[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
Sec. 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 [1999] 2000 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, in fiscal year
1999 and thereafter, 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] 603. 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] 604. 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. 5922-5924.
Sec. [606] 605. 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 qualifies 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 a 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] 606. 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] 607. 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 No. [12873 (October 20,
1993)] 13101 (September 14, 1998), 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] 608. 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. 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. [612] 609. 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
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U.S.C. 318a and 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. 613. 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. [614] 610. (a) Notwithstanding any other provision of law, and
except as otherwise provided in this section, no part of any of the
funds appropriated for fiscal year [1999] 2000, 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 614 of the Treasury and General
Government Appropriations Act, [1998] 1999, until the normal
effective date of the applicable wage survey adjustment that is to
take effect in fiscal year [1999] 2000, in an amount that exceeds
the rate payable for the applicable grade and step of the applicable
wage schedule in accordance with such section 614; and
(2) during the period consisting of the remainder of fiscal year
[1999] 2000, 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 [1999] 2000 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 [1999] 2000 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 [1998] 1999 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, [1998] 1999, 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, [1998] 1999, 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, [1998] 1999.
(f) For the purpose of administering any provision of law (including
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. [615] 611. 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. 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. 616. 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 Committees on Appropriations, except
that the Federal Law Enforcement Training Center is authorized to obtain
the temporary use of additional facilities by lease, contract, or other
agreement for training which cannot be accommodated in existing Center
facilities.]
Sec. [617] 612. Notwithstanding section 1346 of title 31, United
States Code, [or section 611 of this Act,] funds made available for
fiscal year [1999] 2000 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 No.
12472 (April 3, 1984).
Sec. [618] 613. (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. [619] 614. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any other Act
for fiscal year [1999] 2000 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 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. 620. 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. 621. 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 1999 in the rates of
basic pay for the statutory pay systems.]
Sec. [622] 615. None of the funds appropriated in this or any other
Act shall be used to acquire information technologies which do not
comply with part 39.106 (Year 2000 compliance) of the Federal
Acquisition Regulation, unless an agency's Chief Information Officer
determines that noncompliance with part 39.106 is necessary to the
function and operation of the requesting agency or the acquisition is
required by a signed contract with the agency in effect before the date
of enactment of this Act. Any waiver granted by the Chief
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Information Officer shall be reported to the Office of Management and
Budget, and copies shall be provided to Congress.
Sec. [623] 616. None of the funds made available in this Act for the
United States Customs Service may be used to allow the importation into
the United States of any good, ware, article, or merchandise mined,
produced, or manufactured by forced or indentured child labor, as
determined pursuant to section 307 of the Tariff Act of 1930 (19 U.S.C.
1307).
[Sec. 624. Notwithstanding any other provision of law, no part of
any funds provided by this Act or any other Act beginning in fiscal year
1999 and thereafter shall be available for paying Sunday premium pay to
any employee unless such employee actually performed work during the
time corresponding to such premium pay.]
Sec. [625] 617. No part of any appropriation contained in this or
any other Act shall be available for the payment of the salary of any
officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to prohibit
or prevent, any other officer or employee of the Federal Government
from having any direct oral or written communication or contact with
any Member, committee, or subcommittee of the Congress in connection
with any matter pertaining to the employment of such other officer
or employee or pertaining to the department or agency of such other
officer or employee in any way, irrespective of whether such
communication or contact is at the initiative of such other officer
or employee or in response to the request or inquiry of such Member,
committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes, reduces in
rank, seniority, status, pay, or performance of efficiency rating,
denies promotion to, relocates, reassigns, transfers, disciplines,
or discriminates in regard to any employment right, entitlement, or
benefit, or any term or condition of employment of, any other
officer or employee of the Federal Government, or attempts or
threatens to commit any of the foregoing actions with respect to
such other officer or employee, by reason of any communication or
contact of such other officer or employee with any Member,
committee, or subcommittee of the Congress as described in paragraph
(1).
[Sec. 626. Section 626(b) of the Treasury, Postal Service, and
General Government Appropriations Act, 1997, as contained in section
101(f) of Public Law 104-208 (110 Stat. 3009-360), the Omnibus
Consolidated Appropriations Act, 1997, is amended to read as follows:
``(b) Until September 30, 1999, or until the end of the current FTS 2000
contracts, whichever is earlier, subsection (a) shall continue to apply
to the use of the funds appropriated by this or any other Act.''.]
Sec. [627] 618. (a) Definitions.--In this section--
(1) the term ``crime of violence'' has the meaning given that
term in section 16 of title 18, United States Code; and
(2) the term ``law enforcement officer'' means any employee
described in subparagraph (A), (B), or (C) of section 8401(17) of
title 5, United States Code; and any special agent in the Diplomatic
Security Service of the Department of State.
(b) Rule of Construction.--Notwithstanding any other provision of
law, for purposes of chapter 171 of title 28, United States Code, or any
other provision of law relating to tort liability, a law enforcement
officer shall be construed to be acting within the scope of his or her
office or employment, if the officer takes reasonable action, including
the use of force, to--
(1) protect an individual in the presence of the officer from a
crime of violence;
(2) provide immediate assistance to an individual who has
suffered or who is threatened with bodily harm; or
(3) prevent the escape of any individual who the officer
reasonably believes to have committed in the presence of the officer
a crime of violence.
[Federal Firefighters Overtime Pay Reform Act of 1998]
[Sec. 628. (a) In General.--Subchapter V of chapter 55 of title 5,
United States Code, is amended--
(1) in section 5542 by adding at the end the following new
subsection:
``(f) In applying subsection (a) of this section with respect to a
firefighter who is subject to section 5545b--
``(1) such subsection shall be deemed to apply to hours of work
officially ordered or approved in excess of 106 hours in a biweekly
pay period, or, if the agency establishes a weekly basis for
overtime pay computation, in excess of 53 hours in an administrative
workweek; and
``(2) the overtime hourly rate of pay is an amount equal to one
and one-half times the hourly rate of basic pay under section 5545b
(b)(1)(A) or (c)(1)(B), as applicable, and such overtime hourly rate
of pay may not be less than such hourly rate of basic pay in
applying the limitation on the overtime rate provided in paragraph
(2) of such subsection (a).''; and
(2) by inserting after section 5545a the following new section:
``Sec. 5545b. Pay for firefighters
``(a) This section applies to an employee whose position is
classified in the firefighter occupation in conformance with the GS-081
standard published by the Office of Personnel Management, and whose
normal work schedule, as in effect throughout the year, consists of
regular tours of duty which average at least 106 hours per biweekly pay
period.
``(b)(1) If the regular tour of duty of a firefighter subject to
this section generally consists of 24-hour shifts, rather than a basic
40-hour workweek (as determined under regulations prescribed by the
Office of Personnel Management), section 5504(b) shall be applied as
follows in computing pay--
``(A) paragraph (1) of such section shall be deemed to require
that the annual rate be divided by 2756 to derive the hourly rate;
and
``(B) the computation of such firefighter's daily, weekly, or
biweekly rate shall be based on the hourly rate under subparagraph
(A);
``(2) For the purpose of sections 5595(c), 5941, 8331(3), and
8704(c), and for such other purposes as may be expressly provided for by
law or as the Office of Personnel Management may by regulation
prescribe, the basic pay of a firefighter subject to this subsection
shall include an amount equal to the firefighter's basic hourly rate (as
computed under paragraph (1)(A)) for all hours in such firefighter's
regular tour of duty (including overtime hours).
``(c)(1) If the regular tour of duty of a firefighter subject to
this section includes a basic 40-hour workweek (as determined under
regulations prescribed by the Office of Personnel Management), section
5504(b) shall be applied as follows in computing pay--
``(A) the provisions of such section shall apply to the hours
within the basic 40-hour workweek;
``(B) for hours outside the basic 40-hour workweek, such section
shall be deemed to require that the hourly rate be derived by
dividing the annual rate by 2756; and
``(C) the computation of such firefighter's daily, weekly, or
biweekly rate shall be based on subparagraphs (A) and (B), as each
applies to the hours involved.
``(2) For purposes of sections 5595(c), 5941, 8331(3), and 8704(c),
and for such other purposes as may be expressly provided for by law or
as the Office of Personnel Management may by regulation prescribe, the
basic pay of a firefighter subject to this subsection shall include--
``(A) an amount computed under paragraph (1)(A) for the hours
within the basic 40-hour workweek; and
``(B) an amount equal to the firefighter's basic hourly rate (as
computed under paragraph (1)(B)) for all hours outside the basic 40-
hour workweek that are within such firefighter's regular tour of
duty (including overtime hours).
``(d)(1) A firefighter who is subject to this section shall receive
overtime pay in accordance with section 5542, but shall not receive
premium pay provided by other provisions of this subchapter.
``(2) For the purpose of applying section 7(k) of the Fair Labor
Standards Act of 1938 to a firefighter who is subject to this section,
no violation referred to in such section 7(k) shall be deemed to have
occurred if the requirements of section 5542(a) are met, applying
section 5542(a) as provided in subsection (f) of that section: Provided,
That the overtime hourly rate of pay for such firefighter shall in all
cases be an amount equal to one and one-half times the firefighter's
hourly rate of basic pay under subsection (b)(1)(A) or (c)(1)(B) of this
section, as applicable.
``(3) The Office of Personnel Management may prescribe regulations,
with respect to firefighters subject to this section, that would permit
an agency to reduce or eliminate the variation in the amount of
firefighters' biweekly pay caused by work scheduling cycles that result
in varying hours in the regular tours of duty from pay period to pay
period. Under such regulations, the pay that a firefighter would
otherwise receive for regular tours of duty over the work scheduling
cycle shall, to the extent practicable, remain unaffected.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 55 of title 5, United States Code, is amended by inserting after
the item relating to section 5545a the following:
``5545b. Pay for firefighters.''.
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(c) Training.--Section 4109 of title 5, United States Code, is
amended by adding at the end the following new subsection:
``(d) Notwithstanding subsection (a)(1), a firefighter who is
subject to section 5545b of this title shall be paid basic pay and
overtime pay for the firefighter's regular tour of duty while attending
agency sanctioned training.''.
(d) Inclusion in Basic Pay for Federal Retirement.--Section 8331(3)
of title 5, United States Code, is amended--
(1) by striking ``and'' after subparagraph (D);
(2) by redesignating subparagraph (E) as subparagraph (G);
(3) by inserting the following:
``(E) with respect to a criminal investigator,
availability pay under section 5545a of this title;
``(F) pay as provided in section 5545b (b)(2) and
(c)(2); and ''; and
(4) by striking ``subparagraphs (B), (C), (D), and (E)'' and
inserting ``subparagraphs (B) through (G)''.
(e) Effective Date.--The amendments made by this section shall take
effect on the first day of the first applicable pay period which begins
on or after October 1, 1998.
(f) Regulations.--Under regulations prescribed by the Office of
Personnel Management, a firefighter subject to section 5545b of title 5,
United States Code, as added by this section, whose regular tours of
duty average 60 hours or less per workweek and do not include a basic
40-hour workweek, shall, upon implementation of this section, be granted
an increase in basic pay equal to 2 step-increases of the applicable
General Schedule grade, and such increase shall not be an equivalent
increase in pay. If such increase results in a change to a longer
waiting period for the firefighter's next step increase, the firefighter
shall be credited with an additional year of service for the purpose of
such waiting period. If such increase results in a rate of basic pay
which is above the maximum rate of the applicable grade, such resulting
pay rate shall be treated as a retained rate of basic pay in accordance
with section 5363 of title 5, United States Code.
(g) No Reduction in Regular Pay.--Under regulations prescribed by
the Office of Personnel Management, the regular pay (over the
established work scheduling cycle) of a firefighter subject to section
5545b of title 5, United States Code, as added by this section, shall
not be reduced as a result of the implementation of this section.]
[Sec. 629. (1) Not later than 180 days after the date of enactment
of this Act, the Director of the Office of National Drug Control Policy,
the Secretary of the Treasury, and the Attorney General shall conduct a
joint review of Federal efforts and submit to the appropriate
congressional committees, including the Committees on Appropriations, a
plan to improve coordination among the Federal agencies with
responsibility to protect the borders against drug trafficking. The
review shall also include consideration of Federal agencies'
coordination with State and local law enforcement agencies. The plan
shall include an assessment and action plan, including the activities of
the following departments and agencies:
(A) Department of the Treasury;
(B) Department of Justice;
(C) United States Coast Guard;
(D) Department of Defense;
(E) Department of Transportation;
(F) Department of State; and
(G) Department of Interior.
(2) The purpose of the plan under paragraph (1) is to maximize the
effectiveness of the border control efforts in achieving the objectives
of the national drug control strategy in a manner that is also
consistent with the goal of facilitating trade. In order to maximize the
effectiveness, the plan shall:
(A) specify the methods used to enhance cooperation, planning
and accountability among the Federal, State, and local agencies with
responsibilities along the Southwest border;
(B) specify mechanisms to ensure cooperation among the agencies,
including State and local agencies, with responsibilities along the
Southwest border;
(C) identify new technologies that will be used in protecting
the borders including conclusions regarding appropriate deployment
of technology;
(D) identify new initiatives for infrastructure improvements;
(E) recommend reinforcements in terms of resources, technology
and personnel necessary to ensure capacity to maintain appropriate
inspections;
(F) integrate findings of the White House Intelligence
Architecture Review into the plan; and
(G) make recommendations for strengthening the HIDTA program
along the Southwest border.]
[Sec. 630. (a) Flexiplace Work Telecommuting Programs.--For fiscal
year 1999 and each fiscal year thereafter, of the funds made available
to each Executive agency for salaries and expenses, at a minimum $50,000
shall be available only for the necessary expenses of the Executive
agency to carry out a flexiplace work telecommuting program.
(b) Definitions.--For purposes of this section:
(1) Executive agency.--The term ``Executive agency'' means the
following list of departments and agencies: Department of State,
Treasury, Defense, Justice, Interior, Labor, Health and Human
Services, Agriculture, Commerce, Housing and Urban Development,
Transportation, Energy, Education, Veterans' Affairs, General
Services Administration, Office of Personnel Management, Small
Business Administration, Social Security Administration,
Environmental Protection Agency, U.S. Postal Service.
(2) Flexiplace work telecommuting program.--The term
``flexiplace work telecommuting program'' means a program under
which employees of an Executive agency are permitted to perform all
or a portion of their duties at a flexiplace work telecommuting
center established under section 210(l) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 490(l)) or other
Federal law.]
[Sec. 631. (a) Meritorious Executive.--Section 4507(e)(1) of title
5, United States Code, is amended by striking ``$10,000'' and inserting
``an amount equal to 20 percent of annual basic pay''.
(b) Distinguished Executive.--Section 4507(e)(2) of title 5, United
States Code, is amended by striking ``$20,000'' and inserting ``an
amount equal to 35 percent of annual basic pay''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 1998, or the date of enactment of this Act,
whichever is later.]
[Sec. 632. (a) Career SES Performance Awards.--Section 5384(b)(3) of
title 5, United States Code, is amended--
(1) by striking ``3 percent'' and inserting ``10 percent''; and
(2) by striking ``15 percent'' and inserting ``20 percent''.
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 1998, or the date of enactment of this Act,
whichever is later.]
[Sec. 633. (a) International Postal Arrangements.--Section 407 of
title 39, United States Code, is amended to read as follows:
``Sec. 407. International Postal Arrangements.
``(a)(1) The Secretary of State shall have primary responsibility
for formulation, coordination and oversight of policy with respect to
United States participation in the Universal Postal Union, including the
Universal Postal Convention and other Acts of the Universal Postal
Union, amendments thereto, and all postal treaties and conventions
concluded within the framework of the Convention and such Acts.
``(2) Subject to subsection (d), the Secretary may, with the consent
of the President, negotiate and conclude treaties, conventions and
amendments referred to in paragraph (1).
``(b)(1) Subject to subsections (a), (c), and (d), the Postal
Service may, with the consent of the President, negotiate and conclude
postal treaties and conventions.
``(2) The Postal Service may, with the consent of the President,
establish rates of postage or other charges on mail matter conveyed
between the United States and other countries.
``(3) The Postal Service shall transmit a copy of each postal treaty
or convention concluded with other governments under the authority of
this subsection to the Secretary of State, who shall furnish a copy to
the Public Printer for publication.
``(c) The Postal Service shall not conclude any treaty or convention
under the authority of this section or any other arrangement related to
the delivery of international postal services that is inconsistent with
any policy developed pursuant to subsection (a).
``(d) In carrying out their responsibilities under this section, the
Secretary and the Postal Service shall consult with such federal
agencies as the Secretary or the Postal Service considers appropriate,
private providers of international postal services, users of
international postal services, the general public, and such other
persons as the Secretary or the Postal Service considers appropriate.''.
[[Page 13]]
(b) Sense of Congress.--It is the sense of Congress that any treaty,
convention or amendment entered into under the authority of section 407
of title 39 of the United States Code, as amended by this section,
should not grant any undue or unreasonable preference to the Postal
Service, a private provider of postal services, or any other person.
(c) Trade-In-Service Programs.--The second sentence of paragraph (5)
of section 306(a) of the Trade and Tariff Act of 1984 (19 U.S.C.
2114b(5)) is amended by inserting ``postal and delivery services,''
after ``transportation.''
(d) Transfer of Funds.--In fiscal year 1999 and each fiscal year
hereafter, the Postal Service shall allocate to the Department of State
from any funds available to the Postal Service such sums as may be
reasonable, documented and auditable for the Department of State to
carry out the activities of Section 407 of title 39 of the United States
Code.]
Sec. [634] 619. 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. 635. (a) None of the funds made available in this or any other
Act may be obligated or expended for any employee training that--
(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; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(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. 636. No funds appropriated in this or any other Act for fiscal
year 1999 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 No.
12958; 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. 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. [637] 620. 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. [638] 621. (a) In General.--For calendar year 2000, the
Director of the Office of Management and Budget shall prepare and submit
to Congress, with the budget submitted under section 1105 of title 31,
United States Code, an accounting statement and associated report
containing--
(1) an estimate of the total annual costs and benefits
(including quantifiable and nonquantifiable effects) of Federal
rules and paperwork, to the extent feasible--
(A) in the aggregate;
(B) by agency and agency program; and
(C) by major rule;
(2) an analysis of impacts of Federal regulation on State,
local, and tribal government, small business, wages, and economic
growth; and
(3) recommendations for reform.
(b) Notice.--The Director of the Office of Management and Budget
shall provide public notice and an opportunity to comment on the
statement and report under subsection (a) before the statement and
report are submitted to Congress.
(c) Guidelines.--To implement this section, the Director of the
Office of Management and Budget shall issue guidelines to agencies to
standardize--
(1) measures of costs and benefits; and
(2) the format of accounting statements.
(d) Peer Review.--The Director of the Office of Management and
Budget shall provide for independent and external peer review of the
guidelines and each accounting statement and associated report under
this section. Such peer review shall not be subject to the Federal
Advisory Committee Act (5 U.S.C. App.).
[Sec. 639. None of the funds appropriated by this Act or any other
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. [640] 622. 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.
[Sec. 641. None of the funds made available in this Act or any other
Act may be used to provide any non-public information such as mailing or
telephone lists to any person or any organization outside of the Federal
Government without the approval of the Committees on Appropriations.]
Sec. [642] 623. No part of any appropriation contained in this or
any other Act shall be used for publicity or propaganda purposes within
the United States not heretofore authorized by the Congress.
[Sec. 643. The Director of the United States Marshals Service is
directed to conduct a quarterly threat assessment on the Director of the
Office of National Drug Control Policy.]
[Sec. 644. Section 636(c) of Public Law 104-208 is amended as
follows:
(1) In subparagraph (1) by inserting after ``United States
Code'' the following: ``any agency or court in the Judicial
Branch,'';
(2) In subparagraph (2) by amending ``prosecution, or
detention'' to read: ``prosecution, detention, or supervision''; and
(3) In subparagraph (3) by inserting after ``title 5,'' the
following: ``and, with regard to the Judicial Branch, mean a justice
or judge of the United States as defined in 28 U.S.C. 451 in regular
active service or retired from regular active service, other
judicial officers as authorized by the Judicial Conference of the
United States, and supervisors and managers within the Judicial
Branch as authorized by the Judicial Conference of the United
States,''.]
[Sec. 645. (a) In this section the term ``agency''--
(1) means an Executive agency as defined under section 105 of
title 5, United States Code;
[[Page 14]]
(2) includes a military department as defined under section 102
of such title, the Postal Service, and the Postal Rate Commission;
and
(3) shall not include the General Accounting Office.
(b) Unless authorized in accordance with law or regulations to use
such time for other purposes, an employee of an agency shall use
official time in an honest effort to perform official duties. An
employee not under a leave system, including a Presidential appointee
exempted under section 6301(2) of title 5, United States Code, has an
obligation to expend an honest effort and a reasonable proportion of
such employee's time in the performance of official duties.]
[Sec. 646. Notwithstanding any other provision of law, the Secretary
of the Treasury is authorized to, upon submission of proper
documentation (as determined by the Secretary), reimburse importers of
large capacity military magazine rifles as defined in the Treasury
Department's April 6, 1998 ``Study on the Sporting Suitability of
Modified Semiautomatic Assault Rifles'', for which authority had been
granted to import such firearms into the United States on or before
November 14, 1997, and released under bond to the importer by the U.S.
Customs Service on or before February 10, 1998: Provided, That the
importer abandons title to the firearms to the United States: Provided
further, That reimbursements are submitted to the Secretary for his
approval within 120 days of enactment of this provision. In no event
shall reimbursements under this provision exceed the importers cost for
the weapons, plus any shipping, transportation, duty, and storage costs
related to the importation of such weapons. Money made available for
expenditure under 31 U.S.C. section 1304(a) in an amount not to exceed
$1,000,000 shall be available for reimbursements under this provision:
Provided, That accepting the compensation provided under this provision
is final and conclusive and constitutes a complete release of any and
all claims, demands, rights, and causes of action whatsoever against the
United States, its agencies, officers, or employees arising from the
denial by the Department of the Treasury of the entry of such firearms
into the United States. Such compensation is not otherwise required by
law and is not intended to create or recognize any legally enforceable
right to any person.]
[Sec. 647. (a) The adjustment in rates of basic pay for the
statutory pay systems that takes effect in fiscal year 1999 under
sections 5303 and 5304 of title 5, United States Code, shall be an
increase of 3.6 percent.
(b) Funds used to carry out this section shall be paid from
appropriations which are made to each applicable department or agency
for salaries and expenses for fiscal year 1999.]
[International Mail Reporting Requirement]
[Sec. 648. (a) In General.--Chapter 36 of title 39, United States
Code, is amended by adding after section 3662 the following:
``Sec. 3663. Annual report on international services
``(a) Not later than July 1 of each year, the Postal Rate Commission
shall transmit to each House of Congress a comprehensive report of the
costs, revenues, and volumes accrued by the Postal Service in connection
with mail matter conveyed between the United States and other countries
for the previous fiscal year.
``(b) Not later than March 15 of each year, the Postal Service shall
provide to the Postal Rate Commission such data as the Commission may
require to prepare the report required under subsection (a) of this
section. Data shall be provided in sufficient detail to enable the
Commission to analyze the costs, revenues, and volumes for each
international mail product or service, under the methods determined
appropriate by the Commission for the analysis of rates for domestic
mail.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 63 of title 39, United States Code, is amended by adding after
the item relating to section 3662 the following:
``3663. Annual report on international services.''.]
[Sec. 649. Extension of Sunset Provision. Section 2(f)(2) of the
Undetectable Firearms Act of 1988 (18 U.S.C. 922 note) is amended by
striking ``(2)'' and all that follows through ``10 years'' and inserting
the following:
``(2) Sunset.--Effective 15 years''.]
[Importation of Certain Grains]
[Sec. 650. (a) Findings.--The Congress finds that--
(1) importation of grains into the United States at less than
the cost to produce those grains is causing injury to the United
States producers of those grains;
(2) importation of grains into the United States at less than
the fair value of those grains is causing injury to the United
States producers of those grains;
(3) the Canadian Government and the Canadian Wheat Board have
refused to disclose pricing and cost information necessary to
determine whether grains are being exported to the United States at
prices in violation of United States trade laws or agreements.
(b) Requirements.--
(1) The Customs Service, consulting with the United States Trade
Representative and the Department of Commerce, shall conduct a study
of the efficiency and effectiveness of requiring that all spring
wheat, durum or barley imported into the United States be imported
into the United States through a single port of entry.
(2) The Customs Service shall report to the Committees on
Appropriations and the Senate Committee on Finance and the House
Committee on Ways and Means not later than ninety days after the
effective date of this Act on the results of the study required by
paragraph (1).]
[Designation of Eugene J. McCarthy Post Office Building]
[Sec. 651. (a) In General.--The building of the United States Postal
Service located at 180 East Kellogg Boulevard in Saint Paul, Minnesota,
shall be known and designated as the ``Eugene J. McCarthy Post Office
Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the building referred to
in subsection (a) shall be deemed to be a reference to the ``Eugene J.
McCarthy Post Office Building''.]
[Sec. 652. The Administrator of General Services may provide, from
government-wide credit card rebates, up to $3,000,000 in support of the
Joint Financial Management Improvement Program as approved by the Chief
Financial Officer's Council.]
[Sec. 653. Section 6302(g) of title 5, United States Code, is
amended by inserting after ``chapter 35'' the following: ``or section
3595''.]
[Assessment of Federal Regulations and Policies on Families]
[Sec. 654. (a) Purposes.--The purposes of this section are to--
(1) require agencies to assess the impact of proposed agency
actions on family well-being; and
(2) improve the management of executive branch agencies.
(b) Definitions.--In this section--
(1) the term ``agency'' has the meaning given the term
``Executive agency'' by section 105 of title 5, United States Code,
except such term does not include the General Accounting Office; and
(2) the term ``family'' means--
(A) a group of individuals related by blood, marriage,
adoption, or other legal custody who live together as a
single household; and
(B) any individual who is not a member of such group,
but who is related by blood, marriage, or adoption to a
member of such group, and over half of whose support in a
calendar year is received from such group.
(c) Family Policymaking Assessment.--Before implementing policies
and regulations that may affect family well-being, each agency shall
assess such actions with respect to whether--
(1) the action strengthens or erodes the stability or safety of
the family and, particularly, the marital commitment;
(2) the action strengthens or erodes the authority and rights of
parents in the education, nurture, and supervision of their
children;
(3) the action helps the family perform its functions, or
substitutes governmental activity for the function;
(4) the action increases or decreases disposable income or
poverty of families and children;
(5) the proposed benefits of the action justify the financial
impact on the family;
(6) the action may be carried out by State or local government
or by the family; and
[[Page 15]]
(7) the action establishes an implicit or explicit policy
concerning the relationship between the behavior and personal
responsibility of youth, and the norms of society.
(d) Governmentwide Family Policy Coordination and Review.--
(1) Certification and rationale.--With respect to each proposed
policy or regulation that may affect family well-being, the head of
each agency shall--
(A) submit a written certification to the Director of
the Office of Management and Budget and to Congress that
such policy or regulation has been assessed in accordance
with this section; and
(B) provide an adequate rationale for implementation of
each policy or regulation that may negatively affect family
well-being.
(2) Office of management and budget.--The Director of the Office
of Management and Budget shall--
(A) ensure that policies and regulations proposed by
agencies are implemented consistent with this section; and
(B) compile, index, and submit annually to the Congress
the written certifications received pursuant to paragraph
(1)(A).
(3) Office of policy development.--The Office of Policy
Development shall--
(A) assess proposed policies and regulations in
accordance with this section;
(B) provide evaluations of policies and regulations that
may affect family well-being to the Director of the Office
of Management and Budget; and
(C) advise the President on policy and regulatory
actions that may be taken to strengthen the institutions of
marriage and family in the United States.
(e) Assessments Upon Request by Members of Congress.--Upon request
by a Member of Congress relating to a proposed policy or regulation, an
agency shall conduct an assessment in accordance with subsection (c),
and shall provide a certification and rationale in accordance with
subsection (d).
(f) Judicial Review.--This section is not intended to create any
right or benefit, substantive or procedural, enforceable at law by a
party against the United States, its agencies, its officers, or any
person.]
Sec. [655] 624. None of the funds appropriated pursuant to this Act
or any other provision of law may be used for any system to implement
section 922(t) of title 18, United States Code, unless the system
allows, in connection with a person's delivery of a firearm to a Federal
firearms licensee as collateral for a loan, the background check to be
performed at the time the collateral is offered for delivery to such
licensee: Provided, That the licensee notifies local law enforcement
within 48 hours of the licensee receiving a denial on the person
offering the collateral: Provided further, That the provisions of
section 922(t) shall apply at the time of the redemption of the firearm.
Sec. [656] 625. (a) None of the funds appropriated by this Act may
be used to enter into or renew a contract which includes a provision
providing prescription drug coverage, except where the contract also
includes a provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with--
(1) any of the following religious plans:
(a) [SelectCare] Providence Health Plan;
(b) [Personal CaresHMO] Personal Care's HMO;
(c) Care Choices;
(d) OSF Health Plans, Inc.;
(e) Yellowstone Community Health Plan; and
(2) any existing or future plan, if the plan objects to such
coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into or
renews a contract under this section may not subject any individual to
discrimination on the basis that the individual refuses to prescribe
contraceptives because such activities would be contrary to the
individual's religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require coverage
of abortion or abortion-related services.
Sec. 626. Notwithstanding 31 U.S.C. 1346, funds made available for
fiscal year 2000 by this or any other Act shall be available for the
interagency funding of specific projects, workshops, studies, and
similar efforts to carry out the purposes of the National Science and
Technology Council (authorized by Executive Order No. 12881), which
benefit multiple Federal departments, agencies, or entities.
Sec. 627. Notwithstanding 31 U.S.C. 1346, funds made available for
fiscal year 2000 by this or any other Act to any department or agency,
which is a member of the Joint Financial Management Improvement Program
(JFMIP), shall be available to finance an appropriate share of JFMIP
administrative costs, as determined by the JFMIP, but not to exceed a
total of $600,000 including the salary of the Executive Director and
staff support.
Sec. 628. Notwithstanding 31 U.S.C. 1346, the head of each Executive
department and agency is hereby authorized to transfer to the ``Policy
and Operations'' account, General Services Administration, with the
approval of the Director of the Office of Management and Budget, funds
made available for fiscal year 2000 by this or any other Act, including
rebates from charge card and other contracts. These funds will be
administered by the Administrator of General Services to support
government-wide financial, information technology, procurement, and
other management innovations, initiatives and activities, as approved by
the Director of the Office of Management and Budget, in consultation
with the appropriate interagency groups designated by the Director
(including the Chief Financial Officers Council and the Joint Financial
Management Improvement Program for financial management initiatives and
the Chief Information Officers Council for information technology
initiatives). The total funds transferred shall not exceed $7,000,000.
Such transfers may only be made 15 days following notification of the
House and Senate Committees on Appropriation by the Director of the
Office of Management and Budget. (Treasury and General Government
Appropriations Act, 1999, as included in Public Law 105-277, section
101(h)).