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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 deci-
sion, 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, Unit-
ed 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 Representa-
tives 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
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assured source of repayment to ensure that all
United States funds will be repaid; and
(2) other than as provided by an Act of Con-
gress, 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 inter-
national financial system.
(c) EXPEDITED PROCEDURES IN THE SENATE FOR
A RESOLUTION OF DISAPPROVAL.—A presidential certifi-
cation 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.
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(2) DISCHARGE OF COMMITTEES.—(A) If the
committee of the Senate to which a joint 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 con-
sideration of the joint resolution or to discharge the
committee from further consideration of any other
joint resolution introduced with respect to the same
matter, except no motion to discharge shall be in
order after the committee has reported a joint reso-
lution with respect to the same matter.
(B) In the Senate a motion to discharge may
be made only by an individual favoring the joint res-
olution, and is privileged; and debate thereon shall
be limited to not more than 1 hour, the time to be
divided equally between, and controlled by, the ma-
jority leader and the minority leader or their des-
ignees.
(3) FLOOR CONSIDERATION.—(A) A motion in
the Senate to proceed to the consideration of a joint
resolution shall be privileged.
(B) Debate in the Senate on a joint 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
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majority leader and the minority leader or their des-
ignees.
(C) Debate in the Senate on any debatable mo-
tion or appeal in connection with a joint 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 joint resolution, ex-
cept that in the event the manager of the joint reso-
lution 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 ei-
ther of them, may, from time under their control on
the passage of a joint 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 de-
bate on a joint resolution, debatable motion, or ap-
peal is not debatable. No amendment to, or motion
to recommit, a resolution is in order.
(4) If prior to the passage by the Senate of a
joint resolution, the Senate receives a joint resolu-
tion with respect to the same matter from the House
of Representatives, then—
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(A) the procedure in the Senate shall
be the same as if no resolution had been
received from the House; but
(B) the vote on final passage shall be
on the resolution of the 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 re-
solving clause of which is as follows: ‘‘That the Con-
gress disapproves the action of the President under
section 628(c) of the Treasury, Postal Service, and
General Government Appropriations Act, 1997, no-
tice of which was submitted to the Congress on
llll.’’, 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’’.
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(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. Notwithstanding any other provision of
law, no part of any appropriation contained in this Act
for any fiscal year shall be available for paying Sunday
premium or differential pay to any employee unless such
employee actually performed work during the time cor-
responding to such premium or differential pay.
SEC. 631. No part of any funds appropriated in this
or any other Act shall be used by an agency of the execu-
tive branch, other than for normal and recognized execu-
tive-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) FEDERAL EMPLOYEE REPRESENTA-
TION IMPROVEMENT.—Subsection (d) of section 205 of
title 18, United States Code, is amended to read as fol-
lows:
‘‘(d)(1) Nothing in subsection (a) or (b) prevents an
officer or employee, if not inconsistent with the faithful
performance of that officer’s or employee’s duties, from
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acting without compensation as agent or attorney for, or
otherwise representing—
‘‘(A) any person who is the subject of discipli-
nary, loyalty, or other personnel administration pro-
ceedings in connection with those proceedings; or
‘‘(B) except as provided in paragraph (2), any
cooperative, voluntary, professional, recreational, or
similar organization or group not established or op-
erated for profit, if a majority of the organization’s
or group’s members are current officers or employ-
ees of the United States or of the District of Colum-
bia, or their spouses or dependent children.
‘‘(2) Paragraph (1)(B) does not apply with respect
to a covered matter that—
‘‘(A) is a claim under subsection (a)(1) or
(b)(1);
‘‘(B) is a judicial or administrative proceeding
where the organization or group is a party; or
‘‘(C) involves a grant, contract, or other agree-
ment (including a request for any such grant, con-
tract, or agreement) providing for the disbursement
of Federal funds to the organization or group.’’.
(b) APPLICATION TO LABOR-MANAGEMENT RELA-
TIONS.—Section 205 of title 18, United States Code, is
amended by adding at the end the following:
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‘‘(i) Nothing in this section prevents an employee
from acting pursuant to—
‘‘(1) chapter 71 of title 5;
‘‘(2) section 1004 or chapter 12 of title 39;
‘‘(3) section 3 of the Tennessee Valley Author-
ity Act of 1933 (16 U.S.C. 831b);
‘‘(4) chapter 10 of title I of the Foreign Service
Act of 1980 (22 U.S.C. 4104 et seq.); or
‘‘(5) any provision of any other Federal or Dis-
trict of Columbia law that authorizes labor-manage-
ment relations between an agency or instrumentality
of the United States or the District of Columbia and
any labor organization that represents its employ-
ees.’’.
(c) APPLICABILITY.—The amendments made by this
section shall take effect on the date of the enactment of
this Act and shall apply thereafter.
SEC. 633. SURVIVOR ANNUITY RESUMPTION UPON
TERMINATION OF MARRIAGE.—(a) AMENDMENTS.—
(1) CIVIL SERVICE RETIREMENT SYSTEM.—Sec-
tion 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
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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 SYS-
TEM.—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 sub-
paragraph (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.’’.
(b) APPLICABILITY.—The amendments made by sec-
tion 1 shall apply with respect to any termination of mar-
riage taking effect on or after November 1, 1993, except
that any recomputation of benefits shall be payable only
with respect to amounts accruing for periods beginning on
or after the date of the enactment of this Act.
SEC. 634. AVAILABILITY
OF ANNUAL LEAVE TO
MEET MINIMUM AGE AND SERVICE REQUIREMENTS FOR
TITLE TO AN IMMEDIATE ANNUITY.—(a) CIVIL SERVICE
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RETIREMENT SYSTEM.—Section 8336 of title 5, United
States Code, is amended by adding at the end the follow-
ing:
‘‘(o)(1) An employee involuntarily separated from
service due to a reduction in force shall, upon written elec-
tion, be given credit for days of unused annual leave
standing to such employee’s credit under a formal leave
system as of the date of separation, if and to the extent
necessary in order to meet the minimum age and service
requirements for title to an annuity under this section.
‘‘(2) The Office shall prescribe any regulations which
may be necessary to carry out this subsection, including
regulations under which contributions to the Fund shall,
with respect to the days of leave for which credit is given
under this subsection, be made—
‘‘(A) by the employee, equal to the employee
contributions which would have been required for
those days if separation had not occurred; and
‘‘(B) by the agency from which separated, equal
to the Government contributions which would have
been required if separation had not occurred.
Contributions under the preceding sentence shall be deter-
mined based on the rate of basic pay last in effect before
separation.
‘‘(3) Nothing in this subsection shall be considered—
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‘‘(A) to allow credit to be given for any leave
standing to the credit of the employee (other than
by restoration) pursuant to subchapter III or IV of
chapter 63 or other similar authority;
‘‘(B) to permit or require the making of any
contributions to the Thrift Savings Fund with re-
spect to any period after the date of separation; or
‘‘(C) to make any days of annual leave cred-
itable for purposes of section 8333, any determina-
tion of average pay, or any computation of annuity.
‘‘(4)(A) The taking of a lump-sum payment under
section 5551 or other similar authority shall not make any
of the leave to which such payment relates unavailable for
purposes of this subsection.
‘‘(B) The use of any leave for purposes of this sub-
section shall not reduce the amount of leave for which a
lump-sum payment is payable under section 5551 or other
similar authority.
‘‘(5) This subsection shall apply with respect to sepa-
rations occurring on or after the date of the enactment
of this subsection and before July 1, 2002.’’.
(b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—
Section 8412 of title 5, United States Code, is amended
by adding at the end the following:
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withstanding any other provision of law, amounts appro-
priated 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 sec-
tion shall be contingent upon the submission of such infor-
mation or documentation as the employing agency may re-
quire.
(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;
(2) the term ‘‘law enforcement officer’’ means
an employee, the duties of whose position are pri-
marily 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;
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(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 inju-
ries to other persons, damage to their property,
or other damage or loss to such other persons
(including the expenses of litigation and settle-
ment) 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 em-
ployee; and
(B) the cost of legal representation for the
covered individual in connection with any ad-
ministrative or judicial proceeding (including
any investigation or disciplinary proceeding) re-
lating to any act, error, or omission of the cov-
ered individual while in the performance of such
individual’s official duties as a qualified em-
ployee, and other legal costs and fees relating
to any such administrative or judicial proceed-
ing.
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(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 sec-
tion 5303 of title 5, United States Code, shall be consid-
ered to have taken effect in fiscal year 1997 in the rates
of basic pay for the statutory pay systems.
SEC. 638. (a) For purposes of this section, the term
‘‘political appointee’’ means any individual who—
(1) is employed in a position listed in sections
5312 through 5316 of title 5, United States Code
(relating to the Executive Schedule);
(2) is a limited term appointee, limited emer-
gency appointee, or noncareer appointee in the Sen-
ior Executive Service, as defined under section
3132(a) (5), (6), and (7) of title 5, United States
Code, respectively; or
(3) is employed in a position in the executive
branch of the Government under schedule C of sub-
part C of part 213 of title 5 of the Code of Federal
Regulations.
(b) The President, acting through the Office of Man-
agement and Budget and the Office of Personnel Manage-
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ment, shall take such actions as necessary (including re-
duction-in-force actions under procedures consistent with
those established under section 3595 of title 5, United
States Code) to ensure that the number of political ap-
pointees shall not, during any fiscal year beginning after
September 30, 1997, exceed a total of 2,300 (determined
on a full-time equivalent basis).
TITLE VII—SUPPLEMENTAL APPROPRIATIONS
AND RESCISSIONS FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 1996
BUREAU OF ALCOHOL, TOBACCO AND FIREARMS
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’ to be used in connection with investigations of
arson at religious institutions, $12,011,000, available
upon enactment of this Act and to remain available until
expended.
INTERNAL REVENUE SERVICE
INFORMATION SYSTEMS
(RESCISSION)
Of the funds made available under this heading for
Tax Systems Modernization in Public Law 104–52,
$12,011,000 are rescinded.
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TITLE VIII—ADDITIONAL GENERAL
PROVISIONS
SEC. 801. None of the funds appropriated by this Act
shall be available to pay any amount to, or to pay the
administrative expenses in connection with, any health
plan under the Federal employees health benefit program,
when it is made known to the Federal official having au-
thority to obligate or expend such funds that such health
plan operates a health care provider incentive plan that
does not meet the requirements of section 1876(i)(8)(A)
of the Social Security Act (42 U.S.C. 1395mm(i)(8)(A))
for physician incentive plans in contracts with eligible or-
ganizations under section 1876 of such Act.
This Act may be cited as the ‘‘Treasury, Postal Serv-
ice, and General Government Appropriations Act, 1997’’.
Passed the House of Representatives July 17, 1996.
Attest:
ROBIN H. CARLE,
Clerk.
By LINDA NAVE,
Deputy Clerk.