101st CONGRESS
2d Session
H. R. 5241
AMENDMENTS
HR 5241 EAS
In the Senate of the United States,
September 11 (legislative day, September 10), 1990.
Resolved, That the bill from the House of Representatives (H.R. 5241)
entitled `An Act making appropriations for the Treasury Department, the
United States Postal Service, the Executive Office of the President, and
certain Independent Agencies, for the fiscal year ending September 30,
1991, and for other purposes', do pass with the following
AMENDMENTS:
( 1 ) Page 2, strike out lines 2 to 17, and insert:
DEPARTMENT OF THE TREASURY
DEPARTMENTAL OFFICES
Salaries and Expenses
For necessary expenses of the Departmental Offices including operation and
maintenance of the Treasury Building and Annex; hire of passenger motor
vehicles; not to exceed $22,000 for official reception and representation
expenses; not to exceed $200,000 for unforeseen emergencies of a confidential
nature, to be allocated and expended under the direction of the Secretary
of the Treasury and to be accounted for solely on his certificate; not less
than $2,212,000 and 40 full-time equivalent positions for the Office of
Foreign Assets Control; not to exceed $1,649,000, to remain available until
expended, for systems modernization requirements; not to exceed $1,000,000,
to remain available until expended, for repairs and improvements to the
Main Treasury Building and Annex; $63,883,000.
( 2 ) Page 3, line 3, strike out  [Struck out->][ $27,517,000 ][<-Struck
out]  and insert: $29,717,000
( 3 ) Page 3, after line 10, insert:
FINANCIAL CRIMES ENFORCEMENT NETWORK
Salaries and Expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; not to exceed $3,000 for
official reception and representation expenses; and awards of compensation
to informers; $16,688,000.
( 4 ) Page 3, line 23, strike out  [Struck out->][ $7,000 ][<-Struck out]
and insert: $5,000
( 5 ) Page 4, line 11, strike out  [Struck out->][ private sector security
officials ][<-Struck out]  and insert: community leaders
( 6 ) Page 4, line 25, strike out  [Struck out->][ $36,727,000 ][<-Struck
out]  and insert: $41,142,000: Provided further, That the Federal Law
Enforcement Training Center shall hire up to and maintain an average of
not less than 445 direct full-time equivalent positions for fiscal year 1991
( 7 ) Page 5, line 6, strike out  [Struck out->][ $18,735,000 ][<-Struck
out]  and insert: $29,000,000
( 8 ) Page 5, line 17, strike out  [Struck out->][ six ][<-Struck out]
and insert: seven
( 9 ) Page 5, line 21, strike out  [Struck out->][ $5,000 ][<-Struck out]
and insert: $10,000
( 10 ) Page 6, line 1, strike out  [Struck out->][ $296,284,000 ][<-Struck
out]  and insert: $305,704,000
( 11 ) Page 6, line 1, strike out  [Struck out->][ $19,000,000 ][<-Struck
out]  and insert: $25,000,000
( 12 ) Page 7, line 2, strike out  [Struck out->][ 3,984 ][<-Struck out]
and insert: 4,098
( 13 ) Page 7, line 3, strike out  [Struck out->][ 692 ][<-Struck out]
and insert: 1,037
( 14 ) Page 7, line 15, strike out all after `Service;' down to and including
`and' in line 16, and insert:  $1,141,725,000
( 15 ) Page 8, line 10, strike out all after `Service' down to and including
`Program' in  line 13
( 16 ) Page 8, line 13, strike out all after `Program' down to and including
`Service' in line 20, and insert: : Provided further, That the United States
Customs Service shall hire and maintain an average of not less than 17,162
full-time equivalent positions in fiscal year 1991, of which a minimum level
of 10,421 full-time equivalent positions shall be allocated to commercial
operations activities, and of which a minimum level of 930 full-time
equivalent positions shall be allocated to air interdiction activities
of the United States Customs Service, and of which a minimum level of 222
full-time equivalent positions shall be allocated to the Nogales District
of the United States Customs Service
( 17 ) Page 9, line 2, strike out all after `District' down to and including
`District' in line 5,  and insert: : Provided further, That not less than
$1,440,000 shall be expended to increase by 24 the number of full-time
employees of the United States Customs Service in the Honolulu Customs
District
( 18 ) Page 9, line 5, after `District' insert: : Provided further, That
not less than $600,000 shall be available to increase by 10 the number of
full-time inspectors in the Charleston, South Carolina Customs District
( 19 ) Page 9, line 11, strike out  [Struck out->][ $107,047,000 ][<-Struck
out]  and insert: $114,347,000
( 20 ) Page 9, line 17, after `1991' insert: : Provided further, That the
United States Customs Service  shall commence procurement of long-lead
items and conduct all advanced planning required in preparation for the
procurement of one additional P-3 airborne early warning (AEW) aircraft in
fiscal year 1992
( 21 ) Page 11, line 4, strike out all after `$175,139,000' down to and
including `1991' in line 9
( 22 ) Page 11, after line 9, insert:
Payment of Government Losses in Shipment
For payment of Government losses in shipment, in accordance with section
2 of the Act approved July 8, 1937 (40 U.S.C. 722), $500,000, to remain
available until expended.
( 23 ) Page 11, line 19, strike out  [Struck out->][ $136,072,000 ][<-Struck
out]  and insert: $142,279,000
( 24 ) Page 12, line 2, strike out all after `taxpayers;' down to and
including `and' in line 5
( 25 ) Page 12, line 8, strike out  [Struck out->][ $1,444,517,000 ][<-Struck
out]  and insert: $1,521,595,000
( 26 ) Page 12, line 22, strike out  [Struck out->][ $3,560,484,000 ][<-Struck
out]  and insert: $3,310,119,000
( 27 ) Page 13, line 1, strike out all after `States' down to and including
`laws' in line 5
( 28 ) Page 13, line 14, strike out all after `sioner;' down to and
including `change' in line 25, and insert: $932,932,000, of which not less
than $247,878,000 shall remain available until expended for tax systems
modernization, and of which $60,000,000 shall remain available until expended
for other systems development projects
( 29 ) Page 13, line 25, after `change'  insert: : Provided, That of the
$247,878,000 provided for tax systems modernization up to $15,000,000
shall be available until expended for the establishment of a federally
funded research and development center and may be utilized to conduct and
evaluate market surveys, develop and evaluate requests for proposals, and
assist with systems engineering, technical evaluations, and independent
technical reviews in conjunction with tax systems modernization
( 30 ) Page 14, line 1, strike out  [Struck out->][ PROVISION ][<-Struck out]
and insert: Provisions
( 31 ) Page 14, line 3, strike out  [Struck out->][ 5 ][<-Struck out]
and insert: 4
( 32 ) Page 14, after line 8, insert:

bee4100d0526c6b82e5047dfe4a8f6faff25c1eed4be55ba1e54be05d646c3f8

of any appropriation made available to the Internal Revenue Service for
document matching for the current fiscal year by this Act may be transferred
to any other Internal Revenue Service appropriation for document matching.
( 33 ) Page 15, line 16, strike out  [Struck out->][ $397,640,000 ][<-Struck
out]  and insert: $412,740,000
( 34 ) Page 15, line 19, strike out  [Struck out->][ $3,200,000 ][<-Struck
out]  and insert: $1,600,000
( 35 ) Page 15, line 21, strike out  [Struck out->][ $160,000 ][<-Struck out]
and insert: $300,000
( 36 ) Page 16, line 22, strike out all after `appropriations.' down to and
including `decreased' in line 23 and insert: Notwithstanding any authority
to transfer funds between appropriations contained in any other Act, no
transfer may increase or decrease any appropriation in this Act
( 37 ) Page 17,  strike out lines 3 to 14
( 38 ) Page 17, line 23, strike out  [Struck out->][ $484,592,000 ][<-Struck
out]  and insert: $470,592,000
( 39 ) Page 18, after line 17,  insert:
UNITED STATES POSTAL SERVICE
General Provision

7a0a92962b5583e5db1bbfb0559893d10908c48e54c147db5520ac99675d64b9

is amended by adding at the end the following:
`(j)(1) In the administration of this section, the rates for mail under
former section 4452(b) or 4452(c) of this title shall not apply to mail
which advertises, promotes, recommends, offers, describes, or announces
the availability of any credit, debit, or charge card, or similar
financial service, provided by or through an arrangement with any person
or organization not authorized to mail at the rates for mail under former
section 4452(b) or 4452(c) of this title.
`(2) Paragraph (1) of this subsection shall not exclude matter from being
mailed at the rates for mail under former section 4452(b) or 4452(c)
of this title, by an organization authorized to mail at those rates,
solely because such matter contains--
`(A) space advertising for which a valuable consideration has been paid,
provided that such advertising is an integral part of a publication issued
on a periodic basis by the authorized organization, and not included as
an insert, enclosure, or supplement;
`(B) an incidental acknowledgement or mention of organizations or individuals
who have made donations to the authorized organization; or
`(C) an incidental reference to services or benefits available as a result
of membership in the authorized organization, provided that advertising,
promotional, or application materials specifically concerning such services
or benefits are not included.'.
(b) CONFORMING AMENDMENT- Section 2401(c) of title 39, United States Code,
is amended by striking `3626 (a)-(h)' and inserting `3626 (a)-(h) and (j)'.
( 40 ) Page 19, line 9, strike out  [Struck out->][ $24,910,000 ][<-Struck
out]  and insert: $25,410,000, of which not less than $500,000 shall remain
available until expended for the White House Conference on Indian Education
( 41 ) Page 20, line 8, after `expended,' insert: and of which $1,202,000
for the repair of the face of the Executive Residence shall remain available
until expended,
( 42 ) Page 21, line 19, strike out  [Struck out->][ $235,000 ][<-Struck
out]  and insert: $400,000: Provided, That a minimum level of 5 permanent
full-time equivalent positions shall be hired and maintained by the National
Critical Materials Council for fiscal year 1991
( 43 ) Page 21, line 24, strike out all after `$5,893,000' down to and
including `expenses' in line 25
( 44 ) Page 22, line 5, strike out  [Struck out->][ $49,305,000 ][<-Struck
out]  and insert: $48,343,000
( 45 ) Page 24, strike out all after line 2 down to and including `Provided,'
in line 8 and insert: `$17,500,000: Provided, That not less than $1,000,000
of such amount shall be available for the establishment of a Technology
Research and Development Center within the Office of National Drug Control
Policy: Provided further,
( 46 ) Page 24, strike out all after line 12, over to and including line
19 on page 25, and insert:
For activities authorized by Public Law 100-690, $128,000,000, to be derived
from deposits in the Special Forfeiture Fund; of which $4,548,000 shall be
transferred to  Federal Bureau of Investigation, `Salaries and expenses';
of which $2,637,000 shall be transferred to Immigration and Naturalization
Service, `Salaries and expenses'; of which $6,941,000 shall be transferred
to Interagency Law Enforcement, `Organized Crime Drug Enforcement';  of
which $18,884,000 shall be transferred to United States Customs Service,
`Salaries and expenses'; of which $3,856,000 shall be transferred to
Bureau of Alcohol, Tobacco and Firearms, `Salaries and expenses'; of which
$3,059,000 shall be transferred to Internal Revenue Service, `Tax law
enforcement'; of which $91,000 shall be transferred to  Secret Service,
`Salaries and expenses'; and of which $82,000,000 shall be available for
activities authorized by section 1005 of Public Law 100-690 for areas
designated as High Intensity Drug Trafficking Areas and which shall
be transferred to Federal agencies and departments for the purposes of
assisting such designated areas and shall be obligated in fiscal year 1991
by such Federal agencies and departments: Provided, That of such amount not
less than $32,000,000 shall be transferred to the Department of Justice
and the Department of the Treasury for distribution to State and local
law enforcement entities for drug control activities consistent with the
strategy for each designated High Intensity Drug Trafficking Area; and of
which $4,984,000 shall remain available until expended for automated data
processing enhancements at the El Paso Intelligence Center; and of which
$1,000,000 shall remain available until expended to implement section 7604
of Public Law 100-690, the National Commission on Measured Responses to
Achieve a Drug-Free America by 1995 Authorization Act: Provided, That
amounts transferred under this heading shall be used for salaries and
expenses of drug enforcement personnel.
OFFICE OF NATIONAL DRUG CONTROL POLICY
General Provision

5e6d62e9d3a2998f9954f6030af850931d1d560c2ac82ee892b4751ebe8d0c98

by deleting the second sentence and inserting the following: `For each of
fiscal years 1991, 1992, and 1993, the Attorney General shall transfer not
to exceed $150,000,000 in unobligated amounts available in the Fund to the
Special Forfeiture Fund: Provided, That such amounts will be transferred
on a quarterly basis: Provided further, That, upon each transfer, not
to exceed $15,000,000 or, if determined by the Attorney General to be
necessary to meet forfeiture program expenses, an amount not to exceed
one-tenth of the previous year's obligations shall be retained in the Fund
and remain available for payment of authorized expenses: Provided further,
That, any unobligated amounts in excess of $150,000,000 shall remain on
deposit in the Fund.'.
( 47 ) Page 27, line 16, strike out all after `$17,150,000' down to and
including `expenses' in line 17
( 48 ) Page 27, strike out all after line 21 over to and including line 8
on page 33, and insert:
For additional expenses necessary to carry out the purposes of the
Fund established pursuant to section 210(f) of the Federal Property
and Administrative Services Act of 1949, as amended (40 U.S.C. 490(f)),
$1,578,360,800 to be deposited into said Fund. The revenues and collections
deposited into said Fund shall be available for necessary expenses of
real property management and related activities not otherwise provided
for, including operation, maintenance, and protection of federally
owned and leased buildings; rental of buildings in the District of
Columbia; restoration of leased premises; moving Governmental agencies
(including space adjustments and telecommunications relocation expenses) in
connection with the assignment, allocation and transfer of space; contractual
services incident to cleaning or servicing buildings and moving; repair and
alteration of federally owned buildings, including grounds, approaches and
appurtenances; care and safeguarding of sites; maintenance, preservation,
demolition, and equipment; acquisition of buildings and sites by purchase,
condemnation, or as otherwise authorized by law; conversion and extension of
federally owned buildings; preliminary planning and design of projects by
contract or otherwise; construction of new buildings (including equipment
for such buildings); and payment of principal, interest, taxes, and any
other obligations for public buildings acquired by installment purchase
and purchase contract, in the aggregate amount of $5,099,606,800, of which
(1) not to exceed $1,298,133,000 shall remain available until expended for
construction of additional projects at locations and at maximum construction
improvement costs (including funds for sites and expenses) as follows:
New Construction:
Arizona:
Flagstaff, a grant to Northern Arizona University, Southwest Forestry
Science Complex, $5,000,000
California:
Menlo Park, U.S. Geological Survey, Laboratory Building A, $22,000,000
Sacramento, John E. Moss Federal Building U.S. Courthouse, Extension,
$5,801,000 District of Columbia:
Army Corps of Engineers, Southeast Federal Center, Headquarters, $87,234,000:
Provided, That such funds shall be obligated only upon the advance approval
of the House Committee on Public Works and Transportation and the Senate
Committee on Environment and Public Works
Federal Bureau of Investigation, Field Office, $98,372,000: Provided, That
such funds shall be obligated only upon the advance approval of the House
Committee on Public Works and Transportation and the Senate Committee on
Environment and Public Works
General Services Administration, Southeast Federal Center, Headquarters,
$148,500,000: Provided, That such funds shall be obligated only upon the
advance approval of the House Committee on Public Works and Transportation
and the Senate Committee on Environment and Public Works
Department of Transportation, Headquarters, site, $50,000,000: Provided,
That such funds shall be obligated only upon the advance approval of the
House Committee on Public Works and Transportation and the Senate Committee
on Environment and Public Works
Southeast Federal Center, $88,000,000: Provided, That such funds shall
be obligated only upon the advance approval of the House Committee on
Public Works and Transportation and the Senate Committee on Environment
and Public Works
Georgia:
Athens, a grant to University of Georgia, Dean Rusk Center for International
and Comparative Law, $1,000,000
Augusta, U.S. Courthouse, $353,000
Idaho:
Moscow, a grant to University of Idaho, Environmental Laboratory, $5,800,000
Iowa:
Ames, a grant to Iowa State University, Midwest Supercomputer Access
Center, $4,300,000
Illinois:
Chicago, John C. Kluczynski Federal Building, Claim, $455,000
Kansas:
Kansas City, Federal Building U.S. Courthouse, $29,475,000
Pittsburg, a grant to Pittsburg State University, School of Technology
Complex, $6,000,000
Louisiana:
Shreveport, Federal Building and U.S. Courthouse, $24,669,000
Maryland:
Prince Georges County, Internal Revenue Service, $206,502,000
Prince Georges County, U.S. Courthouse, $21,883,000
Massachusetts:
Boston, Federal Building U.S. Courthouse, $184,200,000
Minnesota:
Minneapolis, Federal Building and U.S. Courthouse, $63,013,000
Montana:
Great Falls, a grant to the McLaughlin Research Institute for Biomedical
Sciences, $5,000,000
Nebraska:
Lincoln, a grant to University of Nebraska, George W. Beadle Center for
Genetic and Biomaterials Research, $6,000,000
Omaha, a grant to Creighton University, Criss Research Building, $2,000,000
Nevada:
Carson City, Federal Building-Post Office, parking construction, $50,000
New Jersey:
Camden, Post Office and Courthouse Annex, Escalation, $8,903,000
New Mexico:
Albuquerque, a grant to Sandia National Laboratory for research in
environmentally conscious manufacturing, $4,000,000
New York:
New York, a grant to Columbia University, Center for Disease Prevention,
$1,000,000
White Plains, Courthouse, $26,350,000
Oregon:
Portland, Courthouse Annex, $33,320,000
Pennsylvania:
Wilkes-Barre, Social Security Administration Data Operations Center,
Escalation, $11,905,000
Tennessee:
Knoxville, U.S. Courthouse-Post Office, $3,431,000
Virginia:
Alexandria, U.S. Courthouse, $58,202,000
West Virginia:
Charleston, Federal Building U.S. Courthouse, $80,407,000
Nonprospectus construction projects, $5,000,000
( 49 ) Page 33, line 23, strike out  [Struck out->][ $579,710,000 ][<-Struck
out]  and insert: $780,251,800
( 50 ) Page 34, strike out lines 9 and 10
( 51 ) Page 34, after line 25,  insert:
National Building Museum, Pension Building, $4,500,000
( 52 ) Page 36, strike out line 20
( 53 ) Page 37, after line 4,  insert:
Capital Improvements of United States-Mexico Border Facilities, $211,659,800
as follows:
Arizona:
Naco, New Border Station, $3,497,500
Nogales, Grand Avenue, Border Station, site and drainage, $3,200,000
Sasabe, New Border Station, $3,185,000
California:
Andrade, New Border Station, $6,400,700
Calexico,  New Border Station, $41,395,000
Otay Mesa,  New Border Station, $14,112,700
San Ysidro,  Border Station, $8,000,000
Tecate,  New Border Station, $10,367,500
New Mexico:
Santa Teresa,  New Border Station,  $6,000,000
Sunland Park,  New Border Station, planning, $500,000
Texas:
Brownsville,  New Border Station, $17,520,000
Brownsville, Gateway Bridge,  Border Station, $3,500,000
Columbia/West Laredo,  New Border Station, $12,991,000
Del Rio, Border Station, $13,042,000
El Paso, Bridge of the Americas, Border Station, $5,291,000
Laredo/Juarez-Lincoln Bridge, Border Station, $25,679,400
Los Indios,  New Border Station, $7,934,000
Ysleta,  New Border Station, $9,044,000
Southwest Border:
New Border Stations, $20,000,000
( 54 ) Page 37, line 5, strike out  [Struck out->][ $271,177,000 ][<-Struck
out]  and insert: $272,777,000, including $1,600,000 for Building No. 6,
World Trade Center, New York, New York: Provided, That by no later than July
30, 1991, the Administrator of General Services shall assess the level of
unobligated balances, if any, in the Federal Buildings Fund and request
reprogramming of such balances, not to exceed $10,000,000, to provide
additional funding for United States-Mexico Border Facility projects
( 55 ) Page 37, line 6, after `ed' insert: further
( 56 ) Page 37, line 16, strike out  [Struck out->][ $1,506,300,000 ][<-Struck
out]  and insert: $1,505,497,000
( 57 ) Page 37, line 20, strike out  [Struck out->][ $242,165,000 for design
and  construction services ][<-Struck out]  and insert: $251,165,000 for
design and construction services of which $9,000,000 shall be available for
payment to a public entity in fiscal year 1991 to house the Bureau of Mines,
the United States Geological Survey and the National Weather Service in
Tucson, Arizona, such location to be designated by the housed agencies and
such agencies are to be housed rent free, exclusive of operating expenses,
in such location;
( 58 ) Page 37, line 21, strike out all after `expended' down to and including
`Control' in line 25
( 59 ) Page 38, line 11, after `Administration' insert: with the exception
of those of Capital Improvements of United States-Mexico Border Facilities;
the Augusta, Georgia, United States Courthouse; the Boston, Massachusetts,
Federal Building United States Courthouse; the Carson City, Nevada, Federal
Building-Post Office parking facility; the Shreveport, Louisiana, Federal
Building and United States Courthouse; the District of Columbia Pension
Building, National Building Museum; the Knoxville, Tennessee, United States
Courthouse-Post Office; the Charleston, West Virginia, Federal Building
United States Courthouse; Building No. 6, World Trade Center, New York,
New York; and the Tuscon, Arizona, United States Geological Survey, National
Weather Service, and Bureau of Mines space expansion
( 60 ) Page 39, line 10, strike out  [Struck out->][ $5,279,209,000 ][<-Struck
out]  and insert: $5,099,606,800
( 61 ) Page 39, line 22, strike out  [Struck out->][ $53,957,000 ][<-Struck
out]  and insert: $52,243,000
( 62 ) Page 40, line 11, strike out  [Struck out->][ $13,386,000 ][<-Struck
out]  and insert: $12,798,000
( 63 ) Page 40, line 23, strike out all after `amended' over to and including
`101-136' in line 2 on page 41
( 64 ) Page 42,  strike out lines 3 to 14,  and insert:
For necessary expenses of agency management of activities under the control
of the General Services Administration, and general administrative and staff
support services not otherwise provided for; for providing accounting,
records management, and other support incident to adjudication of Indian
Tribal Claims by the United States Court of Claims, and services authorized
by 5 U.S.C. 3109; $91,455,000, of which $800,000 shall be available only for,
and is hereby specifically earmarked for personnel and associated costs
in support of Congressional District and Senate State offices: Provided,
That this appropriation shall be available, subject to reimbursement by
the applicable agency, for services performed for other agencies pursuant
to subsections (a) and (b) of section 1535 of title 31, United States Code:
Provided further, That not to exceed $5,000 shall be available for official
reception and representation expenses.
( 65 ) Page 42, line 24, strike out  [Struck out->][ $39,961,000 ][<-Struck
out]  and insert: $39,268,000
( 66 ) Page 43, line 3, strike out  [Struck out->][ $30,997,000 ][<-Struck
out]  and insert: $30,139,000
( 67 ) Page 43, line 18, strike out  [Struck out->][ $1,808,000 ][<-Struck
out]  and insert: $1,964,000
( 68 ) Page 44,  strike out lines 21 to 25
( 69 ) Page 45,  strike out lines 1 to 11
( 70 ) Page 45,  strike out lines 12 to 18
( 71 ) Page 45, line 19, strike out  [Struck out->][ 8 ][<-Struck out]
and insert: 5
( 72 ) Page 46, line 3, strike out  [Struck out->][ 9 ][<-Struck out]
and insert: 6
( 73 ) Page 46, line 19, strike out  [Struck out->][ 10 ][<-Struck out]
and insert: 7
( 74 ) Page 47, line 1, strike out  [Struck out->][ 11 ][<-Struck out]
and insert: 8
( 75 ) Page 47, line 7, strike out  [Struck out->][ 12 ][<-Struck out]
and insert: 9
( 76 ) Page 47,  strike out lines 16 to 21
( 77 ) Page 47, line 22, strike out  [Struck out->][ 14 ][<-Struck out]
and insert: 10
( 78 ) Page 48,  strike out lines 9 to 13
( 79 ) Page 48, after line 13, insert:

31cb2491fa519370c2ca8d0942ff0abb622aab9be197595b2a165bd7acb8b261

pursuant to section 210(f) of the Federal Property and Administrative
Services Act of 1949, as amended (40 U.S.C. 490(f)), is authorized to
receive any revenues, collections, or other income received during fiscal
year 1991 in the form of rebates, cash incentives or otherwise, related to
energy savings, all of which shall remain in the Fund until expended, and
remain available for Federal energy management improvement programs as may
be authorized  by law or as may be deemed appropriate by the Administrator
of General Services. The General Services Administration is authorized
to use such funds, in addition to amounts received  as New Obligational
Authority, in such activity or activities of the Fund as may be necessary.
( 80 ) Page 48, after line 13, insert:

354275c231770318f6c58d9bc9e24093e106bd1a06dcf35f9a292e8b468c41a3

Administration is hereby authorized to sell, at competitive bid, the Federal
Building located at 500 Quarrier Street in Charleston, West Virginia,
and to deposit such proceeds into the Federal Buildings Fund.
( 81 ) Page 48, after line 13, insert:

91d9cf136212fb2b92b2a8d6c36ba458a57b12643f3a69ff2adeab4293cdf05f

of General Services is authorized to sell on such terms and conditions as the
Administrator deems proper, the Federal Building and United States Courthouse
located at 110 South Fourth Street in Minneapolis, Minnesota. All proceeds
from such sale, less direct expenses, shall be deposited into the fund
established under section 210(f) of the Federal Property and Administrative
Services Act, and the General Services Administration is authorized to use
such funds, in addition to amounts received as New Obligational Authority
in the Construction and Acquisition of Facilities activity of the Federal
Buildings Fund for the construction of a new Federal Building and United
States Courthouse in Minneapolis, Minnesota.
(b) In addition, the General Services Administration is hereby authorized to
accept donations from the City of Minneapolis, Minnesota and to deposit
such donations into the fund established under section 210(f) of the
Federal Property and Administrative Services Act, and the General Services
Administration is authorized to use such funds, in addition to the amount
received as New Obligational Authority in the Construction and Acquisition of
Facilities activity of the Federal Buildings Fund for the construction of a
new Federal Building and United States Courthouse in Minneapolis, Minnesota.
(c) There are hereby appropriated, out of the Federal Buildings Fund, such
sums as may be necessary for carrying out the purposes of subsections (a)
and (b).
( 82 ) Page 48, after line 13, insert:

2dbb604923126c61dec30c1177805e820f98dae651d0aec9c67ffce13edaa853

proposals for the procurement of move management services within thirty
days after enactment of this Act.
( 83 ) Page 48, after line 13, insert:

457853131911f66b025b909e219234374cb546b0d49b26b08ba15fa8a08cf8ae

and lease space in the Harlem International Trade Center located at 125th
Street in the county of New York, New York, for future Federal long-term
office space needs in the Metropolitan New York City area up to 200,000
square feet pursuant to the availability of Federal tenants.
The lease rate for such office space shall not exceed comparable rates
for equivalent space in the surrounding area or comparable rates in the
Harlem International Trade Center.
( 84 ) Page 48, after line 13, insert:

bf651a3c6e2fbd9cb6826b0aae3f2d96b213d95645cebac5bcba25cf4cb98546

Administration is directed to maintain during the Fiscal Year ending
September 30, 1991, the vehicle rental rates and per mile rates charged to
schools and dormitories funded by the Bureau of Indian Affairs that were
in effect on June 30, 1990, except for subsequent per mile rate adjustments
related to fuel cost increases.
( 85 ) Page 48, line 21, strike out  [Struck out->][ $139,756,000 ][<-Struck
out]  and insert: $131,469,000
( 86 ) Page 48, line 21, strike out  [Struck out->][ $5,000,000 ][<-Struck
out]  and insert: $6,500,000
( 87 ) Page 48, line 24, strike out all after `expended' over to and including
`Library' in line 2 on page 49
( 88 ) Page 49, after line 2, insert:
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
General Provision

944838d1abd9b3a55c03fe68c936f029d576978267907f900c62c2505967a255

Archives within the National Archives and Records Administration shall be
established without regard to chapter 51 title 5. Effective on the first
day of the first applicable pay period beginning on or after the date of
the enactment of this Act, the basic rate of pay for such position shall be
the minimum rate of pay grade GS-16 of the General Schedule under section
5332 of title 5, United States Code.
(2) There is established within the Center for Legislative Archives within
the National Archives and Records Administration the position of Specialist
in Congressional History. Such position shall be classified at the grade
of GS-13 of the General Schedule on the date of the enactment of this Act,
and may be reclassified thereafter at the grade of GS-14 of the General
Schedule  under the provisions of chapter 51 of title 5, United States Code.
(b) There shall be made available from funds appropriated in each fiscal
year to the National Archives and Records Administration, $20,000 for
the administrative expenses of the Advisory Committee on the Records of
Congress established under section 2701 of title 44, United States Code.
(c) There are authorized to be appropriated such sums as may be necessary
to carry out the purposes of subsections (a) and (b) of this section.
(d)(1) Title 44, United States Code, is amended by inserting after chapter
25, the following new chapter:
`CHAPTER 27--ADVISORY COMMITTEE ON THE RECORDS OF CONGRESS
`Sec.
`2701. Advisory Committee on the Records of Congress.
`2702. Membership; chairman; meetings.
`2703. Functions of the Committee.
`2704. Powers of the Committee.
`2705. Compensation and travel expenses.
`2706. Administrative provisions.
`Sec. 2701. Advisory Committee on the Records of Congress
`(a) There is established the Advisory Committee on the Records of Congress
(hereafter in this chapter referred to as the Committee).
`(b) The Committee shall be subject to the provisions of the Federal
Advisory Committee Act (5 U.S.C. App.), except that the Committee shall
be of permanent duration, notwithstanding any provision of section 14 of
the Federal Advisory Committee Act.
`Sec. 2702.  Membership; chairman; meetings
`(a)(1) The Committee shall consist of the eleven members including--
`(A)(i) the Secretary of the Senate;
`(ii) the Clerk of the House of Representatives;
`(iii) the Archivist of the United States;
`(iv) the Historian of the Senate; and
`(v) the Historian of the House of Representatives; and
`(B) six members of whom one shall be appointed by each of the following:
`(i) the Speaker of the House of Representatives;
`(ii) the Minority Leader of the House of Representatives;
`(iii) the Majority Leader of the Senate;
`(iv) the Minority Leader of the Senate;
`(v) the Secretary of the Senate; and
`(vi) the Clerk of the House of Representatives.
`(2) Each member appointed under paragraph (1)(B) shall have expertise in
United States history or archival management.
`(b) The Secretary of the Senate shall serve as Chairman during the
two-year period beginning on January 1, 1991, and the Clerk of the House
of Representatives shall serve as Chairman during the two-year period
beginning on January 1, 1993. Thereafter, such members shall alternate
serving as Chairman for a term of two years.
`(c)(1) Members of the Committee referred to in subsection (a)(1)(A)
shall serve only while holding such offices. Members appointed to the
Committee under subsection (a)(1)(B) shall serve for a term of two years,
and may be reappointed without limitation. The initial appointments for
such terms shall begin on January 1, 1991.
`(2) Any vacancy on the Committee shall not affect the powers of the
Committee. Any vacancy in an appointed position on the Committee shall be
filled in the same manner in which the original appointment was made.
`(d)(1) No later than thirty days after the date on which the first
session of the 102d Congress begins, the Committee shall hold its first
meeting. Thereafter, the Committee shall meet semi-annually or at the call
of a majority of its members.
`(2) Seven members of the Committee shall constitute a quorum, but a lesser
number may hold hearings.
`Sec. 2703. Functions of the Committee
`The Committee shall--
`(1) review the management and preservation of the records of Congress;
`(2) report to and advise the Congress and the Archivist of the United
States on such management and preservation; and
`(3)(A) no later than December 31, 1991, conduct a study and submit a
report to the Congress on--
`(i) the effect any transfer of records of the National Archives and
Records Administration from facilities located in Washington, D.C., to
any location outside of Washington, D.C., shall have on the management
and preservation of the records of Congress; and
`(ii) the five year plan for the management and preservation of the records
of Congress; and
`(B) no later than December 31, 1995, conduct a study to update the report
submitted under subparagraph (A)(ii), and submit a report to the Congress.
`Sec. 2704. Powers of the Committee
`(a) For purposes of carrying out the duties referred to under section 2703,
the Committee or, on the authorization of the Committee, any subcommittee
or member thereof, may hold such hearings, sit and act at such times and
places, take such testimony, and receive such evidence as is appropriate.
`(b) The Committee may secure directly from any department or agency of
the United States such information as the Committee may require to carry
out the duties referred to under section 2703. Upon request of the Chairman
of the Committee, the head of such department or agency shall furnish such
information to the Committee.
`Sec. 2705. Compensation and travel expenses
`A member of the Committee may not be paid compensation for service performed
as a member of the Committee. However, members of the Committee shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of chapter
57 of title 5, United States Code, while away from their homes or regular
places of business in the performance of service for the Committee.
`Sec. 2706. Administrative provisions
`(a) Upon request of the Committee, the head of any Federal agency is
authorized to detail to the Committee, on a non-reimbursable basis, any
of the personnel of such agency to assist the Committee in carrying out
the duties referred to under section 2703 and such detail shall be without
interruption or loss of civil service status or privilege.
`(b) For purposes of supporting the Committee, the Archivist may obtain the
services of experts and consultants in accordance with the provisions of
section 3109 of title 5, United States Code, but at rates for individuals
not to exceed the daily equivalent of the minimum annual rate of basic pay
payable for GS-16 of the General Schedule under section 5332 of such title.'.
(2) The table of chapters for title 44, United States Code, is amended by
inserting after the item relating to chapter 25 of such title the following:
2701'.
( 89 ) Page 50, line 15, strike out  [Struck out->][ $114,461,000 ][<-Struck
out]  and insert: $113,461,000, of which not less than $250,000 shall be
made available to continue the use of job sharing arrangements in agencies as
authorized in section 3402 of title 5, United States Code, and of which not
less than $1,000,000 shall be made available for establishment of Federal
health promotion and disease prevention programs for Federal employees
( 90 ) Page 53, after line 8, insert:
Office of Personnel Management
GENERAL PROVISION

627f53adccd5582b994c2b57a49847a9fd52613559721736cae23c86afe152ba

(1) by striking out `performed by a clinical psychologist or optometrist'
and inserting in lieu thereof `performed by a clinical psychologist,
optometrist, nurse midwife, or nurse practitioner/clinical specialist'; and
(2) by striking out `qualified clinical social worker or optometrist' and
inserting in lieu thereof `qualified clinical social worker, optometrist,
nurse midwife, or nurse practitioner/nurse clinical specialist'.
( 91 ) Page 58, strike out lines 17 to 20
( 92 ) Page 58, line 21, strike out  [Struck out->][ 510 ][<-Struck out]
and insert: 509
( 93 ) Page 59, line 1, strike out  [Struck out->][ 511 ][<-Struck out]
and insert: 510
( 94 ) Page 59, line 8, strike out  [Struck out->][ 512 ][<-Struck out]
and insert: 511
( 95 ) Page 59, line 13, strike out  [Struck out->][ 513 ][<-Struck out]
and insert: 512
( 96 ) Page 59, line 16, strike out  [Struck out->][ 514 ][<-Struck out]
and insert: 513
( 97 ) Page 60, line 19, strike out  [Struck out->][ 515 ][<-Struck out]
and insert: 514
( 98 ) Page 61, line 1, strike out  [Struck out->][ 516 ][<-Struck out]
and insert: 515
( 99 ) Page 61, line 1, strike out  [Struck out->][ 515 ][<-Struck out]
and insert: 514
( 100 ) Page 61, line 4, strike out  [Struck out->][ 517 ][<-Struck out]
and insert: 516
( 101 ) Page 61, strike lines 8 to 13
( 102 ) Page 61, line 14, strike out  [Struck out->][ 519 ][<-Struck out]
and insert: 517
( 103 ) Page 61, line 20, strike out  [Struck out->][ 1990 ][<-Struck out]
and insert: 1991
( 104 ) Page 61, line 21, strike out  [Struck out->][ 520 ][<-Struck out]
and insert: 518
( 105 ) Page 64, strike out lines 3 to 6, and insert:

691b480b847a404e4a1bd6c1cde80784a850dea143bac96b68ff7655eab86d5b

Department of the Treasury by this or any other Act shall be obligated
or expended to contract out positions in, or downgrade the position
classifications of, members of the United States Mint Police Force and
the Bureau of Engraving and Printing Police Force, or for studying the
feasibility of contracting out such positions.
( 106 ) Page 64, line 7, strike out  [Struck out->][ 522 ][<-Struck out]
and insert: 520
( 107 ) Page 64, line 12, strike out  [Struck out->][ 523 ][<-Struck out]
and insert: 521
( 108 ) Page 65, line 1, strike out  [Struck out->][ 524 ][<-Struck out]
and insert: 522
( 109 ) Page 65, line 19, strike out  [Struck out->][ 525 ][<-Struck out]
and insert: 523
( 110 ) Page 66, strike out lines 1 to 4
( 111 ) Page 66, line 5, strike out  [Struck out->][ 527 ][<-Struck out]
and insert: 524
( 112 ) Page 66, strike out all after line 12, over to and including line
3 on page 67, and insert:

ee827db1c502fbd98777fc54d82d420e6ffc3f5a129bc2ccf9a07146c10d0a7c

(1) the Attorney General may accept, and Federal departments and agencies,
including the United States Secret Service, the Internal Revenue Service,
the Resolution Trust Corporation, and the appropriate Federal banking
agency, may provide, without reimbursement, the services of attorneys,
law enforcement personnel, and other employees of any other departments or
agencies of the Federal Government to assist the Department of Justice,
subject to the supervision of the Attorney General, in the investigation
and prosecution of fraud or other criminal or unlawful activity in or
against any federally insured financial institution or the Resolution
Trust Corporation; and
(2) any attorney of a department or agency whose services are accepted
pursuant to paragraph (1) may, subject to the supervision of the Attorney
General, conduct any kind of legal proceeding, civil or criminal, including
grand jury proceedings and proceedings before committing magistrates, and
perform any other investigative or prosecutorial function, which United
States attorney are authorized by law to conduct or perform, whether or
not the attorney is a resident of the district in which the proceeding is
brought; and
(3) any law enforcement personnel of the United States Secret Service
whose services are accepted pursuant to paragraph (1) may, subject to
the supervision of the Attorney General, conduct or perform any kind of
investigation, civil or criminal, which the Department of Justice law
enforcement personnel are authorized by law to conduct or perform.
(b) This section--
(1) shall not, except as expressly provided herein, alter the authority
of any Federal law enforcement agency; and
(2) shall expire coterminously with the authority of the Resolution Trust
Corporation or six years from the date of enactment of this section,
whichever date occurs earlier, except that the Attorney General may extend
the authority conferred herein as he deems appropriate.

afae97f27d2983b8331a0769640a418e28bcb843a4611752d4f37fa2b6e101fe

Sections 526 to 596 may be cited as the `Federal Pay Reform Act of 1990'.
TABLE OF CONTENTS

d52ecf1f0f290407f8a09d2ec0dd1136c609e4ef24eff564d492d3cf4417f800

Subtitle A--Federal Pay Comparability Reform and Locality-Based Pay Adjustments

7cf50b1a5ac01acecb1ba6a27a5a6c3ce801fe9895e4207c4628130678eec262

Subtitle B--Miscellaneous Federal Pay Reform Provisions

113c0c657fdc0bc56157ddeb29f05ca0f490ecfe196bc888540a417c4e213861

ceaa82f49d3892759386068e69f30ad99ae4f7d0ea6c398867d61b3e31af398c

2f9baad4436396040b0df97201cf9923475a6d7315e644fc0e99acf357ad4a11

a99251cdb19edbc547fd382d2073067b7f3844d3d7c084a3ee897b330094e6c7

Subtitle C--Administrative Office of the United States Courts Personnel

3a1e587ee798d326dc819815477d0f296bd37f203c91eec3a16869ef16688843

c4a0ce43c3752c72d49c03a5ea43844d32c91ce085c2dda6796e9f7a329ad939

Subtitle E--Technical and Conforming Amendments

c0e90f9c57ae8cb90a31df8980c2acfeb2230e3f9832189eee380bb2b7f89d40

ae44ab1459aadeb06f664331d4e5cd6f400e8f4fa238a7ef5019eebe21fe5df1

Section 5301 of title 5, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1) by inserting `within each pay area' after `work';
(B) in paragraph (2) by inserting `within each pay area' after `maintained';
and
(C) in paragraph (3) by striking out `pay rates for the same levels of
work' and inserting in lieu thereof `and State and local government pay
rates for the same levels of work within each pay area'; and
(2) in subsection (c)--
(A) in paragraph (2) by striking out `or' at the end thereof;
(B) in paragraph (3) by striking out the period and inserting in lieu
thereof a semicolon and `and'; and
(C) by adding at the end thereof the following new paragraph:
`(4) chapter 54 of this title, relating to the performance management and
recognition system.'.

529a1729625fd7d7e6babb786ce4ff4b4dacc7e0c95626301bd8d516edd53bdd

Chapter 53 of title 5, United States Code, is amended by inserting after
section 5301 the following new section:
`Sec. 5302. Locality-based adjustments
`(a) Locality-based pay adjustments shall be determined by the pay agent,
referred to under section 5305, based on pay relative data determined
by the Bureau of Labor Statistics under section 5305 for positions under
statutory pay systems including professional, administrative, technical,
clerical, and other positions (including law enforcement officers). The
adjustments shall be paid in wage areas surveyed by the Bureau of Labor
Statistics and shall apply to each employee in a statutory pay system as
defined under section 5301(c) whose permanent duty station is within the
boundaries of the applicable wage area. An employee whose permanent duty
station is not located within the boundaries of wage area surveyed by the
Bureau of Labor Statistics shall receive that locality-based pay adjustment,
if any, payable to employees in the nearest wage locality.
`(b) For purposes of pay retention under section 5363 of this title, that
portion of a pay rate based on locality-based adjustments shall not be a
rate of basic pay, if an employee transfers to a locality with a differing
locality-based pay rate. Locality-based pay rates shall be part of basic
pay for all other purposes, including retirement, life insurance, lump-sum
leave payments, and severance pay.'.

22f1fc41cb0ee055c3f949cea0e20a8b2cda3039fe888bfee57a5f4fe9f8ba4f

Section 5303 of title 5, United States Code, is amended to read as follows:
`Sec. 5303. Higher minimum rates; Presidential authority
`(a) Whenever the President finds that the Government's recruitment or
retention efforts with respect to 1 or more occupations in 1 or more areas
or locations are significantly handicapped, due to any of the circumstances
described in subsection (b), he may establish for the areas or locations
involved, with respect to individuals in positions paid under any of
the pay systems referred to in subsection (c), higher minimum rates of
basic pay for 1 or more grades or levels, occupational groups, series,
classes, or subdivisions thereof, and may make corresponding increases in
all step rates of the pay range for each such grade or level (including
under an alternative pay schedule). However, a minimum rate so established
may not exceed 160 percent of the minimum pay rate prescribed by statute
(or established under an alternative pay schedule, if applicable) for the
grade or level. The President may authorize the exercise of the authority
conferred on him by this section by the Office of Personnel Management or,
in the case of individuals not subject to the provisions of this title
governing appointments in the competitive service, by such other agency
as he may designate.
`(b) Authority under subsection (a) may be exercised if the Government's
efforts to recruit or retain well-qualified individuals are significantly
handicapped by--
`(1) the remoteness of the area or location involved;
`(2) the undesirability of the working conditions or the nature of the
work involved (including exposure to toxic substances or other occupational
hazards); or
`(3) any other circumstances which the President (or an agency duly
authorized or designated by the President in accordance with the last
sentence of subsection (a)) considers appropriate.
`(c) Authority under subsection (a) may be exercised with respect to
positions paid under--
`(1) a statutory pay system; or
`(2) any other pay system established by or under Federal statute for
civilian positions within the executive branch.
`(d) Within the limitations applicable under the preceding provisions of
this section, rates of pay established under this section may be revised
from time to time by the President or by such agency as he may designate. The
actions and revisions have the force and effect of statute.
`(e) An increase in a rate of pay established under this section is not
an equivalent increase in pay within the meaning of section 5335 and may
not be considered part of basic pay of an employee.
`(f) The rate of basic pay established under this section and received
by an individual immediately before a statutory increase, which becomes
effective prior to, on, or after the date of enactment of the statute, in
the pay schedule applicable to such individual of any pay system referred to
in subsection (c), shall be initially adjusted, effective on the effective
date of the statutory increase, under conversion rules prescribed by the
President or by such agency as the President may designate.
`(g) The Office of Personnel Management may make appropriate locality-based
adjustments under section 5302 for any position for which a rate of pay is
established under this section, except any such adjustment may not exceed
the minimum rate limitation under subsection (a).'.

6420392c141362a8a7ac30a73dbb49242251091cdd61ef67da5347b128234af8

Section 5304 of title 5, United States Code, is amended--
(1) by amending paragraph (1) to read as follows:
`(1) reviewing and reporting to the President biennially the comparison
of Federal pay rates with pay rates in private enterprise and State and
local governments;';
(2) in paragraph (2) by striking out `annual comparison' and inserting in
lieu thereof `annual general adjustment and locality-based adjustments'; and
(3) in paragraph (4) by inserting `and State and local government' after
`enterprise'.

0649a92ee1e47a1bc80d9447bea1281a6e97cf9a71aba6adcafee34b63db7abd

(a) ADJUSTMENTS- Section 5305 of title 5, United States Code, is amended
by striking out subsections (a) through (k) and inserting in lieu thereof:
`(a)(1) In order to carry out the policy stated in section 5301 of this
title, the President shall--
`(A) direct the Bureau of Labor Statistics to determine in each fiscal
year the increase in wages or salaries as reflected by the employment
cost index (wages and salaries, white-collar occupations excluding sales)
based on information for the preceding 12-month period ending on September
30 of each year; and
`(B) direct the Bureau of Labor Statistics to determine pay relative data
for each locality surveyed by examining a broad representation of positions
in professional, administrative, technical, clerical, and other positions.
`(2) A pay relative shall be the average earnings in a locality expressed
as a percentage of the average earnings in all wage areas combined. The wage
areas surveyed shall be those areas determined by such agent as the President
considers appropriate, in consultation with the Bureau of Labor Statistics
and shall be limited to those areas located within the conterminous United
States and shall not include Alaska, Hawaii, or areas outside the United
States. Each wage area shall be surveyed at least once every 2 years.
`(b) No later than November 1 of each year, the Bureau of Labor Statistics
shall submit a report of the determinations made under subsection (a)
to the pay agent referred to under subsection (a).
`(c)(1) No later than December 31 of each year, the pay agent referred
to under subsection (a) shall report to the President and the Congress
the annual general adjustment which shall be that percentage adjustment
to statutory pay rates which equals the increase in the employment cost
index. The pay agent shall also report locality adjustments necessary
to reflect the pay relative data determined by the Bureau of Labor
Statistics. No locality adjustment shall be reported for any wage area where
the pay relative is 1.0 or less. Such adjustments shall be included in the
budget next transmitted under section 1105(a) of title 31, United States
Code by the President to the Congress after the date of the submission of
the agent's report.
`(2) The employment cost index adjustment described under paragraph (1)
shall be rounded to the nearest tenth of a percent. The locality-based
adjustment described under paragraph (1) shall be rounded to the nearest
tenth of a percent.
`(d) Except as provided in subsection (e) of this section, the President
shall make adjustments in the rates of pay of each statutory pay system
equal to the sum of the general annual adjustment and any locality-based
adjustment figures as reported under subsection (c) of this section and in
accordance with the principles of section 5301(a) of this title, effective
as of the beginning of the first applicable pay period beginning on or
after October 1 of the applicable year.
`(e) If the President determines that national emergency or serious economic
conditions affecting the general welfare require that the annual general
adjustment and the locality adjustments be held below the levels described
in subsection (c), the President shall prepare and report that determination
to the Congress in the budget transmittal described in subsection (c). In
evaluating an economic condition affecting the general welfare under
this subsection, the President shall consider pertinent economic measures
including, but not limited to, the Indexes of Leading Economic Indicators,
the Gross National Product, the unemployment rate, the budget deficit, the
Consumer Price Index, the Producer Price Index, the Employment Cost Index,
and the Implicit Price Deflator for Personal Consumption Expenditures. The
President shall include in the report to Congress under this subsection
his assessment of the impact that holding the general adjustment and the
locality adjustments below the levels described in subsection (c) will have
on the Government's ability to recruit and retain well-qualified employees.'.
(b) REDESIGNATIONS- Section 5305 of title 5, United States Code, is amended--
(1) by redesignating subsection (l) as subsection (f);
(2) by striking out subsection (m); and
(3) by redesignating subsections (n) through (r) as subsections (g) through
(k), respectively.

d8f09ee439abe9730d44d9dae687a6ebd40d802f24a29c22edaae5b3846b99b4

Section 5306 of title 5, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
`(a)(1) The President shall establish a Federal Pay Council of 9 members,
of whom--
`(A) 3 shall be chosen from among persons generally recognized for their
impartiality, knowledge, and experience in the field of labor relations
and pay policy; and
`(B) 6 shall be representatives of employee organizations which represent
substantial numbers of employees holding General Schedule positions,
and who shall be selected with due consideration to such factors as the
relative numbers of employees represented by the various organizations,
except that not more than 3 members of the Council at any one time shall
be from a single employee organization, council, federation, alliance,
association, or affiliation of employee organizations.
`(2) Members of the Council who are not otherwise employees of the United
States shall neither receive pay nor be considered to be employees by
reason of service as such members.
`(3) The pay agent, referred to under section 5305, shall--
`(A) provide for meetings with the Council and give thorough consideration
to the views and recommendations of the Council and the individual views
and recommendations, if any, of the members of the Council regarding--
`(i) the establishment or modification of pay localities;
`(ii) the coverage of the annual survey conducted by the Bureau of
Labor Statistics under section 5305(a) (including, but not limited to,
the occupations, establishment sizes, and industries, to be surveyed,
and how pay localities are to be surveyed); and
`(iii) the process of comparing the rates of pay payable under the General
Schedule with rates of pay for the same levels of work performed by
non-Federal workers;
`(B) give thorough consideration to the views and recommendations of employee
organizations not represented on the Council regarding the subjects in
subparagraph (A); and
`(C) include in its report to the President the views and recommendations
submitted as provided in this subsection by the Council, by any member of
the Council, and by employee organizations not represented on the Council.';
(2) by striking out subsection (b);
(3) by redesignating subsection (c) through (f) as subsections (b) through
(e), respectively;
(4) in subsections (b) through (e) (as redesignated in paragraph (3))
by striking out `Committee' each place it appears and inserting in lieu
thereof `Council' in each such place; and
(5) by striking out subsections (g) and (h) and inserting in lieu thereof:
`(f) The Council may appoint and fix the pay of such personnel as may be
necessary to carry out its function, except such personnel may not exceed
20 persons. One such person may be an Executive Director whose rate of pay
may not exceed the annual rate of basic pay of level V of the Executive
Schedule.'.

2d49fb04fcbbae1a0caa437c3f9c72ae1e127e7625b2f6468fde5e574ebe9cb3

Section 5308 of title 5, United States Code, is amended to read as follows:
`Sec. 5308. Pay limitation
`Except for locality-based adjustments alone or in combination with rates
set under section 5303, pay may not be paid, by reason of any provision of
this subchapter, at a rate in excess of the rate of basic pay for level V
of the Executive Schedule. Pay adjusted in accordance with this subchapter,
including any locality-based adjustment, may not exceed the rate of basic
pay for level II of the Executive Schedule.'.

12b4016589a84c97e08da4154be10892e07aecb813bbce11ae1347c811d70438

Subchapter I of chapter 53 of title 5, United States Code, is amended by
adding at the end thereof the following new section:
`Sec. 5309. Critical-position pay authority
`(a) The Director of the Office of Personnel Management, in consultation
with the Director of the Office of Management and Budget, may, from time
to time, allocate and reallocate among the departments and agencies of
the executive branch, critical-position pay authority for not to exceed
a Government-wide total of 800 positions.
`(b) The head of an agency that receives an allocation of critical-position
pay authority may exercise such authority for not to exceed the number of
positions for which authority is received from the Director of the Office
of Personnel Management under subsection (a).
`(c) For purposes of this section, `critical-position pay authority' means
the authority for the head of an agency, notwithstanding any other law,
including any provision of this chapter, to fix the rate of basic pay for
any position which such agency head determines to be a critical position
at an annual rate that does not exceed the rate in effect for level I
of the Executive Schedule, except that the aggregate annual amount paid
(including any allowance, bonus, award, or other direct compensation) to
an employee under this section during any fiscal year may not exceed the
annual rate payable for positions at level I of the Executive Schedule in
effect at the end of such fiscal year.
`(d) Critical-position pay authority for a position may be reexercised when
a position becomes vacant and is refilled only upon a redetermination by the
agency head that the position remains a critical position within the meaning
of this section. Such authority may be reexercised only if the allocation
made by the Director of the Office of Personnel Management required for
such exercise under subsection (a) is reconfirmed by the Director of the
Office of Personnel Management at the time of such reexercise.
`(e) In determining whether a position is a critical position to which
this section shall apply, the head of the agency shall consider--
`(1) the extent to which the position requires expertise of an extremely
high level in a scientific, technical, professional, or administrative field;
`(2) the extent to which additional compensation is necessary to recruit
or retain exceptionally qualified individuals; and
`(3) the extent to which the position is critical to the agency's successful
accomplishment of an important mission.
`(f)(1) The Office of Personnel Management shall establish a Critical
Position Advisory Panel to make recommendations on--
`(A) the criteria that should be used to determine which positions should
be critical positions; and
`(B) the qualifications that should be expected of individuals assigned
to critical positions.
`(2) The panel shall be composed of members with exceptional expertise
and experience in management, administration, and personnel matters.
`(g) On October 1 of each year, the Office of Personnel Management shall
submit a report to the Congress listing all critical-pay positions in
the Government.'.

283c3b3e6cef91c9325428a979f9bfa5b4b853617efd59df0d775b8b125adab8

(a) REPORT ON LOCALITY-BASED ADJUSTMENTS FOR CERTAIN EMPLOYEES- Within
2 years after the date of the enactment of this title, the pay agent,
referred to under section 5305 of title 5, United States Code, shall
report to the President and the Congress on the feasibility of including
within the scope of the locality-based adjustment plan those employees
who are stationed outside the continental United States or in Alaska who
receive allowances based on living costs and conditions of environment
under section 5941 of title 5, United States Code.
(b) REPORT ON ADJUSTMENTS RELATING TO EMPLOYMENT PERFORMANCE- Within 2
years after the date of the enactment of this title, the pay agent referred
to under section 5305 of title 5, United States Code, shall report to the
President and the Congress on the feasibility of linking all or part of
the annual adjustments and locality-based adjustments to the employee's
on-the-job performance.
(c) REPORT ON OTHER PLANS- Within 3 years following implementation of
the pay increases for fiscal year 1992, the pay agent shall submit a plan
to the President and the Congress to close any remaining differences in
Federal pay in comparison with private enterprise and State and local
government pay rates.
(d) REPORTS ON SEPARATE PAY SYSTEMS- Within 2 years after the date of the
enactment of this title, the pay agent shall report on the desirability
of establishing separate pay systems for certain occupations.
(e) SPECIAL OCCUPATIONAL PAY SYSTEM- Notwithstanding the provisions
of subsection (d), the President's Pay Agent shall establish a special
occupational pay system consistent with chapter 53 of title 5, United States
Code, for law enforcement officer positions (as defined by the President's
Pay Agent) that would otherwise be subject to chapter 51 of such title.

067eaa3ffaa338f627428a7b7efe077c7e6cf38f1b53148260c9d66608d08da4

In the implementation of the amendments made under this subtitle for the
fiscal year beginning on October 1, 1991, the Bureau of Labor Statistics
may use pay relative and locality data from commercially available sources,
as necessary.

aa4107cde7a7caad1d843d41b5f13ffc0ec3ab9f6c3ea40d8b7fa777613aba80

The provisions of this subtitle and amendments made by this subtitle shall
take effect on October 1, 1990, and the annual general adjustment and any
locality-based adjustments under such amendments shall take effect on the
first applicable pay period beginning on or after October 1, 1991. The
provisions of title 5, United States Code (before the amendments made by
this subtitle) shall apply for pay adjustments made under section 5305 of
such title before October 1, 1991.
Subtitle B--Miscellaneous Federal Pay Reform Provisions

3e86eab5c80ca5bcfa9fd72f64bb1075e5bf6bbb6236c1574692f6a31bf3dcb3

Section 2301(b)(3) of title 5, United States Code, is amended by striking
out `employers in the private sector' and inserting in lieu thereof
`non-Federal employers'.

bc79342234e8e8dc4eea38888bc03a67e95a65b7bc9e2439db547057e2ca71ac

Section 4502 of title 5, United States Code, is amended by adding at the
end thereof the following new subsection:
`(e) The Office of Personnel Management may by regulation permit agencies
to grant employees time off duty, without loss of pay or charge to leave,
as an award in recognition of superior accomplishment or other personal
effort that contributes to the quality, efficiency, or economy of Government
operations. Such time off duty may not exceed 5 working days in any calendar
year for any employee.'.

5edf82357e797a0820f2b10c9c34b97292799b37add2271fd85f4e9e9c050f75

Section 5108 of title 5, United States Code, is amended--
(1) in the heading by striking out `at GS-16, 17, and 18' and inserting
in lieu thereof `above GS-15';
(2) in subsection (a)--
(A) in clause (i) by striking out `GS-16, 17, and 18' and inserting in
lieu thereof `a position above GS-15'; and
(B) in the sentence immediately following clause (iii) by striking out
`in GS-16, 17, or 18,' and inserting in lieu thereof `above GS-15,';
(3) in subsection (b)--
(A) in paragraph (1) by striking out `in GS-16, 17, and 18' and inserting
in lieu thereof `above GS-15'; and
(B) in paragraph (2) by striking out `GS-16, 17, and 18' and inserting in
lieu thereof `above GS-15'; and
(4) in subsection (c)--
(A) by striking out paragraph (1);
(B) by redesignating paragraph (2) as paragraph (1) and striking out `in
GS-16, 17, and 18' and inserting in lieu thereof `above GS-15' in such
paragraph; and
(C) by redesignating paragraph (3) as paragraph (2) and striking out `GS-16,
17, and 18' and inserting in lieu thereof `above GS-15' in such paragraph.

a74ce3201dbd9f79ba23cca520932bdc13ea5d03a9559530525414057d08faae

SENIOR GENERAL SCHEDULE POSITIONS.
Chapter 53 of title 5, United States Code is amended by inserting after
section 5309 (as added by section 538 of this title) the following new
sections:
`Sec. 5310. Recruitment and relocation bonuses
`(a) The Office may authorize the head of an agency to pay a bonus to an
employee who is newly appointed to a position under the General Schedule, or
to an employee under the General Schedule or under any other pay authority
in the executive, legislative, or judicial branch, who is required to
relocate to accept a position under the General Schedule, if the Office
determines that the agency would be likely, in the absence of such a bonus,
to encounter difficulty in filling the position.
`(b)(1) The amount of a bonus under this section shall be determined by
regulations of the Office, but may not exceed 25 percent of the annual
rate of basic pay of the position to which the employee is being appointed
or relocated.
`(2) Payment of a bonus under this section shall be contingent upon the
employee entering into an agreement with the agency to complete a period of
employment with the agency, with the required period determined pursuant to
regulations of the Office. If the employee voluntarily fails to complete
such period of service or is separated from the service before completion
of such period of service for cause on charges of misconduct or delinquency,
the employee shall repay the bonus on a pro rate basis.
`(3) A bonus under this section shall be paid as a lump sum, and may not
be considered to be part of the basic pay of an employee.
`(4) Under regulations of the Office, a recruitment bonus may be paid to
a newly-hired employee before the employee enters on duty.
`(c)(1) The Office shall prescribe such regulations as it considers
necessary for the administration of this section.
`(2) If a labor organization representing employees of an agency under
the General Schedule has been accorded exclusive recognition under section
7111 or has been granted national consultation rights under section 7113,
the agency shall consult with that labor organization on any criteria the
agency will use at the level of recognition for determining eligibility
for and the amount of relocation bonuses under this section.
`Sec. 5310A. Retention allowances
`(a) The Office may authorize the head of an agency to pay an allowance
to an employee under the General Schedule, if--
`(1) the unusually high or unique qualifications of the employee or a
special need of the agency for the employee's services make it essential
to retain the employee; and
`(2) the agency determines that the employee would be likely to leave in
the absence of a retention allowance.
`(b)(1) A retention allowance, which shall be stated as a percentage of
the rate of basic pay of the employee, may not exceed 25 percent of such
rate of basic pay.
`(2) A retention allowance may not be considered to be part of the basic pay
of an employee, and the reduction or elimination of a retention allowance
may not be appealed.
`(3) A retention allowance shall be paid in the same manner and at the
same time as the employee's basic pay is paid.
`(c)(1) The Office shall prescribe such regulations as it considers
necessary for the administration of this section.
`(2) If a labor organization representing employees of an agency under
the General Schedule has been accorded exclusive recognition under section
7111 or has been granted national consultation rights under section 7113,
the agency shall consult with that labor organization on any criteria the
agency shall use at the level of recognition in determining eligibility
for and the amount of allowances under this section.
`Sec. 5310B. Pay for senior General Schedule positions
`(a)(1) This section applies to employees in--
`(A) positions that are classified above GS-15 under section 5108, but
that are not--
`(i) Senior Executive Service positions under section 3132; or
`(ii) positions in the Federal Bureau of Investigation and the Drug
Enforcement Administration Senior Executive Service under section 3151; and
`(B) scientific and professional positions established under section 3104.
`(2) An employee paid under this section shall not be covered by sections
5302, 5303, and 5304, but shall be subject to the other provisions of
this subchapter.
`(b) Subject to regulations and criteria prescribed by the Office of
Personnel Management, the head of an agency may set the rate of basic pay
of a position to which this section applies at not less than 120 percent
of the minimum rate for GS-15 nor more than the rate for level IV of the
Executive Schedule.
`Sec. 5310C. Bar to judicial review
`There shall be no judicial review of matters entrusted to the discretion
of the President, the pay agent, or the Office of Personnel Management
under this subchapter or under section 5372 or 5382.'.

7613feb145b4dba40d0cc0346b44dfffc777f5522df798625f1d414ccbea8cf9

Section 5333(a) of title 5, United States Code, is amended by striking out
`in GS-11 or above' and inserting in lieu thereof `in the General Schedule
or other statutory pay system'.

1b225273a254e39ab261b5ed50024608a6694ca569b3ce15792017386d43e7d7

(a) IN GENERAL- Section 5372 of title 5, United States Code, is amended
to read as follows:
`Sec. 5372. Administrative law judges
`(a)(1) The President shall, in his sole discretion, establish and from
time to time adjust 3 or more rates of basic pay for administrative law
judges, of which the minimum rate may not be less than 120 percent of the
minimum rate for GS-15, as in effect from time to time, and the maximum
rate may not be more than the rate for level IV of the Executive Schedule,
as in effect from time to time.
`(2) The rates of basic pay that are established and adjusted under this
subsection shall be printed in the Federal Register and shall supersede
any prior rates of basic pay for administrative law judges.
`(b) The Office of Personnel Management shall determine, in its sole
discretion, at which rate of basic pay each administrative law judge
shall be paid. In making such determination, the Office shall consider
the complexity and variety of the cases assigned to the administrative law
judge, and any administrative responsibilities of the administrative law
judge, and may consider the administrative law judge's length of service
as an administrative law judge. Notwithstanding section 1104(a)(2), this
authority may not be delegated to the head of any agency.
`(c) The Office of Personnel Management shall prescribe such regulations
as it considers necessary for the administration of this section.'.
(b) LIMITATION ON PAY- Section 5373 of title 5, United States Code, is
amended by striking out `maximum rate for GS-18' and inserting in lieu
thereof `rate for level IV of the Executive Schedule'.

44766fe8af73a16a3733bf166c41b26d0deb0094b73b1beac0433b9df838b79f

SCHEDULE PAY ADJUSTMENT.
Section 5382(c) of title 5, United States Code, is amended to read as
follows:
`(c) Subject to subsection (b), effective at the beginning of the first
applicable pay period commencing on or after the effective date of an
adjustment in the rates of basic pay of the General Schedule or of the
rates of pay of the Executive Schedule, each rate of basic pay for the
Senior Executive Service shall be adjusted by an amount determined by the
President in his sole discretion to be appropriate.'.

51f79302f29ba796ef4492366554b161d3149d270e25483ced304c9d326d0d93

Section 5522 of title 5, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d);
(2) by inserting after subsection (b) the following:
`(c) Under regulations prescribed by the Office of Personnel Management, an
agency may provide for the advance payment of basic pay, covering not more
than 2 pay periods, to any individual who is newly appointed to a position
in the agency and who has to relocate to accept such appointment.'; and
(3) in subsection (d), as redesignated, by striking out `subsection (a)'
both times it occurs and inserting in lieu thereof `subsection (a) or (c)'.

fea6a79438d2b13b817596679472c2a3a1f68b67a4e8d3e48fea12ade93c9662

Subchapter V of chapter 55 of title 5, United States Code, is amended--
(1) in section 5542 by adding at the end thereof the following new
subsection:
`(c) This section shall not apply to an employee who is subject to the
overtime pay provisions of section 7 of the Fair Labor Standards Act of 1938.
In the case of an employee who would, were it not for the preceding sentence,
be subject to this section, hours of work in excess of 8 hours in a day
shall be deemed to be overtime hours for the purposes of such section 7
and hours in a paid non-work status shall be deemed to be hours of work.';
(2) in section 5544 by adding at the end of subsection (a) `This section,
other than the sixth sentence, shall not be applicable to an employee who
is subject to the overtime pay provisions of section 7 of the Fair Labor
Standards Act of 1938. In the case of an employee who would, were it not
for the preceding sentence, be subject to this section, hours of work in
excess of 8 hours in a day shall be deemed to be overtime hours for the
purposes of such section 7 and hours in a paid non-work status shall be
deemed to be hours of work.';
(3) in section 5545(d)--
(A) by striking out `irregular or intermittent'; and
(B) by amending paragraph (1) to read as follows:
`(1) may apply to an employee in a position which by its nature inherently
involves physical hardship or hazard only if the Office determines such
application to be appropriate; and'; and
(4) in section 5547 by amending subsection (b) to read as follows:
`(b)(1) Subject to regulations prescribed by the Office of Personnel
Management, the provisions of the first sentence of subsection (a) shall
not apply to an employee who is paid premium pay by reason of work on, or
in support of, an emergency involving a direct threat to life or property,
including a forest wildlife emergency.
`(2) Notwithstanding paragraph (1), no employee (other than an employee
subject to the second sentence of subsection (a)) may be paid premium pay
under sections 5542, 5545 (a), (b), and (c), and 5546 (a) and (b) to the
extent that the aggregate of basic and premium pay for such employee for
the aggregate of all pay periods in any calendar year would otherwise
exceed the maximum annual rate of basic pay for GS-15 in effect at the
end of such calendar year.'.

f762316fe20805180c913515eb3fb2d9b180f78cc8e2749f7d96755e3c76e77e

Chapter 57 of title 5, United States Code, is amended--
(1) in section 5703--
(A) in the section heading by inserting after `pay' the following: `;
interview expenses'; and
(B) by adding at the end thereof the following: `An individual being
considered for employment by an agency may be paid travel or transportation
expenses under this subchapter to travel to and from pre-employment
interviews determined necessary by the agency.';
(2) in section 5723--
(A) in the section heading by striking out `; manpower shortage positions';
and
(B) in subsection (a) by amending paragraph (1) to read as follows:
`(1) travel expenses of a new appointee or a student trainee when assigned
on completion of college work; and';
(3) by repealing section 5752; and
(4) in the table of sections for such chapter--
(A) by amending the item relating to section 5703 to read as follows:
`5703. Per diem, travel, and transportation expenses; experts and consultants;
individuals serving without pay; interview expenses.';
(B) by amending the item relating to section 5723 to read as follows:
`5723. Travel and transportation expenses of new appointees and student
trainees.';
and
(C) by striking out the item relating to section 5752.

047409c0d1cb7bc87501d023b53af13fd324320c8788cb27321c0ee0b5380b9f

Subchapter I of chapter 59 of title 5, United States Code, is amended--
(1) in section 5901(a) by striking out `$125' each place it appears and
inserting in lieu thereof `$400';
(2) by amending section 5902 to read as follows:
`Sec. 5902. Increase in maximum uniform allowances
`Notwithstanding section 5901, the Office of Personnel Management may
from time to time, by regulation, adjust the maximum amount for the cost
of uniforms and the maximum allowance for uniforms under section 5901,
and such adjustment shall also adjust the amount prescribed under the
first sentence of section 5901.'; and
(3) by amending section 5903 to read as follows:
`Sec. 5903. Regulations
`The Office of Personnel Management may prescribe such regulations as it
considers necessary for the administration of this subchapter.'.

26dc10bdd8a30f1c14548f69c6443e13d2cafec5aa07568e938b3b61fbc7432b

Section 5948(d) of title 5, United States Code, is amended--
(1) by striking `September 30, 1990' and inserting in lieu thereof
`September 30, 1995'; and
(2) by striking `September 30, 1992' and inserting in lieu thereof
`September 30, 1997'.

094ca9309773065b5644bc2910e998fc7e1b335a9fad790848606e6b89b7b797

(a) CIVIL SERVICE RETIREMENT SYSTEM RETIREES- Section 8344 of title 5,
United States Code, is amended by adding at the end thereof the following
new subsection:
`(i) The Director of the Office of Personnel Management may, at the request
of the head of an Executive agency, waive the application of the provisions
of this section on a case-by-case basis to fill vacancies in scientific,
technical, professional, or administrative positions for which there is
exceptional difficulty in recruiting qualified applicants. An employee to
whom such waiver applies shall not be deemed an employee for the purposes of
chapter 83 or 84 while such waiver is in effect. The Office shall prescribe
regulations establishing criteria for the exercise of this authority.'.
(b) FEDERAL EMPLOYEES RETIREMENT SYSTEM RETIREES- Section 8468 of title 5,
United States Code, is amended by adding at the end thereof the following
new subsection:
`(f) The Director of the Office of Personnel Management may, at the request
of the head of an Executive agency, waive the application of the provisions
of this section on a case-by-case basis to fill vacancies in scientific,
technical, professional, or administrative positions for which there is
exceptional difficulty in recruiting qualified applicants. An employee to
whom such waiver applies shall not be deemed an employee for the purposes of
chapter 83 or 84 while such waiver is in effect. The Office shall prescribe
regulations establishing criteria for the exercise of this authority.'.
(c) ADMINISTRATION BY THE OFFICE OF PERSONNEL MANAGEMENT- In the
administration of the provisions of sections 8344(i) and 8468(f) of title
5, United States Code (as added by the amendments under this section)
the Office of Personnel Management shall ensure that the combined number
of waivers granted under such sections shall not apply to more than 1,250
positions at any time.

ed1671bedc2f91d1bab409961c566fa9e7cd77ec72c69cf71607e73ba85e603e

UNITED STATES CODE.
(a) COMPENSATION- Section 586(e)(1)(A) of title 28, United States Code,
is amended to read as follows:
`(A) a maximum annual compensation for such individual consisting of--
`(i) an amount not to exceed the highest annual rate of basic pay in effect
for level V of the Executive Schedule; and
`(ii) the cash value of employment benefits comparable to the employment
benefits provided by the United States to individuals who are employed by
the United States at the same rate of basic pay to perform similar services
during the same period of time; and'.
(b) APPLICATION TO ALL STANDING TRUSTEES- The amendment made by subsection
(a) shall apply to any trustee to whom the provisions of section 302(d)(3) of
the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy
Act of 1986 (Public Law 99-54; 100 Stat. 3121) apply.

55538f6c6c7cfa05c6e9b2c91152862bfdaaaccb0145d05670aed7a626b07baa

(a) Section 1009 of title 37, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
`(a) Effective on October 1, 1991, and on the first day of October of each
year thereafter, the President shall make an adjustment, by a percentage
determined by the President, in the current rates of--
`(1) the monthly basic pay authorized members of the uniformed services
pursuant to section 203(a) of this title;
`(2) the basic allowance for subsistence authorized members of the uniformed
services pursuant to section 402 of this title; and
`(3) the basic allowance for quarters authorized members of the uniformed
services pursuant to section 403(a) of this title.';
(2) in subsection (b) by striking out paragraphs (1), (2), and (3) and
inserting in lieu thereof:
`(1) be based on the rates of the various elements of compensation as defined
in, or made under, section 402 or 403 of this title, or this section; and
`(2) subject to subsections (c) and (d) of this section, provide all
eligible members with the same overall percentage increase in each element
of compensation set forth in subsection (a) of this section.';
(3) in subsections (c) (1) and (2) and subsection (d)(2)(A) by striking out
`subsection (b)(3)' each place that it appears and inserting in lieu thereof
`subsection (b)(2)';
(4) in subsection (d)(2)(B) by striking out `in the General Schedule
rates of basic pay for civilian employees' and inserting in lieu thereof
`described in subsection (b)(2) of this section'; and
(5) by adding at the end thereof the following new subsection:
`(g) Basic pay authorized for members of the uniformed services may not
be paid at a rate in excess of the rate of basic pay payable for level V
of the Executive Schedule under title 5.'.

93ecef7328c7b952ca8aa4f77d1b940c46d9e453d91d58b74578c2dd004bd580

Section 8(b) of the Contract Disputes Act of 1978 (41 U.S.C. 607(b))
is amended--
(1) in paragraph (1)--
(A) by striking out `GS-18 under the General Schedule contained in section
5332, United States Code,' and inserting in lieu thereof `rate 6 in the
Senior Executive Service established under section 5382 of title 5, United
States Code,';
(B) by striking out `GS-17 under such General Schedule,' and inserting
in lieu thereof `rate 5 in the Senior Executive Service established under
section 5382 of such title,';
(C) by striking out `GS-16 under such General Schedule' and inserting in
lieu thereof `rate 4 in the Senior Executive Service established under
section 5382 of such title'; and
(D) striking out the fifth sentence; and
(2) in paragraph (2)--
(A) by striking out `GS-18 under the General Schedule contained in section
5332, United States Code,' and inserting in lieu thereof `rate 6 in the
Senior Executive Service established under section 5382 of title 5, United
States Code,'; and
(B) by striking out `GS-16 under such General Schedule' and inserting in
lieu thereof `rate 4 in the Senior Executive Service established under
section 5382 of title 5, United States Code,'.

cb9680d30c0dec35c578eca53c56c816e58ecd81c33e1a7017478f7ccce622e2

The provisions of this subtitle and the amendments made by this subtitle
shall take effect on October 1, 1990, and any adjustments in pay under such
provisions shall take effect on such date as determined by the Office of
Personnel Management, but no later than the first applicable pay period
beginning on or after October 1, 1991.
Subtitle C--Administrative Office of the United States Courts Personnel

79621027041709eaa54b17983511170ef402b9ca38bd3b916d4f728be7bdaa49

This subtitle may be cited as the `Administrative Office of the United
States Courts Personnel Act of 1990'.

2310a0af451eed781e9e962ac548619baae2b9f1369806bc51cfd16a34e299ba

For purposes of this subtitle the term--
(1) `Director' means the Director of the Administrative Office of the
United States Courts;
(2) `employee' means any employee of the Administrative Office of the United
States Courts, except any employee referred to in section 603 of title 28,
United States Code; and
(3) `Office' means the Administrative Office of the United States Courts.

2293b004d781c03ccaada6369723344af775e37384bf5281eaa11c6c480310bb

The Director of the Administrative Office of the United States Courts may
appoint, fix the compensation of, assign, and direct such personnel as
the Director determines necessary to discharge the duties and functions
of the Administrative Office.

74d3e364bd036f5c3f62891f902ae2f6da2137644305c0ef0cc1076ed7744ea9

(a) ESTABLISHMENT- The Director shall establish a personnel management
system for the Office--
(1) which provides for the appointment, pay, promotion, and assignment of
all employees on the basis of merit; and
(2) to which the provisions of title 5, United States Code, governing
appointments and other personnel actions in the competitive civil service, or
the provisions of chapter 51 and subchapter III of chapter 53 of such title,
relating to classification and General Schedule pay rates shall not apply.
(b) PERSONNEL MANAGEMENT SYSTEM- The personnel management system established
under subsection (a) shall, at a minimum--
(1) provide for a schedule of pay rates applicable to all employees;
(2) provide that the basic rate of pay of any person appointed under this
section shall not exceed the rate of basic pay for level V of the Executive
Schedule, except as provided in paragraph (11);
(3) incorporate pay comparability principles as set forth under section
5301(a) of title 5, United States Code;
(4) provide for the adjustment of the pay of employees at the same time
and in the same percentage amount as rates of basic pay are adjusted for
General Schedule and prevailing rate employees, as appropriate;
(5) establish procedures for employee evaluations, the granting of periodic
pay adjustments, incentive awards, and resolution of employee grievances;
(6) establish procedures for disciplinary actions, including reduction in
grade or pay, suspension, and removal, based on unacceptable performance
or misconduct, except that the Director may exempt from such procedures
positions of a confidential or policy-determining character, not to exceed
4 percent of the authorized positions of the Office;
(7) establish procedures for premium pay (including overtime) similar to
the provisions of subchapter V of chapter 55 of title 5, United States Code;
(8) include the merit system principles set forth under section 2301(b)
of title 5, United States Code;
(9) prohibit personnel practices prohibited under section 2302(b) of title
5, United States Code;
(10) prohibit discrimination on the basis of race, color, religion, age,
sex, national origin, political affiliation, marital status, or handicapping
condition; and
(11) provide for the basic rate of pay of not more than 5 percent of the
authorized positions of the Office (excluding the positions referred to in
section 603 of title 28, United States Code) to be set at rates not to exceed
the rate of basic pay for positions at level IV of the Executive Schedule.

90d1c30fa940c7ce822a5591127c616fd83c6335cb247675dcf2ae415e119040

(a) WORK SCHEDULES- In establishing procedures under section 754(b)(7)
the Director may at his discretion implement flexible and compressed
work schedules and may exempt the hours constituting such schedules from
premium pay to the extent the Director determines necessary to implement
such schedules.
(b) DISCRIMINATION COMPLAINTS- In implementing the provisions of section
754(b)(10), the Director shall, no later than 6 months after the date of
the enactment of this title, promulgate regulations providing procedures
for resolving complaints of discrimination by employees and applicants
for employment.
(c) PAY LIMITATION- Notwithstanding any other provision of this section,
aggregate pay in any 1 year period (including basic pay and incentive awards)
of any individual whose basic rate of pay is set under this subtitle may
not exceed the annual aggregate pay computed at the basic rate of pay for
the position of the Director.
(d) TRAVEL EXPENSES AND LEAVE FOR CERTAIN POSITIONS- The Director may apply
the provisions of sections 5723 and 6304(f) of title 5, United States Code,
to the positions referred to under section 574(b)(11) and in section 603
of title 28, United States Code, including the Deputy Director.
(e) INCENTIVE AWARDS FOR CERTAIN POSITIONS- The Director may provide for
incentive awards for the positions referred to in section 603 of title 28,
United States Code, including the Deputy Director, subject to the aggregate
pay limitation under subsection (c).
(f) PAY, INCENTIVE AWARDS, AND TRAVEL EXPENSES OF DIRECTOR- The Chief
Justice of the United States or the Judicial Conference of the United States
may grant incentive awards to the Director, except that the Director's
aggregate pay for any fiscal year, including aggregate annual pay and
incentive awards, may not exceed the aggregate annual pay of a United States
circuit judge. The Chief Justice or the Judicial Conference may authorize
application of section 5723 of title 5, United States Code, to the Director.
(g) TRAINING PROGRAMS- The Director may develop and conduct programs to
meet the short and long range training needs of the agency.
(h) EMPLOYEE GRIEVANCES AND APPEALS- (1) Notwithstanding any other provision
of law, an individual who is an employee of the Office on the day before the
effective date of this subtitle and who, as of that day, was entitled to--
(A) appeal a reduction in grade or removal to the Merit Systems Protection
Board under chapter 43 of title 5, United States Code,
(B) appeal an adverse action to the Merit Systems Protection Board under
chapter 75 of title 5, United States Code, or
(C) file an appeal with the Equal Employment Opportunity Commission under
29 CFR, Part 1613,
shall continue to be entitled to file such appeal so long as the individual
remains an employee of the Office.
(2) The provisions of paragraph (1) shall not apply to employees in
positions referred to in section 603 of title 28, United States Code, or
in positions of a confidential or policy-determining character described
under section 5744(b)(11).

b56f428487a31f2e1df51a379931ba357dc9c4325c5e3345d1c238d570647786

There are authorized to be appropriated for fiscal year 1990 and for each
year thereafter such sums as may be necessary to carry out the provisions
of this subtitle.

f1a2af79c5422168d096e7c21d3cf3027ed0ca818d1ebde79b034ad1b97607ff

The provisions of this subtitle shall take effect 60 days after the date
of the enactment of this title.
Subtitle D--Pay for Performance

a28743db4dc428e85243e4b44fa152cf2b2cdf44c66171fe4fdfbc1a0e752f8f

It is the policy of the Congress that--
(1) the Federal Government should institute systems for determining pay
for its General Schedule employees under which the linkage between their
performance and their pay will be strengthened;
(2) the design of such systems should be developed by the Office of Personnel
Management, in conjunction with the Pay-for-Performance Labor-Management
Committee;
(3) the systems should provide flexibility to adapt to the different
needs of different agencies and organizational components in the Federal
Government; and
(4) any legislation needed to implement the systems should be enacted in
a timely fashion so as to permit implementation of the system by October
1, 1993.

62b1d6be234ab2ea50189194c0d274a88a68f036bb11023e42d7940be1a78754

(a) ESTABLISHMENT- The Office of Personnel Management shall establish a
Pay-for-Performance Labor-Management Committee to advise the Office on the
design and establishment of systems for strengthening the linkage between
the performance of General Schedule employees and their pay.
(b) MEMBERSHIP- The members of the Committee shall be--
(1) a Chairman, who shall be appointed by the Director of the Office of
Personnel Management on the basis of the appointee's education, training,
and experience as an expert in compensation practices, and after consultation
with the Chairmen of the Senate Committee on Governmental Affairs and the
House Committee on Post Office and Civil Service;
(2) an employee of the Office of Personnel Management, designated by the
Director of such Office;
(3) an employee of the Office of Management and Budget, designated by the
Director of such Office;
(4) an employee of the Department of Defense, designated by the Secretary
of Defense;
(5) 3 individuals, each of whom shall be an employee designated by the
head of each of 3 other departments or agencies selected by the Director
of the Office of Personnel Management from among departments and agencies
having substantial numbers of General Schedule employees; and
(6) 6 individuals appointed by the Director of the Office of Personnel
Management to serve as representatives of employee organizations which
represent substantial numbers of General Schedule employees, and who shall
be selected with due consideration to such factors as the relative numbers
of General Schedule employees represented by the various organizations,
except that not more than 4 members of the Committee at any one time shall
be from a single employee organization, council, federation, alliance,
association, or affiliation of employee organizations.
(c) PAY FOR MEMBERS- The Chairman shall be paid at a rate of basic pay for
the Senior Executive Service, to be determined by the Director of the Office
of Personnel Management. The members of the Committee who are otherwise
employees of the Federal Government shall not receive any additional pay
by reason of their service on the Committee. The members of the Committee
who are not otherwise employees of the Federal Government shall not be paid
for their service on the Committee and shall not be considered employees
of the Federal Government for any purpose by reason of their service on
the Committee.
(d) ADMINISTRATIVE SUPPORT- The Office of Personnel Management may provide
staff and administrative support for the Committee.
(e) FUNCTIONS- The Committee shall review available reports and studies
on performance evaluation and performance-based pay systems (including a
report to be prepared by the National Academy of Sciences) and any other
pertinent information.
(f) REPORT TO THE OFFICE OF PERSONNEL MANAGEMENT- No later than 1 year
after the date of the enactment of this Act, the Committee shall submit a
report to the Director of the Office of Personnel Management which shall
include recommendations as to--
(1) the types of pay raises to be covered;
(2) guidelines for pay-for-performance systems, including the criteria
to be used in determining eligibility for and the amount of increases in
basic pay above the midpoint of the pay range;
(3) the role organizational performance should play in pay-for-performance
systems;
(4) any differences in pay-for-performance systems for different categories
of employees;
(5) the role for employee organizations in the implementation and operation
of pay-for-performance systems; and
(6) whether demonstration projects on pay-for-performance are desirable.

ab7950adbdcc6da3b2a5b43759d39a74ca1b5733d2932f683688edef54f01094

No later than 6 months after the report of the Pay-for-Performance
Labor-Management Committee is submitted to the Director of the Office of
Personnel Management, the Director shall transmit the Committee's report
to the Congress, together with appropriate legislation to implement the
recommendations of the Committee, or, if the Office determines that some
other action is appropriate, an explanation of the reasons the Office's
views are different from those of the Committee.

b88176414086e720296ccee2453f26a11ba547c855c80e6d2cb8cac46eb9ca2b

The provisions of this subtitle shall be effective on the date of the
enactment of this title.
Subtitle E--Technical and Conforming Amendments

76ef8666cacea967ba573f98a42842fb82d8cdf3a8a63337bfb8528b1ce5d9d1

(a) TABLE OF SECTIONS- The table of sections for subchapter I of chapter
53 of title 5, United States Code, is amended to read as follows:
`SUBCHAPTER I--PAY COMPARABILITY SYSTEM
`Sec.
`5301. Policy.
`5302. Locality-based adjustments.
`5303. Higher minimum rates; Presidential authority.
`5304. Presidential policies and regulations.
`5305. Annual general adjustment and locality-based adjustments.
`5306. Federal Pay Council.
`5307. Pay fixed by administrative action.
`5308. Pay limitation.
`5309. Critical position pay authority.
`5310. Recruitment and relocation bonuses.
`5310A. Retention allowances.
`5310B. Pay for Senior General Schedule positions.
`5310C. Bar to judicial review.'.
(b) SECTION HEADINGS- (1) The heading for section 5305 of title 5, United
States Code, is amended to read as follows:
` 5305. Annual general adjustment and locality-based adjustments'.
(2) The heading for section 5306 of title 5, United States Code, is amended
to read as follows:
` 5306. Federal Pay Council'.

b048b2c4a4363108299a96d08a0115896d5bcb977341931400ea2afa6affa53a

ed1c0baa65d6f3cfb24ee149ccc465bea7fa7af0ad3b76f2337318ab64303597

STATES COURTS PERSONNEL.
(a) APPLICATION OF MERIT SYSTEM PRINCIPLES- Section 2301(a) of title 5,
United States Code, is amended--
(1) in paragraph (1) by adding `and' at the end thereof;
(2) by striking out paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
(b) PROHIBITED PERSONNEL PRACTICES- Section 2302(a)(2)(C) of title 5,
United States Code, is amended by striking out `, the Administrative Office
of the United States Courts,'.
(c) PERFORMANCE APPRAISAL- Section 4301(1) of title 5, United States Code,
is amended--
(1) in subparagraph (A) by adding `and' at the end thereof;
(2) by striking out subparagraph (B); and
(3) by redesignating subparagraph (C) as subparagraph (B).
(d) AWARDS FOR SUPERIOR ACCOMPLISHMENTS- Section 4501(1) of title 5,
United States Code, is amended--
(1) by striking out subparagraph (B); and
(2) by redesignating subparagraphs (C) through (G) as subparagraphs (B)
through (F), respectively.
(e) PERSONNEL RESEARCH PROGRAMS AND DEMONSTRATION PROJECTS- Section
4701(a)(1) of title 5, United States Code, is amended by striking out `,
the Administrative Office of the United States Courts,'.
(f) PAY AND ALLOWANCES CLASSIFICATION- Section 5102(a)(1) of title 5,
United States Code, is amended--
(1) by striking out subparagraph (B); and
(2) by redesignating subparagraphs (C) through (G) as subparagraphs (B)
through (F), respectively.
(g) PREVAILING RATE EMPLOYEES- Section 5349(a) of title 5, United States
Code, is amended in the first sentence by striking out `the Administrative
Office of the United States Courts,'.
(h) SEVERANCE PAY- Section 5595 of title 5, United State Code, is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (C) by striking out `and' at the end thereof; and
(B) by adding at the end thereof the following new subparagraph:
`(E) the Administrative Office of the United States Courts, the Federal
Judicial Center, and the courts named under section 610 of title 28;
and'; and
(2) in subsection (b) by amending such subsection to read as follows:
`(b)(1) Under regulations prescribed by the President or such officer or
agency as he may designate, an employee who--
`(A) has been employed currently for a continuous period of at least 12
months; and
`(B) is involuntarily separated from the service, not by removal for cause
on charges of misconduct, delinquency, or inefficiency;
is entitled to be paid severance pay in regular pay periods by the agency
from which separated.
`(2) Notwithstanding the provisions of paragraph (1), the Director of the
Administrative Office of the United States Courts may prescribe regulations
to effect the application and operation of this section to the agencies
specified in subsection (a)(1)(E) of this section.'.
(i) BACK PAY- Section 5596 of title 5, United States Code, is amended--
(1) in subsection (a)(2) by inserting `, the Federal Judicial Center,
and the courts named by section 610 of title 28' after `Courts'; and
(2) in subsection (c) in the second sentence by inserting after `employees'
a comma and `or to the agencies described under subsection (a)(2) of
this section'.
(j) CIVIL SERVICE RETIREMENT- (1) Section 8331(1)(v) of title 5, United
States Code, is amended to read as follows:
`(v) an employee of the Administrative Office of the United States Courts,
of the Federal Judicial Center, or of a court named by section 610 of
title 28, if excluded by the Director of the Administrative Office under
section 8347(p) of this title.'.
(2) Section 8347 of title 5, United States Code, is amended by adding at
the end thereof the following new subsection:
`(p) The Director of the Administrative Office of the United States
Courts may exclude from the operation of this subchapter an employee of
the Administrative Office, of the Federal Judicial Center, or of a court
named by section 610 of title 28, whose employment is temporary or of
uncertain duration.'.
(k) FEDERAL EMPLOYEES' RETIREMENT SYSTEM- (1) Section 8401(11)(i)(I)
of title 5, United States Code, is amended by striking out `(v),'.
(2) Section 8402(c) of title 5, United States Code, is amended by adding
at the end thereof the following new subsection:
`(7) The Director of the Administrative Office of the United States
Courts may exclude from the operation of this chapter an employee of the
Administrative Office, of the Federal Judicial Center, or of a court named
by section 610 of title 28, whose employment is temporary or of uncertain
duration.'.
(l) COMPENSATION OF EMPLOYEES OF THE OFFICE- Section 602(a) of title 28,
United States Code, is amended to read as follows:
`(a) The Director shall appoint and fix the compensation of necessary
employees of the Administrative Office in accordance with the Administrative
Office of the United States Courts Personnel Act of 1990.'.
(m) SPECIAL EMPLOYEES- Section 602(b) of title 28, United States Code,
is amended by striking out `604(a)(15)(B)' and inserting in lieu thereof
`604(a)(16)(B)'.
(n) SALARY OF DEPUTY DIRECTOR; LEAVE OF DIRECTOR- Section 603 of title 28,
United States Code, is amended--
(1) in the second sentence by striking out `of the Deputy Director'; and
(2) by inserting after the first sentence `Notwithstanding any other
provision of law, the Director shall not be an employee for purposes of
subchapter I of chapter 63 of title 5, United States Code. The salary of
the Deputy Director shall be 92 percent of the salary of the Director.'.
(o) REDESIGNATIONS- Section 604(a) of title 28, United States Code,
is amended--
(1) by redesignating the first paragraph (19) as paragraph (18);
(2) in paragraph (22) by adding `and' after the semicolon; and
(3) in paragraph (23) by striking out the semicolon and inserting in lieu
thereof a period.

c6d76e5177f2b16ab9341bf9077e13356af314985b20ced06915c7eab2031acb

Reference in any other Federal law, Executive order, rule, regulation, or
delegation of authority, or any document of or pertaining to GS-16, GS-17,
or GS-18 of the General Schedule shall be deemed to refer to a position
classified above GS-15 under section 5108 of title 5, United States Code.

7e61afdcebc9cf66de4f85d9c81639dc1dc8c4362aeea1ef9a854a7026619824

After consultation with the appropriate committees of the Congress, the
Office of Personnel Management shall prepare and submit to the Congress
recommended legislation containing technical and conforming amendments
to reflect the changes made by this title to the United States Code, and
any other provision of law. No later than 6 months after the date of the
enactment of this title, the Office of Personnel Management shall submit
such recommended legislation.

c841787d1de4f0c7cabd6d5c1d8b03c1acdad64c421ce4035d01593abf51dfbe

(a) IN GENERAL- The amendments made by this subtitle (except for the
amendments made by section 593) shall take effect on such date determined
by the Office of Personnel Management, but in no event shall such effective
date be later than October 1, 1991.
(b) AMENDMENTS RELATING TO THE ADMINISTRATIVE OFFICE OF THE UNITED STATES
COURTS PERSONNEL- The amendments made by section 593 shall take effect 60
days after the date of the enactment of this subtitle.
Subtitle F--Federal law enforcement pay reform

0d7348d7231b46c90025984e62fb8dc0d5207d91e7a8385f814c578d5eeda9c4

bf9013e0ddf43f211a21c79ddb071f319a667c5c1bfa8cf46ce7923ccfb20f3e

programs funded by this Act shall be absorbed within the levels appropriated
by this Act.
( 114 ) Page 67, after line 3, insert:

41b55a752c688fc9108965a535905e65f20b9a37fc9be92d3772eeea4648e9ff

1976 (18 U.S.C. 3056 note) is amended by striking out `Expenditures for
this reimbursement are authorized not to exceed $160,000 in any one fiscal
year' and inserting in lieu thereof `Expenditures for this reimbursement
are authorized not to exceed $300,000 in any one fiscal year'.
(b) Funds appropriated for fiscal year 1991 for reimbursements for
Presidential protection assistance authorized under section 12 of the
Presidential Protection Assistance Act of 1976 (18 U.S.C. 3056 note) shall be
made available for any such reimbursements claimed during fiscal year 1990.
( 115 ) Page 67, after line 3, insert:
SEC. 599A. Title 41, United States Code, chapter 4, subchapter IV, is
amended by inserting at the end thereof, the following new section:
`The Internal Revenue Service may use competitive procedures or procedures
other than competitive procedures to procure the services of experts for
use in the examination of tax returns or litigating any action under the
Internal Revenue Code in the United States Tax Court, whether or not the
expert is expected to testify at trial. The Internal Revenue Service need
not provide any written justification for the use of procedures other
than competitive procedures when procuring expert services for cases
involving the Internal Revenue Code and need not furnish for publication
in the Commerce Business Daily or otherwise any notice of solicitation or
synopsis with respect to such procurement.'.
( 116 ) Page 67, after line 3, insert:
SEC. 599B. None  of the funds in this Act, or otherwise made available
by this Act, may be used to pay the salaries of personnel at the Office
of Management and Budget who withhold, or fail to  make available, funds
made available  by law needed to  eliminate the backlog of applications
for insured loans by the Rural Electrification Administration.
( 117 ) Page 77 strike out all after line 14 over to and including line 16,
on page 78, and insert:

cac92ba0bff7ebd61c20989ca99dee7e88fd810fd70612e9a2cbc048a8327be6

may be used to implement or enforce the agreements in Standard Forms 312 and
4355 of the Government or any other nondisclosure policy, form or agreement
if such policy, form or agreement does not contain the following provisions:
`This Agreement is consistent with and does not supersede the   employee
obligations, rights or liabilities created by Executive Order 12356;
section 7211 of title 5, United States Code (governing disclosures to
Congress);  section 1034 of title  10, United States Code, as amended
by the Military Whistleblower Protection Act (governing disclosure
to Congress by members of the military); section 2302(b)(8) of title
5, United States Code, as amended by the Whistleblower Protection Act
(governing disclosures of illegality, waste, fraud, abuse or public health
or safety threats); the Intelligence Identities Protection Act  of 1982
(50 USC 421 et seq.) (governing disclosures that could expose confidential
Government agents), and the statutes  which protect against  disclosure
that may compromise the national security, including sections 641, 793,
794, 798, and 952 of title 18, United States Code, and section 4(b) of the
Subversive Activities Act  of 1950 (50 U.S.C. 783(b)). The definitions,
requirements, obligations, rights, sanctions and liabilities created
by said Executive Order and listed statutes are incorporated into this
Agreement and are controlling.'.
( 118 ) Page 78, strike out all after line 16, over to and including line
4, on page 79
( 119 ) Page 79, line 5, strike out  [Struck out->][ 619 ][<-Struck out]
and insert: 618
( 120 ) Page 79, line 12, strike out  [Struck out->][ 620 ][<-Struck out]
and insert: 619
( 121 ) Page 80, line 7, strike out  [Struck out->][ 621 ][<-Struck out]
and insert: 620
( 122 ) Page 80, line 18, strike out  [Struck out->][ 622 ][<-Struck out]
and insert: 621
( 123 ) Page 81, line 9, strike out  [Struck out->][ 623 ][<-Struck out]
and insert: 622
( 124 ) Page 81, line 17, strike out  [Struck out->][ 624 ][<-Struck out]
and insert: 623
( 125 ) Page 82, line 3, strike out  [Struck out->][ 625 ][<-Struck out]
and insert: 624
( 126 ) Page 82, strike out all after line 14, over to and including line
20, on page 83
( 127 ) Page 83, after line 20, insert:

1cb3fd06d6b80f586f4ad45d5d5c92aa8f79ba6cd86b850da3ee0627fc675414

award contracts under the Federal Acquisition Regulations shall provide to
the General Accounting Office during October 1991, the following information
for contracts awarded during fiscal year 1991--
(1) the number and total dollar value of contracts awarded which required
bonding of the contractors;
(2) the number and total dollar value of contracts for which individual
sureties were used to meet the bonding requirements;
(3) the number of defaults by contractors using individual sureties and
percentage they represent of total defaults;
(4) the number of individual sureties who defaulted on their obligation
and the total dollar value of such defaults; and
(5) the number of contracts awarded to Minority Business Enterprises
which required bonding of contractors and the number of these which used
individual sureties to meet the bonding requirements.
(b) The General Accounting Office shall compile the information
collected under subsection (a) and provide a report to the Senate and
House Appropriations Committees no later than April 1, 1992. Such report
shall include--
(1) the percentage of contracts for which individual sureties were used
to meet bonding requirements;
(2) the percentage of total defaults by contractors using individual
sureties;
(3) the percentage of individual sureties which default on their obligations;
and
(4) the percentage of contracts awarded to Minority Business Enterprises
for which individual sureties were used to meet bonding requirements.
( 128 ) Page 83, after line 20, insert:

228571e8f882b77f334e8116ecc7941d7f137a3c3fbb3f0814ea3195356a2169

may be obligated or expended by any Federal department, agency, or other
instrumentality for the salaries or expenses of any employee appointed to a
position of a confidential or policy-determining character excepted from the
competitive service pursuant to section 3302 of title 5, United States Code,
without a certification to the Office of Personnel Management from the head
of the Federal department, agency, or other instrumentality employing the
Schedule C appointee that the Schedule C position was not created solely
or primarily in order to detail the employee to the White House.
(b) The provisions of this section shall not apply to Federal employees
or members of the armed services detailed to or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense for the collection of
specialized national foreign intelligence through reconnaissance programs;
(5) the Bureau of Intelligence and Research of the Department of State;
(6) any agency, office, or unit of the Army, Navy, Air Force, and Marine
Corps, the Federal Bureau of Investigation and the Drug Enforcement
Administration of the Department of Justice, the Department of the Treasury,
and the Department of Energy performing intelligence functions; and
(7) the Director of Central Intelligence.
( 129 ) Page 83, after line 20, insert:

dfc7000c9febc7cfb83f560fdb8106a1353feef5898f8cb36708c5f442eaba19

agency, or office by this Act or any other Act, shall be available for
obligation or expenditure to issue any accounting principles, standards,
or requirements for the Federal Government which are inconsistent with
those established pursuant  to section 3511 of title 31, United States Code.
( 130 ) Page 83, after line 20, insert:

88bef9ed7e7740157fa58c7a156c853c3c396bf4e0052341d9e75f25032aea42

by a State or local government that encourages employees to use public
transportation. Such programs may involve the sale of discounted transit
passes or other incentives that reduce the cost to the employee of using
public transportation.
(b) Notwithstanding the provisions of section 5536 of title 5, United
States Code, or any other provision of law, an employee may participate
in a program described under subsection (a).
(c)(1) For purposes of this section the term `Federal agency' shall mean
an Executive agency as defined under section 105 of title 5, United States
Code, and shall include any agency of the legislative or judicial branch
of Government.
(2) For purposes of subsection (b), the term `employee' shall mean an
employee as defined under section 2105 of title 5, United States Code,
and shall include an employee of any legislative or judicial agency.
(d) No later than June 30, 1993, the General Accounting Office shall
conduct a study and submit a report on the implementation of programs under
subsection (a) and the employees (including information of the employing
agencies and rates of pay of such employees) who have participated in
such programs.
(e) The provisions of this section are repealed effective December 31, 1993.
( 131 ) Page 83, after line 20, insert:

5a0f835f64d2c758d2d8ead00f9354642c1f3cc137a0fca9042da190b0e4ee49

(1) democracy and freedom of the independent Arab nations have been
threatened by the invasion and illegal annexation of Kuwait by the Government
of the Republic of Iraq;
(2) the safety of American citizens and those of other countries have
been directly threatened by the decision of the Government of Iraq to move
them and use them as `human shields' at strategic defense and industrial
installations;
(3) the stability of world oil production and marketing has been threatened
by the illegal Iraqi seizure of Kuwaiti ports and oil production facilities;
(4) the United Nations has condemned Iraq's invasion of Kuwait, has voted
to impose an economic embargo on Iraq, and has declared null and void the
annexation of Kuwait;
(5) the United Nations Security Council has approved the use of appropriate
military force by individual nations to enforce United Nations sanctions;
(6) the President of the United States has taken the lead in unifying world
opinion and directing international efforts against the Iraqi aggression
and in defense of Saudi Arabia and the other Gulf states;
(7) a majority of Arab nations have condemned Iraq's actions and have
supported Arab military and diplomatic efforts to defend the Gulf states
and to ensure Iraq's withdrawal from Kuwait;
(8) the United States is deploying tens of thousands of American troops
and military  hardware to the Persian Gulf in defense of the strategic
interests of the United States in the region at costs estimated to be in
excess of $40 million a day, during a time of an increasing budget deficit;
(9) a principle position of the United States and its NATO and major
non-NATO allies is one of burdensharing in the collective defense of the
Western alliance;
(10) the Senate and the American people are deeply concerned about the
need for a reduced budget deficit and improved economic growth; and
(11) President George Bush has announced his intention to develop an economic
action plan under which nations benefitting from the economic embargo and
the military actions in the Persian Gulf assist those nations which are
committing their military personnel and materiel to support these United
Nations actions.
(b) It is the sense of the Senate that--
(1) the President of the United States should be congratulated for taking the
diplomatic initiative to encourage other nations to share the international
financial burden of the defense of Saudi Arabia; and
(2) the President of the United States--
(A) in consultation with the allies of the United States in the Persian
Gulf defense operation, should--
(i) take steps to ensure that United States allies are sharing an appropriate
portion of the collective defense of their interests in the Gulf;
(ii) take steps to ensure that those allies who are precluded from any overt
military participation in the Gulf, or who decide against participating
in these defensive actions, or who only provide minimal participation
are assuming an appropriate financial share of the collective defense
commensurate with their national means; and
(iii) take steps to ensure that those oil producing nations which may benefit
from increased individual oil production and world oil prices as a result
of the embargo of Iraqi and  Kuwaiti oil proportionally share the burden
of the costs of the embargo, either directly with those nations providing
the defense, or by equivalent `inkind' payments, or by assuming some of the
other international financial burdens of the major defense-providing nations;
(B) in concert with the Secretary of State, the Secretary of Defense, the
Secretary of the Treasury, and the Director of the Office of Management
and Budget, shall consult with Congress on the steps the President is
taking to meet the goals enumerated in subparagraph (A) and shall provide
a report to the Congress no later than November 30, 1990, detailing the
progress of such steps to date;
(C) during his consultations with other international leaders, should
consider stressing, among other points, that failure by any country to
actively contribute in the most appropriate manner for that country could
have a detrimental impact on its bilateral relationship with the United
States; and
(D) should also inform Congress of any legislative initiatives which need
to be taken to meet the goals enumerated in subparagraphs (A) through (C).
( 132 ) Page 83, after line 20, insert:

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in clause (1)(A) by striking out `or' the first time it appears in such
clause and inserting `, or temporarily deployed overseas for an operational
contingency in arduous circumstances, as determined by the Secretary of
Defense' after `belligerent'.
(b) This section shall apply to military personnel participating in
`Operation Desert Shield'.
( 133 ) Page 83, after line 20, insert:

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finds that--
(1) the future peace and prosperity of all nations depend upon the good
health and well-being of the world's children;
(2) the Congress has long recognized the vulnerability of children and has
enacted numerous laws that afford them special protections in this country;
(3) similar protections for children are either totally lacking or
inadequately enforced in much of the world;
(4) in part as a result of this lack of protection, millions of children are
threatened daily by poverty, malnutrition, homelessness, exploitation and
abuse, depriving both family and society of their productivity and potential;
(5) the Child Survival and Development Revolution, launched in 1982 to attack
the root causes of infant mortality and child ill-health through low-cost
means such as universal child immunization and oral rehydration therapy,
is saving the lives of more than 3,000,000 children each year and has
demonstrated that the number of child deaths can be reduced significantly
if available resources are used appropriately;
(6) despite these gains and an emerging international consensus about
the importance of protecting children, children both here and abroad will
continue to face poverty, sickness, and ill-treatment;
(7) on November 20, 1989, the United States and other members of the United
Nations unanimously endorsed the Convention on the Rights of the Child and
urged national governments to ratify the Convention and make possible its
application as international law;
(8) this Convention, if implemented, will help establish universal
legal standards for the care and protection of children against neglect,
exploitation, and abuse;
(9) the United States Government, scores of private voluntary organizations,
and hundreds of American citizens were actively involved in the drafting
of this Convention; and
(10) the United States must continue playing a leading role in the
implementation of the Convention to ensure that it becomes a force for
improving the lot of children, both in this country and abroad.
(b) SENSE OF THE SENATE- It is the sense of the Senate that the issue of
children's rights and their well-being is important both to the United
States and the world at large and that, in consideration thereof, the
President should promptly seek the advice and consent of the Senate to the
ratification of the Convention on the Rights of the Child, adopted by the
United Nations with the support of the United States on November 29, 1989.
( 134 ) Page 83, after line 20, insert:

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(1) President Saddam Hussein of Iraq has attempted to evade the consequences
of his illegal invasion of Kuwait by the taking of civilian hostages;
(2) Saddam Hussein has violated standards of civilized conduct by willfully
seeking to endanger the lives of foreign civilians in Kuwait and Iraq;
(3) He has further violated international diplomatic practice by laying
siege to Western embassies in Kuwait;
(4) Iraq's conduct both at home and on the battlefield during the recent
war with Iran has demonstrated a willingness to use the most barbaric
methods of warfare, including the gassing of civilian women and children;
(5) The Nuremberg principles, while denying national guilt for acts of
war, do also stipulate that individual leaders may be held responsible
for violations of the conventions of war and of civilized behavior;
(6) The taking of hostages, the use of gas, the terrorizing of civilians
and diplomats, and other such acts  in both peace and war have long been
considered crimes against humanity for which prosecution is justifiable.
(b) It is the sense of the Senate that in the event of hostilities between
the United States and the government of Iraq it shall be the policy of
the United States to pursue Saddam Hussein, other Iraqi leaders, and other
such perpetrators as may be determined responsible in  order  to bring them
to justice as war criminals, and to seek their prosecution and punishment
under the auspices of an  international tribunal with relevant jurisdiction.
Attest:
Secretary.
HR 5241 EAS----2
HR 5241 EAS----3
HR 5241 EAS----4
HR 5241 EAS----5
HR 5241 EAS----6
HR 5241 EAS----7
HR 5241 EAS----8

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Executive Office Appropriations Act, 1991 — HR. 5241

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