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TITLE VI—GENERAL PROVISIONS DEPARTMENTS, AGENCIES, AND CORPORATIONS SECTION 601. Funds appropriated in this or any other Act may be used to pay travel to the United States for the immediate family of employees serving abroad in cases of death or life threatening illness of said employee. SEC. 602. No department, agency, or instrumentality of the United States receiving appropriated funds under this or any other Act for fiscal year ø1996¿ 1997 shall obligate or expend any such funds, unless such department, agency, or instrumentality has in place, and will continue to administer in good faith, a written policy designed to ensure that all of its workplaces are free from the illegal use, possession, or distribution of controlled substances (as defined in the Controlled Substances Act) by the officers and employees of such department, agency, or instrumentality. SEC. 603. Notwithstanding 31 U.S.C. 1345, any agency, department or instrumentality of the United States which provides or proposes to provide child care services for Federal employees may reimburse any Federal employee or any person employed to provide such services for travel, transportation, and subsistence expenses incurred for training classes, conferences or other meetings in connection with the provision of such services: Provided, That any per diem allowance made pursuant to this section shall not exceed the rate specified in regulations prescribed pursuant to section 5707 of title 5, United States Code. SEC. 604. Unless otherwise specifically provided, the maximum amount allowable during the current fiscal year in accordance with section 16 of the Act of August 2, 1946 (60 Stat. 810), for the purchase of any passenger motor vehicle (exclusive of buses, ambulances, law enforcement, and undercover surveillance vehicles), is hereby fixed at $8,100 except station wagons for which the maximum shall be $9,100: Provided, That these limits may be exceeded by not to exceed $3,700 for police-type vehicles, and by not to exceed $4,000 for special heavy-duty vehicles: Provided further, That the limits set forth in this section may not be exceeded by more than five percent for electric or hybrid vehicles purchased for demonstration under the provisions of the Electric and Hybrid Vehicle Research, Development, and Demonstration Act of 1976: Provided further, That the limits set forth in this section may be exceeded by the incremental cost of clean alternative fuels vehicles acquired pursuant to Public Law 101–549 over the cost of comparable conventionally fueled vehicles. SEC. 605. Appropriations of the executive departments and independent establishments for the current fiscal year available for expenses of travel or for the expenses of the activity concerned, are hereby made available for quarters allowances and cost-of-living allowances, in accordance with 5 U.S.C. 5922–24. SEC. 606. Unless otherwise specified during the current fiscal year no part of any appropriation contained in this or any other Act shall be used to pay the compensation of any officer or employee of the Government of the United States (including any agency the majority of the stock of which is owned by the Government of the United States) whose post of duty is in the continental United States unless such person (1) is a citizen of the United States, (2) is a person in the service of the United States on the date of enactment of this Act who, being eligible for citizenship, has filed a declaration of intention to become a citizen of the United States prior to such date and is actually residing in the United States, (3) is a person who owes allegiance to the United States, (4) is an alien from Cuba, Poland, South Vietnam, the countries of the former Soviet Union, or the Baltic countries lawfully admitted to the United States for permanent residence, (5) South Vietnamese, Cambodian, and Laotian refugees paroled in the United States after January 1, 1975, or (6) nationals of the People’s Republic of China that qualify for adjustment of status pursuant to the Chinese Student Protection Act of 1992: Provided, That for the purpose of this section, an affidavit signed by any such person shall be considered prima facie evidence that the requirements of this section with respect to his or her status have been complied with: Provided further, That any person making a false affidavit shall be guilty of a felony, and, upon conviction, shall be fined no more than $4,000 or imprisoned for not more than one year, or both: Provided further, That the above penal clause shall be in addition to, and not in substitution for, any other provi- sions of existing law: Provided further, That any payment made to any officer or employee contrary to the provisions of this section shall be recoverable in action by the Federal Government. This section shall not apply to citizens of Ireland, Israel, the Republic of the Philippines or to nationals of those countries allied with the United States in the current defense effort, or to international broadcasters employed by the United States Information Agency, or to temporary employment of translators, or to temporary employment in the field service (not to exceed sixty days) as a result of emergencies. SEC. 607. Appropriations available to any department or agency during the current fiscal year for necessary expenses, including maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space and services and those expenses of renovation and alteration of buildings and facilities which constitute public improvements performed in accordance with the Public Buildings Act of 1959 (73 Stat. 749), the Public Buildings Amendments of 1972 (87 Stat. 216), or other applicable law. SEC. 608. In addition to funds provided in this or any other Act, all Federal agencies are authorized to receive and use funds resulting from the sale of materials recovered through recycling or waste prevention programs. Such funds shall be available until expended for the following purposes: (1) Acquisition, waste reduction and prevention and recycling programs as described in Executive Order 12873 (October 20, 1993), including any such programs adopted prior to the effective date of the Executive Order. (2) Other Federal agency environmental management programs, including but not limited to, the development and implementation of hazardous waste management and pollution prevention programs. (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. øSEC. 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. ø611. Any¿ 610. For the fiscal year ending September 30, 1997 and thereafter, any department or agency to which the Administrator of General Services has delegated the authority to operate, maintain or repair any building or facility pursuant to section 205(d) of the Federal Property and Administrative Services Act of 1949, as amended, shall retain that portion of the GSA rental payment available for operation, maintenance or repair of the building or facility, as determined by the Administrator, and expend such funds directly for the operation, maintenance or repair of the building or facility. Any funds retained under this section shall remain available until expended for such purposes. SEC. ø612¿ 611. Pursuant to section 1415 of the Act of July 15, 1952 (66 Stat. 662), foreign credits (including currencies) owed to or owned by the United States may be used by Federal agencies for any purpose for which appropriations are made for the current fiscal year (including the carrying out of Acts requiring or authorizing the use of such credits), only when reimbursement therefor is made to the Treasury from applicable appropriations of the agency concerned: Provided, That such credits received as exchanged allowances or proceeds of sales of personal property may be used in whole or part payment for acquisition of similar items, to the extent and in 9 10 TITLE VI—GENERAL PROVISIONS—Continued DEPARTMENTS, AGENCIES, AND CORPORATIONS—Continued the manner authorized by law, without reimbursement to the Treasury. øSEC. 613. No part of any appropriation contained in this or any other Act shall be available for interagency financing of boards, commissions, councils, committees, or similar groups (whether or not they are interagency entities) which do not have a prior and specific statutory approval to receive financial support from more than one agency or instrumentality.¿ SEC. ø614¿ 612. Funds made available by this or any other Act to the ‘‘Postal Service Fund’’ (39 U.S.C. 2003) shall be available for employment of guards for all buildings and areas owned or occupied by the Postal Service and under the charge and control of the Postal Service, and such guards shall have, with respect to such property, the powers of special policemen provided by the first section of the Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318), and, as to property owned or occupied by the Postal Service, the Postmaster General may take the same actions as the Administrator of General Services may take under the provisions of sections 2 and 3 of the Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318a, 318b), attaching thereto penal consequences under the authority and within the limits provided in section 4 of the Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318c). øSEC. 615. None of the funds made available pursuant to the provisions of this Act shall be used to implement, administer, or enforce any regulation which has been disapproved pursuant to a resolution of disapproval duly adopted in accordance with the applicable law of the United States.¿ SEC. ø616¿ 613. (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, ø1996¿ 1997, 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 ø617¿ 616 of the Treasury, Postal Service and General Government Appropriations Act, ø1995¿ 1996, until the normal effective date of the applicable wage survey adjustment that is to take effect in fiscal year ø1996¿ 1997, in an amount that exceeds the rate payable for the applicable grade and step of the applicable wage schedule in accordance with such section ø617¿ 616; and (2) during the period consisting of the remainder of fiscal year ø1996¿ 1997, 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 ø1996¿ 1997 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 ø1996¿ 1997 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 ø1995¿ 1996 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, ø1995¿ 1996, 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, ø1995¿ 1996, 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, ø1995¿ 1996. (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. ø617¿ 614. 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 øapproved by¿ transmitted to 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. øSEC. 618. Notwithstanding any other provision of law, no executive branch agency shall purchase, construct, and/or lease any additional facilities, except within or contiguous to existing locations, to be used for the purpose of conducting Federal law enforcement training without the advance approval of the House and Senate Committees on Appropriations.¿ SEC. ø619¿ 615. Notwithstanding section 1346 of title 31, United States Code, øor Sec. 613 of this Act,¿ funds made available for fiscal year ø1996¿ 1997 by this or any other Act shall be available for the interagency funding of national security and emergency preparedness telecommunications initiatives which benefit multiple Federal departments, agencies, or entities, as provided by Executive Order Numbered 12472 (April 3, 1984). øSEC. 620. Notwithstanding any provisions of this or any other Act, during the fiscal year ending September 30, 1996, and hereafter, any department, division, bureau, or office may use funds appropriated by this or any other Act to install telephone lines, and necessary equipment, and to pay monthly charges, in any private residence or private apartment of an employee who has been authorized to work at home in accordance with guidelines issued by the Office of Personnel Management: Provided, That the head of the department, division, bureau, or office certifies that adequate safeguards against private misuse exist, and that the service is necessary for direct support of the agency’s mission.¿ SEC. ø621¿ 616. (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 policydetermining 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. ø622¿ 617. No department, agency, or instrumentality of the United States receiving appropriated funds under this or any other TITLE VI—GENERAL PROVISIONS—Continued Act for fiscal year ø1996¿ 1997 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. øSEC. 623. No part of any appropriation contained in this Act may be used to pay for the expenses of travel of employees, including employees of the Executive Office of the President, not directly responsible for the discharge of official governmental tasks and duties: Provided, That this restriction shall not apply to the family of the President, Members of Congress or their spouses, Heads of State of a foreign country or their designee(s), persons providing assistance to the President for official purposes, or other individuals so designated by the President.¿ SEC. ø624¿ 618. 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. øSEC. 625. (a) Beginning in fiscal year 1996 and thereafter, for each Federal agency, except the Department of Defense (which has separate authority), and except as provided in Public Law 102–393, title IV, section 13 (40 U.S.C. 490g) with respect to the Fund established pursuant to 40 U.S.C. 490(f), an amount equal to 50 percent of— (1) the amount of each utility rebate received by the agency for energy efficiency and water conservation measures, which the agency has implemented; and (2) the amount of the agency’s share of the measured energy savings resulting from energy-savings performance contracts, may be retained and credited to accounts that fund energy and water conservation activities at the agency’s facilities, and shall remain available until expended for additional specific energy efficiency or water conservation projects or activities, including improvements and retrofits, facility surveys, additional or improved utility metering, and employee training and awareness programs, as authorized by section 152(f) of the Energy Policy Act (Public Law 102–486). (b) The remaining 50 percent of each rebate, and the remaining 50 percent of the amount of the agency’s share of savings from energy-savings performance contracts, shall be transferred to the General Fund of the Treasury at the end of the fiscal year in which received.¿ øSEC. 627. (a) None of the funds made available in this Act may be obligated or expended for any employee training when it is made known to the Federal official having authority to obligate or expend such funds that such employee training— (1) does not meet identified needs for knowledge, skills, and abilities bearing directly upon the performance of official duties; (2) contains elements likely to induce high levels of emotional response or psychological stress in some participants; (3) does not require prior employee notification of the content and methods to be used in the training and written end of course evaluation; (4) contains any methods or content associated with religious or quasi-religious belief systems or ‘‘new age’’ belief systems as defined in Equal Employment Opportunity Commission Notice N– 915.022, dated September 2, 1988; (5) is offensive to, or designed to change, participants’ personal values or lifestyle outside the workplace; or (6) includes content related to human immunodeficiency virus/ acquired immune deficiency syndrome (HIV/AIDS) other than that necessary to make employees more aware of the medical ramifications of HIV/AIDS and the workplace rights of HIV-positive employees. (b) Nothing in this section shall prohibit, restrict, or otherwise preclude an agency from conducting training bearing directly upon the performance of official duties.¿ øSEC. 628. No funds appropriated in this or any other Act for fiscal year 1996 may be used to implement or enforce the agreements in Standard Forms 312 and 4355 of the Government or any other nondisclosure policy, form or agreement if such policy, form or agreement does not contain the following provisions: ‘‘These restrictions are consistent with and do not supersede, conflict with or otherwise alter the employee obligations, rights or liabilities created by Execu- 11 tive Order 12356; section 7211 of title 5, United States Code (governing disclosures to Congress); section 1034 of title 10, United States Code, as amended by the Military Whistleblower Protection Act (governing disclosure to Congress by members of the military); section 2302(b)(8) of title 5, United States Code, as amended by the Whistleblower Protection Act (governing disclosures of illegality, waste, fraud, abuse or public health or safety threats); the Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures that could expose confidential Government agents), and the statutes which protect against disclosure that may compromise the national security, including sections 641, 793, 794, 798, and 952 of title 18, United States Code, and section 4(b) of the Subversive Activities Act of 1950 (50 U.S.C. section 783(b)). The definitions, requirements, obligations, rights, sanctions and liabilities created by said Executive Order and listed statutes are incorporated into this agreement and are controlling’’: 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 must also make it clear that they do not bar disclosures to Congress or to an authorized official of an executive agency or the Department of Justice that are essential to reporting a substantial violation of law.¿ SEC. ø629¿ 619. (a) None of the funds appropriated by this or any other Act may be expended by any Federal Agency to procure any product or service øthat is subject to the provisions of Public Law 89–306¿ subject to section 5124 of Public Law 104–106 and that will be available under the procurement by the Administrator of General Services known as ‘‘FTS2000’’ unless— (1) such product or service is procured by the Administrator of General Services as part of the procurement known as ‘‘FTS2000’’; or (2) that agency establishes to the satisfaction of the Administrator of General Services that— (A) that agency’s requirements for such procurement are unique and cannot be satisfied by property and service procured by the Administrator of General Services as part of the procurement known as ‘‘FTS2000’’; and (B) the agency procurement, pursuant to such delegation, would be cost-effective and would not adversely affect the costeffectiveness of the FTS2000 procurement. (b) After July 31, ø1996¿ 1997, subsection (a) shall apply only if the Administrator of General Services has reported that the FTS2000 procurement is producing prices that allow the Government to satisfy its requirements for such procurement in the most costeffective manner. ø(c) The Comptroller General of the United States shall conduct and deliver a comprehensive analysis of the cost to the Federal Government of all Federal agency telecommunications services and traffic, by agency, and provide such report to the House and Senate Committees on Appropriations by no later than May 31, 1996: Provided, That such report shall (1) identify which agencies are using FTS2000 systems; (2) determine whether or not such usage is costeffective; and (3) provide a comparison of telecommunication costs between agencies that use or do not use FTS2000.¿ SEC. 620. Title 31. United States Code is amended to require executive agencies to verify for correctness of transportation charges prior to payment, and for related purposes. (a) Effective eighteen months after enactment, section 3322 is amended in subsection (c) by adding after the word ‘‘classifications’’ ‘‘if the Administrator of General Services has determined that verification by prepayment audit conducted pursuant to subsection 3726(c) of this title will not adequately protect the interests of the Government’’. (b) Effective eighteen months after enactment section 3528 is amended by— (1) deleting ‘‘and’’ at the end of (a)(3) and ‘‘.’’ after the word ‘‘involved’’ and adding ‘‘; and’’ to the end of subsection (a)(4). (2) adding paragraph (5) under subsection (a) to read as follows: (5) verifying transportation rates, freight classifications, and other information provided on a Government bill of lading or transportation request unless the Administrator of General Serv- 12 TITLE VI—GENERAL PROVISIONS—Continued DEPARTMENTS, AGENCIES, AND CORPORATIONS—Continued ices has determined that verification by a prepayment audit conducted pursuant to subsection 3726(a) of this title will not adequately protect the interests of the Government. (3) adding in subsection (c)(1) after the word ‘‘deductions’’, ‘‘and the Administrator of General Services has determined that verification by a prepayment audit conducted pursuant to subsection 3726(a) of this title will not adequately protect the interests of the Government’’. (4) adding in subsection (c)(2) after the word ‘‘agreement’’, ‘‘and the Administrator of General Services has determined that verification by prepayment audit will not adequately protect the interests of the Government’’. (c) Effective eighteen months after enactment, section 3726 is amended by— (1) revising subsection (a) to read as follows: ‘‘(a) Each agency which receives a bill from a carrier or freight forwarder for transporting an individual or property for the United States Government shall verify its correctness (to include transportation rates, freight classifications, or proper combinations thereof), using prepayment audit or other means suitable to the circumstances, prior to payment in accordance with the requirements of this section and regulations prescribed by the Administrator of General Services. The Administrator of General Services may exempt bills from an audit or review, and determine that bills are exempt from a prepayment audit or verification based on cost-effectiveness, public interest, or other factors the Administrator deems appropriate. Expenses for prepayment audits shall be funded by the agency’s appropriations used for the transportation services. The audit authority provided to agencies by this section is subject to oversight by the Administrator.’’; (2) redesignating existing subsection (b) as new subsection (d); (3) adding a new subsection (b) to read as follows: ‘‘(b) The Administrator may conduct pre-or postpayment audits of transportation bills from any Federal agency. The number and types of bills audited shall be based on the Administrator’s judgment.’’; (4) redesignating existing subsection (c) as new subsection (c); (5) adding a new subsection (c) to read as follows: ‘‘(c) The Administrator shall adjudicate transportation claims which cannot be resolved by the agency procuring the transportation services, or the carrier or freight forwarder presenting the bill. A claim under this section shall be allowed only if it is received by the Administrator not later than 3 years (excluding time of war) after the later of the following dates: (1) accrual of the claim; (2) payment for the transportation is made; (3) refund for an overpayment for the transportation is made; or (4) a deduction under subsection (d) of this section is made.’’; (6) redesignating existing subsection (d) as new subsection (f), striking ‘‘subsection (c)’’ therein and inserting ‘‘subsection (e)’’ in lieu thereof, and adding ‘‘This reporting requirement expires December 31, 1998.’’, to the end of the subsection; (7) redesignating existing subsections (e) as new subsection (h); (8) striking ‘‘subsection (a)’’ in subsection (g)(1) and inserting ‘‘subsection (c)’’ in lieu thereof; and (9) redesignating existing subsection (f) as new subsection (i). SEC. 621. For the additional amount necessary for fully funding fixed asset acquisitions, $1,408,800,000, which amount shall be available as follows: for the National Aeronautics and Space Administration, $558,000,000 shall be available for the Tracking and Data Relay Satellite Replenishment program and $342,000,000 shall be available for the New Millennium program; for the Department of the Interior, National Park Service, $111,000,000 shall be available for the restoration of the Elwha River in Washington as authorized by Public Law 102–495; for the Department of Energy, $182,000,000 shall be available for environmental management projects, $13,000,000 shall be available for the Combustion Research Facility, Phase II, $35,100,000 shall be available for the B-Factory at the Stanford Linear Accelerator Center, $36,750,000 shall be available for the Fermilab Main Injector, and $131,216,000 shall be available for the Relativistic Heavy Ion Collider at Brookhaven National Laboratory: Provided, That these amounts shall be transferred to and merged with appropriations otherwise available for these purposes for the fiscal year ending September 30, 1997, to be available under the same terms and conditions as the appropriation to which transferred. SEC. 622. Subsection (f) of section 403 of Public Law 103–356 is amended by deleting ‘‘October 1, 1999’’ and inserting ‘‘October 1, 2001’’. øSEC. 630. (a) Section 4–607(18) of title 4 of the District of Columbia Code, is amended by inserting ‘‘the United States Secret Service Uniformed Division, the United States Secret Service Division,’’ after ‘‘average pay of a member who was an officer or member of’’. (b) Section 4–622 of title 4 of the District of Columbia Code, is amended— (A) in subsection (b)(1)(A) by striking out ‘‘Of the basis upon which the annuity, relief, or retirement compensation being received by such former member at the time of death was computed’’ and inserting in lieu thereof ‘‘Of the adjusted average pay of such former member’’; (B) in subsection (c)(1)(A)(ii), by striking out ‘‘The basis upon which the former member’s annuity at the time of death was computed’’ and inserting in lieu thereof ‘‘The adjusted average pay of the former member’’; and (C) in subsection (c)(2)(B), by striking out the colon after ‘‘United States Secret Service Division’’ through clause (iii) and inserting in lieu thereof ‘‘, 75 percent of the adjusted average pay of the former member, divided by the number of eligible children; or’’.¿ øSEC. 631. (a) Section 5402 of title 39, United States Code, is amended— (1) in subsection (f) by striking out ‘‘During the period beginning January 1, 1985, and ending January 1, 1999, the’’ and inserting in lieu thereof ‘‘The’’; and (2) in subsection (g)(1) by amending subparagraph (D) to read as follows: ‘‘(D) have provided scheduled service within the State of Alaska for at least 12 consecutive months with aircraft— ‘‘(i) up to 7,500 pounds payload capacity before being selected as a carrier of nonpriority bypass mail at an applicable intraAlaska bush service mail rate; and ‘‘(ii) over 7,500 pounds payload capacity before being selected as a carrier of nonpriority bypass mail at the intra-Alaska mainline service mail rate.’’. (b)(1) Subject to paragraph (2), the amendment made by subsection (a) shall be effective on and after August 1, 1995. (2) Subparagraph (D) of section 5402(g)(1) title 39, United States Code (as in effect before the amendment made under subsection (a)), shall apply to a carrier, if such carrier— (A) has an application pending before the Department of Transportation for approval under section 41102 or 41110(e) of title 39, United States Code, before August 1, 1995; and (B) would meet the requirements of such subparagraph if such application were approved and such certificate were purchased. (c) Section 41901(g) of title 49, United States Code, is repealed.¿ øSEC. 632. LIMITATION ON USE OF FUNDS FOR THE PROVISION OF CERTAIN FOREIGN ASSISTANCE.— (a) IN GENERAL.—Notwithstanding any other provision of law, none of the funds made available by this Act for the Department of the Treasury shall be available for any activity or for paying the salary of any Government employee where funding an activity or paying a salary to a Government employee would result in a decision, determination, rule, regulation, or policy that would permit the Secretary of the Treasury to make any loan or extension of credit under section 5302 of title 31, United States Code, with respect to a single foreign entity or government of a foreign country (including agencies or other entities of that government)— (1) with respect to a loan or extension of credit for more than 60 days, unless the President certifies to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking and Financial Services of the House of Representatives that— (A) there is no projected cost (as that term is defined in section 502 of the Federal Credit Reform Act of 1990) to the United States from the proposed loan or extension of credit; and (B) any proposed obligation or expenditure of United States funds to or on behalf of the foreign government is adequately backed by an assured source of repayment to ensure that all United States funds will be repaid; and (2) other than as provided by an Act of Congress, if that loan or extension of credit would result in expenditures and obligations, including contingent obligations, aggregating more than $1,000,000,000 with respect to that foreign country for more than 180 days during the 12-month period beginning on the date on which the first such action is taken. TITLE VI—GENERAL PROVISIONS—Continued (b) WAIVER OF LIMITATIONS.—The President may exceed the dollar and time limitations in subsection (a)(2) if he certifies in writing to the Congress that a financial crisis in that foreign country poses a threat to vital United States economic interests or to the stability of the international financial system. (c) EXPEDITED PROCEDURES FOR A RESOLUTION OF DISAPPROVAL.— A presidential certification pursuant to subsection (b) shall not take effect, if the Congress, within 30 calendar days after receiving such certification, enacts a joint resolution of disapproval, as described in paragraph (5) of this subsection. (1) REFERENCE TO COMMITTEES.—All joint resolutions introduced in the Senate to disapprove the certification shall be referred to the Committee on Banking, Housing and Urban Affairs, and in the House of Representatives, to the appropriate committees. (2) DISCHARGE OF COMMITTEES.—(A) If the committee of either House to which a resolution has been referred has not reported it at the end of 15 days after its introduction, it is in order to move either to discharge the committee from further consideration of the joint resolution or to discharge the committee from further consideration of any other resolution introduced with respect to the same matter, except no motion to discharge shall be in order after the committee has reported a joint resolution with respect to the same matter. (B) A motion to discharge may be made only by an individual favoring the resolution, and is privileged in the Senate; and debate thereon shall be limited to not more than 1 hour, the time to be divided in the Senate equally between, and controlled by, the majority leader and the minority leader or their designees. (3) FLOOR CONSIDERATION IN THE SENATE.—(A) A motion in the Senate to proceed to the consideration of a resolution shall be privileged. (B) Debate in the Senate on a resolution, and all debatable motions and appeals in connection therewith, shall be limited to not more than 4 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (C) Debate in the Senate on any debatable motion or appeal in connection with a resolution shall be limited to not more than 20 minutes, to be equally divided between, and controlled by, the mover and the manager of the resolution, except that in the event the manager of the resolution is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal. (D) A motion in the Senate to further limit debate on a resolution, debatable motion, or appeal is not debatable. No amendment to, or motion to recommit, a resolution is in order in the Senate. (4) In the case of a resolution, if prior to the passage by one House of a resolution of that House, that House receives a resolution with respect to the same matter from the other House, then— (A) the procedure in that House shall be the same as if no resolution had been received from the other House; but (B) the vote on final passage shall be on the resolution of the other House. (5) For purposes of this subsection, the term ‘‘joint resolution’’ means only a joint resolution of the 2 Houses of Congress, the matter after the resolving clause of which is as follows: ‘‘That the Congress disapproves the action of the President under section 632(b) of the Treasury, Postal Service, and General Government Appropriations Act, 1996, notice of which was submitted to the Congress on .’’, with the blank space being filled with the appropriate date. (d) APPLICABILITY.—This section— (1) shall not apply to any action taken as part of the program of assistance to Mexico announced by the President on January 31, 1995; and (2) shall remain in effect through fiscal year 1996.¿ øSEC. 633. For purposes of each provision of law amended by section 704(a)(2) of the Ethics Reform Act of 1989 (5 U.S.C. 5318 note), no adjustment under section 5303 of title 5, United States Code, shall be considered to have taken effect in fiscal year 1996 in the rates of basic pay for the statutory pay systems.¿ øSEC. 634. Notwithstanding any other provision of law, the United States Customs Service shall transfer, without consideration, to the National Warplane Museum in Geneseo, New York, 2 seized and forfeited A–37 Dragonfly jets for display and museum purposes.¿ 13 øSEC. 636. This section may be cited as the ‘‘Prohibition of Cigarette Sales to Minors in Federal Buildings and Lands Act’’. (a) As used in this section— (1) the term ‘‘Federal agency’’ means— (A) an Executive agency as defined in section 105 of title 5, United States Code; and (B) each entity specified in subparagraphs (B) through (H) of section 5721(1) of title 5, United States Code; (2) the term ‘‘Federal building’’ means— (A) any building or other structure owned in whole or in part by the United States or any Federal agency, including any such structure occupied by a Federal agency under a lease agreement; and (B) includes the real property on which such building is located; (3) the term ‘‘minor’’ means an individual under the age of 18 years; and (4) the term ‘‘tobacco product’’ means cigarettes, cigars, little cigars, pipe tobacco, smokeless tobacco, snuff, and chewing tobacco. (b)(1) No later than 45 days after the date of the enactment of this Act, the Administrator of General Services and the head of each Federal agency shall promulgate regulations that prohibit— (A) the sale of tobacco products in vending machines located in or around any Federal building under the jurisdiction of the Administrator or such agency head; and (B) the distribution of free samples of tobacco products in or around any Federal building under the jurisdiction of the Administrator or such agency head. (2) The Administrator of General Services or the head of an agency, as appropriate, may designate areas not subject to the provisions of paragraph (1), if such area also prohibits the presence of minors. (3) The provisions of this subsection shall be carried out— (A) by the Administrator of General Services for any Federal building which is maintained, leased, or has title of ownership vested in the General Services Administration; or (B) by the head of a Federal agency for any Federal building which is maintained, leased, or has title of ownership vested in such agency. (c) No later than 90 days after the date of enactment of this Act, the Administrator of General Services and each head of an agency shall prepare and submit, to the appropriate committees of Congress, a report that shall contain— (1) verification that the Administrator or such head of an agency is in compliance with this section; and (2) a detailed list of the location of all tobacco product vending machines located in Federal buildings under the administration of the Administrator or such head of an agency. (d)(1) No later than 45 days after the date of the enactment of this Act, the Senate Committee on Rules and Administration and the House of Representatives Committee on House Oversight, after consultation with the Architect of the Capitol, shall promulgate regulations under the Senate and House of Representatives rulemaking authority that prohibit the sale of tobacco products in vending machines in the Capitol Buildings. (2) Such committees may designate areas where such prohibition shall not apply, if such area also prohibits the presence of minors. (3) For the purpose of this section the term ‘‘Capitol Buildings’’ shall have the same meaning as such term is defined under section 16(a)(1) of the Act entitled ‘‘An Act to define the area of the United States Capitol Grounds, to regulate the use thereof, and for other purposes’’, approved July 31, 1946 (40 U.S.C. 193m(1)). (e) Nothing in this section shall be construed as restricting the authority of the Administrator of General Services or the head of an agency to limit tobacco product use in or around any Federal building, except as provided under subsection (b)(1).¿ øSEC. 637. NATIONAL COMMISSION ON RESTRUCTURING THE INTERNAL REVENUE SERVICE.—Text omitted. This section established this temporary commission and authorized funds for it.¿ øSEC. 638. The Administrator of General Services shall, within six months of enactment of this Act, report to Congress on the feasibility of leasing agreements with State and local governments and private sponsors for the construction of border stations on the borders of the United States with Canada and Mexico whereby— (1) lease payments shall not exceed 30 years for payment of the purchase price and interest; (2) an agreement entered into under such provisions shall provide for the title to the property and facilities to vest in the United States on or before the expiration of the contract term, on fulfillment of the terms and conditions of the agreement.¿ 14 TITLE VI—GENERAL PROVISIONS—Continued DEPARTMENTS, AGENCIES, AND CORPORATIONS—Continued øSEC. 639. TRANSFER OF CERTAIN FEDERAL SEY.—The first section of the Act entitled ‘‘An PROPERTY IN NEW JERAct transferring certain Federal property to the city of Hoboken, New Jersey’’, approved September 27, 1982 (Public Law 97–268; 96 Stat. 1140), is amended— (1) in subsection (a), by adding ‘‘and’’ at the end; and (2) by striking ‘‘Stat. 220), and’’ in subsection (b) and all that follows through ‘‘New Jersey; concurrent with’’ and inserting the following: ‘‘Stat. 220); concurrent with’’.¿ øSEC. 640. Service performed during the period January 1, 1984, through December 31, 1986, which would, if performed after that period, be considered service as a law enforcement officer, as defined in section 8401(17) (A)(i)(II) and (B) of title 5, United States Code, shall be deemed service as a law enforcement officer for the purposes of chapter 84 of such title.¿ (Treasury, Postal Service and General Government Appropriations Acts, 1996.)
@FedFRASER