PROVISIONS IN BUDGET RECONCILIATION ACT AND CONTINUING RESOLUTION AFFECTING AGENCY ADMINISTRATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP91B00390R000300180015-2
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 14
• Document Creation Date: December 27, 2016
• Document Release Date: January 17, 2013
• Sequence Number: 15
• Publication Date: January 4, 1988
• Content Type: MEMO

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clearances, and similar actions
FROM: (Name, org. symbol, Agency/Post)
Room No.?Bldg.
Phone No.
447 OPTIONAL FORM 41 (Rev. 7=76)
Prescribed by GSA
FPMR (41 CFR) 101-11.2011
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NOTE TO:
FROM:
SUBJECT:
DDA
OCA
Provisions in Budget Reconciliation Act and
Continuing Resolution Affecting Agency
Administration
Workin Paper
4 January 1988
1. Listed below are several provisions contained in
either the Budget Reconciliation Act (HR 3545) or the
Continuing Resolution (HJ Res. 395) which impact on the
operations of the directorate. Most of these changes you know
about, but several you do not. I am sending a copy of this note
to the affected DA offices with excerpts from the two acts.
BUDGET RECONCILIATION ACT (HR 3545)
2. Section 6001 changes lump-sum annuities. Those
employees retiring after 3 January who elect to take a lump-sum
can receive only 60% the first year. The remaining 40% is
payable the second year.
3. Section 9007 closes the Public Pension Offset
loophole for those who join FERs after 31 December 1988.
CONTINUING RESOLUTION (HJ RES 395)
4. Title III, section 304 of the State Department
Appropriations Act prohibits Soviet occupancy of Mount Alto
until the new office building (NOB) in Moscow is ready for U.S.
occupancy. No new funds may be obligated for the NOB except for
enginnering and technical studies. In order to make this
change, section 305 waives section 151 of the State
Authorization Act (HR 1777).
5. Section 601 of The Treasury Authorization Act
limits the amount government agencies may pay for the purchase
of passenger cars.
CONFIDENTIAL
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CONFIDENTIAL
6. Section, 603 of the Treasury Authorization Act
provides that no funds may be used to compensate any employee
of the U.S. government whose post is in the continental U.S.
unless the person is a U.S. citizen or has filed for
citizenship. (There are other additional exceptions).
7. Section 615 of the Treasury Authorization Act
limits the amount of money which may be spent on the renovation
of an employee's office to $5,000 before Congress must be
notified.
8. Section 616 of the Treasury Authorization Act
permits agencies to provide space for child care services.
9. Section 617 of the Treasury Authorization Act
permits funds to be used to pay for travel to the U.S. by
immediate family members of employees serving overseas in cases
of death or life thretening illness of the employee.
10. Section 618 of the Treasury Authorization Act
prohibits expenditure of funds for certain activities related
to the Combined Federal Campaign.
11. Section 621 of the Treasury Authorization Act
provides that agencies detailing employees to other agencies
submit a report to Congress. This is the section for which we
sought an exemption for CIA and the Intelligence Community. The
exemption survived.
12. Section 623 of the Treasury Authorization Act
requires that back pay awarded for unjustified personnel
actions be paid with interest under certain conditions.
13. Section 624 of the Treasury Authorization Act
exempts the Thrift Savings Plan from nondiscrimination rules
applied to private pension plans.
14. Section 625 of the Treasury Authorization Act
continues and extends OPM's demonstration projects permitting
employees to transfer leave to employees who need leave for
emergency situations.
15. Section 628 of the Treasury Authorization Act
provides for reimbursement of employees transfered overseas for
the sale of residency and for certain travel expenses.
CONFIDENTIAL
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16. Section 630 of the Treasury Authorization Act
prohibits agencies from using funds to implement or enforce the
nondisclosure agreements under certain conditions. In addtion,
this provision requires removal of the word "classifiable" from
these agreements.
17. Nowhere in either Act is contained the provisions
affecting Cafeteria benefit plans.
18. I understand heard, but have not yet found, that
there is a provision supposedly contained in the Continuing
Resolution which requires all executive agencies to purchase
and use the FTS 2000 telephone system.
19. There are probably other sections which will
impact on the DA which have yet to be discovered, but the ones
discussed here should be the major ones. I will advise you and
the appropriate office directors of any new dicoveries.
Att.: Portions of HR 3545 and HJ Res. 395
cc: D/OP w/ att.
D/OF w/ att.
D/OS w/ att.A7
D/OL w/ att.
D/OC no att.
DiOMS no att.
D/OTE no att.
D/OIT no att.
.C/M&S/DDA no att.
CONFIDENTIAL
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A linuing basis, toll receipts and all other re-
ceipts of ate Contintssion. Except as provid-
ed in section 1203 and subject to paragraph
(2), no funds may be obligated or expended
by the Commission in any fiscal year unless
such obligation or expenditure has been spe-
cifically authorized by law.
"12) No binds may be obligated or expend-
ed by the Commission in any fiscal year for
administrative expenses except to the extent
OT in SUCk amounts as are provided in ap-
propriations Acts.
"(3) No funds may be authorized for the
use of the Commission, or obligated or ex-
pended by the Commission in any fiscal
year in excess of?
"(A) the amount of revenues deposited in
the Panama Canal Revolving Fund during
such fiscal year, plus
"(B) the amount of revenues deposited in
the Panama Canal Revolving Fund before
such fiscal year and remaining unexpended
at the beginning of such fiscal year.
Not later than 30 days after the end of each
fiscal year, the Secretary of the Treasury
shall report to the Congress the amount Of
revenues deposited in the Panama Canal
Revolving Fund during such fiscal year.
"Id) With Die approval of the Secretary of
the Treasury, The Commission may deposit
amounts in the Panama Canal Revolving
Fund in any Federal Reserve bank any de-
pository for public funds, or in such other
places and in such manner as the Commis-
sion and the Secretary may agree
"le) The Committee on Appropriations of
each House of Congress shall review the
annual budget of the Commission, including
operations and capital expenditures":
(b) CONFORMING AMENDMENTS.-11.1 The sec-
tion heading for section 1302 is amended to
read as follows:
'PANAMA CANAL REVOLVING FUND'.
(2) The item relating to section 1302 in The
table of contents cif the Panama Canal Act
01 1979 is amended to read as follows:
"1302. Panama Canal Revolving Fund.".
SEC 5422. EMERGENCY AUTHoRITY.
(a) Geerer or AUTHORITY.?Section 1303 (22
U.S.C. 3713) is amended to read as follows:
"Sec. 1301 If authorizing legislation de-
scribed in section 1302(c)(1) has not been
enacted for a fiscal year, then the Commis-
sion may withdraw funds from the Panama
Canal Revolving Fund in order to defray
emergency expenses and to ensure the con-
tinuous, efficient, and safe operation of the
Panama Canal, including expenses for cap-
Ma projects. The authority of this section
may not be used for administrative ex-
penses. The authority of this section may be
exercised only until authorizing legislation
described in section 1302(c)( 1) is enacted, or
for a period of 24 months after the end of the
fiscal year for which such authorizing legis-
lation was last enacted, whichever occurs
first. Within 60 days after the end of any
calendar quarter in which expenditures are
made under this section, the Commission
shall report such expenditures to the appro-
priate committees of the Congress.".
(b) CONFORMING AMENDMENTS.?(1) The sec-
tion heading for section 1303 is amended by
striking out "FUND" and inserting in lieu
thereof "A rerimerry".
(2) The item relating to section 1303 in the
table of contents of the Panama Canal Act
of 1979 is amended by striking out 'fund"
and inserting in lieu thereof "authority".
SEC. 5124 BORROWING A LTHORITE
(a) GRANT OF A urnorary.?Subchapter I of
chapter 3 of title I (22 U.S.C. 3711 and fol-
lowing) is amended by adding at the end
thereof the following new section:
"BORROWING AUTHORITY
"SEC. 1304. la) The Panama Canal Com-
mission may borrow from the Treasury, for
any of the purposes of the Commission, not
more than 3100,000,000 outstanding at any
time. For this purpose. the Commission may
issue to the Secretary of the Treasury its
notes or other obligations?
"(1) which shall have maturities (of not
later than December 31, 1999) agreed upon
by the Commission and the Secretary of the
Treasury, and
"(2) which may be redeemable at the
option of the Commission before maturity.
"fb) Amounts borrowed under this section
shall not be available for payments to
Panama -under Article XIII of the Panama
Canal Treaty of 1977. .
"(el Amounts borrowed under this section
shall increase the investment of the United
States in the Panama Canal, and repayment
of such amounts shall decrease such invest-
ment
"(d) The Commission shall report to the
Congress and to the Office of Management
and Budget on each exercise of borrowing
authority under this section.".
Ib) CONFORMING AMENDMENT.?The table of
contents of the Panama Canal Act of 1979 is
amended by inserting after the item relating
to section 1303 the following:
"1304. Borrowing authority.".
SEC WS CALCULATION OF INTEREST.
la/ CALCULATION OF INTTI2EST.?Section
1603 122 U.S.C. .37931 is amended-
111 in subsection Ib11111,4), by striking out
"appropriations to the Commission made
on or after the effective date of this Act" and
inserting in lieu thereof "the Panama Canal
Revolving Fund,";
(2) in subsection (b)(2)(11 ), by striking out
"covered into the Panama Canal Commis-
sion Fund pursuant to section 1302 of this
Act" and inserting in lieu thereof "deposited
in the Panama Canal Revolving Fund"; and
13) by adding at the end thereof the follow-
ing new subsection:
"(d) The Panama Canal Commission shall
pay to the Treasury of the United States in-
terest on the investment of the United
States, as determined under this section.
Such interest shall be deposited in the gener-
a/fund of the Treasury.".
SEC. 5426. PAYMENTS TO THE REPUBLIC OF PANAMA.
The second sentence of section 1341(e) (22
U.S.C. 3751(e)) is amended?
ID by striking out "and" before "(6)"; and
(2) by inserting before the period ", and (7)
amounts programmed to meet working cap-
ital requirements': ?
SEC 5427. BASES OF TOLLS
Section 1602(b) (22 U.S.0 3792(b)) is
amended by inserting "working capital,"
after "depreciation,".
SEC. 508. TECHNICAL AND CONFORMING AMEND-
MENTS.
(a) APPLIANCES FOR EMPLOYEES INJURED
BEFORE SEPTEMBER 7, 1916.?Section 1246 (22
U.S.C. 3683) is amended by striking out "aP-
propriated" and inserting in lieu thereof
"available":
(b) DISASTER RELIEF.?Section 1343 (22
U.S.C. 3753) is amended by striking out
"available funds appropriated" and insert-
ing in lieu thereof 'funds available':
(C) CONGRESSIONAL RESTRAINTS ON PROPER-
TY TRANSFERS AND TAX EXPENDITURES.?Sec-
lion 1344(b)(4) (22 U.S.C. 3754(b)(4)) is
amended?
(1) by striking out "appropriated to or"
and inserting in lieu thereof "available";
and
(2) by striking out "Panama Canal Com-
mission Fund" and inserting in lieu thereof
"Panama Canal Revolving Fund".
(d) CIVIL SERVICE RETIREMENT AND DISABIL-
Try FUND.?Section 8348(.0(2) of title 5,
United States Code, is amended by striking
out "The Secretary of the Treasury shall pay
to the
sertin
Com
funds
le)
tion
Fon appropriations" and tn.
thereof "The Panama Canal
shall pay to the Fund from
to W.
E GOVERNMENT FE/NOS.?Sec-
U.S.C. 37111 is amended?
(1) be amencting the second sentence to
read is follows: -The Commission may, to
the extent of funds available to it. pay
elainu or make payments chargeable to such
accounts, upon proper audit of such claims
or payments."; and
(2) by striking out the third sentence.
SEC. 7411 EFFECTIVE DA YE.
This part and the amendments made by
this part take effect on January 1, 1988.
SUB77TLE F?ABANDONED MINE FUNDS IN
Wyorerroo
SEC. e'ea. ALLOCATION OF ABANDONED MINE REC-
LAMATION FUNDS IN WYOMING.
Notwithstanding any other provision of
law, the State of Wyoming may, subject to a
plan approved by the Governor, expend not
more than 82.000,000 front its allocation of
fiscal year 1987 appropriated funds under
section 402(g) of Public Law 95-87 for direct
assistance to citizens evacuated from their
homes in the Rawhide and Horizon Subdivi-
sions in Campbell County, Wyoming, due to
hazards from methane and hydrogen sulfide
gases.
SUBTITLE G?NUCLEAR REGULATORY COMMIS-
SION USER FEES
SEC. 5691. LSER FEES
Section 7601(b)(1)(A) of the Consolidated
Omnibus Budget Reconciliation Act of 1985
(P.L. 99-272; 100 Stat. 147) is amended by
inserting "; except that for fiscal years 1988
and 1989, such percentage shall be increased
an additional 6 percent of such costs plus all
other assessments made by the Nuclear Reg-
ulatory Commission pursuant to House
Joint Resolution 395, 100th Congress, lit
Session, as enacted,' but in no event shall
such percentage be less than a total of 45
percent of such costs in each such fiscal
year" after "with respect- to such fiscal
year':
TITLE VI?CIVIL SERVICE AND POSTAL
SERVICE PROGRAMS
EC 6001. PARTIAL DEFERRED PAYMENT OF LUMP.
SUM CREDIT FOR CERT.A1N
UALS ELECTING ALTERNATIVE FORMS
OF ANNUITIES.
(a) IN GENERAL?Notwithstanding any
other provision of law, and except as provid-
ed in subsection lc), any lump-sum credit
payable to an employee or Member pursuant
to the election of an alternative form of an-
nuity by such employee or Member under
section 8343a or section 8420a of title 5,
United States Code, shall be paid in accord-
ance with the schedule under subsection lb)
(instead of the schedule which would other-
wise apply), if the commencement date of
the annuity payable to such employee or
Member occurs after January 3, 1988, and
before October I, 1989.
(b) SCHEDULE OF PAYMENTS.?The schedule
of payment of any lump-sum credit subject
to this section is as follows:
(1) 60 percent of the lump-sum credit shall
be payable on the date on which, but for the
enactment of this section, the full amount of
the lump-sum credit would otherwise be pay-
able.
(2) The remainder of the lump-sum credit
shall be payable on the date which occurs 12
months after the date described in para-
graph 11).
An amount payable in accordance with
paragraph (2) shall be payable with interest,
computed using the rate under section
8334(e)(3) of title 5, United States Code.
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- ? (c) EXCEPT1ONS.-The Office of Personnel
Management Mall prescribe regulations
under which this section shall not apply-
TI) in the ease of any individual who is
separated front Government service invol-
untarily, other than for pause on -charges of
misconduct or delinquency; and
(2) in the case of any individual as to
whom the application of -this section would
be against equity and good conscience, due
to a life-threatening affliction or other criti-
cal -medical condition affecting sudh indi-
vidual.
(d) ANNUITY BENEFIT'S NOT AFFECTED.-
Nothing in this section shall affect the com-
mencement date, the amount, or any other
aspect of any annuity benefits payable
under section 8343a or section 8420a of title
5, United States Code.
le) DEeirerrioes.-For purposes of this sec-
tion. the terms '2ump-sum credit", "employ-
ee", and "Member" each has the meaning
given such term by section 8331 or section
8401 of title 5, United States Code, as appro-
priate. such fiscal year; and
(3) be paid into such Fund in each such
SEC. 6002. CONTRIBUTIONS BY THE UNITED STATES
POSTAL SERVICE TO THE CIVIL SERV- fiS cal year, without-
ICE RETIREMENT AND DISABILITY (A) increasing borrowing under section
partial payment to the Employees _Health
Benefits Fund established under section
8909 of title 5, United States Code, for bene-
fits of certain annuitants -and survivor an-
nuitants (no portion of the cost of which
was paid by the Postal Service before the
date of enactment of this section) the Postal
Service shall pay into the Employee Health
Benefits Fund ?160,000,000 in fiscal year
1988, and $270,000,000 in fiscal year 1989 in
addition to any amount deposited into such
Fund pursuant to section 8906 of such title 5
in each such fiscal year.
(b) PAYMENT LIMITATIONS IN FISCAL YEARS
1988 AND 1989.-The partial payment re-
quired by subsection (a) of this section
shall-
( 1) be from all funds available to the
United States Postal Service in each such
fiscal year;
(2) be from funds representing savings to
the United States Postal Service resulting
from savings from the operating budget of
the United States Postal Service in each
FUND.
(a) ESTABLISHMENT OF POSTAL SERVICE
ESCROW FUND-There is established as a sep-
arate account in the United States Treasury,
the "Postal Service Escrow Fund." Such
Fund shall-
( 1) have such amounts described under
subsection (b)(2) deposited no later than Oc-
tober 31, 1988;
(2) not be available for expenditures of
any amounts therein during the existence -of
such Fund; and
(3) cease to exist on October 1, 1989, and
on such date all amounts deposited in such
Fund under subsection (b)(2) shall be depos-
ited in the Postal Service Fund established
under section 2003 of title 39, United States
Code.
(b) DEPOSIT OF CERTAIN SAVINGS IN CERTAIN
FUNDS.-
ID FISCAL YEAR 1988.-From all funds avail-
able to the United States Postal Service in
fiscal year 1988, the Postal Service shall de-
posit into the Civil Service Retirement and
Disability Fund established under -section
8348 of title 5, United States Code, an
amount of $350,000,000 in fiscal year 1988,
in addition to any amount deposited pursu-
ant to subsection (h) of such section.
(2) FISCAL YEAR 1989.-From all funds avail-
able to the United States Postal Service in
fiscal year 1989, the Postal Service shall de-
posit into the Postal Service Escrow Fund
an amount of $465,000,000 no later than Oc-
tober 31, 1988.
(C) CAPITAL LIMITATIONS FOR FISCAL YEARS
1988 AND 1989,-
(1) The United States Postal Service may
not make any commitment or obligation to
expend any monies deposited in the Postal
Service Fund established under section 2003
of title 39. United States Code, for the cap-
ital investment program-
(A)in excess of $625,000,000 in fiscal year
1988: and
(B) in excess of $1,995,000,000 in fiscal
year 1989.
(2) CAPITAL INVESTMENT PROGRAMS.-For the
purposes of paragraph 11) the term "capital
investment program" shall include all in-
vestments in long-term assets and capital
investment expenditures (including direct
and indirect costs associated with such in-
vestments and expenditures, such as obliga-
tions through contracts).
swe. 6053. CONTRIBUTIONS BY THE UNITED STATES
POSTAL SERVICE TO THE EMPLOYEES
HEALTH BENEFITS FIND.
(a) CoNTRIBuTioNS FOR CERTAIN ANNUITANTS
OF THE UNITED STATES POSTAL SERVICE.-A8
2005 of title 19, United States Code;
(B) using any budgetary resources other
Chan budgetary resources derived from the
operating budget of the United States Postal
Service; or
IC) increasing postal rates under chapter
36 of title 39, United States Code,
for the purposes of financing such payment.
(C) IMPLEMENTATION PLANS, PROGRESS RE-
PORTS, AND COMPLIANCE FOR FISCAL YEARS
1988 AND 1989.-
(1) IMPLEMENTATION.-No later than March
1, 1988 for fiscal -year 1988, and October 1,
1988 for fiscal year 1989, the -United States
Postal Service shall-
(A) formulate an implementation plan
specifically-enumerating the methods by
which the stal Service shall make the pay-
ments sequired under subsection (b) and ful-
fill the conditions required under para-
graphs (1), (2), and (3) of such subsection,'
and
(B) submit such plan to the Committee on
Governmental Affairs of the Senate and the
Committee on Post Office and Civil Service
of the House of Representatives.
12) INTERIM REPORT.-No later than July 15,
1988 for fiscal year 1988, and March 1, 1989
for fiscal year 1989, the United States Postal
Service shall submit an interim report -to the
Committee on Governmental Affairs of the
Senate and the Committee on Post Office
and Civil Service of the House of Represent-
atives on the status of meeting the guide-
lines and goals of the plans submitted under
paragraph (1)(B), and any adjustments nec-
essary to meet the requirements under the
provisions of subsection (b) of this section
for each such fiscal year.
(3) PRELIMINARY AUDIT AND REPORT BY THE
GENERAL ACCOUNTING OFF1cE.-No later than
September 1, 1988 for fiscal year 1988. and
September 1, 1989 for fiscal year 1989, the
General Accounting Office shall-
(A) conduct an audit of the plans and ad-
justments to the plans submitted by the
United States Postal Service under para-
graphs (1) and (2) of this subsection and de-
termine the extent Of compliance of the
Postal Service with such plans and the re-
quirements of subsection (b) of this section;
and
(B) submit a report of such audit and de-
terminations to the Committee on Govern-
mental Affairs of the Senate and the Com-
mittee on Post Office and Civil Service of
the House of Representatives.
(4) DETERMINATION OF comPLIANCE.-
On October 31, 1988 for fiscal year 1988,
and on October 31, 1989 for fiscal year 1989,
the General Accounting Office shall-
(A) make a final audit and determination
of whether the United States Postal Service
is in compliance with the requirements of
subsection (b) of this section,'
(B) submit a final repont for each such
fiscal year on such compliance to the Com-
mittee on Governmental Affairs of the
Senate and the Committee on Post Office
and Civil Service of the House of Represent-
atives; and
(C) include in each final report submitted
under subparagraph (B), such recommenda-
tions (if applicable) for any actions to en-
force compliance with the provisions of sub-
section (b) of this section.
(5) COMPLIANCE IN liscAL YEARS 1988 AND
1989.-Based on the determination of compli-
ance required by subsection (c)(4) of this
section for fiscal years 1988 and 1989, the
Congress shall (after receiving the recom-
mendation of the General Accounting Office
under paragraph (4)(C)) determine appro-
priate action, if necessary, to enforce com-
pliance with any payment limitation under
subsection (b) of this section.
SEC. 6004. TECHNICAL CLARIFICATION
For purposes of section 202 of the Bal-
anced Budget and Emergency Deficit Reaf-
firmation Act of 1987, the amendments
made by this title shall be considered an ex-
ception under subsection (b) of such section.
TITLE VII-VETERANS' PROGRAMS
SEC. 7001. SALES OF VENDEE LOANS WITH OR WIT!!.
O7 RECOURSE.
Section 1816(d) of title 38, United Stales
Code, is amended-
(1) by redesignating paragraph (3) as sub-
paragraph (C);
(2) by inserting after paragraph (2) -the fol-
lowing:
"(3)(A) Before October 1, 1989, notes evi-
dencing such loans may be sold with or
without recourse as determined by the Ad-
ministrator, with respect to specific pro-
posed sales of such notes, to be in the best
interest of the effective functioning of the
loan guaranty program under this chapter,
taking into consideration the comparative
cost-effectiveness of each type of sale. In
comparing the cost-effectiveness of conduct-
ing a proposed sale of such notes with re-
course or without recourse, the Administra-
tor shall, based on available estimates re-
garding likely market conditions and other
Pertinent factors as of the time of the sale,
determine and consider-
"(i) the average amount by which the sell-
ing price for such notes sold with recourse
would exceed the- selling price for such notes
if sold without recourse; and
"(ii) the total cost of selling such notes
with recourse, including-
"(I) any estimated discount or premium;
"(II) the projected cost, based on Veterans'
Administration experience with the sale of
notes evidencing vendee loans with recourse
and the quality of the loans evidenced by the
notes to be sold, of repurchasing defaulted
notes;
"(III) the total servicing cost with respect
to repurchased notes, including the costs of
taxes and insurance, collecting monthly
payments, servicing delinquent accounts,
and terminating insoluble loans,'
"(IV) the costs of managing and disposing
of properties acquired as the -result of de-
faults on such notes;
"(V) the loss or gain on resale of such
properties; and
"(VI) any other cost determined appropri-
ate by the Administrator.
"(B) Not later than 60 days after making
any sale described in subparagraph (A) of
this paragraph occurring before October 1,
1989, the Administrator shall submit to the
Committees on Veterans' 4ffai,s -of the
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:E AND
December 21, 1987 CONGRESS'
(2) by striking ? other than for purposes of
the taxes imposed by section 3111";
(3) by striking 'remuneration for employ-
ment" and inserting "remuneration for such
employment land deemed to have been paid
by the employer for purposes of subsections
(a) and (b) of section 3111)"; and
(4) by inserting after "at the time re-
ceived" the following: "; except that, in de-
termining the employer's liability in connec-
tion with the taxes imposed by section 3111
with respect to such tips in any case where
no statement including such tips was so fur-
nished (or to the extent that the statement so
furnished was inaccurate or incomplete),
such remuneration shall be deemed for pur-
poses of subtitle F to be paid on the date on
which notice and demand for such taxes is
made to the employer by the Secretant".
(b) CONFORMING AMENDMENTS.-( I/. Subsec-
tions (a) and (b) of section 3111(a) of such
Code (relating to rate of tax on employers)
are each amended by striking "and (t)".
(2) Section 3121(t) of such Code (relating
to special rule) is repealed.
(c) EFFECTIVE DATE.-The amendments
made by this section shall apply with respect
to tips received (and wages paid) on and
after January 1, 1988.
SEC. 9007. APPLICABILITY OF GOVERNMENT PENSION
OFFSET TO CERTAIN FEDERAL EM-
PLOYEES.
(a) WIFE'S INSURANCE BENEFITS.-Para-
graph (4) of section 202(b) of the Social Se-
curity Act is amended-
(1) by redesignating subparagraph (B) as
subparagraph (C); and
(2) by striking subparagraph (A) and in-
serting the following:
"(A) The amount of a wife's insurance
benefit for each month (as determined after
application of the provisions of subsections
(q) and (k)) shall be reduced (but not below
zero) by an amount equal to two-thirds of
: the amount of any monthly periodic benefit
payable to the wife for divorced wife) for
such month which is based upon her earn-
ings while in the service of the Federal Gov-
ernment or any State for political subdivi-
sion thereof, as defined in section 218(b)(2))
if on the last day she was employed by such
entity-
"a) such service did not ? constitute 'em-
ploynienr as defined in section 210, or
"(ii) such service was being performed
while in the service of the Federal Govern-
ment, and constituted 'employment' as so
defined solely by reason of-
"(11 clause (ii) or (iii) of subparagraph (G)
of section 21010(5), where the lump-sum
payment described in such clause ail or the
cessation of coverage described in such
clause (iii) (whichever is applicable) was re-
ceived or occurred on or after January 1,
1988, or
"(II) an election to become subject to
chapter 84 of title 5, United States Code,
made pursuant to law after December 31.
1987,
unless subparagraph (B) applies.
The amount of the reduction in any benefit
under this subparagraph, if not a multiple
of $0.10, shall be rounded to the next higher
multiple of $0.10.
"(B) Subparagraph (A)(ii) shall not apply
with respect to monthly periodic benefits
based in whole or in part on service which
constituted 'employment' as defined in sec-
tion 210 if such service was performed for at
least 60 months in the aggregate during the
period beginning January 1, 1988, and
ending with the close of the first calendar
month as of the end of which the wife (or di-
vorced wife) is eligible for benefits under
this subsection and has made a valid appli-
cation for.such benefits.".
lb) HUSBAND'S INSURANCE BENEFITS.-Para-
graph (2) of section 202(c) of such Act is
amended-
CORD - HOUSE 1112187
(1) by redesignating subvarnaranh (B) as
subparagraph (C); and
al by striking subparagraph (A) and In-
serting the following:
"(.4) The amount of a husband's insurance
benefit for each month (as determined after
application of the provisions of subsections
(q) and (k)) shall be reduced (but not below
zero) by an amount equal to two-thirds of
the amount of any monthly periodic benefit
payable to the husband for divorced hus-
band) for such month which is based upon
his earnings while in the service of the Fed-
eral Government or any State (or political
subdivision thereof, as defined in section
218(b)(2)) if, on the last day he was em-
ployed by such entity-
"(i) such service did not constitute 'em-
ployment' as defined in section 210, or
"(ii) such service was being performed
while in the service of the Federal Govern-
ment, and constituted 'employment' as so
defined solely by reason of-
"( I) clause (ii) or Iiii) of subparagraph (G)
of section 210(a)(5), where the lump-sum
payment described in such clause (ii) or the
cessation of coverage described in such
clause (iii) (whichever is applicable) was re-
ceived or occurred on or after January 1,
1988, or
"(11) an election to become subject to
chapter 84 of title 5, United States Code,
made pursuant to law after December 31,
1987,
unless subparagraph (B) applies.
The amount of the reduction in any benefit
under this subparagraph, if not a multiple
of $0.10, shall be rounded to the next higher
multiple of $0.10.
"(B) Subparagraph (A)ai) shall not apply
with respect to monthly periodic benefits
based in whole or in part on service which
constituted- 'employment' as defined in sec-
tion 210 if such service was performed for at
least 60 months in the aggregate during the
period beginning January 1, 1988, and
ending with the close of the first calendar
month as of the end of which the husband
(or divorced husband) is eligible for benefits
under this subsection and has made a valid
application for such benefits.".
(C) WIDOW'S INSURANCE BENEFITS.-Para-
graph (7) of section 202(e) of such Act is
amended-
(1) by redesignating subparagraph (B) as
subparagraph (C); and
(2) by striking subparagraph (A) and in-
serting the following:
"(A) The amount of a widow's insurance
benefit for each month (as determined after
application of the provisions of subsections
(q) and (k), paragraph (2)(D), and para-
graph (3)) shall be reduced (but not below
zero) by an amount equal to two-thirds of
the amount of any monthly periodic benefit
payable to the widow (or surviving divorced
wife) for such month which is based upon
her earnings while in the service of the Fed-
eral Government or any State (or political
subdivision thereof as defined in section
218(b)(2)) if on the last day she was em-
ployed by such entity-
"(i) such service did not constitute 'em-
ployment' as defined in section 210, or
"ail such service was being performed
while in the service of the Federal Govern-
ment, and constituted 'employment' as so
defined solely by reason of-
"(1) clause (ii) or (iii) of subparagraph (G)
of section 210(a)(5), where the lump-sum
payment described in such clause (ii) or the
cessation of coverage described in such
clause (iii) (whichever is applicable) was re-
ceived or occurred on or after January 1,
1988, or
"(II) an election to become subject to
chapter 84 of title 5, United States Code,
made pursuant to law after December 31.
1987,
unless subparagraph (B) applies.
The amount of the reduction in any benefit
under this subparagraph, if not a multiple
of $0.10, shall be rounder to 'he next hip) er
multiple of $0.10.
"(B) Subparagraph /Alai) shall not apply
with respect to monthly periodic benepts
based in whole or in part on service which
constituted `employment' as defined in sPc-
lion 210 if such service was performed for at
least 60 months in the aggregate during the
period beginning January 1, 1988, and
ending with the close of the first calendar
month as of the end of which the widow (or
surviving divorced wife) is eligible for bene-
fits under this subsection and has made a
valid application for such benefits."
(d) WIDOWER'S INSURANCE BENEFITS.-Para-
graph (2) of section 202(f) of such Act is
amended-
( 1) by redesignating subparagraph (B) as
subparagraph (C): and
(2) by striking subparagraph (A) and in-
serting the following:
"(A) The amount of a widower's insurance
benefit for each month (as determined after
application of the provisions of subsections
(q) and (k), paragraph (3)(D), and para-
graph (4)) shall be reduced (but not below
zero) by an amount equal to two-thirds of
the amount of any monthly periodic benefit
payable to the widower (or surviving di-
vorced husband) for such month which is
based upon his earnings while in the service
of the Federal Government or any State (or
political subdivision thereof, as defined in
section 218(b)(2)) if, on the last day he was
employed by such entity-
"a) such service did not constitute 'em-
ployment' as defined in section 210, or
"(ii) such service was being performed
while in the service of the Federal Govern-
ment, and constituted 'employment' as so
defined solely by reason of-
"(I) clause (ii) or (iii) of subparagraph (G)
of section 210(a)(5), where the lump-sum
payment described in such clause (ii) or the
cessation of coverage described in such
clause (iii) (whichever is applicable) was re-
ceived or occurred on or after January 1,
1988, or
"(II) an election to become subject to
chapter 84 of title 5, United States Code,
made pursuant to law after December 31,
1987,
unless subparagraph (B) applies.
The amount of the reduction in any benefit
under this subparagraph, if not a multiple
of $0.10, shall be rounded to the next higher
multiple of $0.10.
"(B) Subparagraph (A I (ii) shall not apply
with respect to monthly periodic benefits
based in whole or in part on service which
constituted 'employment' as defined in sec-
tion 210 if such service was performed for at
least 60 months in the aggregate during the
period beginning January 1, 1988, and
ending with the close of the first calendar
month as of the end of which the widower
(or surviving divorced husband) is eligible
for benefits under this subsection and has
made a valid application for such benefits.".
(e) MOTHER'S AND FATHER'S INSURANCE BEN-
EFITS.-Paragraph (4) of section 202(g) of
such Act is amended-
(1) by redesignating subparagraph (B) as
subparagraph (C): and
(2) by striking subparagraph (A) and in-
serting the following:
"(A) The amount of a mother's or father's
insurance benefit for each month (as deter-
mined after application of the provisions of
subsection (k)) shall be reduced (but not
below zero) by an amount equal to two-
thirds of the amount of any monthly period-
ic benefit payable to the individual for such
month which is based upon the individual's
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CONGRESSIONAL RECORD ? HOUSE December 21, 1987
earnings while in the service of the Federal
Government or any State lor poLitical subdi-
vision thereof, is defined in section
2/8(b)(2)) if, on the last day the individual
was employed by such entity?
'Iii such service did not constitute tan-
alounient' as defined in section 210, or
"(u) such service was being Performed
while in the service of the Federal Govern-
ment, and constituted employment as so
defined solely by reason of?
"(1) clause (ii) or of subparagraph W.)
of section 210(a.1(5), where the lump-sum
Payment described in such clause (a) or the
cessation of coverage described in such
clause (iii) (whichever is ci.PPlicablel was re'
ceived or occurred on or after January 1.
1988. or
"(11) an _election to become subject to
chapter 84 of title 5, United States Code.
made pursuant to law after December 31,
1987,
unless subparagraph (B) applies.
The amount of the reduction in any benefit
under this subparagraph, if not a multiple
of $0.10, shall be rounded to the next higher
multiple of $0.10.
"(B) Subparagraph (Mai) shall not apply
with respect to monthly periodic benefits
based in whole or in part on service which
constituted 'employment' as defined in sec-
tion 210 if such service was performed for at
least 60 months in the aggregate during the
Period beginning January 1, 1988, and
ending with the close of the first calendar
month as of the end a which the individual
is eligible for benefits under this subsection
and has made a valid application for such
benefits.".
(f) EFFECTIVE DATE?The amendments
made by this section shall apply only with
? respect to benefits for months after Decem-
ber 1987; except that nothing in such amend-
? ments shall affect any exemption (from the
' application of the pension offset provisions
contained in subsection (b)(4), (c)(2),
(f)(2), or (g)(4) of section 202 of the Social
Security Act) which any individual may
have by reason of subsection (g) or (h) of
section 334 of the Social Security Amend-
ments of 1977.
9008. MODIFICATION OF AGREEMENT WITH
IOWA TO PROVIDE COVERAGE FOR
CERTAIN POLWEMEN AND FIREMEN
(a) IN GENERAL.?Notwithstanding subsec-
tion (d)(5)(A) of section 218 of the Social Se-
curity Act and the references thereto in sub-
sections (d)(1) and (d)(31 of such section
218, the agreement with the State of Iowa
heretofore entered into pursuant to such sec-
tion 218 may, at any time prior to January
1, 1989, be modified pursuant to subsection
(c)(4) of such section 218 so as to apply to
services performed in policemen's or fire-
men's positions required to be covered by a
retirement system pursuant to section 410.1
of the Iowa Code as in effect on July 1, 1953,
if the State of Iowa has at any time prior to
the date of the enactment of this Act paid to
the Secretary of the Treasury, with respect to
any of the services performed in such posi-
tions, the sums prescribed pursuant to sub-
section (e)(1) of such section 218 (as in
effect on December 31, 1986, with respect to
payments due with respect to wages paid on
or before such date).
lb) SERVICE To BE COVERED.?Notwith-
standing the provisions of subsection (e) of
section 218 of the Social Security Act (as so
redesignated by section 9002(c)(1) of the
Omnibus Budget Reconciliation Act of
1986)4 any modification in the agreement
with the State of Iowa under subsection (a)
shall be made effective with respect to?
(l) all services performed in any police-
men's or firemen's position to which the
modification relates on or after January I,
1987, and
(y) an services performed in such a posi-
tion before January 1, 1987. with respect to
which the State of [owe has paid to the Sec-
retary of the Treasury the sums prescribed
pursuant to subsection IOW of such section
218 (as in effect on December 31. 1986, with
respect to payments due with respect to
wages paid on or before such date) at the
time or times established pursuant to such
subsection /e)(/), if and to the extent that?
(A) no refund of the sums so paid has been
obtained, or
(/3) a refund of part or all of the sums so
paid has been obtained but the State of Iowa
repays to the Secretary of the Treasury the
amount of such refund within 90 days after
the date on which the modification is agreed
to by the State and the Secretary of Health
and Human Services.
SEC Mt CONTINUA nav OF DISABILITY SENEITTS
DURING APPEAL.
Subsection (go) of section 223 of the Social
Security Act is amended?
Ill in paragraph W(iit), by striking "June
1988" and inserting "June 1989"; and
(2) in paragraph (311B), by striking "Janu-
ary 1, 1988" and inserting ".January 1,
1989".
SEC. 9010. EXTENSION OF DISABILITY RE-ENTITLE-
MENT PERIOD FROM IS MONTHS r0 36
MONTHS. ?
la) Dissinetrr lasuRaNat BENEFITS?Para-
graph (1) of section 223(a) of the Social Se-
curity Act is amended by striking "15
months" and inserting "36 months".
(b) CHILDt INSURANCE BENEFITS BASED ON
DISABILITY.?Clause ft) of section
202(d)(1)(G) of such Act is amended by
striking "1$ months" and inserting "36
months': .
lc) WIDOW'S INSURANCE BENEE77S BASED ON
DISABILITY.?Paragraph (1) of section 202(e)
of such Act is amended, in subclause (II) of
the last sentence, by striking "15 months"
and inserting "36 months".
(d) WIDOWER'S INSURANCE BENEFITS BASED
ON Disseitrre?Paragraph 11) of section
202(f) of such Act is amended, in subclause
(II) of the last sentence, by striking "15
months"and inserting "36 months':
(e) CONFORMING AMENDMENTS.?
(I) TERMINATION OF PERIOD OF DISABILITY.?
Subparagraph (D) of section 216(i)(2) of
such Act is amended by striking "15-month"
and inserting "36-month".
(2) TERMINATION OF BENEFITS DURING RE-EN-
TITLEMENT PERIOD.?Subsection (e) of section
223 of such Act is amended by striking "15-
month" and inserting "36-month".
(3) SPECIAL _RULE FOR DETERMINATION OF
CONTINUED MEDICARE ELIGIBILITY BASED ON
ENTITLEMENT TO DISABILITY BENEFITS.?See-
tion 226(b) of such Act is amended by
adding at the end the following new sen-
tence: '7n determining when an individual's
entitlement or status terminates for pur-
poses of the preceding sentence, the second
sentence of section 223(a) shall be applied as
though the term '36 months' fin such second
sentence) read '15 months'.".
EFFECTIVE DATE?The amendments
made by this section shall take effect Janu-
ary 1, 1988, and shall apply with respect to-
11) individuals who are entitled to benefits
which are payable under subsection
(d)(1)(B)(ii), 411(6)(B),
(e)(1)(B)(ii), or (f)(1)(B)lii) of section 202 of
the Social Security Act or subsection (a)(1)
of section 223 of such Act for any month
after December 1987, and
(2) individuals who are entitled to benefits
which are payable under any provision re-
ferred to in paragraph (1) for any month
before January 1988 and with respect to
whom the 15-month period described in the
applicable provision amended by -this sec-
tion has not elapsed as of January 1, 1988.
PART 2?OTHER SOCIAL SECUR/TE
PRO;TSIONS
SEC 9021. MORATORIUM ON RELMYTIO.VS IN ATTOR-
NEYS' FEE.S; STUDIES OF A ITORNEYS ?
FEE PAY,WENT SYSTEM.
(a) M0nArontum.?(1) The provisions of the
memorandum of the Associate Commission-
er of Social Security dated March 31. 1987
(relating to revised delegations of authority
for administrative law judges to determine
fees of representatives) which amend sec-
tions 1-220 through 1-226 of the Office of
Hearings and Appeals Staff Guides and Pro-
grams Digest (commonly referred to as the
011A Handbook), and Interim Circular No.
122 (relating to the determination authority
regarding fees for representation of claim-
ants), are hereby declared to be null and
void. The preceding sentence shall apply
with respect to all attorneys' fees finally au-
thorized in connection with claims for bene-
fits under title II of the Social Security Act
on and after the date of the enactment of
this Act, regardless of when the legal services
involved were performed; and no reconsider-
ation of any such fee finally authorized
Prior to that date shall be required.
(2) Until July I, 1989, neither the Secre-?
tory nor the Social Security Administration
may modify any of the rules and regulations
relating to attorneys' fees ,in connection
with claims for benefits under title II of the
Social Security Act.
(b) SruinEs.?(1) The Secretary of Health
and Human Services shall conduct a study
of the attorneys' fee payment process under
title II of the Social Security Act. Such study
shall?
(A) assess the levels of reimbursement to
attorrietm, giving consideration to the con-
tingent nature of most arrangements be-
tween claimants and their legal representa-
tives, and propose alternative methods for.
establishing fees which take the nature of
these arrangements into account, and
(B) suggest changes aimed at eliminating
unnecessary delays in the approval and pay-
ment of attorneys' fees and thereby stream-
lining the payment process.
In conducting this study, the Secretary shall
consult with individuals who represent the
views of attorneys and with others who rep-
resent the views of claimants.
(2) At the same time, the Comptroller Gen-
eral shall conduct a study of the fee approv-
al system, including at a minimum?
(A) a study of the impact of the current
system on claimants and attorneys,
(B) an identification of obstacles to the
timely payment of attorneys' fees under
present law, and
(C) an assessment of the effect, if any.
which the reduced limit on attorneys' fees in
effect immediately prior to the enactment of
this Act has had on access to legal represen-
tation by applicants for disability insurance
benefits.
(3) The studies required by paragraphs (1)
and (2), along with any recommendations
resulting therefrom, shall be submitted to
the Congress no later than July 1, 1988.
SEC 9022. CON'ORATE DIRECTORS.
(a) SOCIAL SECURITY ACT AMENDMENT.?See-
tion 211(a) of the Social Security Act is
amended by adding at the end thereof the
following new paragraph:
"Any income of an individual which re-
sults from or is attributable to the perform-
ance of services by such individual as a di-
rector of a corporation during any taxable
pear shall be deemed to have been derived
(and received) by such individual in that
year, at the time the services were per-
formed. regardless of when the income is ac-
tually paid to or received by such individual
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lion shall be applicable to all solicitatione
for bids issued after its enactment
SEC. 521. None of the funds appropriated
by this Act may be used to establish on a
permanent basis any test or program of the
-port of arrival immediate release and en-
forcement determination.?
Sec. 522. None of the funds appropriated
by this Act may be used to solicit bids, lease
space, or enter into any contract to close or
consolidate executive seminar centers for
the Office of Personnel Management.
Sec. 523. None of the funds appropriated
by this Act or any other Act in any fiseal
year may be obligated or expended in any
way for the purpose of the sale, lease, rental,
exeessing, surplusing. or disposal of any par.
lion of land on which the Beltsville Agricul-
tural Research Center is located at Belts-
ville. Maryland, without the specific approv-
al of Congress.' Provided. That such land
may be sold, for fair market value, to the
Washington Metropolitan Area Transit Au-
thority and any proceeds from the sale of
such land shall be placed in an escrow ac-
count to be available hereafter for use in the
renovation and restoration of the Beltsville
Agricultural Research Center, to be released
as specified in advance in appropriations
Acts.
Sec. 524. Not later than October 1, 1988, of
the amounts made available pursuant to
Section 519 of the Treasury. Postal Service
and General Government Appropriations
Act. 1987, as incorporated in Section 101(m)
at Public Laws 99-500 and 99-591. not less
than $1,000.000 shall be obligated for a pilot
project to upgrade technologically obsolete
cobalt deposited in the National Defense
Stockpile. The funds used in this section for
upgrading shall not exceed $2,000,000.
SEC. 525. None of the funds appropriated
by this Act may be obligated or expended in
any way for the purpose of the sale, lease,
rental, excessing, surplusing or disposal of
any portion of land on which the Phoenix
Indian School is located at Phoenix. Arizo-
na without the specific approval of Con-
gress.
Sec. 526. None of the funds appropriated
by this Act may be obligated or expended in
any way for the purpose of the sale, excess-
ing. surplusing or disposal of lands in the
vicinity of Bull Shoals Lake. Arkansas ad-
ministered by the Corps of Engineers, De-
partment of the Army without the specific
approval of Congress.
SEC'. 527. The Administrator of General
Services under section 210(h) of the Federal
Property and Administrative Services Act of
1949, as amended, shall acquire, by means of
a lease of up to 30 years duration, space for
the United States Courts in Tacoma, Wash-
ington. at the site of Union Station,
Tacoma, Washington.
SEC. 528. 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 1988.
SEC. 529. (a) Notwithstanding any other
provision of law, during fiscal year 1988, the
authority to establish higher rates of Pay
under section 5303 of title 5, United States
Code. may?
(1) in addition to positions paid under
any of the pay systems referred to in subsec-
tion (a) of section 5303 of title 5, U.S.C., be
exercised with respect to positions paid
under any other pay system established by
Or under Federal statute for positions
within the executive branch of the Govern-
nzcn 1: and
(2) in ition to the circumstance de-
scribed in the first sentence of subsection (a)
of section 5303 of title 5. U.S.C.. be exercised
based on?
(A) pay rates for the positions involved
being generally less than the rates payable
for similar positions held?
(i) by individuals outside the Government:
Or
(ii) by other individuals within the execu-
tive branch of the Government.'
(B) the remoteness of the area or location
involved:
(C) the undesirability of the working con-
s ditions or the nature of the work involved,
including exposure to toxic substances or
other occupational hazards: or
(D) any other circumstance which the
President tor an agency duly authorized or
designated by the President in accordance
with the last sentence of section 5303(a) of
title 5, U.S.C, for purposes of this subpara-
graph) may identify.
Nothing in paragraph (2) shall be consid-
ered to permit the exercise of any authority
based on any of the circumstances under
such paragraph without an appropriate
finding that such circumstance is signifi-
cantly handicapping the Government's re-
cruitment or retention efforts.
(b)(1) A rate of pay established during
fiscal year 1988 through the exercise of any
additional authority under subsection (a) of
section 5303 of title 5, U.S.C.,
(A) shall be subject to revision or adjust-
ment,
(B) shall be subject to reduction or termi-
nation (including pay retention), and
(C) shall otherwise be treated,
in the same manner as generally applies
with respect to any rate otherwise estab-
lished under section 5303 of title 5, United
States Code.
(2) The President for an agency duly au-
thorized or designated by the President in
accordance with the last sentence of section
5303(a) of title 5, United States Code, for
purposes of this subsection) may prescribe
any regulations necessary to carry out this
subsection.
(c) Any additional authority under this
section may. during fiscal year 1988, be exer-
cised only to the extent that amounts other-
wise appropriated under this Act for pur-
poses of section 5303 of title 5, United States
Code, are available.
SEC. 530. The Director of the Office of
Management and Budget shall include in
the area designated as the St. Louis Metro-
politan Statistical Area, the City of Sulli-
van. Missouri,
4/ TITLE VI?GENERAL PROVISIONS
DEPARTMENTS, AGENCIES, AND CORPORATIONS
Sec. 601. Unless otherwise specifically pro-
vided, 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 pas-
senger motor vehicle (exclusive of buses and
ambulances), is hereby fixed at $6,600 except
station wagons for which the maximum
shall be $7,600: Provided, That these limits
may be exceeded by not to exceed $2,700 for
police-type vehicles, and by not to exceed
$4,000 for special heavy-duty vehicles: Pro-
vided further, That the limits set forth in
r this section shall not apply to electric or
hybrid vehicles purchased for demonstration
under the provisions of the Electric and
Hybrid Vehicle Research. Development, and
Demonstration Act of 1976.
SEC. 602. Appropriations of the executive
.departments and independent establish-
ments 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. 603. Unless otherwise specified during
the current fiscal year no part of any appro-
priation 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 ma-
jority 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 serv-
ice of the United States on the date of enact-
ment of this Act, who, being eligible for citi-
zenship, has filed a declaration of intention
to become a citizen of the United Slates
prior to such date and is actually residing
in the United States. (3) is a person who
owes allegiance to the United States. 141 is
an alien from Cuba, Poland, South Vietnam,
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:.Provided, That
for the purpose of this section. an affidavit
signed by any such person shall be consid-
ered prima facie evidence that the require-
ments of this section with respect to his
status have been complied with: Provided
further, That any person making a false affi-
davit 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 employ-
ee 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 Slates in
the current defense effort, 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. 604. 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 improve-
ments performed in accordance with the
Public Buildings Act of 1959 (73 Stat. 749),
the Public Buildings Amendments of 1972
(86 Stat. 216), or other applicable law.
SEC. 605. 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 ad-
dition to objects for which such funds are
otherwise available, for rent in the District
of Columbia,' services in accordance with
U.S.C. 3109; and the objects specified under
this head, all the provisions of which shall
be applicable to the expenditure of such
funds unless otherwise specified in the Act
by which they are made available: Provided,
That in the event any functions budgeted as
administrative expenses are subsequently
transferred to or paid from other funds, the
limitations on administrative expenses shall
be correspondingly reduced.
Sec. 606. 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
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11-12514 CONGRESSIONAL RECORD ? HOUSE December 21, 1987
FEDERAL LABOR RELATIONS AUTHORITY
SALARIES AND EXPENSES
For necessary expenses to carry out func-
tions of the Federal Labor Relations Author-
ity, pursuant to Reorganization Plan Num-
bered 2 of 1978, and the Civil Service
Reform Act of 1978, including services as
authorized by 5 U.S.C. 3109. including hire
of experts and consultants, hire of passenger
motor vehicles, rental of conference rooms
in the District of Columbia and elsewhere;
$17.576,000: Provided., That public members
of the Federal Service Impasses Panel may
be paid travel &menses and per diem in lieu
of subsistence as authorized by law (5 U.S.C.
5703) for persons employed intermittently in
the Government Service, and compensation
as authorized by 5 U.S.0 3109.
UNITED STATES TAX COURT
SALARIES AND EXPENSES
For necessary expenses, including contract
reporting and other services as authorized
by 5 U.S.C. 3109; $27,500,000: Provided, That
travel expenses of the judges shall be paid
upon the written certificate of the judge.
This title may be cited as the "Independ-
ent Agencies Appropriations Act, 1988".
TITLE V?GENERAL PROVISIONS
Tuts Acr
SecrioN 501. Where appropriations in this
Act are expendable for travel expenses of em-
ployees 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 the appropriations: Provided,
That this section shall not apply to travel
performed by uncompensated officials of
local boards and appeal boards of the Selec-
tive Service System; to travel performed di-
rectly in connection with care and treat-
ment of medical beneficiaries of the Veter-
. ens' Administration; 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 where separately set forth in the
budget schedules.
Sec. 502. No part of any appropriation
contained in this Act shall be available to
pay the salary of any person filling a posi-
tion, other than a temporary position, for-
merly 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 con-
tinuing 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. 503. 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 pro-
grams which have been approved by the
Congress and appropriations made therefor.
Sec. 504. 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. 505. The expenditure of any appro-
priation under this Act for any consulting
service through procurement contract, pur-
suant 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 exist-
ing Executive order issued pursuant to exist-
ing law.
Sec. 506. 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 pro-
curement of any hand or measuring tool(s)
not produced in the United States or its pos-
sessions except to the extent that the Admin-
istrator of General Services or his designee
shall determine that a satisfactory quality
and sufficient quantity of hand or measur-
ing 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 ac-
cordance with procedures prescribed by sec-
tion 6-104.4(b) of Armed Services Procure-
ment 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 evalu-
ating 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. 507. None of the funds made available
to the General Services Administration pur-
suant to section 2100 of the Federal Proper-
ty and Administrative Services Act of 1949
shall be obligated or expended after the date
of enactment of this Act for the procurement
by contract of any service which, before such
date, was performed by individuals in their
capacity as employees of the General Serv-
ices Administration in any position of
guards, elevator operators, messengers, and
custodians, except that such funds may be
obligated or expended for the procurement
by contract of the covered services with shel-
tered workshops employing the severely
handicapped under Public Law 92-28.
SEC. 508. No funds appropriated in this
Act shall be available for administrative ex-
penses in ccinnection with implementing or
enforcing any provisions of the rule TD
ATF-66 issued June 13, 1980, by the Depart-
ment of the Treasury, Bureau of Alcohol, To-
bacco and Firearms on labeling and adver-
tising of wine, distilled spirits and malt bev-
erages, except if the expenditure of such
funds is necessary to comply with a final
order of the Federal court system.
SEC. 509. None of the funds appropriated
or made available by this Act shall be used
to competitively procure electric utility serv-
ice, except where such procurement is ex-
pressly authorized by the Federal Power Act
or by State law or regulation.
Sec. 510. None of the funds appropriated
in this Act may be used for administrative
expenses to close the Federal Information
Center of the General Services Administra-
tion located in Sacramento, California.
SEC. 511. None of the funds made available
by this Act for the Department of the Treas-
ury may be used for the purpose of eliminat-
ing any existing requirement for sureties on
customs bonds.
SEC. 512. None of the funds made available
by this Act shall be available for any activi-
ty or for paying the salary of any govern-
ment 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 pro-
hibit the enforcement of section 307 of the
1930 Tariff Act,
SEC. 513. 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, out of the Treasury De-
partment.
Sec. 514. No part of any appropriation
contained in this Act shall be used for pub-
licity or propaganda purposes within the
United States not heretofore authorized by
the Congres&
Sec. 515. 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 Serv-
ice, 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 writ-
ten communication or contact with any
member or committee of Congress in connec-
tion with any matter pertaining to the em-
ployment of such officer or employee or per-
taining to the United States Postal Service
in any way, irrespective of whether such
communication or contact is at the initia-
tive of such officer or employee or in re-
sponse to the request or inquiry of such
member or committee; or
(2) removes, suspends from duty without
pay, demotes, reduces in rank, seniority,
status, pay, or performance of efficiency
rating, denies promotion to, relocates, reas-
signs, transfers, disciplines, or discrimi-
nates in regard to any employment right, en-
titlement, or benefit, or any term or condi-
tion of employment of, any officer or em-
ployee of the United States Postal Service, or
attempts or threatens to commit any of the
foregoing actions with respect to such offi-
cer or employee, by reason of any communi-
cation or contact of such officer or employee
with any member or committee of Congress
as described in paragraph (1) of this.subsee-
tion.
Sec. 516. Except for vehicles provided to,
the President, Vice President and their fami-
lies, or to the United States Secret Service,
none of the funds provided in this Act to
any Department or Agency shall be obligated
or expended to procure passenger automo-
biles as defined in 15 U.S.C. 2001 with an
EPA estimated miles per gallon average of
less than twenty-two miles per gallon. The
requirements of this section may be waived
by the Administrator of the General Services
Administration for special purpose or spe-
cial mission automobiles.
SEC. 517. No funds appropriated by this
Act shall be available to pay for an abortion,
or the administrative expenses in connec-
tion with any health plan under the Federal
employees health benefit program which
provides any benefits or coverages for abor-
tions.
SEC. 518. The provision of section 517 shall
not apply where the life of the mother would
be endangered if the fetus were carried to
term.
Sec. 519. No later than October 1, 1989, the
Administrator of General Services, or any
Federal officer assuming the -Administra-
tor's responsibilities with respect to man-
agement of the stockpile, shall use all funds
authorized and appropriated before January
1, 1985 from the National Defense Stockpile
Transaction Fund to evaluate, test, relocate,
upgrade or purchase stockpile materials to
meet National Defense Stockpile goals and
specifications in effect on October 1, 1984.
SEC. 520. 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 pro-
curement of stainless steel flatware not pro-
duced in the United States or its posses-
sions, except to the extent that the Adminis-
trator 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 accord-
ance with procedures provided by section 6-
104.4(b) of Armed Services Procurement Reg-
ulations, dated January 1, 1969. This sec.
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11,4 tverKL/ ? vecemoer zi, .1Y87;
voted not to approve the nomination of said
person.
SEC. 607. 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 ap-
propriations of the agency concerned: Pro-
vided, That such credits received as ex-
changed 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 au-
thorized by law, without reimbursement to
the Treasury.
Sec. 608. 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 re-
ceive financial support from more than one
agency or instrumentality.
Sec. 609. Funds made available by this or
any other Act to IP the General Services Ad-
ministration, including the fund created by
the Public Building Amendments 0/ 1972 (86
Stat. 216), and 121 the "Postal Service Fund"
(39 U.S.0 2003), shall be available for em-
ployment of guards for all buildings and
areas owned or occupied by the United
States or the Postal Service and under the
charge and control of the General Services
Administration or 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 (62 Stat. 281; 40 U.S.0 318). but
Shall not be restricted to certain Federal
property as otherwise required by the Provi-
so contained in said section and, as to prop-
erty owned or occupied by the Postal Serv-
ice, the Postmaster General may take the
same actions as the Administrator of Gener-
al Services may take under the provisions of
sections 2 and 3 of the Act of June 1, 1948
(62 Stat. 281; 40 U.S.C. 318a, 318b), attach-
ing thereto' penal consequences under the
authority and within the limits provided in
section 4 of the Act of June 1, 1948 162 Stat.
281; 40 U.S.C. 318cl: Provided, That when
the Administrator of General Services dele-
gates responsibility to protect property
under his charge and control to the head of
another Federal agency, that agency may
employ guards to protect the property who
shall have the same powers of special police-
men in same manner as the foregoing.
Sec. 610. None of the funds available
under this or any other Act shall be avail-
able for administrative expenses in connec-
tion with the designation for conetrurtion,
arranging for financing, or execution of
contracts or agreements for financing or
construction of any additional purchase
contract projects pursuant to section 5 of
the Public Building Amendments of 1972
(Public Law 92-313) during the period be-
ginning October 1, 1976, and ending Septem-
ber 30, 1988.
SEC. 611. 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. 612. 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 es-
tablished for the space and services by the
General Services Administration for the
fiscal year for which appropriations were
granted.
Sec. 613. (a)(1) 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 years
ending September 30, 1988, or September 30,
1989, by this Act or any other Act, may be
used to pay any prevailing rate employee de-
scribed in section 5342(a)121(A) of title 5,
United States Code, or any employee covered
by section 5348 of that Mix?
er/during the period from the date of expi-
ration of the limitation imposed by section
613 of the Treasury. Postal Service, and
General Government Appropriations Act,
1987, as incorporated in section 101(m) of
Public Laws 99-500 and 99-591, until the
first day of the first applicable pay period
that begins not less than ninety days after
that date, in an amount that exceeds the
rate payable for the applicable grade and
step of the applicable wage schedule in ac-
cordance with such section 613; and
al during the period consisting of the re-
mainder, if any, of fiscal year 1988, and that
portion of fiscal year 1989, that precedes the
normal effective date of the applicable wage
survey adjustment that is to be effective in
fiscal year 1989, in an amount that exceeds,
as a result of a wage survey adjustment, the
rate payable under paragraph (1) of this
subsection by more thanthe overall average
Percentage adjustment in the General Sched-
ule during fiscal year 1988.
(b) Notwithstanding any other provision
of law, no prevailing rate employee de-
scribed in subparagraph (B) or (C) of sec-
tion 5342(a)(2) of title 5, United States Code,
may be paid during the periods for which
subsection (a) of this section is in effect at a
rate that exceeds the rates that would be
payable under subsection (a) were subsec-
tion (a) applicable to such employee.
lc) For the purpose of this section, the
rates payable to an employee who is covered
by this section and who is paid from a
schedule that was not in existence on Sep-
tember 30, 1987, shall be determined under
regulations prescribed by the Office of Per-
sonnel 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,
1987, except to the extent determined by the
Office of Personnel Management to be con-
sistent with the purpose of this section.
(e) The provisions of this section shall
apply with respect to pay for services per-
formed by any affected employee on or after
October 1, 1987.
(f) For the purpose of administering any
provision of law, including section 8431 of
title 5, United States Code, or any rule or
regulation that provides premium pay, re-
tirement, life insurance, or any other em-
ployee benefit, that requires any deduction
or contribution, or that imposes any re-
quirement or limitation, on the basis of a
rate of salary or basic pay, the rate or salary
or basic pay payable after the application of
this section shall be treated ALS the rate of
salary or basic pay.
(g) Nothing in this section may be con-
strued to permit or require the payment to
any employee covered by this section at a
rate in excess of the rate that would be pay-
able were this section not in effect.
(hi The Office of Personnel Management
may provide for exceptions to the limita-
tions imposed by this sectior if the Office
determines that such exceptions are neces?
sary to ensure the recruitment or retention
of qualified employees.
Sec. 614. None of the funds made available
in this Act may be used to plan, implement,
or administer (1) any reduction in the
number of regions, districts or entry process-
ing locations of the United States Customs
Service; or (2) any consolidation or central-
izaticm of duty assessment or appraisement
functions of any offices in the United States
Customs Service.
Ii/Sec. 615. During the period in which the
head of any department or agency, or any
other officer or civilian employee of the
Government appointed by the President of
the United States, holds office, no funds may
be obligated or expended in excess of $5,000
to renovate, remodel, 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
renovation, remodeling, furnishing, or re-
decoration is expressly approved be the
Committees on Appropriations of the House
and Senate.
%/Sec. 616. (a) If any individual or entity
which provides or proposes to provide child
care services for Federal employees during
fiscal year 1988 or any fiscal year thereafter,
applies to the officer or agency of the United
States charged with the allotment of space
in the Federal buildings in the community
or district in which such individual *or
entity provides or proposes to provide such
service, such officer or agency may allot
space in such a building to such individual
or entity if?
(1) such space is available;
(2) such officer or agency determines that
such space will be used to provide child care
services to a group of individuals of whom
at least 50 percent are Federal employees;
and
(3) such officer or agency determines that
such individual or entity will give priority
for available child care services in such
space to Federal employees.
(b)( 1) If an officer or agency allots spare
during fiscal year 1988 or any fiscal year
thereafter, to an individual or entity under
subsection (a), such space may be provided
to such individual or entity without charge
for rent or services.
(2) If there is an agreement for the pay-
ment of costs associated with the provision
of space allotted under subsection (a) or
services provided in connection with such
space, nothing in title 31. United States
Code, or any other provision of law, shall be
construed to prohibit or restrict payment by
reimbursement to the miscellaneous receipts
or other appropriate account of the Treas-
ury.
(3) For the purpose of this section, the
term "services" includes the providing of
lighting, heating, cooling, electricity, office
furniture, office machines and equipment.
telephone service (including installation of
lines and equipment and other expenses as-
sociated with telephone service), and securi-
ty systems (including installation and other
expenses associated with security systems).
Sec. 617. 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 em-
ployee
/Sec. 618. (a) None of the funds appropri-
ated by this Act, or any other Act in this or
any fiscal year hereafter, may be used in
preparing, promulgating, or implementing
any regulations relating to the Combined
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Federal Campaign if such regulations are
not in conformance with subsection (b).
(b)(1)(A) Any requirements for eligibility
to receive contributions through the Com-
bined Federal Campaign shall not, to the
extent that such requirements relate to liti-
gation, public-policy advocacy, or attempt-
ing to influence legislation, be any more re-
strictive than any requirements established
with respect to those subject matters under
section 501(c)(3) or 501(h) of the Internal
Revenue Code of 1986.
(B) Any requirements for eligibility to re-
ceive contributions through the Combined
Federal Campaign shall, to the extent that
such requirements relate to any subject
matter other than one referred to in sub-
paragraph (A), remain the same as the crite-
ria in the 1984 regulations, except as other-
wise provided in this section.
(C) Notwithstanding any requirement re-
ferred to in subparagraph (A) or (13), for
purposes of ? any Combined Federal Cam-
pa ign?
(il any voluntary agency or federated
group which was a named plaintiff as of
September 1, 1987, in a case brought in the
United States District Court for the District
of Columbia, and designated as Civil Action
No. 83-0928 or 86-1367. and
(ii) The Federal Employee Education and
Assistance Fund,
shall be considered to have national eligibil-
ity.
WI Public accountability standards shall
remain similar to the standards which were
by regulation established with respect to the
1984-1987 Combined Federal Campaigns.
except that the Office of Personnel Manage-
ment shall prescribe regulations under
which a voluntary agency or federated
group which does not exceed a certain size
las established under such regulations) may
submit a copy of an appropriate Federal tax
return, rather than complying with any in-
dependent auditing requirements which
would otherwise apply.
(2)(A) A voluntary agency or federated
group shall, for purposes of any Combined
Federal Campaign in any year, be consid-
ered to have national eligibility if such
agency or group?
(i) complies with all requirements for eli-
gibility to receive contributions through the
Combined Federal Campaign, without
regard to any requirements relating to
"local presence"; and
(ii) demonstrates that it provided services.
benefits, or assistance, or otherwise conduct-
ed program activities. in?
(1) 15 or more different States over the 3-
year period immediately preceding the start
of the year involved; or
(II) several foreign countries or several
parts of a foreign country.
For purposes of this subparagraph, an
agency or federated group shall be consid-
ered to have conducted program activities
in the required number of States, countries.
or parts of a country, over the period of
years involved, if such agency or group con-
ducted program activities in such number of
States, countries, or parts either in any
single year during such period or in the ag-
gregate over the course of such period, pro-
vided that no State. country, or part of a
country is counted more than once.
(B) Notwithstanding any other provisions,
eligibility requirements relating to Interna-
tional Services Agencies shall remain at
least as inclusive as existing requirements.
Any voluntary agency or federated group
which attains national eligibility under sub-
paragraph (A), and any voluntary agency
which is a member of the International 4
Services Agencies, shall be considered to
have satisfied any requirements relating to
-local presence':
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(3)(A) If a federated group is eligible to re-
ceive donations in a Combined Federal
Campaign, whether on a national level (put,
truant to certification by the Office) or a
local level (pursuant to certification by the
local Federal coordinating committee), each
voluntary agency which is a member of such
group may, upon certification by the feder-
ated group, be considered eligible to partici-
pate on such national or local level, as the
case may be.
(B) Notwithstanding any provision of sub-
paragraph (A)?
(i) the Office may require a voluntary
agency to provide information to support
any certification submitted by a federated
group with respect to such agency under
subparagraph (A); and
(ii) if a determination is made, in writing
after notice and opportunity to submit writ-
ten comments, that the information submit-
ted by the voluntary agency does not satisfy
the applicable eligibility requirements, such
agency may be barred from participating in
the Combined Federal Campaign on a na-
tional or local level, as the case may be, for a
period not to exceed I campaign year.
(4) The Office shall exercise oversight re-
sponsibility to ensure that?
(A) regulations are uniformly and equita-
bly implemented in all local combined Fed-
eral campaigns;
(B) federated groups participating in a
local combined Federal campaign are al-
lowed to compete fairly for the role of prin-
ripal combined fund organization;
(C) federated groups participating in a
local combined Federal campaign are af-
forded?
(i) adequate opportunity to consult with
the PCFO for the area involved before any
plans are made final relating to the design
or conduct of such campaign (including
plans pertaining to any materials to be
printed as tart of the campaign);
(ii) adequate opportunity to participate in
campaign events and other related activi-
ies; and
(iii) timely access to all reports, budgets,
audits, and other records in the possession
of, or under the control of, the PCFO for the
areas involved; and
ID) a federated group or voluntary agency
found by the Office, by a written decision
issued after notice and opportunity to
submit written comments, to have violated
the regulations may be barred from serving
as a PCFO for not to exceed 1 campaign
year.
(5) The Office shall prescribe regulations
to ensure that PCF05 do not make inappro-
priate delegations of decisionmaking au-
thority.
(6)(A) The Office shall, in consultation
with federated groups, establish a formula
under which any undesignated contribu-
tions received in a local combined Federal
campaign shall be allocated in any year.
(B) Under the formula for the 1990 Com-
bined Federal Campaign, all undesignated
contributions received in a local campaign
shall be allocated as follows:
(ii 82 percent shall be allocated to the
United Way.
(ii) 7 percent shall be allocated to the
International Services Agencies.
(iii) 7 percent shall be allocated to the Na-
tional Voluntary Health Agencies.
. (iv) 4 percent shall, after fair and careful
consideration of all eligible federated groups
and agencies, be allocated by the local Fed-
eral coordinating committee among any or
all of the following:
(I) National federated groups (other than
any identified in clauses (ii), or
except that a national federated group shall
not be eligible under this subclause unless
there are at least 15 members of such group
17
participating in the local campaign, unless
the members of such group collectively re-
ceive at least 4 percent of the designated
contributions in the local campaign, and
unless such group was granted national eli-
gibility status for the 1987, 1988, 1989, or
1990 Combined Federal Campaign.
(II) Local federated groups.
(1111 Any local, non-affiliated voluntary
agency which receives at least 4 percent of
the designated contributions in the local
campaign.
(C) The formula set forth in subparagraph
(B)?
fit shall be phased in over the course of the
1988 and 1989 Combined Federal Cam-
paigns;
(ii) shall be fully implemented with respect
to the 1990 Combined Federal Campaigns,*
and
(iii) shall, with respect to any Combined
Federal Campaign thereafter, be adjusted
based on the experience gained in the Com-
bined Federal Campaigns referred to in
clauses (i) and ail.
(D) Nothing in this paragraph shall apply
with respect to any campaign conducted in
a foreign country.
(E) All appropriate steps shall be taken to
encourage donors to make designated con-
tributions.
(7) The option for a donor to write in the
name of a voluntary agency or federated
group not listed in the campaign brochure
to receive that individual's contribution in
a local campaign shall be eliminated.
(8) The name of any individual making a
designated contribution in a campaign
shall, upon request of the recipient volun-
tary agency or federated group, be released
to such agency or group, unless the contribu-
tor indicates that his or her name is not to
be released. Under no circumstance may the
names of contributors be sold or otherwise
released by such agency or group.
(9)(A) The name of each participating vol-
untary agency and federated group, together
with a brief description of their respective
programs,, shall be published in any infor-
mation leaflet distributed to employees in a
local combined Federal campaign. Agencies
shall be arranged by federated group, with
combined Federal campaign organization
code numbers corresponding to each such
agency and group.
(8) The requirement under subparagraph
(A) relating to the inclusion of program de-
scriptions may, at the discretion of a local
Federal coordinating committee, be waived
for a local campaign in any year if, in the
immediately preceding campaign year, con-
tributions received through the local cam-
paign totalled less than $100,000.
(10) Employee coercion is not to be tolerat-
ed in the Combined Federal Campaign, and
protections against employee coercion shall
be strengthened and clarified. . .
(11) The Office?
(A) may not, after the date of the enact-
ment of this Act, grant national eligibility
status to any federated group unless such
group has at least 15 member voluntary
agencies, each of which meets the require-
ments for national eligibility under para-
graph (2)(A); and
(B) may withdraw federation status from
any federated group for a period of not to
exceed 1 campaign year if it is determined.
on the record after opportunity for a hear-
ing, that the federated group has not com-
plied with the regulatory requirements.
(12) The Office may bar from participa-
tion in the Combined Federal Campaign, for
a period not to exceed 1 campaign year, any
voluntary agency which the Office deter-
mines, in writing, and after notice and op-
portunity to submit written cor-ments, did
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not comply with a reasonable reguest by the
Office to furnish it with information relat-
ing to such agency's campaign accounting
and auditing Practice-e-
tc) For purposes of this section. a volun-
tary agency or federated group having "na-
tional eligibility" is one whit* is eligible to
participate in each local domestic combined
Federal campaign.
INDUSTRIAL FUNDING OF THE GENZRAL SUPPLE
FUND
SEC. 619. Industrial Funding.
SUBSECTION I. PERMISSIBLE USES OF CENERAL
SUPPLY FUND.
The last sentence of section 109(a) of the
Federal Property and Administrative Selo-
Wes Act 01 1949 (40 U.S.C. 756(a)) is amend-
ed-
111 by striking out "and" at the end of
clause ID; and
(2) by inserting before the Period at the
end of clause (2) the following: ", and CV for
paying other direct costs of, and indirect
costs that are reasonably related to. con-
tracting, procurement, inspection, storage,
management, distribution, and accountabil-
ity of property and nonpersonal services
provided by the General Services Adminis-
tration or by special order through such Ad-
ministration".
SlYBSEC. L COLLECTION OF PAYMENTS FOR DEPOSIT
IN ern).
Section 109(b) of the Federal Property and
Administrative Services Act of 1949 (40
U.S.C. 756(b)) is amended by inserting after
the second sentence the following new sen-
tence: "Such prices shall also include an ad-
ditional charge to recover properly allocable
costs payable by the General Supply Fund
under subsection (a)(3) with respect to the
supplies or services concerned..".
SeBsEc. IMPLEMENTATIoN PLAN.
Not later than February 15, 1988, the Ad-
ministrator of General Services shall submit
to the appropriate committees of the Con-
gress a plan for the implementation of the
amendments made by this Act. Such plan
shall (1) fully describe and explain the ac-
counting system (including the pricing and
cost allocation methodology for supplies
and services) to be used for such implemen-
tation, and (2) contain a schedule for com-
pleting actions necessary for such imple-
mentation.
suesec. I. EFFECTIVE DATE
The amendments made by this Act shall
take effect not later than April 1, 1988.
SEC. 620. Section 1202(b) of title 5, United
States Code, is amended by adding a new
sentence as follows: "Any new member serv-
ing only a portion of a seven-year term in
office may continue to serve until a succes-
sor is appointed and has qualified, except
that such member may not continue to serve
for more than one year after the date on
which the term of the member would other-
wise expire, unless reappointed.".
---. Sec. 621. (a) Notwithstanding the provi-
sions 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 of-
fices of each person detailed and the agency
to which each such person is detailed.
(b) The provisions of this section shall not
apply to Federal employees or members of
the armed services detailed to or from?
(1)the Central Intelligence Agency;
(2) the National Security Agency:
(3) the Defense Intelligence Agency:
(4) the offices within the Department of
Defense for the collection of specialized na-
tional foreign intelligence through recon-
naissance programs;
15) the Bureau of Intelligence and Re-
search of the Department of State;
(61 any agency, office, or unit of the Army,
Navy, Air Force. and Marine Corps, the Fed-
eral Bureau of Investigation and the Drug
Enforcement Administration of the Depart-
ment of Justice, the Department of the
Treasury, and the Department of Energy
performing intelligence functions: and
(7) the Director of Central Intelligence.
(el The exemptions in part (DI of this sec-
tion are not intended to apply to informa-
tion on the use of personnel detailed to or
from the intelligence agencies which is cur-
rently being supplied to the Senate and
Nouse Intelligence and Appropriations
Committees by the executive branch through
budget justification materials and other re-
ports.
(d) For the purposes of this section, the
term 'Executive agency' has the same mean-
ing as defined under section 105 of title 5,
United States Code (except that the provi-
sions of section 104(2) of title 5, United
States Code shall not apply) and includes
the White House Office, the Executive Resi-
dence, and any office, council, or organiza-
tional unit of the Executive Office of the
President.
Sec. 622. (a) None of the funds made avail-
able by this or any other Act with respect to
any fiscal year may be used to make a con-
tract for the manufacture of distinctive
paper for United States currency and securi-
ties pursuant to section 5114 of title 31,
United States Code, with any corporation or
other entity owned or controlled by persons
not citizens of the United States, or for the
manufacture of such distinctive paper out-
side of the United States or its possessions.
This subsection shall not apply if the Secre-
tary of the Treasury determines that no do-
mestic manufacturer of distinctive paper for
United States currency or securities exists
with which to make a contract and if the
Secretary of the Treasury publishes in the
Federal Register a written finding stating
the basis for the determination.
Ib) None of the funds made available be
this or any other Act with respect to any
fiscal year may be used to procure paper for
passports granted or issued pursuant to the
first section of the Act entitled "An Act to
regulate the issue and validity of passports,
and for other purposes", approved July 3,
1926 122 U.S.C. 211a), if such paper is manu-
factured outside of the United States or its
possessions or is procured from any corpora-
tion or other entity owned or controlled by
persons not citizens of the United States.
This subsection shall not apply if no domes-
tic manufacturer for passport paper exists.
%/Sec. 623. INTEREST ON BACK PAY FOR FEDER-
AL EMPLOYEES.?(a) IN GENERAL?Section
5596(b) of title 5, United States Code, is
amended?
(I) by redesignating paragraphs (2) and
(3) as paragraphs (3) and (4), respectively;
and
(2) by adding after paragraph (1) the fol-
lowing:
"(2)(A) An amount payable under para-
graph (1)(A)(i) of this subsection shall be
payable with interest.
"(13) Such interest?
"(i) shall be computed for the period be-
ginning on the effective date of the with-
drawal or reduction involved and ending on
a date not more than 30 days before the date
on which payment is made:
"(it) shall be computed at the rate or rates
in effect under section 6621(a)(1) of the In-
ternal Revenue Code of .1986 during the
period described in clause (i); and
"(iii) shall be compounded daily.
"(CI Interest under this paragraph shall be
paid out of amounts available for payments
under pa ragraph Ill of this subsection.".
fbi ErrECT7VE DAre.-
ai as provided in
paragraph (2). the amendments made by
subsection (a) shall take effect on the date of
the enactment of this Act, and shall apply
with respect to any employee found, in a
final judgment entered or a final decision
otherwise rendered on or after such date, to
have been the subject of an unjustified or
unwarranted personnel action, the correc-
tion of which entitles such employee to an
amount under section 5596(b)(1)(Anil of
title 5, United States Code.
(2) EXCEP770N.?
(A) CASES IN WHICH A RIGHT TO INTEREST WAS
RESERVED.?The amendments made by sub-
section (a) shall also apply with respect to
any claim which was brought under section
5596 of title 5, United States Code, and with
respect to which a final judgment was en-
tered or a final decision was otherwise ren-
dered before the date of the enactment of
this Act. if under terms of such judgment or
decision, a right to interest was specifically
reserved, contingent on the enactment of a
statute authorizing the payment of interest
on claims brought under such section 5596.
(El) METHOD or coroner:Pro INTEREST.?The
amount of interest payable under this para-
graph with respect to a claim shall be deter-
mined in accordance with section
5596(b)(21(B) of title 5, United States Code
(as amended by this section).
SOURCE.?An amount payable under
this paragraph shall be paid from the appro-
priation made by section 1304 of title 31,
United States Code, notwithstanding sec-
tion 5596(b)(2)(C) of title 5, United States
Code (as amended by this section) or any
other provision of law.
(D) DEADLINE.?An application for a pay-
ment under this paragraph shall be ineffec-
tive if it is filed after the end of the 1-year
period beginning on the date of the enact-
ment of this Act.
(E) LIMITA770N ON PAYMENTS.?Payments
under this paragraph may not be made
before October 1, 1988, except that interest
shall continue to accrue in accordance with
5596(b)(2)(B) of title 5, United States Code.
,...0S.Ec. 624. (a) Section 7701(j) of title 26,
United States Code, is amended?
(1) by deleting from paragraph (1)(c) the
words "the provisions of paragraph (2) and"
following the words "subject to"; and
(2) by deleting paragraph 121 in its entire-
ty and substituting in lieu thereof the fol-
lowing language: "NONDISCRIMINATION RE-
QUIREMENTS.?Notwithstanding any other
provision of law. the Thrift Savings Fund is
not subject to the nondiscrimination re-
quirements applicable to arrangements de-
scribed in section 401(k) or to matching con-
tributions (as described in section 401(m)),
so long as it meets the requirements of this
section.".
(b) Section 8440 of title 5, United States
Code, is amended?
( 1) by deleting from paragraph (0(3) the
words the provisions of subsection (b) and"
following the words "subject to"; and
(2) by deleting subsection (b) in its entire-
ty and by substituting in lieu thereof the fol-
lowing language: "NONDISCRIMINATION RE-
QUIREMENTS.?Notwithstanding any other
provision of law, the Thrift Savings Fund is
not subject to the nondiscrimination re-
quirements applicable to arrangements de-
scribed in section 401(k) of title 26, United
States Code, or to matching contributions
(as described in section 401(m) of title 26.
United Slates Code), so long as it meets the
requirements of this section.".
%/Sec. 625. TEMPORARY AUTHORITY TO TRANS-
FER LEAVE.?In order to ensure that the ex-
perimental use of voluntary leave transfers
established under Public Laws 99-500 and
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December 21, 1987 CONGRESSIONAL itErnRn unrIcr
euneriament numbered 15:
_ JUI ?
awned employees ta Areal year 1988. the 'eign _tourist duty) withtn the United States. 'That the Bouse recede from Its disagree-
its territories or possessions. the Common- ment to the amendment of the Senate num.
wealth of Puerto Rico, or such areas and bered 15. and agree to the same with an
stallations in the Republic of Panama"; and amendment, as follows:
IBJ by adding at the end thereof the fol- In lieu of the matter stricken and the
lowing nese sentence: "Reimbursement of ex- matter inserted by said amendment, insert
penses prescribed under this paragraph in the following:
connection with transfers from a post of Inn!) Upon the enactment of this resolu?
duty located outside the United Slates. its lion enroned ns a hand enrollment. the
territories or possessions. the Common- Clerk of the Rouse of Representatives shall
wealth of Puerto Rico. or the areas and in- prepare a printed enrollment of this resolu-
stallations in the Republic of Panama 'Made tion as in the case of a bill or joint resolu?
available to the United States pursuant to lion to which sections 106 and 107 of title 1.
the Panama Canal Treaty of 1977 and mica- United States Code, apply. Such enrollment
ed agreements las described in section Val shall be a correct enrollment of this resolu-
of the Panama Canal Act of 19791, shall not tion as enrolled in the hand enrollment.
be allowed for any sale or settlement of un-
(=nixed tease or purchase transaction that (2) A printed enrollment prepared pursu-
occurs prior to official notification th ant to subsection .(n)(1) may, in order to
employee's return to the United States at Ute
conform to customary style for printed laws,
would be to an official station other than
include correctioru in spelling, punctuation.
the official station from which the employee indentation, type face, and type size and
was transferred when assigned to the foreign
other necessary stylistic corrections to the
post of d-uty.". hand enrollment Such a printed enrollment
(2) EFFECT7VE DATE?The amendments
shall include notations fin the margins or as
made by paragraph (21 shall be applicable otherwise appropriate/ of all such correc-
with respect to any employee transferred to tions.
or from a post of duty on or after 60 days (3) A printed enrollment prepared pursu-
after the date of enactment of this section, ant to subsection (n1(1 ) shall be signed by
(b) FUNDS eon IMPLEMENTATION.?The the presiding officers of both Houses of Con.
amendments made by subsection (a) shall be gress as a correct printing of the hand en-
carried out by agencies by the use of funds rollment of this resolution and shall be
appropriated or otherwise available for the transmitted to the President.
administrative expenses of each of such re- IP Upon certification by the President
spective agencies. The amendments made by that a printed enrollment transmitted pur-
such subsections do not authorize the aPPrte plant to subsection In)(3) is a correct print-
priation of funds in amounts exceeding the rag of the hand enrollment of this resolu-
sums already authorized to be appropriated lion, such printed enrollment shall be con-
for such agencies. sidered for all purposes as the original en-
Sec. 629. Notwithstanding 31 U.S.C. 1346 roll ment of this resolution and as valid eri-
or section 607 of this Act, funds made avail- dence of the enactment of this resolution,
able for fiscal year 1988 by this or any other
Act shall be available for the interagency (5) A printed enrollment certified by the
President under subsection (n)(4) shall be
funding of national security and emergency
preparedness telecommunications initia-
transmitted to the Archivist of the United
lives which benefit multiple Federal depart-
States, who shall preserve it with the hand
ments, agencies, or entities, as provided in
enrollment. In preparing this resolution for
Executive order Number 12472 (April 3, publication in slip form and in the United
1984).
States Statutes at Large pursuant to section
EMPLOYEE DISCLOSURE AGREEME
SEC.630.. No funds appropriated in .thi.s or 112 of title 1, United States Code, the Archi-
NTS
vist of the United States shall use the print-
'
ed enrollment certified by the President
any other 1/kt for fiscal Yeas 1988 *map ?" under Subsection (n)(4) in lieu of the hand
used to implement or enforce the agreements enrollment.
in Standard Forms 189 and 4193 of the Gov-
ernment or any other isOndiseloture policy.
(6) As used in this section, the term "hand
form or ?agreement if such policy, form or enrollment" means enrollment in a form
agreement.' other than the printed form required by sec.
(1/ concerns information other than that lions 106 and 107 of title 1. United States
specifically marked as classified; or. un- Code, as authorized by the joint resolution
marked but known by the employee to be entitled -"Joint resolution authorizing the
classified: or, unclassified but known by the hand enrollment of the budget reconcilia-
employee to be in the process of a classifica- lion bill and of the full-year continuing res-
tion determination,' olution for fiscal year 1988", approved De-
12) contains the terms "classifiable": cember 1987 111.J. Res. 426 of the 100th Con-
(3) directly or indirectly obstructs, by re- gress1.
guirement of prior written authorization. to) Federal employees furloughed as the
limitation of authorized disclosure, or other- result of any lapse in appropriations prior
wise, the right of any individual to petition to the enactment of this Resolution shall be
or communicate with Members of Congress compensated at their standard rate of corn-
in a secure manner as provided by the rules pensation for the period during which there
and procedures of the Congress,' Was a lapse in appropriations.
(41 interferes with the right of the Con- All obligations incurred in anticipation of
grass to obtain executive branch informa- the appropriations made and authority
tion in a secure manner as provided by the granted by this Resolution for the purpose of
rules and procedures of the Congress; maintaining the essential level of activity to
(51 imposes any obligations or invokes any protect life and property and bring about
remedies inconsistent with statutory law: the orderly termination of government fune-
Provided, That nothing in this section shall lions are hereby ratified and approved if
affect the enforcement of those aspects of otherwise in accord with the provisions of
such nondisclosure policy, form or agree- this Resolution.
tnent that do not fall within subsections (1)- And the Senate agree to the same.
the United States pursuant to the Panama (51 of this ction Amendment numbered 17:
Canal Treaty of 1977 and related agreements s et may e as the 'Treasury, That the House recede from its disagree-
(as described in section 3(a) of the Panama Postal Service and General Government Ap- rnent to the amendment of the Senate num-
Canal Act of 1979), to an official station propriations Act, 1988". bered 17., and agree to the same with an
(other than the official station from which And the Senate agree to the same, amendment, as follows:
Declassified in Part -Sanitized Copy Approved for Release 20 12519
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13/01/17 CIA-RDP91B00390R000300180015
Office of Personnel Management shall estab-
lish by regulation, notwithstanding chapter
63 of title 5, United Slates Code, a Program
under which the unused accrued -annual
leave of officers or employees of the Federal
Government may be transferred for use by
other officers or employees who need such
leave due to a personal emergency as defined
in the regulations. The Veterans' Adminis-
tration shall establish a similar program for
employees subject to section 4108 of title 5,
United States Code. The programs estab-
lished by this section shall expire at the end
of fiscal year 1988, but any leave that has
been transferred to an officer or employee
under the programs shall remain available
for use until the personal emergency has
ended, and any remaining unused trans-
ferred leave shall, to the extent administra-
tively feasible, be restored to the leave ac-
counts of the officers or employees from
whose accounts it -was originally trans-
ferred.
Sec. 626. Subsection 8902 of title 5. United
States Code, is amended?
) by inserting in subsection (k)(1), after
"as applicable," the following: "or by a
qualified clinical social worker as defined in
section 8901(11),";
(21 by inserting in subsection (k)(1). after
"such a clinical psychologist" the following:
". qualified clinical social worker";
(3) by striking out all of subsection (c)(2)
and by redesignating subsection OcI(3) as
subsection (k)(2); and
Olt by striking out the last sentence in sub-
section (m)(2)(A).
Sec. 627. (a) Section 5 of Public Law 99-
87. relating to the use of official mail in the
location of missing children, is amended by
striking out "two and one-half years after
the date of the enactment of this Act" and
Inserting in lieu thereof "after December 31,
1992".
(bi Section 3(a) of Public Law 99-87 is
amended by striking out "Not later than two
years after the date of enactment of this
Act," and inserting in lieu thereof "Not later
than June 30, 1992,-.
*ea EC. 628. SALE OF RESIDENCE OF TRANS-
FERRED FEDERAL EMPLOYEES AND TRANSPORTA-
TION EXPENSES.?
(a) REIMBURSEMENT OF EXPENSES or SALE
AND PURCHASE OF A RESIDENCE UPON 771E
TRANSFER OF A FEDERAL, EMPLOYEE.?
.1.1 REIMBURSEMENT OF EXPENSES.?SeCtiOn
5724a/a)(4)(A) of title 5. United States Code.
is amended?
(A) by inserting before the period at the
end of the first sentence the following* "; and
expenses, required to be paid by the employ-
ee. (i) of the sale of the residence for the set-
tlement of an unexpired lease) of the em-
ployee at the official station from which the
employee was transferred when he was as-
signed to a post -of duty located outside the
United States, its territories or possessions,
the Commonwealth of Puerto Rico, or areas
and installations in the Republic of
Panama made available to the United
States pursuant to the Panama Canal
Treaty of 1977 and related agreements (as
described in section Val of the Panama
Canal Act of 1979) and (if) of the purchase
of a residence at the new official station
when the employee is transferred in the in-
terest of the Government from a post of duty
located outside the United States, its territo-
ries or possessions. the Commonwealth of
Puerto Rico. or areas and installations in
the Republic of Panama made available to
Inecifiori in Part - Sanitized Copy Approved for Release 2013/01/17 CIA-RDP91B00390R000300180015-2