal year
1998 under section 5303 of title 5, United States Code, in the
rates of pay under the General Schedule; and
(B) the difference between the overall average percentage
of the locality-based comparability payments taking effect in
fiscal year 1998 under section 5304 of such title (whether by
adjustment or otherwise), and the overall average percentage of
such payments which was effective in fiscal year 1997 under
such section.
(b) Notwithstanding any other provision of law, no prevailing rate
employee described in subparagraph (B) or (C) of section 5342(a)(2) of
title 5, United States Code, and no employee covered by section 5348 of
such title, may be paid during the periods for which subsection (a) is
in effect at a rate that exceeds the rates that would be payable under
subsection (a) were subsection (a) applicable to such employee.
(c) For the purposes of this section, the rates payable to an
employee who is covered by this section and who is paid from a schedule
not in existence on September 30, 1997, shall be determined under
regulations prescribed by the Office of Personnel Management.
(d) Notwithstanding any other provision of law, rates of premium
pay for employees subject to this section may not be changed from the
rates in effect on September 30, 1997, except to the extent determined
by the Office of Personnel Management to be consistent with the purpose
of this section.
(e) This section shall apply with respect to pay for service
performed after September 30, 1997.
(f) For the purpose of administering any provision of law
(including section 8431 of title 5, United States Code, and any rule or
regulation that provides premium pay, retirement, life insurance, or
any other employee benefit) that requires any deduction or
contribution, or that imposes any requirement or limitation on the
basis of a rate of salary or basic pay, the rate of salary or basic pay
payable after the application of this section shall be treated as the
rate of salary or basic pay.
(g) Nothing in this section shall be considered to permit or
require the payment to any employee covered by this section at a rate
in excess of the rate that would be payable were this section not in
effect.
(h) The Office of Personnel Management may provide for exceptions
to the limitations imposed by this section if the Office determines
that such exceptions are necessary to ensure the recruitment or
retention of qualified employees.
Sec. 615. During the period in which the head of any department or
agency, or any other officer or civilian employee of the Government
appointed by the President of the United States, holds office, no funds
may be obligated or expended in excess of $5,000 to furnish or
redecorate the office of such department head, agency head, officer, or
employee, or to purchase furniture or make improvements for any such
office, unless advance notice of such furnishing or redecoration is
expressly approved by the Committees on Appropriations of the House and
Senate. For the purposes of this section, the word ``office'' shall
include the entire suite of offices assigned to the individual, as well
as any other space used primarily by the individual or the use of which
is directly controlled by the individual.
Sec. 616. Notwithstanding any other provision of law, no executive
branch agency shall purchase, construct, and/or lease any additional
facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without the advance approval of the House and Senate Committees on
Appropriations.
Sec. 617. Notwithstanding section 1346 of title 31, United States
Code, or section 611 of this Act, funds made available for fiscal year
1998 by this or any other Act shall be available for the interagency
funding of national security and emergency preparedness
telecommunications initiatives which benefit multiple Federal
departments, agencies, or entities, as provided by Executive Order No.
12472 (April 3, 1984).
Sec. 618. (a) None of the funds appropriated by this or any other
Act may be obligated or expended by any Federal department, agency, or
other instrumentality for the salaries or expenses of any employee
appointed to a position of a confidential or policy-determining
character excepted from the competitive service pursuant to section
3302 of title 5, United States Code, without a certification to the
Office of Personnel Management from the head of the Federal department,
agency, or other instrumentality employing the Schedule C appointee
that the Schedule C position was not created solely or primarily in
order to detail the employee to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed services detailed to or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense for the
collection of specialized national foreign intelligence through
reconnaissance programs;
(5) the Bureau of Intelligence and Research of the Department
of State;
(6) any agency, office, or unit of the Army, Navy, Air Force,
and Marine Corps, the Federal Bureau of Investigation and the Drug
Enforcement Administration of the Department of Justice, the
Department of Transportation, the Department of the Treasury, and
the Department of Energy performing intelligence functions; and
(7) the Director of Central Intelligence.
Sec. 619. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 1998 shall obligate or expend any such funds, unless such
department, agency, or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to ensure that
all of its workplaces are free from discrimination and sexual
harassment and that all of its workplaces are not in violation of title
VII of the Civil Rights Act of 1964, as amended, the Age Discrimination
in Employment Act of 1967, and the Rehabilitation Act of 1973.
Sec. 620. No part of any appropriation contained in this Act may be
used to pay for the expenses of travel of employees, including
employees of the Executive Office of the President, not directly
responsible for the discharge of official governmental tasks and
duties: Provided, That this restriction shall not apply to the family
of the President, Members of Congress or their spouses, Heads of State
of a foreign country or their designees, persons providing assistance
to the President for official purposes, or other individuals so
designated by the President.
Sec. 621. Notwithstanding any provision of law, the President, or
his designee, must certify to Congress, annually, that no person or
persons with direct or indirect responsibility for administering the
Executive Office of the President's Drug-Free Workplace Plan are
themselves subject to a program of individual random drug testing.
Sec. 622. (a) None of the funds made available in this or any other
Act may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills, and
abilities bearing directly upon the performance of official duties;
(2) contains elements likely to induce high levels of emotional
response or psychological stress in some participants;
(3) does not require prior employee notification of the content
and methods to be used in the training and written end of course
evaluation;
(4) contains any methods or content associated with religious
or quasi-religious belief systems or ``new age'' belief systems as
defined in Equal Employment Opportunity Commission Notice N-
915.022, dated September 2, 1988;
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace; or
(6) includes content related to human immunodeficiency virus-
acquired immune deficiency syndrome (HIV/AIDS) other than that
necessary to make employees more aware of the medical ramifications
of HIV/AIDS and the workplace rights of HIV-positive employees.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 623. No funds appropriated in this or any other Act for fiscal
year 1998 may be used to implement or enforce the agreements in
Standard Forms 312 and 4355 of the Government or any other
nondisclosure policy, form, or agreement if such policy, form, or
agreement does not contain the following provisions: ``These
restrictions are consistent with and do not supersede, conflict with,
or otherwise alter the employee obligations, rights, or liabilities
created by Executive Order No. 12356; section 7211 of title 5, United
States Code (governing disclosures to Congress); section 1034 of title
10, United States Code, as amended by the Military Whistleblower
Protection Act (governing disclosure to Congress by members of the
military); section 2302(b)(8) of title 5, United States Code, as
amended by the Whistleblower Protection Act (governing disclosures of
illegality, waste, fraud, abuse or public health or safety threats);
the Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et
seq.) (governing disclosures that could expose confidential Government
agents); and the statutes which protect against disclosure that may
compromise the national security, including sections 641, 793, 794,
798, and 952 of title 18, United States Code, and section 4(b) of the
Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The definitions,
requirements, obligations, rights, sanctions, and liabilities created
by said Executive order and listed statutes are incorporated into this
agreement and are controlling.'': Provided, That notwithstanding the
preceding paragraph, a nondisclosure policy form or agreement that is
to be executed by a person connected with the conduct of an
intelligence or intelligence-related activity, other than an employee
or officer of the United States Government, may contain provisions
appropriate to the particular activity for which such document is to be
used. Such form or agreement shall, at a minimum, require that the
person will not disclose any classified information received in the
course of such activity unless specifically authorized to do so by the
United States Government. Such nondisclosure forms shall also make it
clear that they do not bar disclosures to Congress or to an authorized
official of an executive agency or the Department of Justice that are
essential to reporting a substantial violation of law.
Sec. 624. No part of any funds appropriated in this or any other
Act shall be used by an agency of the executive branch, other than for
normal and recognized executive-legislative relationships, for
publicity or propaganda purposes, and for the preparation, distribution
or use of any kit, pamphlet, booklet, publication, radio, television or
film presentation designed to support or defeat legislation pending
before the Congress, except in presentation to the Congress itself.
Sec. 625. (a) In General.--No later than September 30, 1998, the
Director of the Office of Management and Budget shall submit to the
Congress a report that provides--
(1) estimates of the total annual costs and benefits of Federal
regulatory programs, including quantitative and nonquantitative
measures of regulatory costs and benefits;
(2) estimates of the costs and benefits (including quantitative
and nonquantitative measures) of each rule that is likely to have a
gross annual effect on the economy of $100,000,000 or more in
increased costs;
(3) an assessment of the direct and indirect impacts of Federal
rules on the private sector, State and local government, and the
Federal Government; and
(4) recommendations from the Director and a description of
significant public comments to reform or eliminate any Federal
regulatory program or program element that is inefficient,
ineffective, or is not a sound use of the Nation's resources.
(b) Notice.--The Director shall provide public notice and an
opportunity to comment on the report under subsection (a) before the
report is issued in final form.
Sec. 626. None of the funds appropriated by this Act or any other
Act, may be used by an agency to provide a Federal employee's home
address to any labor organization except when it is made known to the
Federal official having authority to obligate or expend such funds that
the employee has authorized such disclosure or that such disclosure has
been ordered by a court of competent jurisdiction.
Sec. 627. The Secretary of the Treasury is authorized to establish
scientific certification standards for explosives detection canines,
and shall provide, on a reimbursable basis, for the certification of
explosives detection canines employed by Federal agencies, or other
agencies providing explosives detection services at airports in the
United States.
Sec. 628. None of the funds made available in this Act or any other
Act may be used to provide any non-public information such as mailing
or telephone lists to any person or any organization outside of the
Federal Government without the approval of the House and Senate
Committees on Appropriations.
Sec. 629. Notwithstanding section 611, interagency financing is
authorized to carry out the purposes of the National Bioethics Advisory
Commission.
Sec. 630. No part of any appropriation contained in this or any
other Act shall be used for publicity or propaganda purposes within the
United States not heretofore authorized by the Congress.
Sec. 631. None of the funds appropriated in this or any other Act
shall be used to acquire information technologies which do not comply
with part 39.106 (Year 2000 compliance) of the Federal Acquisition
Regulation, unless an agency's Chief Information Officer determines
that noncompliance with part 39.106 is necessary to the function and
operation of the requesting agency or the acquisition is required by a
signed contract with the agency in effect before the date of enactment
of this Act. Any waiver granted by the Chief Information Officer shall
be reported to the Office of Management and Budget, and copies shall be
provided to Congress.
Sec. 632. For fiscal year 1998, the Secretary of the Treasury is
authorized to use funds made available to the FSLIC Resolution Fund
under Public Law 103-327, not to exceed $33,700,000, to reimburse the
Department of Justice for the reasonable expenses of litigation that
are incurred in the defense of claims against the United States arising
from FIRREA and its implementation.
Sec. 633. Personal Allowance Parity Among NAFTA Parties. (a) In
General.--The United States Trade Representative and the Secretary of
the Treasury, in consultation with the Secretary of Commerce, shall
initiate discussions with officials of the Governments of Mexico and
Canada to achieve parity in the duty-free personal allowance structure
of the United States, Mexico, and Canada.
(b) Report.--The United States Trade Representative and the
Secretary of the Treasury shall report to Congress within 90 days after
the date of enactment of this Act on the progress that is being made to
correct any disparity between the United States, Mexico, and Canada
with respect to duty-free personal allowances.
(c) Recommendations.--If parity with respect to duty-free personal
allowances between the United States, Mexico, and Canada is not
achieved within 180 days after the date of enactment of this Act, the
United States Trade Representative and the Secretary of the Treasury
shall submit recommendations to Congress for appropriate legislation
and action.
Sec. 634. None of the funds made available in this Act for the
United States Customs Service may be used to allow the importation into
the United States of any good, ware, article, or merchandise mined,
produced, or manufactured by forced or indentured child labor, as
determined pursuant to section 307 of the Tariff Act of 1930 (19 U.S.C.
1307).
Sec. 635. No later than 30 days after the enactment of this Act,
the Director of the Office of Management and Budget shall require all
Federal departments and agencies to report total obligations for the
expenses of employee relocation. All obligations incident to employee
relocation authorized under either chapter 57 of title 5, United States
Code, or section 901 of the Foreign Service Act of 1980 (22 U.S.C.
4081; Public Law 96-465), shall be included. Such information for the
past, current, and budget years shall be included in the agency budget
submission to the President. The Director of the Office of Management
and Budget shall prepare a table presenting obligations for the
expenses of employee relocation for all departments and agencies, and
such table shall be transmitted to Congress each year as part of the
President's annual budget.
Sec. 636. Notwithstanding any other provision of law, no part of
any appropriation contained in this Act or any other Act for any fiscal
year shall be available for paying Sunday premium pay to any employee
unless such employee actually performed work during the time
corresponding to such premium pay.
Sec. 637. Section 302(g)(1) of the Federal Election Campaign Act of
1971 (2 U.S.C. 432(g)(1)) is amended--
(1) by striking ``and'' after ``Senator,''; and
(2) by inserting after ``candidate,'' the following: ``and by
the Republican and Democratic Senatorial Campaign Committees''.
Sec. 638. (a) Chapter 31 of title 5, United States Code, is amended
by inserting after section 3112 the following:
``Sec. 3113. Restriction on reemployment after conviction of certain
crimes
``An employee shall be separated from service and barred from
reemployment in the Federal service, if--
``(1) the employee is convicted of a violation of section
201(b) of title 18; and
``(2) such violation related to conduct prohibited under
section 1010(a) of the Controlled Substances Import and Export Act
(21 U.S.C. 960(a)).''.
(b) The table of sections for chapter 31 of title 5, United States
Code, is amended by inserting after the item relating to section 3112
the following:
``3113. Restriction on reemployment after conviction of certain
crimes.''.
(c) This section shall apply during fiscal year 1998 and each
fiscal year thereafter.
Sec. 639. (a) Coordination of Counterdrug Intelligence Centers and
Activities.--(1) Not later than 120 days after the date of enactment of
this Act, the Director of the Office of National Drug Control Policy
shall submit to the appropriate congressional committees, including the
Committees on Appropriations, a plan to improve coordination, and
eliminate unnecessary duplication, among the counterdrug intelligence
centers and counterdrug activities of the Federal Government, including
the centers and activities of the following departments and agencies:
(A) The Department of Defense, including the Defense
Intelligence Agency.
(B) The Department of the Treasury, including the United States
Customs Service and the Financial Crimes Enforcement Network
(FinCEN).
(C) The Central Intelligence Agency.
(D) The Coast Guard.
(E) The Department of Justice, including the National Drug
Intelligence Center (NDIC); the Drug Enforcement Administration,
including the El Paso Intelligence Center (EPIC); and the Federal
Bureau of Investigation.
(2) The purpose of the plan under paragraph (1) is to maximize the
effectiveness of the centers and activities referred to in that
paragraph in achieving the objectives of the national drug control
strategy. In order to maximize such effectiveness, the plan shall--
(A) articulate clear and specific mission statements for each
counterdrug intelligence center and activity, including the manner
in which responsibility for counterdrug intelligence activities
will be allocated among the counterdrug intelligence centers;
(B) specify the relationship between such centers;
(C) specify the means by which proper oversight of such centers
will be assured;
(D) specify the means by which counterdrug intelligence will be
forwarded effectively to all levels of officials responsible for
United States counterdrug policy; and
(E) specify mechanisms to ensure that State and local law
enforcement agencies are apprised of counterdrug intelligence
acquired by Federal law enforcement agencies in a manner which--
(i) facilitates effective counterdrug activities by State
and local law enforcement agencies; and
(ii) provides such State and local law enforcement agencies
with the information relating to the safety of officials
involved in their counterdrug activities.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The Committee on Foreign Relations, the Committee on the
Judiciary, and the Select Committee on Intelligence of the Senate.
(2) The Committee on International Relations, the Committee on
the Judiciary, and the Permanent Select Committee on Intelligence
of the House of Representatives.
Sec. 640. No part of any appropriation contained in this or any
other Act shall be available for the payment of the salary of any
officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to prohibit
or prevent, any other officer or employee of the Federal Government
from having any direct oral or written communication or contact
with any Member, committee, or subcommittee of the Congress in
connection with any matter pertaining to the employment of such
other officer or employee or pertaining to the department or agency
of such other officer or employee in any way, irrespective of
whether such communication or contact is at the initiative of such
other officer or employee or in response to the request or inquiry
of such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes, reduces
in rank, seniority, status, pay, or performance of efficiency
rating, denies promotion to, relocates, reassigns, transfers,
disciplines, or discriminates in regard to any employment right,
entitlement, or benefit, or any term or condition of employment of,
any other officer or employee of the Federal Government, or
attempts or threatens to commit any of the foregoing actions with
respect to such other officer or employee, by reason of any
communication or contact of such other officer or employee with any
Member, committee, or subcommittee of the Congress as described in
paragraph (1).
Sec. 641. Section 5118(d)(2) of title 31, United States Code, is
amended by striking ``This paragraph shall'' and all that follows
through the end of the paragraph.
Sec. 642. (a) This section may be cited as the ``Federal Employees'
Retirement System Open Enrollment Act of 1997''.
(b) Any individual who, as of January 1, 1998, is employed by the
Federal Government, and on such date is subject to subchapter III of
chapter 83 of title 5, United States Code, may elect to become subject
to chapter 84 of such title in accordance with regulations promulgated
under subsection (c).
(c) The Office of Personnel Management shall promulgate regulations
to carry out the provisions of this section. Such regulations shall--
(1)(A) subject to subparagraph (B), provide for an election
under subsection (b) to be made not before July 1, 1998, or after
December 31, 1998; and
(B) with respect to a Member of Congress, provide for--
(i) an election under subsection (b) to be made not before
July 1, 1998, or after October 31, 1998; and
(ii) such an election to take effect not before January 4,
1999;
(2) provide notice and information to individuals who may make
such an election, including information on a comparison of benefits
an individual would receive from coverage under chapter 83 or 84 of
title 5, United States Code; and
(3) provide for treatment of such an election similar to the
applicable provisions of title III of the Federal Employees'
Retirement System Act of 1986 (Public Law 99-335; 100 Stat. 599 et
seq.).
(d)(1) Section 210(a)(5)(H)(i) of the Social Security Act (42
U.S.C. 410(a)(5)(H)(i)) is amended--
(A) by striking ``or'' after ``1986'' and inserting a comma;
and
(B) by inserting ``or the Federal Employees' Retirement System
Open Enrollment Act of 1997'' after ``(50 U.S.C. 2157),''.
(2) Section 3121(b)(5)(H)(i) of the Internal Revenue Code of 1986
is amended--
(A) by striking ``or'' after ``1986'' and inserting a comma;
and
(B) by inserting ``or the Federal Employees' Retirement System
Open Enrollment Act of 1997'' after ``(50 U.S.C. 2157),''.
This Act may be cited as the ``Treasury and General Government
Appropriations Act, 1998''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.