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TITLE VI—GENERAL PROVISIONS DEPARTMENTS, AGENCIES, AND CORPORATIONS SECTION 601. Funds appropriated in this or any other Act may be used to pay travel to the United States for the immediate family of employees serving abroad in cases of death or life threatening illness of said employee. SEC. 602. No department, agency, or instrumentality of the United States receiving appropriated funds under this or any other Act for fiscal year ø1997¿ 1998 shall obligate or expend any such funds, unless such department, agency, or instrumentality has in place, and will continue to administer in good faith, a written policy designed to ensure that all of its workplaces are free from the illegal use, possession, or distribution of controlled substances (as defined in the Controlled Substances Act) by the officers and employees of such department, agency, or instrumentality. SEC. 603. Notwithstanding 31 U.S.C. 1345, any agency, department or instrumentality of the United States which provides or proposes to provide child care services for Federal employees may reimburse any Federal employee or any person employed to provide such services for travel, transportation, and subsistence expenses incurred for training classes, conferences or other meetings in connection with the provision of such services: Provided, That any per diem allowance made pursuant to this section shall not exceed the rate specified in regulations prescribed pursuant to section 5707 of title 5, United States Code. SEC. 604. Unless otherwise specifically provided, the maximum amount allowable during the current fiscal year in accordance with section 16 of the Act of August 2, 1946 (60 Stat. 810), for the purchase of any passenger motor vehicle (exclusive of buses, ambulances, law enforcement, and undercover surveillance vehicles), is hereby fixed at $8,100 except station wagons for which the maximum shall be $9,100: Provided, That these limits may be exceeded by not to exceed $3,700 for police-type vehicles, and by not to exceed $4,000 for special heavy-duty vehicles: Provided further, That the limits set forth in this section may not be exceeded by more than 5 percent for electric or hybrid vehicles purchased for demonstration under the provisions of the Electric and Hybrid Vehicle Research, Development, and Demonstration Act of 1976: Provided further, That the limits set forth in this section may be exceeded by the incremental cost of clean alternative fuels vehicles acquired pursuant to Public Law 101–549 over the cost of comparable conventionally fueled vehicles. SEC. 605. Appropriations of the executive departments and independent establishments for the current fiscal year available for expenses of travel or for the expenses of the activity concerned, are hereby made available for quarters allowances and cost-of-living allowances, in accordance with 5 U.S.C. 5922–24. SEC. 606. Unless otherwise specified during the current fiscal year, no part of any appropriation contained in this or any other Act shall be used to pay the compensation of any officer or employee of the Government of the United States (including any agency the majority of the stock of which is owned by the Government of the United States) whose post of duty is in the continental United States unless such person (1) is a citizen of the United States, (2) is a person in the service of the United States on the date of enactment of this Act who, being eligible for citizenship, has filed a declaration of intention to become a citizen of the United States prior to such date and is actually residing in the United States, (3) is a person who owes allegiance to the United States, (4) is an alien from Cuba, Poland, South Vietnam, the countries of the former Soviet Union, or the Baltic countries lawfully admitted to the United States for permanent residence, (5) is a South Vietnamese, Cambodian, or Laotian refugee paroled in the United States after January 1, 1975, or (6) is a national of the People’s Republic of China who qualifys for adjustment of status pursuant to the Chinese Student Protection Act of 1992: Provided, That for the purpose of this section, an affidavit signed by any such person shall be considered prima facie evidence that the requirements of this section with respect to his or her status have been complied with: Provided further, That any person making a false affidavit shall be guilty of a felony, and, upon conviction, shall be fined no more than $4,000 or imprisoned for not more than 1 year, or both: Provided further, That the above penal clause shall be in addition to, and not in substitution for, any other provisions of existing law: Provided further, That any payment made to any officer or employee contrary to the provisions of this section shall be recoverable in action by the Federal Government. This section shall not apply to citizens of Ireland, Israel, or the Republic of the Philippines, or to nationals of those countries allied with the United States in the current defense effort, or to international broadcasters employed by the United States Information Agency, or to temporary employment of translators, or to temporary employment in the field service (not to exceed 60 days) as a result of emergencies. SEC. 607. Appropriations available to any department or agency during the current fiscal year for necessary expenses, including maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space and services and those expenses of renovation and alteration of buildings and facilities which constitute public improvements performed in accordance with the Public Buildings Act of 1959 (73 Stat. 749), the Public Buildings Amendments of 1972 (87 Stat. 216), or other applicable law. SEC. 608. In addition to funds provided in this or any other Act, all Federal agencies are authorized to receive and use funds resulting from the sale of materials, including Federal records disposed of pursuant to a records schedule recovered through recycling or waste prevention programs. Such funds shall be available until expended for the following purposes: (1) Acquisition, waste reduction and prevention, and recycling programs as described in Executive Order 12873 (October 20, 1993), including any such programs adopted prior to the effective date of the Executive Order. (2) Other Federal agency environmental management programs, including, but not limited to, the development and implementation of hazardous waste management and pollution prevention programs. (3) Other employee programs as authorized by law or as deemed appropriate by the head of the Federal agency. SEC. 609. Funds made available by this or any other Act for administrative expenses in the current fiscal year of the corporations and agencies subject to chapter 91 of title 31, United States Code, shall be available, in addition to objects for which such funds are otherwise available, for rent in the District of Columbia; services in accordance with 5 U.S.C. 3109; and the objects specified under this head, all the provisions of which shall be applicable to the expenditure of such funds unless otherwise specified in the Act by which they are made available: Provided, That in the event any functions budgeted as administrative expenses are subsequently transferred to or paid from other funds, the limitations on administrative expenses shall be correspondingly reduced. øSEC. 610. No part of any appropriation for the current fiscal year contained in this or any other Act shall be paid to any person for the filling of any position for which he or she has been nominated after the Senate has voted not to approve the nomination of said person.¿ øSEC. 611. For the fiscal year ending September 30, 1997, and thereafter, any department or agency to which the Administrator of General Services has delegated the authority to operate, maintain or repair any building or facility pursuant to section 205(d) of the Federal Property and Administrative Services Act of 1949, as amended, shall retain that portion of the GSA rental payment available for operation, maintenance or repair of the building or facility, as determined by the Administrator, and expend such funds directly for the operation, maintenance or repair of the building or facility. Any funds retained under this section shall remain available until expended for such purposes.¿ øSEC. 612. (a) In General.—Section 1306 of title 31, United States Code, is amended to read as follows: ‘‘SEC. 1306. Use of foreign credits ‘‘(a) In General.—Foreign credits (including currencies) owed to or owned by the United States may be used by any agency for any purpose for which appropriations are made for the agency for the current fiscal year (including the carrying out of Acts requiring or authorizing the use of such credits), but only when reimbursement therefor is made to the Treasury from applicable appropriations of the agency. 9 10 TITLE VI—GENERAL PROVISIONS—Continued DEPARTMENTS, AGENCIES, AND CORPORATIONS—Continued ‘‘(b) Exception to Reimbursement Requirement.—Credits described in subsection (a) that are received as exchanged allowances, or as the proceeds of the sale of personal property, may be used in whole or partial payment for the acquisition of similar items, to the extent and in the manner authorized by law, without reimbursement to the Treasury.’’. (b) Applicability.—The amendment made by this section shall take effect on the date of the enactment of this Act and shall apply thereafter.¿ øSEC. 613. No part of any appropriation contained in this or any other Act shall be available for interagency financing of boards (except Federal Executive Boards), commissions, councils, committees, or similar groups (whether or not they are interagency entities) which do not have a prior and specific statutory approval to receive financial support from more than one agency or instrumentality.¿ SEC. ø614¿ 610. Funds made available by this or any other Act to the ‘‘Postal Service Fund’’ (39 U.S.C. 2003) shall be available for employment of guards for all buildings and areas owned or occupied by the Postal Service and under the charge and control of the Postal Service, and such guards shall have, with respect to such property, the powers of special policemen provided by the first section of the Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318), and, as to property owned or occupied by the Postal Service, the Postmaster General may take the same actions as the Administrator of General Services may take under the provisions of sections 2 and 3 of the Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318a, 318b), attaching thereto penal consequences under the authority and within the limits provided in section 4 of the Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318c). øSEC. 615. None of the funds made available pursuant to the provisions of this Act shall be used to implement, administer, or enforce any regulation which has been disapproved pursuant to a resolution of disapproval duly adopted in accordance with the applicable law of the United States.¿ SEC. ø616¿ 611. (a) Notwithstanding any other provision of law, and except as otherwise provided in this section, no part of any of the funds appropriated for the fiscal year ending on September 30, ø1997¿ 1998, by this or any other Act, may be used to pay any prevailing rate employee described in section 5342(a)(2)(A) of title 5, United States Code— (1) during the period from the date of expiration of the limitation imposed by section 616 of the Treasury, Postal Service and General Government Appropriations Act, ø1996¿ 1997, until the normal effective date of the applicable wage survey adjustment that is to take effect in fiscal year ø1997¿ 1998, in an amount that exceeds the rate payable for the applicable grade and step of the applicable wage schedule in accordance with such section 616; and (2) during the period consisting of the remainder of fiscal year ø1997¿ 1998, in an amount that exceeds, as a result of a wage survey adjustment, the rate payable under paragraph (1) by more than the sum of— (A) the percentage adjustment taking effect in fiscal year ø1997¿ 1998 under section 5303 of title 5, United States Code, in the rates of pay under the General Schedule; and (B) the difference between the overall average percentage of the locality-based comparability payments taking effect in fiscal year ø1997¿ 1998 under section 5304 of such title (whether by adjustment or otherwise), and the overall average percentage of such payments which was effective in fiscal year ø1996¿ 1997 under such section. (b) Notwithstanding any other provision of law, no prevailing rate employee described in subparagraph (B) or (C) of section 5342(a)(2) of title 5, United States Code, and no employee covered by section 5348 of such title, may be paid during the periods for which subsection (a) is in effect at a rate that exceeds the rates that would be payable under subsection (a) were subsection (a) applicable to such employee. (c) For the purposes of this section, the rates payable to an employee who is covered by this section and who is paid from a schedule not in existence on September 30, ø1996¿ 1997, shall be determined under regulations prescribed by the Office of Personnel Management. (d) Notwithstanding any other provision of law, rates of premium pay for employees subject to this section may not be changed from the rates in effect on September 30, ø1996¿ 1997, except to the extent determined by the Office of Personnel Management to be consistent with the purpose of this section. (e) This section shall apply with respect to pay for service performed after September 30, ø1996¿ 1997. (f) For the purpose of administering any provision of law (including section 8431 of title 5, United States Code, and any rule or regulation that provides premium pay, retirement, life insurance, or any other employee benefit) that requires any deduction or contribution, or that imposes any requirement or limitation on the basis of a rate of salary or basic pay, the rate of salary or basic pay payable after the application of this section shall be treated as the rate of salary or basic pay. (g) Nothing in this section shall be considered to permit or require the payment to any employee covered by this section at a rate in excess of the rate that would be payable were this section not in effect. (h) The Office of Personnel Management may provide for exceptions to the limitations imposed by this section if the Office determines that such exceptions are necessary to ensure the recruitment or retention of qualified employees. SEC. ø617¿ 612. During the period in which the head of any department or agency, or any other officer or civilian employee of the Government appointed by the President of the United States, holds office, no funds may be obligated or expended in excess of $5,000 to furnish or redecorate the office of such department head, agency head, officer or employee, or to purchase furniture or make improvements for any such office, unless advance notice of such furnishing or redecoration is expressly øapproved by¿ transmitted to the Committees on Appropriations of the House and Senate. For the purposes of this section, the word ‘‘office’’ shall include the entire suite of offices assigned to the individual, as well as any other space used primarily by the individual or the use of which is directly controlled by the individual. øSEC. 618. Notwithstanding any other provision of law, no executive branch agency shall purchase, construct, and/or lease any additional facilities, except within or contiguous to existing locations, to be used for the purpose of conducting Federal law enforcement training without the advance approval of the House and Senate Committees on Appropriations.¿ SEC. ø619¿ 613. Notwithstanding section 1346 of title 31, United States Code, øor section 613 of this Act,¿ funds made available for fiscal year ø1997¿ 1998 by this or any other Act shall be available for the interagency funding of national security and emergency preparedness telecommunications initiatives which benefit multiple Federal departments, agencies, or entities, as provided by Executive Order Numbered 12472 (April 3, 1984). SEC. ø620¿ 614. (a) None of the funds appropriated by this or any other Act may be obligated or expended by any Federal department, agency, or other instrumentality for the salaries or expenses of any employee appointed to a position of a confidential or policydetermining character excepted from the competitive service pursuant to section 3302 of title 5, United States Code, without a certification to the Office of Personnel Management from the head of the Federal department, agency, or other instrumentality employing the Schedule C appointee that the Schedule C position was not created solely or primarily in order to detail the employee to the White House. (b) The provisions of this section shall not apply to Federal employees or members of the armed services detailed to or from— (1) the Central Intelligence Agency; (2) the National Security Agency; (3) the Defense Intelligence Agency; (4) the offices within the Department of Defense for the collection of specialized national foreign intelligence through reconnaissance programs; (5) the Bureau of Intelligence and Research of the Department of State; (6) any agency, office, or unit of the Army, Navy, Air Force, and Marine Corps, the Federal Bureau of Investigation and the Drug Enforcement Administration of the Department of Justice, the Department of Transportation, the Department of the Treasury, and the Department of Energy performing intelligence functions; and (7) the Director of Central Intelligence. SEC. ø621¿ 615. No department, agency, or instrumentality of the United States receiving appropriated funds under this or any other Act for fiscal year ø1997¿ 1998 shall obligate or expend any such funds, unless such department, agency or instrumentality has in place, and will continue to administer in good faith, a written policy designed to ensure that all of its workplaces are free from discrimination and sexual harassment and that all of its workplaces are not TITLE VI—GENERAL PROVISIONS—Continued in violation of title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act of 1967, and the Rehabilitation Act of 1973. øSEC. 622. No part of any appropriation contained in this Act may be used to pay for the expenses of travel of employees, including employees of the Executive Office of the President, not directly responsible for the discharge of official governmental tasks and duties: Provided, That this restriction shall not apply to the family of the President, Members of Congress or their spouses, Heads of State of a foreign country or their designees, persons providing assistance to the President for official purposes, or other individuals so designated by the President.¿ SEC. ø623¿ 616. Notwithstanding any provision of law, the President, or his designee, must certify to Congress, annually, that no person or persons with direct or indirect responsibility for administering the Executive Office of the President’s Drug-Free Workplace Plan are themselves subject to a program of individual random drug testing. øSEC. 624. (a) None of the funds made available in this Act or any other Act may be obligated or expended for any employee training when it is made known to the Federal official having authority to obligate or expend such funds that such employee training— (1) does not meet identified needs for knowledge, skills, and abilities bearing directly upon the performance of official duties; (2) contains elements likely to induce high levels of emotional response or psychological stress in some participants; (3) does not require prior employee notification of the content and methods to be used in the training and written end of course evaluation; (4) contains any methods or content associated with religious or quasi-religious belief systems or ‘‘new age’’ belief systems as defined in Equal Employment Opportunity Commission Notice N– 915.022, dated September 2, 1988; (5) is offensive to, or designed to change, participants’ personal values or lifestyle outside the workplace; or (6) includes content related to human immunodeficiency virus/ acquired immune deficiency syndrome (HIV/AIDS) other than that necessary to make employees more aware of the medical ramifications of HIV/AIDS and the workplace rights of HIV-positive employees. (b) Nothing in this section shall prohibit, restrict, or otherwise preclude an agency from conducting training bearing directly upon the performance of official duties.¿ øSEC. 625. No funds appropriated in this or any other Act for fiscal year 1997 may be used to implement or enforce the agreements in Standard Forms 312 and 4355 of the Government or any other nondisclosure policy, form, or agreement if such policy, form, or agreement does not contain the following provisions: ‘‘These restrictions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by Executive Order 12356; section 7211 of title 5, United States Code (governing disclosures to Congress); section 1034 of title 10, United States Code, as amended by the Military Whistleblower Protection Act (governing disclosure to Congress by members of the military); section 2302(b)(8) of title 5, United States Code, as amended by the Whistleblower Protection Act (governing disclosures of illegality, waste, fraud, abuse or public health or safety threats); the Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures that could expose confidential Government agents); and the statutes which protect against disclosure that may compromise the national security, including sections 641, 793, 794, 798, and 952 of title 18, United States Code, and section 4(b) of the Subversive Activities Act of 1950 (50 U.S.C. section 783(b)). The definitions, requirements, obligations, rights, sanctions, and liabilities created by said Executive Order and listed statutes are incorporated into this agreement and are controlling.’’: Provided, That notwithstanding the preceding paragraph, a nondisclosure policy form or agreement that is to be executed by a person connected with the conduct of an intelligence or intelligence-related activity, other than an employee or officer of the United States Government, may contain provisions appropriate to the particular activity for which such document is to be used. Such form or agreement shall, at a minimum, require that the person will not disclose any classified information received in the course of such activity unless specifically authorized to do so by the United States Government. Such nondisclosure forms shall also make it clear that they do not bar disclosures to Congress or to an authorized official of an executive agency or the Department 11 of Justice that are essential to reporting a substantial violation of law.¿ øSEC. 626. (a) None of the funds appropriated by this or any other Act may be expended by any Federal Agency to procure any product or service subject to section 5124 of Public Law 104–106 and that will be available under the procurement by the Administrator of General Services known as ‘‘FTS2000’’ unless— (1) such product or service is procured by the Administrator of General Services as part of the procurement known as ‘‘FTS2000’’; or (2) that agency establishes to the satisfaction of the Administrator of General Services that— (A) that agency’s requirements for such procurement are unique and cannot be satisfied by property and service procured by the Administrator of General Services as part of the procurement known as ‘‘FTS2000’’; and (B) the agency procurement, pursuant to such delegation, would be cost-effective and would not adversely affect the costeffectiveness of the FTS2000 procurement. (b) After December 31, 1998, subsection (a) shall apply only if the Administrator of General Services has reported that the FTS2000 procurement is producing prices that allow the Government to satisfy its requirements for such procurement in the most cost-effective manner.¿ øSEC. 627. Subsection (f) of section 403 of Public Law 103–356 is amended by deleting ‘‘October 1, 1999’’ and inserting ‘‘October 1, 2001’’.¿ øSEC. 628. (a) In General.—Notwithstanding any other provision of law, none of the funds made available by this Act for the Department of the Treasury shall be available for any activity or for paying the salary of any Government employee where funding an activity or paying a salary to a Government employee would result in a decision, determination, rule, regulation, or policy that would permit the Secretary of the Treasury to make any loan or extension of credit under section 5302 of title 31, United States Code, with respect to a single foreign entity or government of a foreign country (including agencies or other entities of that government)— (1) with respect to a loan or extension of credit for more than 60 days, unless the President certifies to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking and Financial Services of the House of Representatives that— (A) there is no projected cost (as that term is defined in section 502 of the Federal Credit Reform Act of 1990) to the United States from the proposed loan or extension of credit; and (B) any proposed obligation or expenditure of United States funds to or on behalf of the foreign government is adequately backed by an assured source of repayment to ensure that all United States funds will be repaid; and (2) other than as provided by an Act of Congress, if that loan or extension of credit would result in expenditures and obligations, including contingent obligations, aggregating more than $1,000,000,000 with respect to that foreign country for more than 180 days during the 12-month period beginning on the date on which the first such action is taken. (b) Waiver of Limitations.—The President may exceed the dollar and time limitations in subsection (a)(2) if he certifies in writing to the Congress that a financial crisis in that foreign country poses a threat to vital United States economic interests or to the stability of the international financial system. (c) Expedited Procedures for a Resolution of Disapproval.—A presidential certification pursuant to subsection (b) shall not take effect, if the Congress, within 30 calendar days after receiving such certification, enacts a joint resolution of disapproval, as described in paragraph (5) of this subsection. (1) Reference to committees.—All joint resolutions introduced in the Senate to disapprove the certification shall be referred to the Committee on Banking, Housing, and Urban Affairs, and in the House of Representatives, to the appropriate committees. (2) Discharge of committees.—(A) If the committee of either House to which a resolution has been referred has not reported it at the end of 15 days after its introduction, it is in order to move either to discharge the committee from further consideration of the joint resolution or to discharge the committee from further consideration of any other resolution introduced with respect to the same matter, except no motion to discharge shall be in order after the committee has reported a joint resolution with respect to the same matter. 12 TITLE VI—GENERAL PROVISIONS—Continued DEPARTMENTS, AGENCIES, AND CORPORATIONS—Continued (B) A motion to discharge may be made only by an individual favoring the resolution, and is privileged in the Senate; and debate thereon shall be limited to not more than 1 hour, the time to be divided in the Senate equally between, and controlled by, the majority leader and the minority leader or their designees. (3) Floor consideration in the senate.—(A) A motion in the Senate to proceed to the consideration of a resolution shall be privileged. (B) Debate in the Senate on a resolution, and all debatable motions and appeals in connection therewith, shall be limited to not more than 4 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (C) Debate in the Senate on any debatable motion or appeal in connection with a resolution shall be limited to not more than 20 minutes, to be equally divided between, and controlled by, the mover and the manager of the resolution, except that in the event the manager of the resolution is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal. (D) A motion in the Senate to further limit debate on a resolution, debatable motion, or appeal is not debatable. No amendment to, or motion to recommit, a resolution is in order in the Senate. (4) In the case of a resolution, if prior to the passage by one House of a resolution of that House, that House receives a resolution with respect to the same matter from the other House, then— (A) the procedure in that House shall be the same as if no resolution had been received from the other House; but (B) the vote on final passage shall be on the resolution of the other House. (5) For purposes of this subsection, the term ‘‘joint resolution’’ means only a joint resolution of the 2 Houses of Congress, the matter after the resolving clause of which is as follows: ‘‘That the Congress disapproves the action of the President under section 628(c) of the Treasury, Postal Service, and General Government Appropriations Act, 1997, notice of which was submitted to the Congress on ———————.’’, with the blank space being filled with the appropriate date. (d) Applicability.—This section— (1) shall not apply to any action taken as part of the program of assistance to Mexico announced by the President on January 31, 1995; and (2) shall remain in effect through fiscal year 1997.¿ øSEC. 629. (a) Technical Amendment.—Section 640 of Public Law 104–52 (109 Stat. 513) is amended by striking ‘‘Service performed’’ and inserting ‘‘Hereafter, service performed’’. (b) Effective Date.—The amendment made by subsection (a) shall take effect as if included in Public Law 104–52 on the date of its enactment.¿ SEC. ø630¿ 617. Notwithstanding any other provision of law, no part of any appropriation contained in this or any other Act for any fiscal year shall be available for paying Sunday premium or night differential pay to any employee unless such employee actually performed work during the time corresponding to such premium or differential pay. SEC. ø631¿ 618. No part of any funds appropriated in this or any other Act shall be used by an agency of the executive branch, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself. øSEC. 632. (a) The United States Courthouse under construction at 1030 Southwest 3d Avenue in Portland, Oregon, shall be known and designated as the ‘‘Mark O. Hatfield United States Courthouse’’. (b) Any reference in a law, map, regulation, document, paper, or other record of the United States to the courthouse referred to in section 901 shall be deemed to be a reference to the ‘‘Mark O. Hatfield United States Courthouse’’. (c) This section shall take effect on January 2, 1997.¿ øSEC. 633. Survivor Annuity Resumption Upon Termination of Marriage.—(a) Amendments.— (1) Civil service retirement system.—Section 8341(e) of title 5, United States Code, is amended by adding at the end the following: ‘‘(4) If the annuity of a child under this subchapter terminates under paragraph (3)(E) because of marriage, then, if such marriage ends, such annuity shall resume on the first day of the month in which it ends, but only if— ‘‘(A) any lump sum paid is returned to the Fund; and ‘‘(B) that individual is not otherwise ineligible for such annuity.’’. (2) Federal employees’ retirement system.—Section 8443(b) of such title is amended by adding at the end the following: ‘‘If the annuity of a child under this subchapter terminates under subparagraph (E) because of marriage, then, if such marriage ends, such annuity shall resume on the first day of the month in which it ends, but only if any lump sum paid is returned to the Fund, and that individual is not otherwise ineligible for such annuity.’’. (3) Federal employees health benefits.—Section 8908 of title 5, United States Code, is amended by adding at the end of the following new subsection: ‘‘(d) A surviving child whose survivor annuity under section 8341(e) or 8443(b) was terminated and is later restored under paragraph (4) of section 8341(e) or the last sentence of section 8443(b) may, under regulations prescribed by the Office, enroll in a health benefits plan described by section 8903 or 8903a if such surviving child was covered by any such plan immediately before such annuity was terminated.’’. (b) Applicability.—The amendments made by subsection (a) shall apply with respect to any termination of marriage taking effect before, on, or after the date of enactment of this Act, except that benefits shall be payable only with respect to amounts accruing for periods beginning on the first day of the month beginning after the later of such termination of marriage or such date of enactment.¿ øSEC. 634. Availability of Annual Leave For Employees Affected by Reduction in Force.—Section 6302 of title 5, United States Code, is amended by adding at the end of the following new subsection: ‘‘(g) An employee who is being involuntarily separated from an agency due to a reduction in force or transfer of function under subchapter I of chapter 35 may elect to use annual leave to the employee’s credit to remain on the agency’s rolls after the date the employee would otherwise have been separated if, and only to the extent that, such additional time in a pay status will enable the employee to qualify for an immediate annuity under section 8336, 8412, 8414, or to qualify to carry health benefits coverage into retirement under section 8905(b).’’.¿ øSEC. 635. Section 207(e)(6)(B) of title 18, United States Code, is amended by striking ‘‘level V of the Executive Schedule’’ and inserting ‘‘level 5 of the Senior Executive Service’’.¿ øSEC. 636. Reimbursements Relating to Professional Liability Insurance.—(a) Authority.—Notwithstanding any other provision of law, amounts appropriated by this Act (or any other Act for fiscal year 1997 or any fiscal year thereafter) for salaries and expenses may be used to reimburse any qualified employee for not to exceed onehalf the costs incurred by such employee for professional liability insurance. A payment under this section shall be contingent upon the submission of such information or documentation as the employing agency may require. (b) Qualified Employee.—For purposes of this section, the term ‘‘qualified employee’’ means an agency employee whose position is that of— (1) a law enforcement officer; or (2) a supervisor or management official. (c) Definitions.—For purposes of this section— (1) the term ‘‘agency’’ means an Executive agency, as defined by section 105 of title 5, United States Code, and any agency of the Legislative Branch of Government including any office or committee of the Senate or the House of Representatives; (2) the term ‘‘law enforcement officer’’ means an employee, the duties of whose position are primarily the investigation, apprehension, prosecution, or detention of individuals suspected or convicted of offenses against the criminal laws of the United States, including any law enforcement officer under section 8331(20) or 8401(17) of such title 5, or under section 4823 of title 22, United States Code; (3) the terms ‘‘supervisor’’ and ‘‘management official’’ have the respective meanings given them by section 7103(a) of such title 5, and (4) the term ‘‘professional liability insurance’’ means insurance which provides coverage for— (A) legal liability for damages due to injuries to other persons, damage to their property, or other damage or loss to such other TITLE VI—GENERAL PROVISIONS—Continued persons (including the expenses of litigation and settlement) resulting from or arising out of any tortious act, error, or omission of the covered individual (whether common law, statutory, or constitutional) while in the performance of such individual’s official duties as a qualified employee; and (B) the cost of legal representation for the covered individual in connection with any administrative or judicial proceeding (including any investigation or disciplinary proceeding) relating to any act, error, or omission of the covered individual while in the performance of such individual’s official duties as a qualified employee, and other legal costs and fees relating to any such administrative or judicial proceeding. (d) Applicability.—The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply thereafter.¿ øSEC. 637. For purposes of each provision of law amended by section 704(a)(2) of the Ethics Reform Act of 1989 (5 U.S.C. 5318 note), no adjustment under section 5303 of title 5, United States Code, shall be considered to have taken effect in fiscal year 1997 in the rates of basic pay for the statutory pay systems.¿ SEC. ø638¿ 619. For FY ø1997¿ 1998, the Secretary of the Treasury is authorized to use funds made available to the FSLIC Resolution Fund under P.L. 103–327, not to exceed ø$26,100,000¿ $33,700,000, to reimburse the Department of Justice for the reasonable expenses of litigation that are incurred in the defense of claims against the U.S. arising from FIRREA and its implementation. øSEC. 639. Section 608 of Public Law 104–52 is amended in the first sentence by inserting before the period, ‘‘, including Federal records disposed of pursuant to a records schedule’’.¿ øSEC. 640. In reviewing and analyzing the contracting out, outsourcing or privatization of business and administrative functions, and in implementing 40 U.S.C. sections 1413 and 1423, and other provisions, in title LI of the National Defense Authorization Act for fiscal year 1996 (the Information Technology Management Reform Act)— (1) the Director of the Office of Management and Budget and the heads of the executive agencies may have studies, analyses, reviews and other management assistance performed by the private sector; (2) the reviews, analyses, and studies called for by 40 U.S.C. section 1413(b)(2) (B) and (C) shall be completed and reported to the Agency Head within 180 days, or less measured from when a study analysis or review is initiated unless the Agency Head determines additional time is needed; (3) in accordance with principles and rules governing organizational conflicts of interest, persons involved in a particular study may not compete for any work that is to be or is outsourced as a result of that study; and (4) this section will apply with respect to studies occurring on or after the date of enactment of this subsection and completed before September 1, 1999 and the Comptroller General of the United States shall review and provide an assessment of this program by January 1, 1999.¿ øSEC. 641. (a) Section 1—Authorization of Appropriations.—Section 8(a)(1) of the Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note, Public Law 101–12, April 10, 1989, 103 Stat. 34, as amended Public Law 103–424, Section 1, October 29, 1994, 108 Stat. 4361), is amended by striking the words: ‘‘1993, 1994, 1995, 1996, and 1997,’’ and inserting in lieu thereof ‘‘1998, 1999, 2000, 2001, and 2002’’. (b) Section 2—Effective Date.—This Act shall take effect on October 1, 1998.¿ øSEC. 642. (a) Section 1.—Authorization of Appropriations.—Section 8(a)(1) of the Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note; Public Law 103–424; 103 Stat. 34) is amended by striking out: ‘‘1993, 1994, 1995, 1996, and 1997,’’ and inserting in lieu thereof ‘‘1998, 1999, 2000, 2001, and 2002’’. (b) Section 2—Effective Date.—This Act shall take effect on October 1, 1998.¿ øSEC. 643. Modifications of National Commission on Restructuring the Internal Revenue Service.—(a) Quorum.—Paragraph (4) of section 637(b) of the Treasury, Postal Service, and General Government Appropriations Act, 1996 (Public Law 104–52, 109 Stat. 510) is amended by striking ‘‘Seven’’ and inserting ‘‘Nine’’. (b) Co-Chairs.— (1) In general.—Paragraph (3) of section 637(b) of such Act is amended— (A) by striking ‘‘a Chairman’’ and inserting ‘‘Co-Chairs’’, and 13 (B) by striking ‘‘Chairman’’ in the heading and inserting ‘‘CoChairs’’. (2) Conforming amendments.—(A) Paragraph (5)(B) of section 637(b) of such Act is amended by striking ‘‘a Chairman’’ and inserting ‘‘Co-Chairs’’. (B) Subsections (b)(4), (d)(1)(B), (d)(3), and (e)(1) of section 637 of such Act are each amended by striking ‘‘Chairman’’ each place it appears and inserting ‘‘Co-Chairs’’. (c) Gifts.—Section 637(d) of such Act is amended by adding at the end the following new paragraph: ‘‘(6) Gifts.—The Commission may accept, use, and dispose of gifts or donations of services or property in carrying out its duties under this section.’’ (d) Travel Expenses.—Section 637(f)(2) of such Act is amended by striking ‘‘shall’’ and inserting ‘‘may’’. (e) Time for Filing Report.— (1) In general.—Paragraph (1) of section 637(g) of such Act is amended by striking ‘‘one year’’ and inserting ‘‘15 months’’. (2) Conforming amendment.—Subparagraph (A) of section 637(c)(1) of such Act is amended by striking ‘‘one year’’ and inserting ‘‘15 months’’. (f) Effective Date.—The amendments made by this section shall take effect as if included in the provisions of the Treasury, Postal Service, and General Government Appropriations Act, 1996.¿ øSEC. 644. (a) In General.—Section 202(a) of title 39, United States Code, is amended by striking ‘‘$10,000 a year’’ and inserting ‘‘$30,000 a year’’. (b) Effective Date.—Subsection (a) shall take effect at the beginning of the next applicable pay period beginning after the date of the enactment of this Act.¿ SEC. ø645¿ 620. (a) In General.—No later than September 30, ø1997¿ 1998, the Director of the Office of Management and Budget shall submit to the Congress a report that provides— (1) estimates of the total annual costs and benefits of Federal regulatory programs, including quantitative and nonquantitative measures of regulatory costs and benefits; (2) estimates of the costs and benefits (including quantitative and nonquantitative measures) of each rule that is likely to have a gross annual effect on the economy of $100,000,000 or more in increased costs; (3) an assessment of the direct and indirect impacts of Federal rules on the private sector, State and local government, and the Federal Government; and (4) recommendations from the Director and a description of significant public comments to reform or eliminate any Federal regulatory program or program element that is inefficient, ineffective, or is not a sound use of the Nation’s resources. (b) Notice.—The Director shall provide public notice and an opportunity to comment on the report under subsection (a) before the report is issued in final form. øSEC. 646. Subsection (b) of section 404 of Public Law 103–356 is amended by deleting ‘‘September 30, 1997’’ and inserting ‘‘December 31, 1999’’.¿ øSEC. 647. (a) Notwithstanding any other provision of law, the Secretary shall, on behalf of the United States, transfer to the University of Miami, without charge, title to the real property and improvements that as of the date of the enactment of this Act constitute the Federal facility known as the Perrine Primate Center, subject to the condition that, during the 10-year period beginning on the date of the transfer— (1) the University will provide for the continued use of the real property and improvements as an animal research facility, including primates, and such use will be the exclusive use of the property (with such incidental exceptions as the Secretary may approve); or (2) the real property and improvements will be used for researchrelated purposes other than the purpose specified in paragraph (1) (or for both of such purposes), if the Secretary and the University enter into an agreement accordingly. (b) The conveyance under subsection (a) shall not become effective unless the conveyance specifies that, if the University of Miami engages in a material breach of the conditions specified in such subsection, title to the real property and improvements involved reverts to the United States at the election of the Secretary. (c) The real property referred to in subsections (a) and (b) is located in the county of Dade in the State of Florida, and is a parcel consisting of the northernmost 30 acre-parcel of the area. The exact acreage and legal description used for purposes of the transfer under sub- 14 TITLE VI—GENERAL PROVISIONS—Continued DEPARTMENTS, AGENCIES, AND CORPORATIONS—Continued section (a) shall be in accordance with a survey that is satisfactory to the Secretary. (d) For the purposes of this section— (1) the term ‘‘Secretary’’ means the Secretary of Health and Human Services; and (2) the term ‘‘University of Miami’’ means the University of Miami located in the State of Florida.¿ øSEC. 648. (a) Increased Penalties for Counterfeiting Violations.— Sections 474 and 474A of title 18, United States Code, are amended by striking ‘‘class C felony’’ each place that term appears and inserting ‘‘class B felony’’. (b) Criminal Penalty for Production, Sale, Transportation, Possession of Fictitious Financial Instruments Purporting To Be Those of the States, of Political Subdivisions, and of Private Organizations.— (1) In general.—Chapter 25 of title 18, United States Code, is amended by inserting after section 513, the following new section: ‘‘SEC. 514. Fictitious obligations ‘‘(a) Whoever, with the intent to defraud— ‘‘(1) draws, prints, processes, produces, publishes, or otherwise makes, or attempts or causes the same, within the United States; ‘‘(2) passes, utters, presents, offers, brokers, issues, sells, or attempts or causes the same, or with like intent possesses, within the United States; or ‘‘(3) utilizes interstate or foreign commerce, including the use of the mails or wire, radio, or other electronic communication, to transmit, transport, ship, move, transfer, or attempts or causes the same, to, from, or through the United States, any false or fictitious instrument, document, or other item appearing, representing, purporting, or contriving through scheme or artifice, to be an actual security or other financial instrument issued under the authority of the United States, a foreign government, a State or other political subdivision of the United States, or an organization, shall be guilty of a class B felony. ‘‘(b) For purposes of this section, any term used in this section that is defined in section 513(c) has the same meaning given such term in section 513(c). ‘‘(c) The United States Secret Service, in addition to any other agency having such authority, shall have authority to investigate offenses under this section.’’. (2) Technical amendment.—The analysis for chapter 25 of title 18, United States Code, is amended by inserting after the item relating to section 513 the following: ‘‘514. Fictitious obligations.’’. (c) Period of Effect.—This section and the amendments made by this section shall become effective on the date of enactment of this Act and shall remain in effect during each fiscal year following that date of enactment.¿ øSEC. 649. None of the funds appropriated by this Act may be used by an agency to provide a Federal employee’s home address to any labor organization except when it is made known to the Federal official having authority to obligate or expend such funds that the employee has authorized such disclosure or that such disclosure has been ordered by a court of competent jurisdiction.¿ øSEC. 650. (a) No later than 45 days after the date of the enactment of this Act, the Inspector General of each Federal department or agency that uses administratively uncontrollable overtime in the pay of any employee shall— (1) conduct an audit on the use of administratively uncontrollable overtime by employees of such department or agency, which shall include— (A) an examination of the policies, extent, costs, and other relevant aspects of the use of administratively uncontrollable overtime at the department or agency; and (B) a determination of whether the eligibility criteria of the department or agency and payment of administratively uncontrollable overtime comply with Federal statutory and regulatory requirements; and (2) submit a report of the findings and conclusions of such audit to— (A) the Office of Personnel Management; (B) the Governmental Affairs Committee of the Senate; and (C) the Government Reform and Oversight Committee of the House of Representatives. (b) No later than 30 days after the submission of the report under subsection (a), the Office of Personnel Management shall issue revised guidelines to all Federal departments and agencies that— (1) limit the use of administratively uncontrollable overtime to employees meeting the statutory intent of section 5545(c)(2) of title 5, United States Code; and (2) expressly prohibit the use of administratively uncontrollable overtime for— (A) customary or routine work duties; and (B) work duties that are primarily administrative in nature, or occur in noncompelling circumstances.¿ øSEC. 651. Notwithstanding section 8116 of title 5, United States Code, and in addition to any payment made under 5 U.S.C. 8101 et seq., beginning in fiscal year 1997 and thereafter, the head of any department or agency is authorized to pay from appropriations made available to the department or agency a death gratuity to the personal representative (as that term is defined by applicable law) of a civilian employee of that department or agency whose death resulted from an injury sustained in the line of duty on or after August 2, 1990: Provided, That payments made pursuant to this section, in combination with the payments made pursuant to sections 8133(f) and 8134(a) of such title 5 and section 312 of Public Law 103–332 (108 Stat. 2537), may not exceed a total of $10,000 per employee.¿ øSEC. 653. (a) Authorization.—The Secretary of the Treasury is authorized to establish scientific certification standards for explosives detection canines, and shall provide, on a reimbursable basis, for the certification of explosives detection canines employed by Federal agencies, or other agencies providing explosives detection services at airports in the United States. (b) Authorization of Appropriations.—There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this section.¿ øSEC. 654. National Repository for Information on Explosives Incidents and Arson. (a) Section 846 of title 18, United States Code, is amended by— (1) designating the existing section as subsection (a); and (2) by adding the following new subsection (b) to read as follows: ‘‘(b) The Secretary is authorized to establish a national repository of information on incidents involving arson and the suspected criminal misuse of explosives. All Federal agencies having information concerning such incidents shall report the information to the Secretary pursuant to such regulations as deemed necessary to carry out the provisions of this subsection. The repository shall also contain information on incidents voluntarily reported to the Secretary by State and local authorities.’’. (b) There is authorized to be appropriated such sums as may be necessary to carry out the provisions of this subsection.¿ øSEC. 655. Section 5(c)(1) of Public Law 102–259 (20 U.S.C. 5603(c)(1)) is amended— (1) in subparagraph (A)(iii), by striking ‘‘and’’ after the semicolon; (2) in subparagraph (B), by striking the period and inserting ‘‘; and’’; and (3) by adding after subparagraph (B) the following: ‘‘(C) a Trustee may serve after the expiration of the Trustee’s term until a successor has been chosen.’’.¿ øSEC. 656. Notwithstanding any other provision of law, the Secretary of the Interior, through the Bureau of Indian Affairs, may directly transfer to Indian tribes in North and South Dakota portable housing units at the Grand Forks Air Force base in North Dakota which have been declared excess by the Department of Defense and requested for transfer by the Department of the Interior.¿ øSEC. 657. Section 922(q) of title 18, United States Code, is amended to read as follows: ‘‘(q)(1) The Congress finds and declares that— ‘‘(A) crime, particularly crime involving drugs and guns, is a pervasive, nationwide problem; ‘‘(B) crime at the local level is exacerbated by the interstate movement of drugs, guns, and criminal gangs; ‘‘(C) firearms and ammunition move easily in interstate commerce and have been found in increasing numbers in and around schools, as documented in numerous hearings in both the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate; ‘‘(D) in fact, even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce; ‘‘(E) while criminals freely move from State to State, ordinary citizens and foreign visitors may fear to travel to or through TITLE VI—GENERAL PROVISIONS—Continued certain parts of the country due to concern about violent crime and gun violence, and parents may decline to send their children to school for the same reason; ‘‘(F) the occurrence of violent crime in school zones has resulted in a decline in the quality of education in our country; ‘‘(G) this decline in the quality of education has an adverse impact on interstate commerce and the foreign commerce of the United States; ‘‘(H) States, localities, and school systems find it almost impossible to handle gun-related crime by themselves—even States, localities, and school systems that have made strong efforts to prevent, detect, and punish gun-related crime find their efforts unavailing due in part to the failure or inability of other States or localities to take strong measures; and ‘‘(I) the Congress has the power, under the interstate commerce clause and other provisions of the Constitution, to enact measures to ensure the integrity and safety of the Nation’s schools by enactment of this subsection. ‘‘(2)(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone. ‘‘(B) Subparagraph (A) does not apply to the possession of a firearm— ‘‘(i) on private property not part of school grounds; ‘‘(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license; ‘‘(iii) that is— ‘‘(I) not loaded; and ‘‘(II) in a locked container, or a locked firearms rack that is on a motor vehicle; ‘‘(iv) by an individual for use in a program approved by a school in the school zone; ‘‘(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual; ‘‘(vi) by a law enforcement officer acting in his or her official capacity; or ‘‘(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities. ‘‘(3)(A) Except as provided in subparagraph (B), it shall be unlawful for any person, knowingly or with reckless disregard for the safety of another, to discharge or attempt to discharge a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the person knows is a school zone. ‘‘(B) Subparagraph (A) does not apply to the discharge of a firearm— ‘‘(i) on private property not part of school grounds; ‘‘(ii) as part of a program approved by a school in the school zone, by an individual who is participating in the program; ‘‘(iii) by an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual; or ‘‘(iv) by a law enforcement officer acting in his or her official capacity. ‘‘(4) Nothing in this subsection shall be construed as preempting or preventing a State or local government from enacting a statute establishing gun free school zones as provided in this subsection.’’.¿ øSEC. 658. GUN BAN FOR INDIVIDUALS CONVICTED OF A MISDEMEANOR CRIME OF DOMESTIC VIOLENCE. (a) Definition.—Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ‘‘(33)(A) Except as provided in subparagraph (C), the term ‘misdemeanor crime of domestic violence’ means an offense that— ‘‘(i) is a misdemeanor under Federal or State law; and ‘‘(ii) has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the 15 victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim. ‘‘(B)(i) A person shall not be considered to have been convicted of such an offense for purposes of this chapter, unless— ‘‘(I) the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and (II) in the case of a prosecution for an offense described in this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either (aa) the case was tried by a jury, or (bb) the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise. ‘‘(ii) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.’’. (b) Prohibitions.— (1) Section 922(d) of such title is amended— (A) by striking ‘‘or’’ at the end of paragraph (7); (B) by striking the period at the end of paragraph (8) and inserting ‘‘; or’’; and (C) by inserting after paragraph (8) the following: ‘‘(9) has been convicted in any court of a misdemeanor crime of domestic violence.’’. (2) Section 922(g) of such title is amended— (A) by striking ‘‘or’’ at the end of paragrph (7); (B) by striking the comma at the end of paragraph (8) and inserting ‘‘; or’’; and (C) by inserting after paragraph (8) the following: ‘‘(9) who has been convicted in any court of a misdemeanor crime of domestic violence,’’. (3) Section 922(s)(3)(B)(i) of such title is amended by inserting ‘‘, and has not been convicted in any court of a misdemeanor crime of domestic violence’’ before this semicolon. (c) Government Entities Not Excepted.—Section 925(a)(1) of such title is amended by inserting ‘‘sections 922(d)(9) and 922(g)(9) and’’ after ‘‘except for’’. ¿ øSEC. 659. THRIFT SAVINGS PLAN.—Text omitted. This section amended permanent legislation.¿ øSEC. 660. Notwithstanding Section 613, interagency financing is authorized to carry out the purposes of the National Bioethics Advisory Commission.¿ øSEC. 661. (a) Designation.—The United States courthouse to be constructed at 111 South 18th Plaza, Omaha, Nebraska, shall be known and designated as the ‘‘Roman L. Hruska United States Courthouse’’. (b) References.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the United States courthouse referred to in section 1 shall be deemed to be a reference to the ‘‘Roman L. Hruska United States Courthouse’’.¿ øSEC. 662. (a) Provisions Relating to Title 39, United States Code.—Text omitted. This amended permanent law to establish an Inspector General for the Postal Service.¿ øSEC. 663. Voluntary Separation Incentives for Employees of Certain Federal Agencies.—(a) Definitions.—For the purposes of this section— (1) the term ‘‘agency’’ means any Executive agency (as defined in section 105 of title 5, United States Code), other than an Executive agency (except an agency receiving such authority in the Department of Transportation Appropriations Act, 1997) that is authorized by any other provision of this Act or any other Act to provide voluntary separation incentive payments during all, or any part of, fiscal year 1997; and (2) the term ‘‘employee’’ means an employee (as defined by section 2105 of title 5, United States Code) who is employed by an agency, is serving under an appointment without time limitation, and has been currently employed for a continuous period of at least 3 years, but does not include— (A) a reemployed annuitant under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or another retirement system for employees of the agency; (B) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement 16 TITLE VI—GENERAL PROVISIONS—Continued DEPARTMENTS, AGENCIES, AND CORPORATIONS—Continued under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or another retirement system for employees of the agency; (C) an employee who is in receipt of a specific notice of involuntary separation for misconduct or unacceptable performance; (D) an employee who, upon completing an additional period of service as referred to in section 3(b)(2)(B)(ii) of the Federal Workforce Restructuring Act of 1994 (5 U.S.C. 5597 note), would qualify for a voluntary separation incentive payment under section 3 of such Act; (E) an employee who has previously received any voluntary separation incentive payment by the Federal Government under this section or any other authority and has not repaid such payment; (F) an employee covered by statutory reemployment rights who is on transfer to another organization; or (G) any employee who, during the twenty four month period preceding the date of separation, has received a recruitment or relocation bonus under section 5753 of title 5, United States Code, or who, within the twelve month period preceding the date of separation, received a retention allowance under section 5754 of title 5, United States Code. (b) Agency Strategic Plan.— (1) In general.—The head of each agency, prior to obligating any resources for voluntary separation incentive payments, shall submit to the House and Senate Committees on Appropriations and the Committee on Governmental Affairs of the Senate and the Committee on Government Reform and Oversight of the House of Representatives a strategic plan outlining the intended use of such incentive payments and a proposed organizational chart for the agency once such incentive payments have been completed. (2) Contents.—The agency’s plan shall include— (A) the positions and functions to be reduced or eliminated, identified by organizational unit, geographic location, occupational category and grade level; (B) the number and amounts of voluntary separation incentive payments to be offered; and (C) a description of how the agency will operate without the eliminated positions and functions. (c) Authority To Provide Voluntary Separation Incentive Payments.— (1) In general.—A voluntary separation incentive payment under this section may be paid by an agency to any employee only to the extent necessary to eliminate the positions and functions identified by the strategic plan. (2) Amount and treatment of payments.—A voluntary separation incentive payment— (A) shall be paid in a lump sum after the employee’s separation; (B) shall be paid from appropriations or funds available for the payment of the basic pay of the employees; (C) shall be equal to the lesser of— (i) an amount equal to the amount the employee would be entitled to receive under section 5595(c) of title 5, United States Code; or (ii) an amount determined by the agency head not to exceed $25,000; (D) may not be made except in the case of any qualifying employee who voluntarily separates (whether by retirement or resignation) before December 31, 1997; (E) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; and (F) shall not be taken into account in determining the amount of any severance pay to which the employee may be entitled under section 5595 of title 5, United States Code, based on any other separation. (d) Additional Agency Contributions to the Retirement Fund.— (1) In general.—In addition to any other payments which it is required to make under subchapter III of chapter 83 of title 5, United States Code, an agency shall remit to the Office of Personnel Management for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund an amount equal to 15 percent of the final basic pay of each employee of the agency who is covered under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, to whom a voluntary separation incentive has been paid under this section. (2) Definition.—For the purpose of paragraph (1), the term ‘‘final basic pay’’, with respect to an employee, means the total amount of basic pay which would be payable for a year of service by such employee, computed using the employee’s final rate of basic pay, and, if last serving on other than a full-time basis, with appropriate adjustment therefor. (e) Effect of Subsequent Employment With the Government.—An individual who has received a voluntary separation incentive payment under this section and accepts any employment for compensation with the Government of the United States, or who works for any agency of the United States Government through a personal services contract, within 5 years after the date of the separation on which the payment is based shall be required to pay, prior to the individual’s first day of employment, the entire amount of the incentive payment to the agency that paid the incentive payment. (f) Reduction of Agency Employment Levels.— (1) In general.—The total number of funded employee positions in the agency shall be reduced by one position for each vacancy created by the separation of any employee who has received, or is due to receive, a voluntary separation incentive payment under this section. For the purposes of this subsection, positions shall be counted on a full-time equivalent basis. (2) Enforcement.—The President, through the Office of Management and Budget, shall monitor the agency and take any action necessary to ensure that the requirements of this subsection are met. (g) Effective Date.—This section shall take effect October 1, 1996.¿ øSEC. 664. ELECTRONIC BENEFIT TRANSFER PILOT. Title 31, United States Code, is amended by inserting after section 3335 the following new section: ‘‘SEC. 3336. Electronic benefit transfer pilot ‘‘(a) The Congress finds that: ‘‘(1) Electronic benefit transfer (EBT) is a safe, reliable, and economical way to provide benefit payments to individuals who do not have an account at a financial institution. ‘‘(2) The designation of financial institutions as financial agents of the Federal Government for EBT is an appropriate and reasonable use of the Secretary’s authority to designate financial agents. ‘‘(3) A joint federal-state EBT system offers convenience and economies of scale for those states (and their citizens) that wish to deliver state-administered benefits on a single card by entering into a partnership with the federal government. ‘‘(4) The Secretary’s designation of a financial agent to deliver EBT is a specialized service not available through ordinary business channels and may be offered to the states pursuant to section 6501 et seq. of this title. ‘‘(b) The Secretary shall continue to carry out the existing EBT pilot to disburse benefit payments electronically to recipients who do not have an account at a financial institution, which shall include the designation of one or more financial institutions as a financial agent of the Government, and the offering to the participating states of the opportunity to contract with the financial agent selected by the Secretary, as described in the Invitation for Expressions of Interest to Acquire EBT Services for the Southern Alliance of States dated March 9, 1995, as amended as of June 30, 1995, July 7, 1995, and August 1, 1995. ‘‘(c) The selection and designation of financial agents, the design of the pilot program, and any other matter associated with or related to the EBT pilot described in subsection (b) shall not be subject to judicial review.’’¿ øSEC. 665. DESIGNATION OF FINANCIAL AGENTS. 1. 12 U.S.C. 90 is amended by adding at the end thereof the following: ‘‘Notwithstanding the Federal Property and Administrative Services Act of 1949, as amended, the Secretary may select associations as financial agents in accordance with any process the Secretary deems appropriate and their reasonable duties may include the provision of electronic benefit transfer services (including Stateadministered benefits with the consent of the States), as defined by the Secretary.’’. 2. Make conforming amendments to 12 U.S.C. 265, 266, 391, 1452(d), 1767, 1789a, 2013, 2122 and to 31 U.S.C. 3122 and 3303.¿ (Treasury, Postal Serivce and General Government Appropriations Acts, 1997.)
@FedFRASER