H. R. 2378—32
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act, as
amended, including services as authorized by 5 U.S.C. 3109, hire
of passenger motor vehicles, $960,000; and in addition, not to exceed
$8,645,000 for administrative expenses to audit the Office of
Personnel Management’s retirement and insurance programs, to
be transferred from the appropriate trust funds of the Office of
Personnel Management, as determined by the Inspector General:
Provided, That the Inspector General is authorized to rent con-
ference rooms in the District of Columbia and elsewhere.
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES HEALTH
BENEFITS
For payment of Government contributions with respect to
retired employees, as authorized by chapter 89 of title 5, United
States Code, and the Retired Federal Employees Health Benefits
Act (74 Stat. 849), as amended, such sums as may be necessary.
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE LIFE
INSURANCE
For payment of Government contributions with respect to
employees retiring after December 31, 1989, as required by chapter
87 of title 5, United States Code, such sums as may be necessary.
PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND
For financing the unfunded liability of new and increased annu-
ity benefits becoming effective on or after October 20, 1969, as
authorized by 5 U.S.C. 8348, and annuities under special Acts
to be credited to the Civil Service Retirement and Disability Fund,
such sums as may be necessary: Provided, That annuities author-
ized by the Act of May 29, 1944, as amended, and the Act of
August 19, 1950, as amended (33 U.S.C. 771–775), may hereafter
be paid out of the Civil Service Retirement and Disability Fund.
OFFICE OF SPECIAL COUNSEL
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the Office
of Special Counsel pursuant to Reorganization Plan Numbered 2
of 1978, the Civil Service Reform Act of 1978 (Public Law
95–454), the Whistleblower Protection Act of 1989 (Public
Law 101–12), Public Law 103–424, and the Uniformed Services
Employment and Reemployment Act of 1994 (Public Law 103–
353), including services as authorized by 5 U.S.C. 3109, payment
of fees and expenses for witnesses, rental of conference rooms
in the District of Columbia and elsewhere, and hire of passenger
motor vehicles; $8,450,000.
H. R. 2378—33
UNITED STATES TAX COURT
SALARIES AND EXPENSES
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $33,921,000: Provided,
That travel expenses of the judges shall be paid upon the written
certificate of the judge.
This title may be cited as the ‘‘Independent Agencies Appropria-
tions Act, 1998’’.
TITLE V—GENERAL PROVISIONS
THIS ACT
SEC. 501. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 502. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those contracts
where such expenditures are a matter of public record and available
for public inspection, except where otherwise provided under exist-
ing law, or under existing Executive order issued pursuant to
existing law.
SEC. 503. None of the funds made available by this Act shall
be available for any activity or for paying the salary of any Govern-
ment 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 prohibit the enforcement of
section 307 of the Tariff Act of 1930.
SEC. 504. None of the funds made available by this Act shall
be available in fiscal year 1998, for the purpose of transferring
control over the Federal Law Enforcement Training Center located
at Glynco, Georgia, and Artesia, New Mexico, out of the Department
of the Treasury.
SEC. 505. The Office of Personnel Management may, during
the fiscal year ending September 30, 1998, and hereafter, accept
donations of supplies, services, land, and equipment for the Federal
Executive Institute and Management Development Centers to assist
in enhancing the quality of Federal management.
SEC. 506. No part of any appropriation contained in this Act
shall be available to pay the salary for any person filling a position,
other than a temporary position, formerly held by an employee
who has left to enter the Armed Forces of the United States and
has satisfactorily completed his period of active military or naval
service, and has within 90 days after his release from such service
or from hospitalization continuing after discharge for a period of
not more than 1 year, made application for restoration to his former
position and has been certified by the Office of Personnel Manage-
ment as still qualified to perform the duties of his former position
and has not been restored thereto.
SEC. 507. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in expending
the assistance the entity will comply with sections 2 through 4
of the Act of March 3, 1933 (41 U.S.C. 10a–10c, popularly known
as the ‘‘Buy American Act’’).
H. R. 2378—34
SEC. 508. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS.—In the case of any equipment or products that may
be authorized to be purchased with financial assistance provided
under this Act, it is the sense of the Congress that entities receiving
such assistance should, in expending the assistance, purchase only
American-made equipment and products.
(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing finan-
cial assistance under this Act, the Secretary of the Treasury shall
provide to each recipient of the assistance a notice describing the
statement made in subsection (a) by the Congress.
SEC. 509. If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bearing a
‘‘Made in America’’ inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States
that is not made in the United States, such person shall be ineligible
to receive any contract or subcontract made with funds provided
pursuant to this Act, pursuant to the debarment, suspension, and
ineligibility procedures described in sections 9.400 through 9.409
of title 48, Code of Federal Regulations.
SEC. 510. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining available
at the end of fiscal year 1998 from appropriations made available
for salaries and expenses for fiscal year 1998 in this Act, shall
remain available through September 30, 1999, for each such account
for the purposes authorized: Provided, That a request shall be
submitted to the House and Senate Committees on Appropriations
for approval prior to the expenditure of such funds: Provided further,
That these requests shall be made in compliance with reprogram-
ming guidelines.
SEC. 511. None of the funds made available in this Act may
be used by the Executive Office of the President to request from
the Federal Bureau of Investigation any official background inves-
tigation report on any individual, except when it is made known
to the Federal official having authority to obligate or expend such
funds that—
(1) such individual has given his or her express written
consent for such request not more than 6 months prior to
the date of such request and during the same presidential
administration; or
(2) such request is required due to extraordinary cir-
cumstances involving national security.
SEC. 512. (a) PROHIBITING REAPPOINTMENT OF MEMBERS OF
FEDERAL
ELECTION
COMMISSION.—Section 306(a)(2)(A) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 437c(a)(2)(A))
is amended by striking ‘‘for terms of 6 years’’ and inserting ‘‘for
a single term of 6 years’’.
(b) APPLICABILITY.—The amendment made by subsection (a)
shall apply with respect to individuals nominated by the President
to be members of the Federal Election Commission after December
31, 1997.
SEC. 513. No funds appropriated by this Act shall be available
to pay for an abortion, or the administrative expenses in connection
with any health plan under the Federal employees health benefit
program which provides any benefits or coverage for abortions.
SEC. 514. The provision of section 513 shall not apply where
the life of the mother would be endangered if the fetus were carried
to term, or the pregnancy is the result of an act of rape or incest.
H. R. 2378—35
SEC. 515. Section 1 under the subheading ‘‘GENERAL PROVISION’’
under the heading ‘‘OFFICE OF PERSONNEL MANAGEMENT’’ under
title IV of the Treasury, Postal Service and General Government
Appropriations Act, 1992 (Public Law 102–141; 105 Stat. 861; 5
U.S.C. 5941 note), as amended by section 532 of the Treasury,
Postal Service and General Government Appropriations Act, 1995
(Public Law 103–329; 108 Stat. 2413), and by section 5 under
the 
heading 
‘‘GENERAL
PROVISIONS—OFFICE
OF
PERSONNEL
MANAGEMENT’’ under title IV of the Treasury, Postal Service, and
General Government Appropriations Act, 1996 (Public Law 104–
52; 109 Stat. 490), is further amended by striking ‘‘1998’’ both
places it appears and inserting ‘‘2000’’.
SEC. 516. (a) Title 5, United States Code, is amended—
(1) in section 8334 by adding at the end the following
new subsection:
‘‘(m) A Member who has served in a position in the executive
branch for which the rate of basic pay was reduced for the duration
of the service of the Member to remove the impediment to the
appointment of the Member imposed by article I, section 6, clause
2 of the Constitution, or the survivor of such a Member, may
deposit to the credit of the Fund an amount equal to the difference
between the amount deducted from the basic pay of the Member
during that period of service and the amount that would have
been deducted if the rate of basic pay which would otherwise
have been in effect during that period had been in effect, plus
interest computed under subsection (e).’’;
(2) in section 8337(a) by striking ‘‘or (q)’’ and inserting
‘‘(q), or (r)’’;
(3) in section 8339—
(A) in subsections (f) and (i) through (m) by striking
‘‘and (q) of this section’’ and ‘‘and (q)’’ each time either
appears and inserting ‘‘(q), and (r)’’;
(B) in subsection (g) by striking ‘‘or (q) of this section’’
each time it appears and inserting ‘‘(q), or (r)’’; and
(C) by adding at the end the following new subsection:
‘‘(r) The annuity of a Member who has served in a position
in the executive branch for which the rate of basic pay was reduced
for the duration of the service of the Member in that position
to remove the impediment to the appointment of the Member
imposed by article I, section 6, clause 2 of the Constitution, shall,
subject to a deposit in the Fund as provided under section 8334(m),
be computed as though the rate of basic pay which would otherwise
have been in effect during that period of service had been in
effect.’’;
(4) in section 8341(b)(1) and (d) by striking ‘‘and (q) of
this title’’ each place it appears and inserting ‘‘(q), and (r)’’;
(5) in section 8334a(c) by striking ‘‘and (q) of section 8339
of this title’’ and inserting ‘‘(q), and (r) of section 8339’’;
(6) in section 8344(a)(A) by striking ‘‘and (q) of this title’’
and inserting ‘‘(q), and (r)’’;
(7) in section 8415 by adding at the end the following
new subsection:
‘‘(h) The annuity of a Member who has served in a position
in the executive branch for which the rate of basic pay was reduced
for the duration of the service of the Member in that position
to remove the impediment to the appointment of the Member
imposed by article I, section 6, clause 2 of the Constitution, shall,
H. R. 2378—36
subject to a deposit in the Fund as provided under section 8422(g),
be computed as though the rate of basic pay which would otherwise
have been in effect during that period of service had been in
effect.’’.
(8) in section 8422 by adding at the end the following
new subsection:
‘‘(g) A Member who has served in a position in the executive
branch for which the rate of basic pay was reduced for the duration
of the service of the Member to remove the impediment to the
appointment of the Member imposed by article I, section 6, clause
2 of the Constitution, or the survivor of such a Member, may
deposit to the credit of the Fund an amount equal to the difference
between the amount deducted from the basic pay of the Member
during that period of service and the amount that would have
been deducted if the rate of basic pay which would otherwise
have been in effect during that period had been in effect, plus
interest computed under section 8334(e).’’; and
(9) in section 8468 by striking ‘‘through (f)’’ and inserting
‘‘through (g)’’.
(b) The amendments made by subsection (a) shall be applicable
to any annuity commencing before, on, or after the date of enact-
ment of this Act, and shall be effective with regard to any payment
made after the first month following the date of enactment.
SEC. 517. (a) Section 5948 of title 5, United States Code, is
amended—
(1) in subsection (d) by striking the second sentence and
inserting the following: ‘‘No agreement shall be entered into
under this section later than September 30, 2000, nor shall
any agreement cover a period of service extending beyond
September 30, 2002.’’; and
(2) in subsection (j)(2)(A) by striking ‘‘September 30, 1997’’
and inserting ‘‘September 30, 2000’’.
(b) Section 3 of the Federal Physicians Comparability Allowance
Act of 1978 (5 U.S.C. 5948 note) is amended by striking ‘‘September
30, 1999’’ and inserting ‘‘September 30, 2002’’.
(c) The amendments made by this section shall take effect
on the date of enactment of this Act.
SEC. 518. (a)(1) Section 8341 of title 5, United States Code,
is amended by adding at the end the following:
‘‘(k)(1) Subsections (b)(3)(B), (d)(ii), and (h)(3)(B)(i) (to the extent
that they provide for termination of a survivor annuity because
of a remarriage before age 55) shall not apply if the widow, widower,
or former spouse was married for at least 30 years to the individual
on whose service the survivor annuity is based.
‘‘(2) A remarriage described in paragraph (1) shall not be taken
into account for purposes of section 8339(j)(5)(B) or (C) or any
other provision of this chapter which the Office may by regulation
identify in order to carry out the purposes of this subsection.’’.
(2) Such section 8341 is further amended—
(A) in subsections (b)(3)(B) and (d)(ii) by striking
‘‘remarries’’ and inserting ‘‘except as provided in subsection
(k), remarries’’; and
(B) in subsection (h)(3)(B)(i) by striking ‘‘in’’ and inserting
‘‘except as provided in subsection (k), in’’.
(b)(1)(A) Section 8442(d) of title 5, United States Code, is
amended by adding at the end the following:
H. R. 2378—37
‘‘(3) Paragraph (1)(B) (relating to termination of a survivor
annuity because of a remarriage before age 55) shall not apply
if the widow or widower was married for at least 30 years to
the individual on whose service the survivor annuity is based.’’.
(B) Subsection (d)(1)(B) of such section 8442 is amended by
striking ‘‘remarries’’ and inserting ‘‘except as provided in paragraph
(3), remarries’’.
(2)(A) Section 8445 of title 5, United States Code, is amended
by adding at the end the following:
‘‘(h)(1) Subsection (c)(2) (to the extent that it provides for termi-
nation of a survivor annuity because of a remarriage before age
55) shall not apply if the former spouse was married for at least
30 years to the individual on whose service the survivor annuity
is based.
‘‘(2) A remarriage described in paragraph (1) shall not be taken
into account for purposes of section 8419(b)(1)(B) or any other
provision of this chapter which the Office may by regulation identify
in order to carry out the purposes of this subsection.’’.
(B) Subsection (c)(2) of such section 8445 is amended by striking
‘‘shall’’ and inserting ‘‘except as provided in subsection (h), shall’’.
(c) The amendments made by this section shall apply with
respect to remarriages occurring on or after January 1, 1995.
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 threaten-
ing 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 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, depart-
ment, 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, ambu-
lances, law enforcement, and undercover surveillance vehicles), is
hereby fixed at $8,100 except station wagons for which the maxi-
mum shall be $9,100: Provided, That these limits may be exceeded
H. R. 2378—38
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. 5922–5924.
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 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 inter-
national 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 pay-
ment to the General Services Administration for charges for space
and services and those expenses of renovation and alteration of
H. R. 2378—39
buildings and facilities which constitute public improvements per-
formed 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 dis-
posed 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), including any such programs adopted prior
to the effective date of the Executive order.
(2) Other Federal agency environmental management pro-
grams, 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 corpora-
tions 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 subse-
quently 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, commit-
tees, 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. 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 provi-
sions of sections 2 and 3 of the Act of June 1, 1948, as amended
(62 Stat. 281; 40 U.S.C. 318a and 318b), attaching thereto penal
consequences under the authority and within the limits provided
H. R. 2378—40
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. (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, 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 Serv-
ice and General Government Appropriations Act, 1997, until
the normal effective date of the applicable wage survey adjust-
ment that is to take effect in fiscal year 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 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 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 percent-
age of the locality-based comparability payments taking
effect in fiscal year 1998 under section 5304 of such title
(whether by adjustment or otherwise), and the overall aver-
age percentage of such payments which was effective in
fiscal year 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, 1997, shall be deter-
mined under regulations prescribed by the Office of Personnel
Management.
(d) Notwithstanding any other provision of law, rates of pre-
mium pay for employees subject to this section may not be changed
from the rates in effect on September 30, 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, 1997.
(f) For the purpose of administering any provision of law
(including section 8431 of title 5, United States Code, and any