with respect to debarments based on convictions oc-
curring after the date of the enactment of this Act.
SEC. 604. CONVERSION OF CERTAIN EXCEPTED SERVICE
POSITIONS IN THE UNITED STATES FIRE AD-
MINISTRATION TO COMPETITIVE SERVICE PO-
SITIONS.
(a) IN GENERAL.—No later than the date described
under subsection (d)(1), the Director of the Federal Emer-
gency Management Agency and the Director of the Office
of Personnel Management shall take such actions as nec-
essary to convert each excepted service position established
before the date of the enactment of this Act under section
7(c)(4) of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2206(c)(4)) to a competitive service posi-
tion.
(b) EFFECT ON EMPLOYEES.—Any employee employed
on the date of the enactment of this Act in an excepted serv-
ice position converted under subsection (a)—
(1) shall remain employed in the competitive
service position so converted without a break in serv-
ice;
(2) by reason of such conversion, shall have no—
(A) diminution of seniority;
(B) reduction of cumulative years of service;
and
(C) requirement to serve an additional pro-
bationary period applied; and
(3) shall retain their standing and participation
with respect to chapter 83 or 84 of title 5, United
States Code, relating to Federal retirement.
(c) 
PROSPECTIVE
COMPETITIVE
SERVICE
POSI-
TIONS.—Section 7(c)(4) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2206(c)(4)) is amended to
read as follows:
‘‘(4) appoint faculty members to competitive
service positions and with respect to temporary and
intermittent services, to make appointments of con-
sultants to the same extent as is authorized by section
3109 of title 5, United States Code;’’.
(d) EFFECTIVE DATE.—(1) Except as provided under
paragraph (2), this section shall take effect on the first day
of the first pay period, applicable to the positions described
under subsection (a), beginning after the date of the enact-
ment of this Act.
(2)(A) The Director of the Federal Emergency Manage-
ment Agency and the Director of the Office of Personnel
Management shall take such actions as directed under sub-
section (a) on and after the date of the enactment of this
Act.
(B) Subsection (c) shall take effect on the date of the
enactment of this Act.
SEC. 605. ELIGIBILITY FOR CERTAIN SURVIVOR ANNUITY
BENEFITS.
For the purpose of determining eligibility for survivor
annuity benefits for a former spouse under section 8341 of
title 5, United States Code, an application of any former
spouse shall be approved if—
(1) the annuitant is deceased;
(2) the former spouse was living as of January
1, 1992;
(3) the former spouse has not received Social Se-
curity benefits based on eligibility as the spouse of the
annuitant;
(4) such application was filed on or after Janu-
ary 1, 1989;
(5) the annuitant rendered at least 25 years of
creditable service to the Federal Government;
(6) at the time of the annuitant’s retirement, the
annuitant and the former spouse had been married at
least 25 years;
(7) at the time of the annuitant’s retirement, the
annuitant designated the former spouse to receive sur-
vivor annuity benefits;
(8) the annuitant and the former spouse were di-
vorced prior to September 14, 1978, and after the an-
nuitant retired;
(9) neither at the time of the divorce nor at any
time thereafter was a joint waiver of survivor annu-
ity benefits executed between the annuitant and the
former spouse;
(10) the divorce decree was silent as to survivor
annuity benefits or designated the former spouse to
receive survivor annuity benefits;
(11) subsequent to the divorce of the annuitant
and the former spouse, the annuitant advised the Of-
fice of Personnel Management of the divorce;
(12) neither the annuitant nor the former spouse
married any other individual after their divorce from
each other;
(13) no direct notice outlining or defining the
former spouse’s survivor annuity benefits election
rights was delivered to the former spouse by the Office
of Personnel Management; and
(14) the former spouse has exhausted all judicial
remedies up to and including remedies available
through the United States Court of Appeals.
SEC. 606. AMENDMENT TO PUBLIC LAW 104–134.
Paragraph (3) of section 3110(b) of the Omnibus Con-
solidated Rescissions and Appropriations Act of 1996 (Pub-
lic Law 104–134; 110 Stat. 1321–343) is amended to read
as follows:
‘‘(3) The Corporation shall pay to the Thrift Savings
Fund such employee and agency contributions as are re-
quired by sections 8432 and 8351 of title 5, United States
Code, for those employees who elect to retain their coverage
under the Civil Service Retirement System or the Federal
Employees’ Retirement System pursuant to paragraph
(1).’’.
SEC. 607. MISCELLANEOUS AMENDMENTS RELATING TO
THE HEALTH BENEFITS PROGRAM FOR FED-
ERAL EMPLOYEES.
(a) DEFINITION OF A CARRIER.—Paragraph (7) of sec-
tion 8901 of title 5, United States Code, is amended by
striking ‘‘organization;’’ and inserting ‘‘organization and
the Government-wide service benefit plan sponsored by an
association of organizations described in this paragraph;’’.
(b) SERVICE BENEFIT PLAN.—Paragraph (1) of sec-
tion 8903 of title 5, United States Code, is amended by
striking ‘‘plan,’’ and inserting ‘‘plan, underwritten by par-
ticipating affiliates licensed in any number of States,’’.
(c) PREEMPTION.—Section 8902(m) of title 5, United
States Code, is amended by striking ‘‘(m)(1)’’ and all that
follows through the end of paragraph (1) and inserting the
following:
‘‘(m)(1) The terms of any contract under this chapter
which relate to the nature, provision, or extent of coverage
or benefits (including payments with respect to benefits)
shall supersede and preempt any State or local law, or any
regulation issued thereunder, which relates to health insur-
ance or plans.’’.
SEC. 608. PAY FOR CERTAIN POSITIONS FORMERLY CLASSI-
FIED AT GS–18.
Notwithstanding any other provision of law, the rate
of basic pay for positions that were classified at GS–18 of
the General Schedule on the date of the enactment of the
Federal Employees Pay Comparability Act of 1990 shall
be set and maintained at the rate equal to the highest rate
of basic pay for the Senior Executive Service under section
5382(b) of title 5, United States Code.
SEC. 609. REPEAL OF SECTION 1307 OF TITLE 5 OF THE
UNITED STATES CODE.
(a) IN GENERAL.—Section 1307 of title 5, United
States Code, is repealed.
(b) CLERICAL AMENDMENT.—The table of sections for
chapter 13 of title 5, United States Code, is amended by
repealing the item relating to section 1307.
SEC. 610. MANDATORY INTERNAL ALTERNATIVE DISPUTE
RESOLUTION PROCEDURES.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, each agency, in consultation with the Federal
Mediation and Conciliation Service, may develop manda-
tory internal alternative dispute resolution procedures cov-
ering—
(1) any complaint of discrimination described in
clauses (i) through (v) of section 7702(a)(1)(B) of title
5, United States Code;
(2) any matter appealable to the Merit Systems
Protection Board (other than any matter arising
under subchapter III of chapter 83 or chapter 84 of
title 5, United States Code); and
(3) any matter reviewable by the Office of Spe-
cial Counsel.
(b) GUIDELINES.—The Federal Mediation and Concil-
iation Service, in conjunction with the Merit Systems Pro-
tection Board, the Equal Employment Opportunity Com-
mission, the Federal Labor Relations Authority, the Office
of Special Counsel, and the Office of Personnel Manage-
ment, shall issue guidelines to assist agencies in the formu-
lation of appropriate alternative dispute resolution proce-
dures. Such guidelines shall include protections against
undue influence on either part to settle, identification of
circumstances in which use of such procedures may be inap-
propriate, suggested time frames for all steps in such proce-
dures and for extensions of time frames by mutual consent,
and procedures for agreements to stipulate to issues of fact
or law if no resolution is reached.
(c) DEFINITION.—For purposes of this section, the
term ‘‘agency’’ means an Executive agency, as defined by
section 105 of title 5, United States Code.