[Appendix]
[Detailed Budget Estimates by Agency]
[Government-Wide General Provisions]
[From the U.S. Government Printing Office, www.gpo.gov]
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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 [1997] 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.
[Sec. 610. No part of any appropriation for the current fiscal year
contained in this or any other Act shall be paid to any person for the
filling of any position for which he or she has been nominated after the
Senate has voted not to approve the nomination of said person.]
[Sec. 611. 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.]
[Sec. 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.
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``(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.]
[Sec. 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. [614] 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).
[Sec. 615. None of the funds made available pursuant to the
provisions of this Act shall be used to implement, administer, or
enforce any regulation which has been disapproved pursuant to a
resolution of disapproval duly adopted in accordance with the applicable
law of the United States.]
Sec. [616] 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, [1997]
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, [1996] 1997, until the
normal effective date of the applicable wage survey adjustment that
is to take effect in fiscal year [1997] 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
[1997] 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
[1997] 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 [1997] 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
[1996] 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, [1996] 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, [1996] 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, [1996] 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. [617] 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 [approved 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.
[Sec. 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. [619] 613. Notwithstanding section 1346 of title 31, United
States Code, [or section 613 of this Act,] funds made available for
fiscal year [1997] 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. [620] 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 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 Transportation, the Department of the Treasury, and
the Department of Energy performing intelligence functions; and
(7) the Director of Central Intelligence.
Sec. [621] 615. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any other Act
for fiscal year [1997] 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
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in violation of title VII of the Civil Rights Act of 1964, as amended,
the Age Discrimination in Employment Act of 1967, and the Rehabilitation
Act of 1973.
[Sec. 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. [623] 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.
[Sec. 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.]
[Sec. 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 of Justice
that are essential to reporting a substantial violation of law.]
[Sec. 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 cost-
effectiveness 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.]
[Sec. 627. Subsection (f) of section 403 of Public Law 103-356 is
amended by deleting ``October 1, 1999'' and inserting ``October 1,
2001''.]
[Sec. 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.
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(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.]
[Sec. 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. [630] 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. [631] 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.
[Sec. 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.]
[Sec. 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.]
[Sec. 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).''.]
[Sec. 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''.]
[Sec. 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 one-half 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
[[Page 13]]
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.]
[Sec. 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. [638] 619. For FY [1997] 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 [$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.
[Sec. 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''.]
[Sec. 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.]
[Sec. 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.]
[Sec. 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.]
[Sec. 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
(B) by striking ``Chairman'' in the heading and inserting
``Co-Chairs''.
(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.]
[Sec. 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. [645] 620. (a) In General.--No later than September 30, [1997]
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.
[Sec. 646. Subsection (b) of section 404 of Public Law 103-356 is
amended by deleting ``September 30, 1997'' and inserting ``December 31,
1999''.]
[Sec. 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
research-related 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
[[Page 14]]
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.]
[Sec. 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.]
[Sec. 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.]
[Sec. 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.]
[Sec. 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.]
[Sec. 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.]
[Sec. 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.]
[Sec. 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.''.]
[Sec. 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.]
[Sec. 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
[[Page 15]]
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.''.]
[Sec. 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 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''. ]
[Sec. 659. THRIFT SAVINGS PLAN.--Text omitted. This section amended
permanent legislation.]
[Sec. 660. Notwithstanding Section 613, interagency financing is
authorized to carry out the purposes of the National Bioethics Advisory
Commission.]
[Sec. 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''.]
[Sec. 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.]
[Sec. 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
[[Page 16]]
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.]
[Sec. 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.'']
[Sec. 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
State-administered 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.)