Departments, Agencies, and Corporations

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 1995 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 policy108 STAT. 2416 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. 1346, 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 heavYduty 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 101–649 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, or (5) South Vietnamese, Cambodian, and Laotian refugees paroled in the United States after January 1, 1975, or (6) nationals of the People’s Republic of China that qualify for adjustment of status pursuant to the Chinese Student Protection Act of 1992: Provided That for the purpose of this section, an affidavit signed by any such person shall be considered prima facie evidence that the requirements108 STAT. 2417 of this section with respect to his or her status have been complied with: Provided further, That any person making a false affidavit shall be guilty of a felony, and, upon conviction, shall be fined no more than $4,000 or imprisoned for not more than one year, or both: Provided further, That the above penal clause shall be in addition to, and not in substitution for, any other provisions of existing law: Provided further, That any payment made to any officer or employee contrary to the provisions of this section shall be recoverable in action by the Federal Government. This section shall not apply to citizens of Ireland, Israel, the Republic of the Philippines or to nationals of those countries allied with the United States in the current defense effort, or to international broadcasters employed by the United States Information Agency, or to temporary employment of translators, or to temporary employment in the field service (not to exceed sixty days) as a result of emergencies. Sec. 607. Appropriations available to any department or agency during the current fiscal year for necessary expenses, including maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space and services and those expenses of renovation and alteration of buildings and facilities which constitute public improvements performed in accordance with the Public Buildings Act of 1959 (73 Stat. 749), the Public Buildings Amendments of 1972 (87 Stat. 216), or other 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. The Administrator of General Services or his designee is authorized to transfer funds received into the Federal Buildings Fund pursuant to section 11 of GSA—General Provisions, Public Law 102–141, October 28, 1991, 105 Stat. 856, 40 U.S.C., sec. 490(f) (7) and (8), or sec. 490g, prior to the effective date of this legislation, to other Federal agencies for use by those agencies for the purposes set forth in those statutes. Such funds shall be available until expended and shall be in addition to any amounts appropriated for such purposes. 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 the108 STAT. 2418 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. Any department or agency to which the Administrator of General Services has delegated the authority to operate, maintain or repair any building or facility pursuant to section 205(d) of the Federal Property and Administrative Services Act of 1949, as amended, shall retain that portion of the GSA rental payment available for operation, maintenance or repair of the building or facility, as determined by the Administrator, and expend such funds directly for the operation, maintenance or repair of the building or facility. Any funds retained under this section shall remain available until expended for such purposes. Sec. 612. Pursuant to section 1415 of the Act of July 15, 1952 (66 Stat. 662), foreign credits (including currencies) owed to or owned by the United States may be used by Federal agencies for any purpose for which appropriations are made for the current fiscal year (including the carrying out of Acts requiring or authorizing the use of such credits), only when reimbursement therefor is made to the Treasury from applicable appropriations of the agency concerned: Provided, That such credits received as exchanged allowances or proceeds of sales of personal property may be used in whole or part payment for acquisition of similar items, to the extent and in the manner authorized by law, without reimbursement to the Treasury. Sec. 613. No part of any appropriation contained in this or any other Act shall be available for interagency financing of boards, commissions, councils, committees, or similar groups (whether or not they are interagency entities) which do not have a prior and specific statutory approval to receive financial support from more than oneagency or instrumentality. Sec. 614. Funds made available by this or any other Act to the “Postal Service Fund” (39 U.S.C. 2003) shall be available for employment of guards for all buildings and areas owned or occupied by the Postal Service and under the charge and control of the Postal Service, and such guards shall have, with respect to such property, the powers of special policemen provided by the first section of the Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318), and, as to property owned or occupied by the Postal Service, the Postmaster General may take the same actions as the Administrator of General Services may take under the provisions of sections 2 and 3 of the Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318a, 318b), attaching thereto penal consequences under the authority and within the limits provided in section 4 of the Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318c). Sec. 615. None of the funds made available pursuant to the provisions of this Act shall be used to implement, administer, or 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. 108 STAT. 2419 Sec. 616. No part of any appropriation contained in, or funds made available by, this or any other Act, shall be available for any agency to pay to the Administrator of the General Services Administration a higher rate per square foot for rental of space and services (established pursuant to section 210(j) of the Federal Property and Administrative Services Act of 1949, as amended) than the rate per square foot established for the space and services by the General Services Administration for the fiscal year for which appropriations were granted. Sec. 617. (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, 1995, 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 615 of the Treasury, Postal Service and General Government Appropriations Act, 1994, until the normal effective date of the applicable wage survey adjustment that is to take effect in fiscal year 1995, 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 1995, 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 1995 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 1995 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 1994 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, 1994, 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, 1994, 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, 1994. 108 STAT. 2420 (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. 618. 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. 619. (a) Notwithstanding the provisions of sections 112 and 113 of title 3, United States Code, each Executive agency detailing any personnel shall submit a report on an annual basis in each fiscal year to the Senate and House Committees on Appropriations on all employees or members of the armed services detailed to Executive agencies, listing the grade, position, and offices of each person detailed and the agency to which each such person is detailed. (b) The provisions of this section shall not apply to Federal employees or members of the armed services detailed to or from— (1) theCentral Intelligence Agency; (2) the National Security Agency; (3) the Defense Intelligence Agency; (4) the offices within the Department of Deferise for the collection of specialized national foreign intelligence through reconnaissance programs; (5) the Bureau of Intelligence and Research of the Department of State; (6) any agency, office, or unit of the Army, Navy, Air Force, and Marine Corps, the Federal Bureau of Investigation and the Drug Enforcement Administration of the Department of Justice, the Department of the Treasury, the Department of Transportation, and the Department of Energy performing intelligence functions; and (7) the Director of Central Intelligence. (c) The exemptions in part (b) of this section are not intended to apply to information on the use of personnel detailed to or from the intelligence agencies which is currently being supplied108 STAT. 2421 to the Senate and House Intelligence and Appropriations Committees by the executive branch through budget justification materials and other reports. (d) For the purposes of this section, the term “Executive agency” has the same meaning as defined under section 105 of title 5, United States Code (except that the provisions of section 104(2) of title 5, United States Code, shall not apply), and includes the White House Office, the Executive Residence, and any office, council, or organizational unit of the Executive Office of the President. Sec. 620. No funds appropriated in this or any other Act for fiscal year 1995 may be used to implement or enforce the agreements in Standard Forms 312 and 4355 of the Government or any other nondisclosure policy, form or agreement if such policy, form or agreement does not contain the following provisions: “These restrictions are consistent with and do not supersede, conflict with or otherwise alter the employee obligations, rights or liabilities created by Executive Order 12356; section 7211 of title 5, United States Code (governing disclosures to Congress); section 1034 of title 10, United States Code, as amended by the Military Whistleblower Protection Act (governing disclosure to Congress by members of the military); section 2302(b)(8) of title 5, United States Code, as amended by the Whistleblower Protection Act (governing disclosures of illegality, waste, fraud, abuse or public health or safety threats); the Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures that could expose confidential Government agents), and the statutes which protect against disclosure that may compromise the national security, including sections 641, 793, 794, 798, and 952 of title 18, United States Code, and section 4(b) of the Subversive Activities Act of 1950 (50 U.S.C. section 783(b)). The definitions, requirements, obligations, rights, sanctions and liabilities created by said Executive Order and listed statutes are incorporated into this Agreement and are controlling.”. Sec. 621. 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. 622. (a) None of the funds appropriated by this or any other Act may be expended by any Federal agency to procure any product or service that is subject to the provisions of Public Law 89–806 and that will be available under the procurement by the Administrator of General Services known as “FTS2000” unless— (1) such product or service is procured by the Administrator of General Services as part of the procurement known as “FTS2000”; or (2) that agency establishes to the satisfaction of the Administrator of General Services that— (A) the agency’s requirements for such procurement are unique and cannot be satisfied by property and service procured by the Administrator of General Services as part of the procurement known as “FTS2000”; and (B) the agency procurement, pursuant to such delegation, would be cost-effective and would not adversely affect the cost effectiveness of the FTS2000 procurement. 108 STAT. 2422 (b) After July 31, 1995, subsection (a) shall apply only if the Administrator of General Services has reported that the FTS2000 procurement is producing prices that allow the Government to satisfy its requirements for such procurement in the most cost-effective manner. Sec. 623. (a) No amount of any grant made by a Federal agency shall be used to finance the acquisition of goods or services (including construction services) unless the recipient of the grant agrees, as a condition for the receipt of such grant, to— (1) specify in any announcement of the awarding of the contract for the procurement of the goods and services involved (including construction services) the amount of Federal funds that will be used to finance the acquisition; and (2) express the amount announced pursuant to paragraph (1) as a percentage of the total costs of the planned acquisition. (b) The requirements of subsection (a) shall not apply to a procurement for goods or services (including construction services) that has an aggregate value of less than $500,000. Sec. 624. Notwithstanding section 1346 of title 31, United States Code, funds made available for fiscal year 1995 by this or any other Act shall be available for the interagency funding of national security and emergency preparedness telecommunications initiatives which benefit multiple Federal departments, agencies, or entities, as provided by Executive Order Numbered 12472 (April 3, 1984). Sec. 625. Notwithstanding any provisions of this or any other Act, during the fiscal year ending September 30, 1995, 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. 626. (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; 108 STAT. 2423 (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. 627. None of the funds appropriated by this or any other Act may be used to relocate the Department of Justice Immigration Judges from offices located in Phoenix, Arizona to new quarters in Florence, Arizona without the prior approval of the House and Senate Committees on Appropriations. Sec. 628. No department, agency, or instrumentality of the United States receiving appropriated funds under this or any other Act for fiscal year 1995 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. 629. (a)(1) Subchapter II of chapter 63 of title 5, United States Code, is amended by adding at the end the following: “§6327. Absence in connection with serving as a bone-marrow or organ donor “(a) An employee in or under an Executive agency is entitled to leave without loss of or reduction in pay, leave to which otherwise entitled, credit for time or service, or performance or efficiency rating, for the time necessary to permit such employee to serve as a bone-marrow or organ donor. “(b) Not to exceed 7 days of leave may be used under this section by an employee in a calendar year. “(c) The Office of Personnel Management may prescribe regulations for the administration of this section.”. (2)(A) Section 6129 of title 5, United States Code, is amended by inserting “6327,” after “6326,”. (B) The table of sections for chapter 63 of title 5, United States Code, is amended by adding after the item relating to section 6326 the following: “§6327. Absence in connection with serving as a bone-marrow or organ donor.”. (b)(1) Section 6307 of title 5, United States Code, is amended— (A) by redesignating subsection (c) as subsection (d); (B) by inserting after subsection (b) the following: “(c) Sick leave provided by this section may be used for purposes relating to the adoption of a child.”; and (C) in subsection (d) (as so redesignated by subparagraph (A)) by inserting “or for purposes relating to the adoption of a child,” after “ailment,”. (2) Section 6129 of title 5, United States Code, is amended by striking “6307 (a) and (c),” and inserting “6307 (a) and (d),”. (3)(A) The Office of Personnel Management shall prescribe regulations under which any employee who used or uses annual leave for an adoption-related purpose, after September 30, 1991, and before the date as of which sick leave first becomes available for such purpose as a result of the enactment of this subsection may,108 STAT. 2424 upon appropriate written application, elect to have such employee’s leave accounts adjusted to reflect the amount of annual leave and sick leave, respectively, which would remain had sick leave been used instead of all or any portion of the annual leave actually used, as designated by the employee. (B) An application under this paragraph may not be approved unless it is submitted— (i) within 1 year after the date of the enactment of this Act or such later date as the Office may prescribe; (ii) in such form and manner as the Office shall require; and (iii) by an individual who is an employee as of the time of application. (C) For the purpose of this paragraph, the term “employee” has the meaning given such term by section 6301(2) of title 5, United States Code. Sec. 630. (a)(1) The adjustment in rates of basic pay for the statutory pay systems that takes effect in fiscal year 1995 under section 5303 of title 5, United States Code, shall be an increase of 2 percent. (2) 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 1995 in the rates of basic pay for the statutory pay systems. (3) For purposes of this subsection, the term “statutory pay system” shall have the meaning given such term by section 5302(1) of title 5, United States Code. (b) For purposes of any locality-based comparability payments taking effect in fiscal year 1995 under subchapter I of chapter 53 of title 5, United States Code (whether by adjustment or otherwise), section 5304(a) of such title shall be deemed to be without force or effect. (c) Notwithstanding section 5304(a)(3)(B) of title 5, United States Code, the annualized cost of pay adjustments made under section 5304 of such title in calendar year 1995 shall be equal to 0.6 percent of the estimated aggregate fiscal year 1995 executive branch civilian payroll— (1) as determined by the pay agent (within the meaning of section 5302 of such title); and (2) determined as if the rates of pay and comparability payments payable on September 30, 1994, had remained in effect. Sec. 631. Section 5(f) of the Federal Workforce Restructuring Act of 1994 (Public Law 103–226) is amended by adding at the end the following new paragraph: “(3) Applicability of backfill prevention provisions to agencies otherwise exempted from fte reduction.— “(A) In general.—If any agency is otherwise exempted by any law from the limitations on full-time equivalent positions or the restrictions on hiring established by this section— “(i) paragraph (1) shall apply to vacancies created in such agency; and “(ii) the reductions required pursuant to clause (i) shall be made in the number of funded employee positions in such agency. 108 STAT. 2425 “(B) Waiver authority.—In the case of a particular position in an agency, subparagraph (A) may be waived upon a determination by the head of the agency that the performance of a critical agency mission requires the waiver. “(C) Relation to other law.—No law may be construed as suspending or modifying this paragraph unless such law specifically amends this paragraph.”. Sec. 632. (a) In General.—Hereafter, the employment of any individual within the Executive Office of the President shall be placed on leave without pay status if the individual— (1) has not, within 30 days of commencing such employment or by October 31, 1994 (whichever occurs later), submitted a completed questionnaire for sensitive positions (SF-86) or equivalent form; or (2) has not, within 6 months of commencing such employment or by October 31, 1994 (whichever occurs later), had his or her background investigation, if completed, forwarded by the counsel to the President to the United States Secret Service for issuance of the appropriate access pass. (b) Exemption.—Subsection (a) shall not apply to any individual specifically exempted from such subsection by the President or his designee. Sec. 633. LAW ENFORCEMENT AVAILABILITY PAY. (a) Short Title.—This section may be cited as the “Law Enforcement Availability Pay Act of 1994”. (b) Law Enforcement Availability Pay.— (1) In general.—Chapter 55 of title 5, United States Code, is amended by inserting after section 5545 the following new section: “§5546a. Availability pay for criminal investigators “(a) for purposes of this section— “(1) the term ‘available’ refers to the availability of a criminal investigator and means that an investigator shall be considered generally and reasonably accessible by the agency employing such investigator to perform unscheduled duty based on the needs of an agency; “(2) the term ‘criminal investigator’ means a law enforcement officer as defined under section 5541(3) (other than an officer occupying a position under title II of Public Law 99–399) is required to— “(A) possess a knowledge of investigative techniques, laws of evidence, rules of criminal procedure, and precedent court decisions concerning admissibility of evidence, constitutional rights, search and seizure, and related issues; “(B) recognize, develop, and present evidence that reconstructs events, sequences and time elements for presentation in various legal hearings and court proceedings; “(C) demonstrate skills in applying surveillance techniques, undercover work, and advising and assisting the United States Attorney in and out of court; “(D) demonstrate the ability to apply the full range of knowledge, skills, and abilities necessary for cases which are complex and unfold over a long period of time (as108 STAT. 2426 distinguished from certain other occupations that require the use of some investigative techniques in short-term situations that may end in arrest or detention); “(E) possess knowledge of criminal laws and Federal rules of procedure which apply to cases involving crimes against the United States, including— “(i) knowledge of the elements of a crime; “(ii) evidence required to prove the crime; “(iii) decisions involving arrest authority; “(iv) methods of criminal operations; and “(v) availability of detection devices; “(F) possess the ability to follow leads that indicate a crime will be committed rather than initiate an investigation after a crime is committed; “(3) the term ‘unscheduled duty’ means hours of duty a criminal investigator works, or is determined to be available for work, that are not— “(A) part of the 40 hours in the basic work week of the investigator; or “(B) overtime hours paid under section 5542; and “(4) the term ‘regular work day’ means each day in the investigator’s basic work week during which the investigator works at least 4 hours that are not overtime hours paid under section 5542 or hours considered part of section 5545a. “(b) The purpose of this section is to provide premium pay to criminal investigators to ensure the availability of criminal investigators for unscheduled duty in excess of a 40 hour work week based on the needs of the employing agency. “(c) Each criminal investigator shall be paid availability pay as provided under this section. Availability pay shall be paid to ensure the availability of the investigator for unscheduled duty. The investigator is generally responsible for recognizing, without supervision, circumstances which require the investigator to be on duty or be available for unscheduled duty based on the needs of the agency. Availability pay provided to a criminal investigator for such unscheduled duty shall be paid instead of premium pay provided by other provisions of this subchapter, except premium pay for regularly scheduled overtime work as provided under section 5542, night duty, Sunday duty, and holiday duty. “(d)(1) A criminal investigator shall be paid availability pay, if the average of hours described under paragraph (2) (A) and (B) is equal to or greater than 2 hours. “(2) The hours referred to under paragraph (1) are— “(A) the annual average of unscheduled duty hours worked by the investigator in excess of each regular work day; and “(B) the annual average of unscheduled duty hours such investigator is available to work on each regular work day upon request of the employing agency. “(3) Unscheduled duty hours which are worked by an investigator on days that are not regular work days shall be considered in the calculation of the annual average of unscheduled duty hours worked or available for purposes of certification. “(4) An investigator shall be considered to be available when the investigator cannot reasonably and generally be accessible due to a status or assignment which is the result of an agency direction, order, or approval as provided under subsection (f)(1). 108 STAT. 2427 “(e)(1) Each criminal investigator receiving availability pay under this section and the appropriate supervisory officer, to be designated by the head of the agency, shall make an annual certification to the head of the agency that the investigator has met, and is expected to meet, the requirements of subsection (d). The head of a law enforcement agency may prescribe regulations necessary to administer this subsection. “(2) Involuntary reduction in pay resulting from a denial of certification under paragraph (1) shall be a reduction in pay for purposes of section 7512(4) of this title. “(f)(1) A criminal investigator who is eligible for availability pay shall receive such pay during any period such investigator is— “(A) attending agency sanctioned training; “(B) on agency approved sick leave or annual leave; “(C) on agency ordered travel status; or “(D) on excused absence with pay for relocation purposes. “(2) Notwithstanding paragraph (1)(A), agencies or departments may provide availability pay to investigators during training which is considered initial, basic training usually provided in the first year of service. “(3) Agencies or departments may provide availability pay to investigators when on excused absence with pay, except as provided in paragraph (1)(D). “(g) Section 5545(c) shall not apply to any criminal investigator who is paid availability pay under this section. “(h) Availability pay under this section shall be— “(1) 25 percent of the rate of basic pay for the position; and “(2) treated as part of the basic pay for purposes of— “(A) sections 5595(c), 8114(e), 8331(3), 8431, and 8704(c); and “(B) such other purposes as may be expressly provided for by law or as the Office of Personnel Management may by regulation prescribe.”. (2) Limitation on premium pay.—Section 5547(a) of title 5, United States Code, is amended in the first sentence by inserting “5545a,” after “5545 (a), (b), and (c),”. (3) Technical and conforming amendment.—The table of sections for chapter 55 of title 5, United States Code, is amended by inserting after the item relating to section 5545 the following new item: “§5545a. Availability pay for criminal investigators.”. (c) Computation of Overtime Rates.—Section 5542 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: “(d) In applying subsection (a) of this section with respect to any criminal investigator who is paid availability pay under section 5545a— “(1) such investigator shall be compensated under such subsection (a), at the rates there provided, for overtime work which is scheduled in advance of the administrative work-week— “(A) in excess of 10 hours on a day during such investigator’s basic 40 hour workweek; or “(B) on a day outside such investigator’s basic 40 hour workweek; and 108 STAT. 2428 “(2) such investigator shall be compensated for all other overtime work under section 6645a.”. (d) Exemptions From Certain Fair Labor Standards.—Section 13 of the Fair Labor Standards Act of 1938 (29 U.S.C. 213) is amended— (1) in subsection (a)— (A) in paragraph (16) by striking out the period and inserting in lieu thereof a semicolon and “or”; and (B) by adding at the end thereof the following new paragraph: “(16) a criminal investigator who is paid availability pay under section 5546a of title 5, United States Code.”; and (2) in subsection (b)— (A) in paragraph (28) by striking out “or” after the semicolon; (B) in paragraph (29) by striking out the period and inserting in lieu thereof a semicolon and “or”; and (C) by adding at the end thereof the following new paragraph: “(30) a criminal investigator who is paid availability pay under section 5545a of title 5, United States Code.”. (e) Effective Date.—The amendments made by this section shall take effect on the first day of the first applicable pay period which begins on or after the later of October 1, 1994, or the 30th day following the date of enactment of this Act, except that: (1) Criminal investigators, employed in Offices of Inspectors General, who are not receiving administratively uncontrollable overtime compensation or who are receiving such premium pay at a rate less than 26 percent prior to the date of enactment of this Act, may implement availability pay at any time prior to September 30, 1995, after which date availability pay as authorized under this section shall be provided to such criminal investigators. (2) Criminal investigators, employed by Offices of Inspectors General, who are receiving administratively uncontrollable overtime at a rate less than 25 percent, shall continue to receive this compensation at the same rate or higher until availability pay compensation is provided, which shall be no later than the last pay period ending on or before September 30, 1995. (f) Not later than the effective date of this section, each criminal investigator under section 5545a of title 5, United States Code, as added by this section, and the appropriate supervisory officer, to be designated by the head of the agency, shall make an initial certification to the head of the agency that the criminal investigator is expected to meet the requirements of subsection (d) of such section 5545a. The head of a law enforcement agency may prescribe procedures necessary to administer this paragraph. Sec. 634. (a) Section 5704 of title 5, United States Code, is amended to read as follows: “(a)(1) Under regulations prescribed under section 5707 of this title, an employee who is engaged on official business for the Government is entitled to a rate per mile established by the Administrator of General Services, instead of the actual expenses of transportation, for the use of a privately owned automobile when that mode of transportation is authorized or approved as more advantageous to the Government. In any year in which the Internal108 STAT. 2429 Revenue Service establishes a single standard mileage rate for optional use by taxpayers in computing the deductible costs of operating their automobiles for business purposes, the rate per mile established by the Administrator shall not exceed the single standard mileage rate established by the Internal Revenue Service. “(2) Under regulations prescribed under section 5707 of this title, an employee who is engaged on official business for the Government is entitled to a rate per mile established by the Administrator of General Services, instead of the actual expenses of transportation, for the use of a privately owned airplane or a privately owned motorcycle when that mode of transportation is authorized or approved as more advantageous to the Government. “(b) A determination that travel by a privately owned vehicle is more advantageous to the Government is not required under subsection (a) of this section when payment on a mileage basis is limited to the cost of travel by common carrier including per diem. “(c) Notwithstanding the provisions of subsections (a) and (b) of this section, in any case in which an employee who is engaged on official business for the Government chooses to use a privately owned vehicle in lieu of a Government vehicle, payment on a mileage basis is limited to the cost of travel by a Government vehicle. “(d) In addition to the rate per mile authorized under subsection (a) of this section, the employee may be reimbursed for— “(1) parking fees; “(2) ferry fees; “(3) bridge, road, and tunnel costs; and “(4) airplane landing and tie-down fees.”. (b) Section 5707(b) of title 5, United States Code, is amended to read as follows: “(b) The Administrator of General Services shall prescribe the mileage reimbursement rates for use on official business of privately owned airplanes, privately owned automobiles, and privately owned motorcycles while engaged on official business as provided for in section 5704 of this title as follows: “(1)(A) The Administrator of General Services, in consultation with the Comptroller General of the United States, the Secretary of Transportation, the Secretary of Defense, and representatives of organizations of employees of the Government, shall conduct periodic investigations of the cost of travel and the operation of privately owned vehicles to employees while engaged on official business, and shall report the results of such investigations to Congress at least once a year. “(B) In conducting the periodic investigations, the Administrator shall review and analyze among other factors— “(i) depreciation of original vehicle cost; “(ii) gasoline and oil (excluding taxes); “(iii) maintenance, accessories, parts, and tires; “(iv) insurance; and “(v) State and Federal taxes. “(2)(A) The Administrator shall issue regulations under this section which— “(i) shall prescribe a mileage reimbursement rate which reflects the current costs as determined by the Administrator of operating privately owned automobiles, and which shall not exceed, as provided in section 5704(a)(1) of this108 STAT. 2430 title, the single standard mileage rate established by the Internal Revenue Service, and “(ii) shall prescribe mileage reimbursement rates which reflect the current costs as determined by the Administrator of operating privately owned airplanes and motorcycles. “(B) At least once each year after the issuance of the regulations described in subparagraph (A) of this paragraph, the Administrator shall determine, based upon the results of the cost investigation, specific figures, each rounded to the nearest half cent, of the average, actual cost per mile during the period for the use of a privately owned airplane, automobile, and motorcycle. “(C) The Administrator shall report the specific figures to Congress not later than five working days after the Administrator makes the cost determination. Each such report shall be printed in the Federal Register. “(D) The mileage reimbursement rates contained in the regulations prescribed under this section shall be adjusted within thirty days following the submission of the report under subparagraph (C) of this paragraph.”. (c) Section 5707 of title 5, United States Code, is amended by striking paragraph (c)(2), and redesignating (c)(1) as subsection (c). Sec. 635. SENSE OF THE SENATE REGARDING CANADA’S RESTRICTIONS ON IMPORTS OF UNITED STATES CHICKENS. (a) Findings.—The Senate makes the following findings: (1) The United States chicken industry is a highly competitive and growing industry which employs over 200,000 people, has over 25,000 family farms, and has significant production in over 28 States. (2) United States exports of chickens grew by 32 percent in volume in 1993 and exports are increasingly important to the continued economic vitality of the chicken industry. (3) Canada’s chicken supply management system has severely limited the importation of United States chickens to Canada since it was imposed over 15 years ago, and its elimination would lead to between $350,000,000 and $700,000,000 in new exports to Canada and between 7,000 and 14,000 new jobs in the United States. (4) Canada’s chicken supply management system protects Canadian chicken growers while seriously hurting both United States and Canadian food processors, retailers, and consumers. (5) The United States and Canada have a free trade agreement which calls for the elimination of all tariffs and prohibits the imposition of new tariffs on any goods traded bilaterally. (6) The goals of the Uruguay Round Agreement on Agriculture are to liberalize and expand trade in agriculture and to eliminate distortions to such trade. (7) Canada refused to negotiate the issue of elimination of its severe trade restrictions on the importation of United States chickens as part of the North American Free Trade Agreement (hereafter referred to as “NAFTA”) because the issue was part of the global trade negotiations under the Uruguay Round. 108 STAT. 2431 (8) The Uruguay Round has now concluded and the former and current United States Trade Representative, as well as other key cabinet-level officials, have stated that Canada will be in violation of its NAFTA obligations if it does not eliminate its newly imposed tariffs on chickens. (9) The United States chicken industry has waited patiently for access to Canadian markets, which would be the United States largest export market for chickens if it were fully open. (10) NAFTA should lead to free and completely open trade for the chicken industry between the United States and Canada, as it will between the United States and Mexico. (11) The United States and Canada are currently holding discussions to resolve this and other bilateral agricultural matters. (b) Sense of the Senate.—It is the sense of the Senate that— (1) the United States should reserve all current and future rights to bring Canada into compliance with its tariff obligations under NAFTA, including the use of bilateral or multilateral dispute settlement proceedings; and (2) any agreement that is negotiated between the United States and Canada on chickens should lead to— (A) substantial and immediate new market access opportunities for United States chicken exports in excess of the levels that have already been achieved; and (B) a commitment from Canada before the effective date of the Uruguay Round Agreements which— (i) establishes a timeframe for the elimination of all of Canada’s tariffs on chickens; and (ii) provides for growth in market access levels for United States chicken exports to Canada during the period such tariffs are being phased out. Sec. 636. 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. 637. Congressional Award Program Medals.—Section 3 of the Congressional Award Act (2 U.S.C. 802) is amended— (1) in subsection (a)— (A) by striking “gold, silver, and bronze”; and (B) by striking the last sentence and inserting the following: “Each medal shall consist of gold-plate over bronze, rhodium over bronze, or bronze and shall be struck in accordance with subsection (f).”; and (2) by adding at the end the following new subsection: “(f) Congressional Award Program Medals.— “(1) Design and striking.—The Secretary of the Treasury shall strike the medals described in subsection (a) and awarded by the Board under this Act. Subject to subsection (a), the medals shall be of such quantity, design, and specifications as the Secretary of the Treasury may determine, after consultation with the Board. 108 STAT. 2432 “(2) National medals.—The medals struck pursuant to this Act are National medals for purposes of chapter 51 of title 31, United States Code. “(3) Authorization of appropriations.—There are authorized to be charged against the Numismatic Public Enterprise Fund such amounts as may be necessary to pay for the cost of the medals struck pursuant to this Act.”. Sec. 638. 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. 639. Section 3626, paragraph (j)(1), subparagraph (D), of title 39, United States Code is amended by— (a) deleting the final “.” from (II) and adding “; and”; and (b) adding “(III) clause (i) shall not apply to space advertising in mail matter that otherwise qualifies for rates under former section 4452(b) or 4452(c) of this title, and satisfies the content requirements established by the Postal Service for periodical publications: Provided, That such changes in law shall take effect immediately and shall stay in effect hereafter unless the Congress enacts legislation on this matter prior to October 1, 1995. Sec. 640. In the administration of section 3702 of title 31, United States Code, the Comptroller General of the United States shall apply a 6-year statute of limitations to any claim of a Federal employee under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) for claims filed before June 30, 1994. Sec. 641. The Bureau of the Public Debt is authorized to pay in advance or reimburse any Treasury organization, an amount not to exceed one year of salary and benefits for each Public Debt employee hired by that organization described in section 521(a) of this Act. Sec. 642. Chapter 63 of title 5 of the United States Code is amended by adding, following the word “Forces” in section 6326, a new section 6327 to read as follows: “§ 6327. Absence in connection with funerals of fellow Federal law enforcement officers “A Federal law enforcement officer or a Federal firefighter may be excused from duty without loss of, or reduction in, pay or leave to which such officer is otherwise entitled, or credit for time or service, or performance or efficiency rating, to attend the funeral of a fellow Federal law enforcement officer or Federal firefighter, who was killed in the line of duty. When so excused from duty, attendance at such service shall for the purposes of section 1345(a) of title 31, be considered to be an official duty of the officer or firefighter.”. Sec. 643. Of the amount appropriated for “Government Payment for Annuitants, Employee Life Insurance” under this Act, such sums as may be necessary for such payments for the period September 15 through 30, 1994 shall become available upon enactment of this Act. Sec. 644. (a) The Office of Management and Budget shall report to the Congress no later than November 1, 1994, for each108 STAT. 2433 agency for which the budgetary resources available to the agency in fiscal year 1995 would be canceled in an appropriations Act to achieve savings in procurement and procurement-related expenses, of the manner in which these savings are to be achieved. (b) Notwithstanding any other provision of law, each agency for which the budgetary resources available to the agency in fiscal year 1995 would be canceled in an appropriations Act to achieve savings in procurement and procurement-related expenses, such cancellation shall occur on November 30, 1994, or 30 days after the Office of Management and Budget submits the report required by subsection (a) of this section, whichever date is earlier.