Pub. L. 103-329, tit. V, under "This Act"

This Act

EnactedYear: 1994Length: 3,838 wordsOfficial source
This Act Section 501. No part of any appropriation made available in this Act shall be used for the purchase or sale of real estate or for the purpose of establishing new offices inside or outside the District of Columbia: Provided, That this limitation shall not apply to programs which have been approved by the Congress and appropriations made therefor. Sec. 502. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Sec. 503. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. Sec. 504. No part of any appropriation contained in this Act shall be available for the procurement of, or for the payment of, the salary of any person engaged in the procurement of any hand or measuring tool(s) not produced in the United States or its possessions except to the extent that the Administrator of General Services108 STAT. 2409 or his designee shall determine that a satisfactory quality and sufficient quantity of hand or measuring tools produced in the United States or its possessions cannot be procured as and when needed from sources in the United States and its possessions, or except in accordance with procedures prescribed by section 6–104.4(b) of Armed Services Procurement Regulation dated January 1, 1969, as such regulation existed on June 15, 1970: Provided, That a factor of 75 per centum in lieu of 50 per centum shall be used for evaluating foreign source end products against a domestic source end product. This section shall be applicable to all solicitations for bids opened after its enactment. Sec. 505. None of the funds made available to the General Services Administration pursuant to section 210(f) of the Federal Property and Administrative Services Act of 1949 shall be obligated or expended after the date of enactment of this Act for the procurement by contract of any guard, elevator operator, messenger or custodial services if any permanent veterans preference employee of the General Services Administration at said date, would be terminated as a result of the procurement of such services, except that such funds may be obligated or expended for the procurement by contract of the covered services with sheltered workshops employing the severely handicapped under Public Law 92–28. Only if such workshops decline to contract for the provision of the covered services may the General Services Administration procure the services by competitive contract, for a period not to exceed 5 years. At such time as such competitive contract expires or is terminated for any reason, the General Services Administration shall again offer to contract for the services from a sheltered workshop prior to offering such services for competitive procurement. Sec. 506. None of the funds made available by this Act shall be available for any activity or for paying the salary of any Government employee where funding an activity or paying a salary to a Government employee would result in a decision, determination, rule, regulation, or policy that would prohibit the enforcement of section 307 of the Tariff Act of 1930. Sec. 507. None of the funds made available by this Act shall be available for the purpose of transferring control over the Federal Law Enforcement Training Center located at Glynco, Georgia, Tucson, Arizona, and Artesia, New Mexico, out of the Treasury Department. Sec. 508. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes within the United States not heretofore authorized by the Congress. Sec. 509. No part of any appropriation contained in this Act shall be available for the payment of the salary of any officer or employee of the United States Postal Service, who— (1) prohibits or prevents, or attempts or threatens to prohibit or prevent, any officer or employee of the United States Postal Service from having any direct oral or written communication or contact with any Member or committee of Congress in connection with any matter pertaining to the employment of such officer or employee or pertaining to the United States Postal Service in any way, irrespective of whether such communication or contact is at the initiative of such officer or employee or in response to the request or inquiry of such Member or committee; or 108 STAT. 2410 (2) removes, suspends from duty without pay, demotes, reduces in rank, seniority, status, pay, or performance of efficiency rating, denies promotion to, relocates, reassigns, transfers, disciplines, or discriminates in regard to any employment right, entitlement, or benefit, or any term or condition of employment of, any officer or employee of the United States Postal Service, or attempts or threatens to commit any of the foregoing actions with respect to such officer or employee, by reason of any communication or contact of such officer or employee with any Member or committee of Congress as described in paragraph (1) of this subsection. Sec. 510. Funds under this Act shall be available as authorized by sections 4501–4506 of title 5, United States Code, when the achievement involved is certified, or when an award for such achievement is otherwise payable, in accordance with such sections. Such funds may not be used for any purpose with respect to which the preceding sentence relates beyond fiscal year 1995. Sec. 511. None of the funds appropriated or otherwise made available to the Department of the Treasury by this or any other Act shall be obligated or expended to contract out positions in, or downgrade the position classifications of, members of the United States Mint Police Force and the Bureau of Engraving and Printing Police Force, or for studying the feasibility of contracting out such positions. Sec. 512. The Office of Personnel Management may, during the fiscal year ending September 30, 1995, accept donations of supplies, services, land and equipment for the Federal Executive Institute, the Federal Quality Institute, and Management Development Centers to assist in enhancing the quality of Federal management. Sec. 513. No part of any appropriation contained in this Act shall be available for the procurement of, or for the payment of, the salary of any person engaged in the procurement of stainless steel flatware not produced in the United States or its possessions, except to the extent that the Administrator of General Services or his designee shall determine that a satisfactory quality and sufficient quantity of stainless steel flatware produced in the United States or its possessions, cannot be procured as and when needed from sources in the United States or its possessions or except in accordance with procedures provided by section 6–104.4(b) of Armed Services Procurement Regulations, dated January 1, 1969. This section shall be applicable to all solicitations for bids issued after its enactment. Sec. 514. The United States Secret Service may, during the fiscal year ending September 30, 1995, accept donations of money to off-set costs incurred while protecting former Presidents and spouses of former Presidents when the former President or spouse travels for the purpose of making an appearance or speech for a payment of money or any thing of value. Sec. 515. None of the funds made available by this Act for “Allowances and Office Staff for Former Presidents” may be used for partisan political activities. Sec. 516. None of the funds made available by this Act may be used to withdraw the designation of the Virginia Laland Port at Front Royal, Virginia, as a United States Customs Service port of entry. 108 STAT. 2411 Sec. 517. Such sums as may be necessary for fiscal year 1995 pay raises for programs funded by this Act shall be absorbed within the levels appropriated by this Act. Sec. 518. None of the funds made available to the Postal Service by this Act shall be used to transfer mail processing capabilities from the Las Cruces, New Mexico postal facility, and that every effort will be made by the Postal Service to recognize the rapid rate of population growth in Las Cruces and to automate the Las Cruces, New Mexico postal facility in order that mail processing can be expedited and handled in Las Cruces. Sec. 519. None of the funds in this Act may be used to reduce the rank or rate of pay of a career appointee in the SES upon reassignment or transfer. Sec. 520. No part of any appropriation contained in this Act shall be available to pay the salary for any person filling a position, other than a temporary position, formerly held by an employee who has left to enter the Armed Forces of the United States and has satisfactorily completed his period of active military or naval service and has within ninety days after his release from such service or from hospitalization continuing after discharge for a period of not more than one year made application for restoration to his former position and has been certified by the Office of Personnel Management as still qualified to perform the duties of his former position and has not been restored thereto. Sec. 521. (a) None of the funds appropriated by this Act may, with respect to an individual employed by the Bureau of the Public Debt in the Washington Metropolitan Region on April 10, 1991, be used to separate, reduce the grade or pay of, or carry out any other adverse personnel action against such individual for declining to accept a directed reassignment to a position outside such region, pursuant to a transfer of any such Bureau’s operations or functions to Parkersburg, West Virginia. (b) Subsection (a) shall not apply with respect to any individual who, on or after the date of enactment of this Act, declines an offer of another position in the Department of the Treasury which is of at least equal pay and which is within the Washington Metropolitan Region. Sec. 522. None of the funds made available in this Act may be used to provide any non-public information such as mailing or telephone lists to any person or any organization outside of the Federal Government without the approval of the House and Senate Committees on Appropriations. Sec. 523. Compliance With Buy American Act.—No funds appropriated pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the “Buy American Act”). Sec. 524. Sense of Congress; Requirement Regarding Notice.—(a) Purchase of American-Made Equipment and Products.—In the case of any equipment or products that may be authorized to be purchased with financial assistance provided under this Act, it is the sense of the Congress that entitiea receiving such assistance should, in expending the assistance, purchase only American-made equipment and products. (b) Notice to Recipients of Assistance.—In providing financial assistance under this Act, the Secretary of the Treasury shall108 STAT. 2412 provide to each recipient of the assistance a notice describing the statement made in subsection (a) by the Congress. Sec. 525. Prohibition of Contracts.—If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a “Made in America” inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, such person shall be ineligible to receive contract or subcontract made with funds provided pursuant to this Act, pursuant to the debarment, suspension, and ineligibility procedures described in section 9.400 through 9.409 of title 48, Code of Federal Regulations. Sec. 526. No funds appropriated by this Act may be used to relocate any Federal agency, bureau, office or other entity funded in this Act if the sole reason for the relocation is that locality pay was increased. Sec. 527. Except as otherwise specifically provided by law, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 1995 from appropriations made available for salaries and expenses for fiscal year 1995 in this Act, shall remain available through September 30, 1996 for each such account for the purposes authorized: Provided, That a request shall be submitted to the House and Senate Committees on Appropriations for approval prior to the expenditure of such funds. Sec. 528. Where appropriations in this Act are expendable for travel expenses of employees and no specific limitation has been placed thereon, the expenditures for such travel expenses may not exceed the amount set forth therefor in the budget estimates submitted for appropriations without the advance approval of the House and Senate Committees on Appropriations: Provided, That this section shall not apply to travel performed by uncompensated officials of local boards and appeal boards in the Selective Service System; to travel performed directly in connection with care and treatment of medical beneficiaries of the Department of Veterans Affairs; to travel of the Office of Personnel Management in carrying out its observation responsibilities of the Voting Rights Act; or to payments to interagency motor pools separately set forth in the budget schedules. Sec. 529. Law Enforcement Exclusion From Workforce Restructuring.—(a) For the fiscal year beginning on October 1, 1994, no reductions pursuant to section 5(b) of the Federal Workforce Restructuring Act of 1994 (Public Law 10 226) may be made in the number of full-time equivalent employees classified as law enforcement and law enforcement support personnel in the Department of the Treasury. (b) During the period specified in subsection (a), no law, regulation, Executive order, guidance, or other directive imposing a restriction on hiring by executive agencies for the purpose of achieving workforce reductions shall apply to employees classified as law enforcement and law enforcement support personnel in the Department of the Treasury. (c) Section 5(f) paragraph (3) of the Federal Workforce Restructuring Act shall not apply with respect to any instances of voluntary separation incentive payments made to Treasury law enforcement personnel. Sec. 530. (a) Section 3056 paragraph (a), subparagraph (3) of title 18, United States Code, is amended by adding to subparagraph108 STAT. 2413 (3) following the word “remarriage”, “unless the former President did not serve as President prior to January 1, 1997, in which case, former Presidents and their spouses for a period of not more than ten years from the date a former President leaves office, except that— “(1) protection of a spouse shall terminate in the event of remarriage or the divorce from, or death of a former President; and “(2) should the death of a President occur while in office or within one year after leaving office, the spouse shall receive protection for one year from the time of such death: Provided, That the Secretary of the Treasury shall have the authority to direct the Secret Service to provide temporary protection for any of these individuals at any time if the Secretary of the Treasury or designee determines that information or conditions warrant such protection”. (b) Section 3056, paragraph (a) subparagraph (4) of title 18, United States Code, is amended by inserting to the text of paragraph (4), following the word “age” the following, “for a period not to exceed ten years or upon the child becoming 16 years of age, whichever comes first”. Sec. 531. The Act entitled “An Act to provide retirement, clerical assistants, and free mailing privileges to former Presidents of the United States, and for other purposes”, approved August 25, 1958 (Public Law 85–745; 72 Stat. 838; 3 United States Code 102 note), is amended by adding at the end thereof the following new subsection: “(g) There are authorized to be appropriated to the Administrator of General Services up to $1,000,000 for each former President and up to $500,000 for the spouse of each former President each fiscal year for security and travel related expenses: Provided, That under the provisions set forth in section 3056, paragraph (a), subparagraph (3) of title 18, United States Code, the former President and/or spouse was not receiving protection for a lifetime provided by the United States Secret Service under section 3056 paragraph (a) subparagraph (3) of title 18, United States Code; the protection provided by the United States Secret Service expired at its designated time; or the protection provided by the United States Secret Service was declined prior to authorized expiration in lieu of these funds.”. Sec. 532. Section 1 under the subheading “General Provision” under the heading “Office of Personnel Management” under title IV of the Treasury, Postal Service and General Government Appropriations Act, 1992 (Public Law 102–141; 105 Stat. 861; 5 U.S.C. 6941note), is amended— (1) by striking “1996” both places it appears and inserting in lieu thereof “1996”; and (2) by striking “adjustments” and the remainder of the sentence and inserting in lieu thereof “appropriate changes in the method of fixing compensation for affected employees, including any necessary legislative changes. Such study shall include— “(1) an examination of the pay practices of other employers in the affected areas; “(2) a consideration of alternative approaches to dealing with the unusual and unique circumstances of the affected areas, including modifications to the current methodology for108 STAT. 2414 calculating allowances to take into account all cost of living in the geographic areas of the affected employee; and “(3) an evaluation of the likely impact of the different approaches on the Government’s ability to recruit and retain a well-qualified workforce. For the purpose of conducting such study and preparing such report, the Office may accept and utilize (without regard to any restriction on unanticipated travel expenses imposed in an Appropriations Act) funds made available to the Office pursuant to court approval.”. Sec. 533. (a) Facilities or buildings located at Safford, Graham County, Arizona and constructed with Federal funds made available to the General Services Administration for the United States Forest Service Administrative Offices and Cultural Center, shall be designated in honor of “Ora Webster DeConcini”. Any reference to such facilities or buildings in a law, map, regulation, document, record, or other paper of the United States shall be a reference to the “Ora Webster DeConcini building(s) or facilities”. (b) The Federal Building and United States Courthouse to be located in Tucson, Arizona is hereby designated as the “Evo A. DeConcini Federal Building and United States Courthouse”. Any reference to such building in a law, map, regulation, document, record, or other paper of the United States shall be a reference to the “Evo A DeConcini Federal Building and United States Courthouse”. Sec. 534. Notwithstanding any other provision of law, the Administrator of General Services is authorized to execute a lease, of no less than twenty years, with the city of Tucson, Arizona, or a subdivision thereof, for space to house the United States Department of Agriculture’s Forest Service and other Federal tenants in an office complex to be developed by the city of Tucson on a site or sites owned by the city of Tucson and located near the intersection of Interstate Highway 10 and Congress Street in the city of Tucson, county of Pima, State of Arizona. The Administrator shall negotiate an operating lease that he deems to be in the best interests of the United States and necessary for the accommodation of Federal agencies. Sec. 535. Notwithstanding any other provision of law or regulation: (1) The authority of the special police officers of the Bureau of Engraving and Printing, in the Washington, DC Metropolitan area, extends to buildings and land under the custody and control of the Bureau; to buildings and land acquired by or for the Bureau through lease, unless otherwise provided by the acquisition agency; to the streets, sidewalks and open areas immediately adjacent to the Bureau along Wallenberg Place (15th Street) and 14th Street between Independence and Maine Avenues and C and D Streets between 12th and 14th Streets; to areas which include surrounding parking facilities used by Bureau employees, including the lots at 12th and C Streets, SW., Maine Avenue and Water Streets, SW., Maiden Lane, the Tidal Basin and East Potomac Park; to the protection in transit of United States securities, plates and dies used in the production of United States securities, or other products or implements of the Bureau of Engraving and Printing which the Director of that agency so designates; (2) The exercise of police authority by Bureau officers, with the exception of the exercise of authority upon property under the custody and control of the Bureau, shall be deemed supplementary to the Federal police force with primary jurisdictional responsibility. This authority shall108 STAT. 2415 be in addition to any other law enforcement authority which has been provided to these officers under other provisions of law or regulations. Sec. 536. Of the unobligated balance of funds made available until expended to the United States Mint in Public Law 103–123 and in prior Appropriations Acts, not to exceed $2,066,000 shall also be available in the fiscal year ending September 30, 1994 for all purposes for which funds are appropriated under the heading “United States Mint, Salaries and expenses”. Sec. 537. Of the funds appropriated to the Office of Policy Development in title III of this Act, not to exceed $800,000 may be transferred to the “Council on Environmental Quality and Office of Environmental Quality”. Sec. 538. Notwithstanding any other provision of this Act, the Internal Revenue Service is authorized to replace no more than 850 vehicles for the criminal investigation division in fiscal year 1995. Sec. 539. The activity referenced in section 5 of GSA’s General Provisions in Public Law 103–123 (107 Stat. 1246) “Major equipment acquisitions and development activity” of the Salaries and expenses, General Management and Administration appropriation account for transfer of prior year unobligated balances of operating expenses and salaries and expenses appropriation accounts may be separately accounted for under the new Working Capital Fund enacted in this Act. Sec. 540. Notwithstanding any other provision of law, the review being conducted by the Secretary of the Treasury regarding the September 12, 1994, air incursion into the White House complex shall be exempt from the Federal Advisory Committee Act, Public Law 92–463 (codified at title 5, United States Code, appendix 2) as amended. Sec. 541. Section 1(a)(1) of Public Law 101–509 is amended by deleting subsection (a)(1) and inserting in lieu thereof the following: “(a)(1) The Director of the Center for Legislative Archives within the National Archives and Records Administration shall be established without regard to chapter 51 of title 5 and shall be paid at a rate determined without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5 governing General Schedule classification and pay rates: Provided, That such pay shall be no less than 120 percent of the rate of pay for GS-15, step 1 of the General Schedule nor more than the rate of pay in effect for level one of the Senior Executive Schedule.”.
Pub. L. 103-329, tit. V, under "This Act": This Act | Justis AI