874
cles: Provided further, That the limits set forth in this sec-
tion may not be exceeded by more than 5 percent for elec-
tric or hybrid vehicles purchased for demonstration under
the provisions of the Electric and Hybrid Vehicle Re-
search, 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 alter-
native fuels vehicles acquired pursuant to Public Law
101–549 over the cost of comparable conventionally fueled
vehicles.
SEC. 605. Appropriations of the executive depart-
ments and independent establishments for the current fis-
cal 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 ac-
cordance with 5 U.S.C. 5922–24.
SEC. 606. Unless otherwise specified during the cur-
rent fiscal year, no part of any appropriation contained
in this or any other Act shall be used to pay the compensa-
tion 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
875
on the date of enactment of this Act who, being eligible
for citizenship, has filed a declaration of intention to be-
come 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 ad-
mitted to the United States for permanent residence, (5)
is a South Vietnamese, Cambodian, or Laotian refugee pa-
roled in the United States after January 1, 1975, or (6)
is a national of the People’s Republic of China who
qualifys for adjustment of status pursuant to the Chinese
Student Protection Act of 1992: Provided, That for the
purpose of this section, an affidavit signed by any such
person shall be considered prima facie evidence that the
requirements of this section with respect to his or her sta-
tus 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 ex-
isting 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 Gov-
876
ernment. This section shall not apply to citizens of Ire-
land, Israel, or the Republic of the Philippines, or to na-
tionals of those countries allied with the United States in
the current defense effort, or to international broadcasters
employed by the United States Information Agency, or to
temporary employment of translators, or to temporary em-
ployment in the field service (not to exceed 60 days) as
a result of emergencies.
SEC. 607. Appropriations available to any depart-
ment or agency during the current fiscal year for nec-
essary expenses, including maintenance or operating ex-
penses, 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 build-
ings and facilities which constitute public improvements
performed in accordance with the Public Buildings Act of
1959 (73 Stat. 749), the Public Buildings Amendments
of 1972 (87 Stat. 216), or other applicable law.
SEC. 608. In addition to funds provided in this or
any other Act, all Federal agencies are authorized to re-
ceive and use funds resulting from the sale of materials,
including Federal records disposed of pursuant to a
records schedule recovered through recycling or waste pre-
vention programs. Such funds shall be available until ex-
pended for the following purposes:
877
(1) Acquisition, waste reduction and prevention,
and recycling programs as described in Executive
Order 12873 (October 20, 1993), including any such
programs adopted prior to the effective date of the
Executive Order.
(2) Other Federal agency environmental man-
agement programs, including, but not limited to, the
development and implementation of hazardous waste
management and pollution prevention programs.
(3) Other employee programs as authorized by
law or as deemed appropriate by the head of the
Federal agency.
SEC. 609. Funds made available by this or any other
Act for administrative expenses in the current fiscal year
of the corporations and agencies subject to chapter 91 of
title 31, United States Code, shall be available, in addition
to objects for which such funds are otherwise available,
for rent in the District of Columbia; services in accordance
with 5 U.S.C. 3109; and the objects specified under this
head, all the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the
Act by which they are made available: Provided, That in
the event any functions budgeted as administrative ex-
penses are subsequently transferred to or paid from other
878
funds, the limitations on administrative expenses shall be
correspondingly reduced.
SEC. 610. No part of any appropriation for the cur-
rent fiscal year contained in this or any other Act shall
be paid to any person for the filling of any position for
which he or she has been nominated after the Senate has
voted not to approve the nomination of said person.
SEC. 611. For the fiscal year ending September 30,
1997, and thereafter, any department or agency to which
the Administrator of General Services has delegated the
authority to operate, maintain or repair any building or
facility pursuant to section 205(d) of the Federal Property
and Administrative Services Act of 1949, as amended,
shall retain that portion of the GSA rental payment avail-
able for operation, maintenance or repair of the building
or facility, as determined by the Administrator, and ex-
pend such funds directly for the operation, maintenance
or repair of the building or facility. Any funds retained
under this section shall remain available until expended
for such purposes.
SEC. 612. (a) IN GENERAL.—Section 1306 of title
31, United States Code, is amended to read as follows:
‘‘§ 1306. Use of foreign credits
‘‘(a) IN GENERAL.—Foreign credits (including cur-
rencies) owed to or owned by the United States may be
879
used by any agency for any purpose for which appropria-
tions are made for the agency for the current fiscal year
(including the carrying out of Acts requiring or authoriz-
ing the use of such credits), but only when reimbursement
therefor is made to the Treasury from applicable appro-
priations of the agency.
‘‘(b) EXCEPTION
TO REIMBURSEMENT REQUIRE-
MENT.—Credits described in subsection (a) that are re-
ceived as exchanged allowances, or as the proceeds of the
sale of personal property, may be used in whole or partial
payment for the acquisition of similar items, to the extent
and in the manner authorized by law, without reimburse-
ment to the Treasury.’’.
(b) APPLICABILITY.—The amendment made by this
section shall take effect on the date of the enactment of
this Act and shall apply thereafter.
SEC. 613. No part of any appropriation contained in
this or any other Act shall be available for interagency
financing of boards (except Federal Executive Boards),
commissions, councils, committees, or similar groups
(whether or not they are interagency entities) which do
not have a prior and specific statutory approval to receive
financial support from more than one agency or instru-
mentality.
880
SEC. 614. 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 pow-
ers of special policemen provided by the first section of
the Act of June 1, 1948, as amended (62 Stat. 281; 40
U.S.C. 318), and, as to property owned or occupied by
the Postal Service, the Postmaster General may take the
same actions as the Administrator of General Services
may take under the provisions of sections 2 and 3 of the
Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C.
318a, 318b), attaching thereto penal consequences under
the authority and within the limits provided in section 4
of the Act of June 1, 1948, as amended (62 Stat. 281;
40 U.S.C. 318c).
SEC. 615. None of the funds made available pursuant
to the provisions of this Act shall be used to implement,
administer, or enforce any regulation which has been dis-
approved pursuant to a resolution of disapproval duly
adopted in accordance with the applicable law of the Unit-
ed States.
SEC. 616. (a) Notwithstanding any other provision
of law, and except as otherwise provided in this section,
881
no part of any of the funds appropriated for the fiscal
year ending on September 30, 1997, by this or any other
Act, may be used to pay any prevailing rate employee de-
scribed in section 5342(a)(2)(A) of title 5, United States
Code—
(1) during the period from the date of expira-
tion of the limitation imposed by section 616 of the
Treasury, Postal Service and General Government
Appropriations Act, 1996, until the normal effective
date of the applicable wage survey adjustment that
is to take effect in fiscal year 1997, 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 remain-
der of fiscal year 1997, 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 ef-
fect in fiscal year 1997 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 aver-
age percentage of the locality-based comparabil-
882
ity payments taking effect in fiscal year 1997
under section 5304 of such title (whether by
adjustment or otherwise), and the overall aver-
age percentage of such payments which was ef-
fective in fiscal year 1996 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) appli-
cable to such employee.
(c) For the purposes of this section, the rates payable
to an employee who is covered by this section and who
is paid from a schedule not in existence on September 30,
1996, shall be determined under regulations prescribed by
the Office of Personnel Management.
(d) Notwithstanding any other provision of law, rates
of premium pay for employees subject to this section may
not be changed from the rates in effect on September 30,
1996, except to the extent determined by the Office of
Personnel Management to be consistent with the purpose
of this section.
883
(e) This section shall apply with respect to pay for
service performed after September 30, 1996.
(f) For the purpose of administering any provision
of law (including section 8431 of title 5, United States
Code, and any rule or regulation that provides premium
pay, retirement, life insurance, or any other employee ben-
efit) 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 treat-
ed as the rate of salary or basic pay.
(g) Nothing in this section shall be considered to per-
mit 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 employ-
ees.
SEC. 617. 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 obli-
gated or expended in excess of $5,000 to furnish or re-
884
decorate the office of such department head, agency head,
officer or employee, or to purchase furniture or make im-
provements for any such office, unless advance notice of
such furnishing or redecoration is expressly approved by
the Committees on Appropriations of the House and Sen-
ate. For the purposes of this section, the word ‘‘office’’
shall include the entire suite of offices assigned to the indi-
vidual, as well as any other space used primarily by the
individual or the use of which is directly controlled by the
individual.
SEC. 618. Notwithstanding any other provision of
law, no executive branch agency shall purchase, construct,
and/or lease any additional facilities, except within or con-
tiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without
the advance approval of the House and Senate Committees
on Appropriations.
SEC. 619. Notwithstanding section 1346 of title 31,
United States Code, or section 613 of this Act, funds
made available for fiscal year 1997 by this or any other
Act shall be available for the interagency funding of na-
tional security and emergency preparedness telecommuni-
cations initiatives which benefit multiple Federal depart-
ments, agencies, or entities, as provided by Executive
Order Numbered 12472 (April 3, 1984).
885
SEC. 620. (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 de-
tailed 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 De-
fense 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 Bu-
886
reau of Investigation and the Drug Enforcement Ad-
ministration of the Department of Justice, the De-
partment of Transportation, the Department of the
Treasury, and the Department of Energy perform-
ing intelligence functions; and
(7) the Director of Central Intelligence.
SEC. 621. No department, agency, or instrumentality
of the United States receiving appropriated funds under
this or any other Act for fiscal year 1997 shall obligate
or expend any such funds, unless such department, agency
or instrumentality has in place, and will continue to ad-
minister 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. 622. No part of any appropriation contained in
this Act may be used to pay for the expenses of travel
of employees, including employees of the Executive Office
of the President, not directly responsible for the discharge
of official governmental tasks and duties: Provided, That
this restriction shall not apply to the family of the Presi-
dent, Members of Congress or their spouses, Heads of
State of a foreign country or their designees, persons pro-
887
viding assistance to the President for official purposes, or
other individuals so designated by the President.
SEC. 623. Notwithstanding any provision of law, the
President, or his designee, must certify to Congress, annu-
ally, that no person or persons with direct or indirect re-
sponsibility for administering the Executive Office of the
President’s Drug-Free Workplace Plan are themselves
subject to a program of individual random drug testing.
SEC. 624. (a) None of the funds made available in
this Act or any other Act may be obligated or expended
for any employee training when it is made known to the
Federal official having authority to obligate or expend
such funds that such employee training—
(1) does not meet identified needs for knowl-
edge, skills, and abilities bearing directly upon the
performance of official duties;
(2) contains elements likely to induce high lev-
els 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 train-
ing 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 Em-
888
ployment 
Opportunity 
Commission 
Notice 
N–
915.022, dated September 2, 1988;
(5) is offensive to, or designed to change, par-
ticipants’ personal values or lifestyle outside the
workplace; or
(6) 
includes 
content 
related 
to 
human
immunodeficiency virus/acquired immune deficiency
syndrome (HIV/AIDS) other than that necessary to
make employees more aware of the medical ramifica-
tions of HIV/AIDS and the workplace rights of
HIV-positive employees.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training
bearing directly upon the performance of official duties.
SEC. 625. No funds appropriated in this or any other
Act for fiscal year 1997 may be used to implement or en-
force 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 li-
abilities created by Executive Order 12356; section 7211
of title 5, United States Code (governing disclosures to
Congress); section 1034 of title 10, United States Code,
889
as amended by the Military Whistleblower Protection Act
(governing disclosure to Congress by members of the mili-
tary); section 2302(b)(8) of title 5, United States Code,
as amended by the Whistleblower Protection Act (govern-
ing disclosures of illegality, waste, fraud, abuse or public
health or safety threats); the Intelligence Identities Pro-
tection 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 sec-
tions 641, 793, 794, 798, and 952 of title 18, United
States Code, and section 4(b) of the Subversive Activities
Act of 1950 (50 U.S.C. section 783(b)). The definitions,
requirements, obligations, rights, sanctions, and liabilities
created by said Executive Order and listed statutes are
incorporated into this agreement and are controlling.’’:
Provided, That notwithstanding the preceding paragraph,
a nondisclosure policy form or agreement that is to be exe-
cuted by a person connected with the conduct of an intel-
ligence or intelligence-related activity, other than an em-
ployee 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
890
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 disclo-
sures to Congress or to an authorized official of an execu-
tive agency or the Department of Justice that are essential
to reporting a substantial violation of law.
SEC. 626. (a) None of the funds appropriated by this
or any other Act may be expended by any Federal Agency
to procure any product or service subject to section 5124
of Public Law 104–106 and that will be available under
the procurement by the Administrator of General Services
known as ‘‘FTS2000’’ unless—
(1) such product or service is procured by the
Administrator of General Services as part of the
procurement known as ‘‘FTS2000’’; or
(2) that agency establishes to the satisfaction of
the Administrator of General Services that—
(A) that agency’s requirements for such
procurement are unique and cannot be satisfied
by property and service procured by the Admin-
istrator of General Services as part of the pro-
curement known as ‘‘FTS2000’’; and
(B) the agency procurement, pursuant to
such delegation, would be cost-effective and
891
would not adversely affect the cost-effectiveness
of the FTS2000 procurement.
(b) After December 31, 1998, subsection (a) shall
apply only if the Administrator of General Services has
reported that the FTS2000 procurement is producing
prices that allow the Government to satisfy its require-
ments for such procurement in the most cost-effective
manner.
SEC. 627. Subsection (f) of section 403 of Public Law
103–356 is amended by deleting ‘‘October 1, 1999’’ and
inserting ‘‘October 1, 2001’’.
SEC. 628. (a) IN GENERAL.—Notwithstanding any
other provision of law, none of the funds made available
by this Act for the Department of the Treasury shall be
available for any activity or for paying the salary of any
Government employee where funding an activity or paying
a salary to a Government employee would result in a 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
892
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
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
893
States economic interests or to the stability of the inter-
national financial system.
(c) EXPEDITED PROCEDURES FOR A RESOLUTION OF
DISAPPROVAL.—A presidential certification pursuant to
subsection (b) shall not take effect, if the Congress, within
30 calendar days after receiving such certification, enacts
a joint resolution of disapproval, as described in paragraph
(5) of this subsection.
(1) REFERENCE
TO
COMMITTEES.—All joint
resolutions introduced in the Senate to disapprove
the certification shall be referred to the Committee
on Banking, Housing, and Urban Affairs, and in the
House of Representatives, to the appropriate com-
mittees.
(2) DISCHARGE OF COMMITTEES.—(A) If the
committee of either House to which a resolution has
been referred has not reported it at the end of 15
days after its introduction, it is in order to move ei-
ther to discharge the committee from further consid-
eration of the joint resolution or to discharge the
committee from further consideration of any other
resolution introduced with respect to the same mat-
ter, except no motion to discharge shall be in order
after the committee has reported a joint resolution
with respect to the same matter.
894
(B) A motion to discharge may be made only by
an individual favoring the resolution, and is privi-
leged in the Senate; and debate thereon shall be lim-
ited to not more than 1 hour, the time to be divided
in the Senate equally between, and controlled by, the
majority leader and the minority leader or their des-
ignees.
(3) FLOOR CONSIDERATION IN THE SENATE.—
(A) A motion in the Senate to proceed to the consid-
eration of a resolution shall be privileged.
(B) Debate in the Senate on a resolution, and
all debatable motions and appeals in connection
therewith, shall be limited to not more than 4 hours,
to be equally divided between, and controlled by, the
majority leader and the minority leader or their des-
ignees.
(C) Debate in the Senate on any debatable mo-
tion or appeal in connection with a resolution shall
be limited to not more than 20 minutes, to be equal-
ly divided between, and controlled by, the mover and
the manager of the resolution, except that in the
event the manager of the resolution is in favor of
any such motion or appeal, the time in opposition
thereto, shall be controlled by the minority leader or
his designee. Such leaders, or either of them, may,
895
from time under their control on the passage of a
resolution, allot additional time to any Senator dur-
ing the consideration of any debatable motion or ap-
peal.
(D) A motion in the Senate to further limit de-
bate on a resolution, debatable motion, or appeal is
not debatable. No amendment to, or motion to re-
commit, a resolution is in order in the Senate.
(4) In the case of a resolution, if prior to the
passage by one House of a resolution of that House,
that House receives a resolution with respect to the
same matter from the other House, then—
(A) the procedure in that House shall be
the same as if no resolution had been received
from the other House; but
(B) the vote on final passage shall be on
the resolution of the other House.
(5) For purposes of this subsection, the term
‘‘joint resolution’’ means only a joint resolution of
the 2 Houses of Congress, the matter after the 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
896
lllllll.’’, with the blank space being filled
with the appropriate date.
(d) APPLICABILITY.—This section—
(1) shall not apply to any action taken as part
of the program of assistance to Mexico announced
by the President on January 31, 1995; and
(2) shall remain in effect through fiscal year
1997.
SEC. 629. (a) TECHNICAL AMENDMENT.—Section
640 of Public Law 104–52 (109 Stat. 513) is amended
by striking ‘‘Service performed’’ and inserting ‘‘Hereafter,
service performed’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect as if included in Public
Law 104–52 on the date of its enactment.
SEC. 630. 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
897
purposes, and for the preparation, distribution or use of
any kit, pamphlet, booklet, publication, radio, television or
film presentation designed to support or defeat legislation
pending before the Congress, except in presentation to the
Congress itself.
SEC. 632. (a) The United States Courthouse under
construction at 1030 Southwest 3d Avenue in Portland,
Oregon, shall be known and designated as the ‘‘Mark O.
Hatfield United States Courthouse’’.
(b) Any reference in a law, map, regulation, docu-
ment, paper, or other record of the United States to the
courthouse referred to in section 901 shall be deemed to
be a reference to the ‘‘Mark O. Hatfield United States
Courthouse’’.
(c) This section shall take effect on January 2, 1997.
SEC. 633. SURVIVOR ANNUITY RESUMPTION UPON
TERMINATION OF MARRIAGE.—(a) AMENDMENTS.—
(1) CIVIL SERVICE RETIREMENT SYSTEM.—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
on the first day of the month in which it ends, but only
if—
898
‘‘(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.’’.
(3) FEDERAL
EMPLOYEES
HEALTH
BENE-
FITS.—Section 8908 of title 5, United States Code,
is amended by adding at the end of the following
new subsection:
‘‘(d) A surviving child whose survivor annuity under
section 8341(e) or 8443(b) was terminated and is later
restored under paragraph (4) of section 8341(e) or the
last sentence of section 8443(b) may, under regulations
prescribed by the Office, enroll in a health benefits plan
described by section 8903 or 8903a if such surviving child
899
was covered by any such plan immediately before such an-
nuity was terminated.’’.
(b) APPLICABILITY.—The amendments made by sub-
section (a) shall apply with respect to any termination of
marriage taking effect before, on, or after the date of en-
actment of this Act, except that benefits shall be payable
only with respect to amounts accruing for periods begin-
ning on the first day of the month beginning after the
later of such termination of marriage or such date of en-
actment.
SEC. 634. AVAILABILITY OF ANNUAL LEAVE FOR
EMPLOYEES AFFECTED BY REDUCTION IN FORCE.—Sec-
tion 6302 of title 5, United States Code, is amended by
adding at the end of the following new subsection:
‘‘(g) An employee who is being involuntarily sepa-
rated from an agency due to a reduction in force or trans-
fer of function under subchapter I of chapter 35 may elect
to use annual leave to the employee’s credit to remain on
the agency’s rolls after the date the employee would other-
wise have been separated if, and only to the extent that,
such additional time in a pay status will enable the em-
ployee to qualify for an immediate annuity under section
8336, 8412, 8414, or to qualify to carry health benefits
coverage into retirement under section 8905(b).’’.
900
SEC. 635. Section 207(e)(6)(B) of title 18, United
States Code, is amended by striking ‘‘level V of the Execu-
tive Schedule’’ and inserting ‘‘level 5 of the Senior Execu-
tive Service’’.
SEC. 636. REIMBURSEMENTS RELATING TO PROFES-
SIONAL LIABILITY INSURANCE.—(a) AUTHORITY.—Not-
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, and any agency of the Legislative
Branch of Government including any office or com-
901
mittee of the Senate or the House of Representa-
tives;
(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, or
under section 4823 of title 22, United States Code;
(3) the terms ‘‘supervisor’’ and ‘‘management
official’’ have the respective meanings given them by
section 7103(a) of such title 5, and
(4) the term ‘‘professional liability insurance’’
means insurance which provides coverage for—
(A) legal liability for damages due to 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
902
(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.
(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. For FY 1997, the Secretary of the
Treasury is authorized to use funds made available to the
FSLIC Resolution Fund under P.L. 103–327, not to ex-
ceed $26,100,000, to reimburse the Department of Jus-
tice for the reasonable expenses of litigation that are in-
903
curred in the defense of claims against the U.S. arising
from FIRREA and its implementation.
SEC. 639. Section 608 of Public Law 104–52 is
amended in the first sentence by inserting before the pe-
riod, ‘‘, including Federal records disposed of pursuant to
a records schedule’’.
SEC. 640. In reviewing and analyzing the contracting
out, outsourcing or privatization of business and adminis-
trative functions, and in implementing 40 U.S.C. sections
1413 and 1423, and other provisions, in title LI of the
National Defense Authorization Act for fiscal year 1996
(the Information Technology Management Reform Act)—
(1) the Director of the Office of Management
and Budget and the heads of the executive agencies
may have studies, analyses, reviews and other man-
agement assistance performed by the private sector;
(2) the reviews, analyses, and studies called for
by 40 U.S.C. section 1413(b)(2) (B) and (C) shall
be completed and reported to the Agency Head with-
in 180 days, or less measured from when a study
analysis or review is initiated unless the Agency
Head determines additional time is needed;
(3) in accordance with principles and rules gov-
erning organizational conflicts of interest, persons
involved in a particular study may not compete for
904
any work that is to be or is outsourced as a result
of that study; and
(4) this section will apply with respect to stud-
ies occurring on or after the date of enactment of
this subsection and completed before September 1,
1999 and the Comptroller General of the United
States shall review and provide an assessment of
this program by January 1, 1999.
SEC. 641. (a) SECTION 1—AUTHORIZATION OF AP-
PROPRIATIONS.—Section 8(a)(1) of the Whistleblower
Protection Act of 1989 (5 U.S.C. 5509 note, Public Law
101–12, April 10, 1989, 103 Stat. 34, as amended Public
Law 103–424, Section 1, October 29, 1994, 108 Stat.
4361), is amended by striking the words: ‘‘1993, 1994,
1995, 1996, and 1997,’’ and inserting in lieu thereof
‘‘1998, 1999, 2000, 2001, and 2002’’.
(b) SECTION 2—EFFECTIVE DATE.—This Act shall
take effect on October 1, 1998.
SEC. 642. (a) SECTION 1.—AUTHORIZATION OF AP-
PROPRIATIONS.—Section 8(a)(1) of the Whistleblower
Protection Act of 1989 (5 U.S.C. 5509 note; Public Law
103–424; 103 Stat. 34) is amended by striking out:
‘‘1993, 1994, 1995, 1996, and 1997,’’ and inserting in
lieu thereof ‘‘1998, 1999, 2000, 2001, and 2002’’.
905
(b) SECTION 2—EFFECTIVE DATE.—This Act shall
take effect on October 1, 1998.
SEC. 643. MODIFICATIONS OF NATIONAL COMMIS-
SION
ON RESTRUCTURING
THE INTERNAL REVENUE
SERVICE.—(a) QUORUM.—Paragraph (4) of section
637(b) of the Treasury, Postal Service, and General Gov-
ernment Appropriations Act, 1996 (Public Law 104–52,
109 Stat. 510) is amended by striking ‘‘Seven’’ and insert-
ing ‘‘Nine’’.
(b) CO-CHAIRS.—
(1) IN
GENERAL.—Paragraph (3) of section
637(b) of such Act is amended—
(A) by striking ‘‘a Chairman’’ and insert-
ing ‘‘Co-Chairs’’, and
(B) by striking ‘‘Chairman’’ in the heading
and inserting ‘‘Co-Chairs’’.
(2) CONFORMING
AMENDMENTS.—(A) Para-
graph (5)(B) of section 637(b) of such Act is
amended by striking ‘‘a Chairman’’ and inserting
‘‘Co-Chairs’’.
(B) Subsections (b)(4), (d)(1)(B), (d)(3), and
(e)(1) of section 637 of such Act are each amended
by striking ‘‘Chairman’’ each place it appears and
inserting ‘‘Co-Chairs’’.
906
(c) GIFTS.—Section 637(d) of such Act is amended
by adding at the end the following new paragraph:
‘‘(6) GIFTS.—The Commission may accept, use,
and dispose of gifts or donations of services or prop-
erty in carrying out its duties under this section.’’
(d) TRAVEL EXPENSES.—Section 637(f)(2) of such
Act is amended by striking ‘‘shall’’ and inserting ‘‘may’’.
(e) TIME FOR FILING REPORT.—
(1) IN GENERAL.—Paragraph (1) of section 637(g)
of such Act is amended by striking ‘‘one year’’ and insert-
ing ‘‘15 months’’.
(2) CONFORMING AMENDMENT.—Subparagraph (A)
of section 637(c)(1) of such Act is amended by striking
‘‘one year’’ and inserting ‘‘15 months’’.
(f) EFFECTIVE DATE.—The amendments made by
this section shall take effect as if included in the provisions
of the Treasury, Postal Service, and General Government
Appropriations Act, 1996.
SEC. 644. (a) IN GENERAL.—Section 202(a) of title
39, United States Code, is amended by striking ‘‘$10,000
a year’’ and inserting ‘‘$30,000 a year’’.
(b) EFFECTIVE DATE.—Subsection (a) shall take ef-
fect at the beginning of the next applicable pay period be-
ginning after the date of the enactment of this Act.
907
SEC. 645. (a) IN GENERAL.—No later than Septem-
ber 30, 1997, the Director of the Office of Management
and Budget shall submit to the Congress a report that
provides—
(1) estimates of the total annual costs and ben-
efits of Federal regulatory programs, including
quantitative and nonquantitative measures of regu-
latory costs and benefits;
(2) estimates of the costs and benefits (includ-
ing quantitative and nonquantitative measures) of
each rule that is likely to have a gross annual effect
on the economy of $100,000,000 or more in in-
creased costs;
(3) an assessment of the direct and indirect im-
pacts of Federal rules on the private sector, State
and local government, and the Federal Government;
and
(4) recommendations from the Director and a
description of significant public comments to reform
or eliminate any Federal regulatory program or pro-
gram element that is inefficient, ineffective, or is not
a sound use of the Nation’s resources.
(b) NOTICE.—The Director shall provide public no-
tice and an opportunity to comment on the report under
subsection (a) before the report is issued in final form.
908
SEC. 646. Subsection (b) of section 404 of Public
Law 103–356 is amended by deleting ‘‘September 30,
1997’’ and inserting ‘‘December 31, 1999’’.
SEC. 647. (a) Notwithstanding any other provision
of law, the Secretary shall, on behalf of the United States,
transfer to the University of Miami, without charge, title
to the real property and improvements that as of the date
of the enactment of this Act constitute the Federal facility
known as the Perrine Primate Center, subject to the con-
dition that, during the 10-year period beginning on the
date of the transfer—
(1) the University will provide for the continued
use of the real property and improvements as an
animal research facility, including primates, and
such use will be the exclusive use of the property
(with such incidental exceptions as the Secretary
may approve); or
(2) the real property and improvements will be
used for research-related purposes other than the
purpose specified in paragraph (1) (or for both of
such purposes), if the Secretary and the University
enter into an agreement accordingly.
(b) The conveyance under subsection (a) shall not be-
come effective unless the conveyance specifies that, if the
University of Miami engages in a material breach of the
909
conditions specified in such subsection, title to the real
property and improvements involved reverts to the United
States at the election of the Secretary.
(c) The real property referred to in subsections (a)
and (b) is located in the county of Dade in the State of
Florida, and is a parcel consisting of the northernmost
30 acre-parcel of the area. The exact acreage and legal
description used for purposes of the transfer under sub-
section (a) shall be in accordance with a survey that is
satisfactory to the Secretary.
(d) For the purposes of this section—
(1) the term ‘‘Secretary’’ means the Secretary
of Health and Human Services; and
(2) the term ‘‘University of Miami’’ means the
University of Miami located in the State of Florida.
SEC. 648. (a) INCREASED PENALTIES FOR COUN-
TERFEITING VIOLATIONS.—Sections 474 and 474A of
title 18, United States Code, are amended by striking
‘‘class C felony’’ each place that term appears and insert-
ing ‘‘class B felony’’.
(b) CRIMINAL PENALTY FOR PRODUCTION, SALE,
TRANSPORTATION, POSSESSION OF FICTITIOUS FINAN-
CIAL INSTRUMENTS PURPORTING TO BE THOSE OF THE
STATES, OF POLITICAL SUBDIVISIONS, AND OF PRIVATE
ORGANIZATIONS.—
910
(1) IN GENERAL.—Chapter 25 of title 18, Unit-
ed States Code, is amended by inserting after sec-
tion 513, the following new section:
‘‘§ 514. Fictitious obligations
‘‘(a) Whoever, with the intent to defraud—
‘‘(1) draws, prints, processes, produces, pub-
lishes, or otherwise makes, or attempts or causes the
same, within the United States;
‘‘(2) passes, utters, presents, offers, brokers, is-
sues, sells, or attempts or causes the same, or with
like intent possesses, within the United States; or
‘‘(3) utilizes interstate or foreign commerce, in-
cluding the use of the mails or wire, radio, or other
electronic communication, to transmit, transport,
ship, move, transfer, or attempts or causes the same,
to, from, or through the United States,
any false or fictitious instrument, document, or other item
appearing, representing, purporting, or contriving through
scheme or artifice, to be an actual security or other finan-
cial instrument issued under the authority of the United
States, a foreign government, a State or other political
subdivision of the United States, or an organization, shall
be guilty of a class B felony.
911
‘‘(b) For purposes of this section, any term used in
this section that is defined in section 513(c) has the same
meaning given such term in section 513(c).
‘‘(c) The United States Secret Service, in addition to
any other agency having such authority, shall have author-
ity to investigate offenses under this section.’’.
(2) TECHNICAL AMENDMENT.—The analysis for
chapter 25 of title 18, United States Code, is
amended by inserting after the item relating to sec-
tion 513 the following:
‘‘514. Fictitious obligations.’’.
(c) PERIOD
OF EFFECT.—This section and the
amendments made by this section shall become effective
on the date of enactment of this Act and shall remain in
effect during each fiscal year following that date of enact-
ment.
SEC. 649. None of the funds appropriated by this Act
may be used by an agency to provide a Federal employee’s
home address to any labor organization except when it is
made known to the Federal official having authority to
obligate or expend such funds that the employee has au-
thorized such disclosure or that such disclosure has been
ordered by a court of competent jurisdiction.
SEC. 650. (a) No later than 45 days after the date
of the enactment of this Act, the Inspector General of each
912
Federal department or agency that uses administratively
uncontrollable overtime in the pay of any employee shall—
(1) conduct an audit on the use of administra-
tively uncontrollable overtime by employees of such
department or agency, which shall include—
(A) an examination of the policies, extent,
costs, and other relevant aspects of the use of
administratively uncontrollable overtime at the
department or agency; and
(B) a determination of whether the eligi-
bility criteria of the department or agency and
payment of administratively uncontrollable over-
time comply with Federal statutory and regu-
latory requirements; and
(2) submit a report of the findings and conclu-
sions of such audit to—
(A) the Office of Personnel Management;
(B) the Governmental Affairs Committee
of the Senate; and
(C) the Government Reform and Oversight
Committee of the House of Representatives.
(b) No later than 30 days after the submission of the
report under subsection (a), the Office of Personnel Man-
agement shall issue revised guidelines to all Federal de-
partments and agencies that—
913
(1) limit the use of administratively uncontrol-
lable overtime to employees meeting the statutory in-
tent of section 5545(c)(2) of title 5, United States
Code; and
(2) expressly prohibit the use of administra-
tively uncontrollable overtime for—
(A) customary or routine work duties; and
(B) work duties that are primarily admin-
istrative in nature, or occur in noncompelling
circumstances.
SEC. 651. Notwithstanding section 8116 of title 5,
United States Code, and in addition to any payment made
under 5 U.S.C. 8101 et seq., beginning in fiscal year 1997
and thereafter, the head of any department or agency is
authorized to pay from appropriations made available to
the department or agency a death gratuity to the personal
representative (as that term is defined by applicable law)
of a civilian employee of that department or agency whose
death resulted from an injury sustained in the line of duty
on or after August 2, 1990: Provided, That payments
made pursuant to this section, in combination with the
payments made pursuant to sections 8133(f) and 8134(a)
of such title 5 and section 312 of Public Law 103–332
(108 Stat. 2537), may not exceed a total of $10,000 per
employee.
914
SEC. 653. (a) AUTHORIZATION.—The Secretary of
the Treasury is authorized to establish scientific certifi-
cation standards for explosives detection canines, and shall
provide, on a reimbursable basis, for the certification of
explosives detection canines employed by Federal agencies,
or other agencies providing explosives detection services at
airports in the United States.
(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary to carry out the purposes of this section.
SEC. 654. NATIONAL REPOSITORY FOR INFORMA-
TION ON EXPLOSIVES INCIDENTS AND ARSON.
(a) Section 846 of title 18, United States Code,
is amended by—
(1) designating the existing section as sub-
section (a); and
(2) by adding the following new subsection
(b) to read as follows:
‘‘(b) The Secretary is authorized to establish a
national repository of information on incidents in-
volving arson and the suspected criminal misuse of
explosives. All Federal agencies having information
concerning such incidents shall report the informa-
tion to the Secretary pursuant to such regulations as
deemed necessary to carry out the provisions of this
915
subsection. The repository shall also contain infor-
mation on incidents voluntarily reported to the Sec-
retary by State and local authorities.’’.
(b) There is authorized to be appropriated such
sums as may be necessary to carry out the provi-
sions of this subsection.
SEC. 655. Section 5(c)(1) of Public Law 102–259 (20
U.S.C. 5603(c)(1)) is amended—
(1) in subparagraph (A)(iii), by striking ‘‘and’’
after the semicolon;
(2) in subparagraph (B), by striking the period
and inserting ‘‘; and’’; and
(3) by adding after subparagraph (B) the fol-
lowing:
‘‘(C) a Trustee may serve after the expiration
of the Trustee’s term until a successor has been cho-
sen.’’.
SEC. 656. Notwithstanding any other provision of
law, the Secretary of the Interior, through the Bureau of
Indian Affairs, may directly transfer to Indian tribes in
North and South Dakota portable housing units at the
Grand Forks Air Force base in North Dakota which have
been declared excess by the Department of Defense and
requested for transfer by the Department of the Interior.
916
SEC. 657. Section 922(q) of title 18, United States
Code, is amended to read as follows:
‘‘(q)(1) The Congress finds and declares that—
‘‘(A) crime, particularly crime involving drugs
and guns, is a pervasive, nationwide problem;
‘‘(B) crime at the local level is exacerbated by
the interstate movement of drugs, guns, and crimi-
nal gangs;
‘‘(C) firearms and ammunition move easily in
interstate commerce and have been found in increas-
ing numbers in and around schools, as documented
in numerous hearings in both the Committee on the
Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate;
‘‘(D) in fact, even before the sale of a firearm,
the gun, its component parts, ammunition, and the
raw materials from which they are made have con-
siderably moved in interstate commerce;
‘‘(E) while criminals freely move from State to
State, ordinary citizens and foreign visitors may fear
to travel to or through certain parts of the country
due to concern about violent crime and gun violence,
and parents may decline to send their children to
school for the same reason;
917
‘‘(F) the occurrence of violent crime in school
zones has resulted in a decline in the quality of edu-
cation in our country;
‘‘(G) this decline in the quality of education has
an adverse impact on interstate commerce and the
foreign commerce of the United States;
‘‘(H) States, localities, and school systems find
it almost impossible to handle gun-related crime by
themselves—even States, localities, and school sys-
tems that have made strong efforts to prevent, de-
tect, and punish gun-related crime find their efforts
unavailing due in part to the failure or inability of
other States or localities to take strong measures;
and
‘‘(I) the Congress has the power, under the
interstate commerce clause and other provisions of
the Constitution, to enact measures to ensure the in-
tegrity and safety of the Nation’s schools by enact-
ment of this subsection.
‘‘(2)(A) It shall be unlawful for any individual know-
ingly to possess a firearm that has moved in or that other-
wise affects interstate or foreign commerce at a place that
the individual knows, or has reasonable cause to believe,
is a school zone.
918
‘‘(B) Subparagraph (A) does not apply to the posses-
sion of a firearm—
‘‘(i) on private property not part of school
grounds;
‘‘(ii) if the individual possessing the firearm is
licensed to do so by the State in which the school
zone is located or a political subdivision of the State,
and the law of the State or political subdivision re-
quires that, before an individual obtains such a li-
cense, the law enforcement authorities of the State
or political subdivision verify that the individual is
qualified under law to receive the license;
‘‘(iii) that is—
‘‘(I) not loaded; and
‘‘(II) in a locked container, or a locked
firearms rack that is on a motor vehicle;
‘‘(iv) by an individual for use in a program ap-
proved by a school in the school zone;
‘‘(v) by an individual in accordance with a con-
tract entered into between a school in the school
zone and the individual or an employer of the indi-
vidual;
‘‘(vi) by a law enforcement officer acting in his
or her official capacity; or
919
‘‘(vii) that is unloaded and is possessed by an
individual while traversing school premises for the
purpose of gaining access to public or private lands
open to hunting, if the entry on school premises is
authorized by school authorities.
‘‘(3)(A) Except as provided in subparagraph (B), it
shall be unlawful for any person, knowingly or with reck-
less disregard for the safety of another, to discharge or
attempt to discharge a firearm that has moved in or that
otherwise affects interstate or foreign commerce at a place
that the person knows is a school zone.
‘‘(B) Subparagraph (A) does not apply to the dis-
charge of a firearm—
‘‘(i) on private property not part of school
grounds;
‘‘(ii) as part of a program approved by a school
in the school zone, by an individual who is partici-
pating in the program;
‘‘(iii) by an individual in accordance with a con-
tract entered into between a school in a school zone
and the individual or an employer of the individual;
or
‘‘(iv) by a law enforcement officer acting in his
or her official capacity.
920
‘‘(4) Nothing in this subsection shall be construed as
preempting or preventing a State or local government
from enacting a statute establishing gun free school zones
as provided in this subsection.’’.
SEC. 658. GUN BAN FOR INDIVIDUALS CONVICTED OF A
MISDEMEANOR CRIME OF DOMESTIC VIO-
LENCE.
(a) DEFINITION.—Section 921(a) of title 18,
United States Code, is amended by adding at the end the
following:
‘‘(33)(A) Except as provided in subparagraph
(C), the term ‘misdemeanor crime of domestic vio-
lence’ means an offense that—
‘‘(i) is a misdemeanor under Federal or
State law; and
‘‘(ii) has, as an element, the use or at-
tempted use of physical force, or the threatened
use of a deadly weapon, committed by a current
or former spouse, parent, or guardian of the
victim, by a person with whom the victim
shares a child in common, by a person who is
cohabiting with or has cohabited with the victim
as a spouse, parent, or guardian, or by a person
similarly situated to a spouse, parent, or guard-
ian of the victim.
921
‘‘(B)(i) A person shall not be considered to have
been convicted of such an offense for purposes of
this chapter, unless—
‘‘(I) the person was represented by counsel
in the case, or knowingly and intelligently
waived the right to counsel in the case; and
(II) in the case of a prosecution for an of-
fense described in this paragraph for which a
person was entitled to a jury trial in the juris-
diction in which the case was tried, either
(aa) the case was tried by a jury, or
(bb) the person knowingly and intel-
ligently waived the right to have the case
tried by a jury, by guilty plea or otherwise.
‘‘(ii) A person shall not be considered to have
been convicted of such an offense for purposes of
this chapter if the conviction has been expunged or
set aside, or is an offense for which the person has
been pardoned or has had civil rights restored (if the
law of the applicable jurisdiction provides for the
loss of civil rights under such an offense) unless the
pardon, expungement, or restoration of civil rights
expressly provides that the person may not ship,
transport, possess, or receive firearms.’’.
(b)PROHIBITIONS.—
922
(1) Section 922(d) of such title is amended—
(A) by striking ‘‘or’’ at the end of para-
graph (7);
(B) by striking the period at the end of
paragraph (8) and inserting ‘‘; or’’; and
(C) by inserting after paragraph (8) the
following:
‘‘(9) has been convicted in any court of a mis-
demeanor crime of domestic violence.’’.
(2) Section 922(g) of such title is amended—
(A) by striking ‘‘or’’ at the end of
paragrph (7);
(B) by striking the comma at the end of
paragraph (8) and inserting ‘‘; or’’; and
(C) by inserting after paragraph (8) the
following:
‘‘(9) who has been convicted in any court of a
misdemeanor crime of domestic violence,’’.
(3) Section 922(s)(3)(B)(i) of such title is
amended by inserting ‘‘, and has not been convicted
in any court of a misdemeanor crime of domestic vi-
olence’’ before this semicolon.
(c) GOVERNMENT ENTITIES NOT EXCEPTED.—
Section 925(a)(1) of such title is amended by inserting
923
‘‘sections 922(d)(9) and 922(g)(9) and’’ after ‘‘except
for’’.
SEC. 659. THRIFT SAVINGS PLAN.
TITLE I—ADDITIONAL INVESTMENT FUNDS FOR THE
THRIFT SAVINGS PLAN
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Thrift Savings Invest-
ment Funds Act of 1996’’.
SEC. 102. ADDITIONAL INVESTMENT FUNDS FOR THE
THRIFT SAVINGS PLAN.
Section 8438 of title 5, United States Code, is
amended—
(1) in subsection (a)—
(A) 
by 
redesignating 
paragraphs 
(5)
through (8) as paragraphs (6) through (9), re-
spectively;
(B) by inserting after paragraph (4) the
following new paragraph:
‘‘(5) the term ‘International Stock Index Invest-
ment Fund’ means the International Stock Index In-
vestment 
Fund 
established 
under 
subsection
(b)(1)(E);’’;
(C) in paragraph (8) (as redesignated by
subparagraph (A) of this paragraph) by strik-
ing out ‘‘and’’ at the end thereof;
924
(D) in paragraph (9) (as redesignated by
subparagraph (A) of this paragraph)—
(i) 
by 
striking 
out 
‘‘paragraph
(7)(D)’’ in each place it appears and in-
serting in each such place ‘‘paragraph
(8)(D)’’; and
(ii) by striking out the period and in-
serting in lieu thereof a semicolon and
‘‘and’’; and
(E) by adding at the end thereof the fol-
lowing new paragraph:
‘‘(10) the term ‘Small Capitalization Stock
Index Investment Fund’ means the Small Capitaliza-
tion Stock Index Investment Fund established under
subsection (b)(1)(D).’’; and
(2) in subsection (b)—
(A) in paragraph (1)—
(i) in subparagraph (B) by striking
out ‘‘and’’ at the end thereof;
(ii) in subparagraph (C) by striking
out the period and inserting in lieu thereof
a semicolon; and
(iii) by adding at the end thereof the
following new subparagraphs:
925
‘‘(D) a Small Capitalization Stock Index
Investment Fund as provided in paragraph (3);
and
‘‘(E) an International Stock Index Invest-
ment Fund as provided in paragraph (4).’’; and
(B) by adding at the end thereof the fol-
lowing new paragraphs:
‘‘(3)(A) The Board shall select an index which
is a commonly recognized index comprised of com-
mon stock the aggregate market value of which rep-
resents the United States equity markets excluding
the common stocks included in the Common Stock
Index Investment Fund.
‘‘(B) The Small Capitalization Stock Index In-
vestment Fund shall be invested in a portfolio de-
signed to replicate the performance of the index in
subparagraph (A). The portfolio shall be designed
such that, to the extent practicable, the percentage
of the Small Capitalization Stock Index Investment
Fund that is invested in each stock is the same as
the percentage determined by dividing the aggregate
market value of all shares of that stock by the ag-
gregate market value of all shares of all stocks in-
cluded in such index.
926
‘‘(4)(A) The Board shall select an index which
is a commonly recognized index comprised of stock
the aggregate market value of which is a reasonably
complete representation of the international equity
markets excluding the United States equity markets.
‘‘(B) The International Stock Index Investment
Fund shall be invested in a portfolio designed to rep-
licate the performance of the index in subparagraph
(A). The portfolio shall be designed such that, to the
extent practicable, the percentage of the Inter-
national Stock Index Investment Fund that is in-
vested in each stock is the same as the percentage
determined by dividing the aggregate market value
of all shares of that stock by the aggregate market
value of all shares of all stocks included in such
index.’’.
SEC. 103. ACKNOWLEDGEMENT OF INVESTMENT RISK.
Section 8439(d) of title 5, United States Code, is
amended by striking out ‘‘Each employee, Member, former
employee, or former Member who elects to invest in the
Common Stock Index Investment Fund or the Fixed In-
come Investment Fund described in paragraphs (1) and
(3),’’ and inserting in lieu thereof ‘‘Each employee, Mem-
ber, former employee, or former Member who elects to in-
vest in the Common Stock Index Investment Fund, the
927
Fixed Income Investment Fund, the International Stock
Index Investment Fund, or the Small Capitalization Stock
Index Investment Fund, defined in paragraphs (1), (3),
(5), and (10),’’.
SEC. 104. EFFECTIVE DATE.
This title shall take effect on the date of enactment
of this Act, and the Funds established under this title
shall be offered for investment at the earliest practicable
election period (described in section 8432(b) of title 5,
United States Code) as determined by the Executive Di-
rector in regulations.
TITLE II—THRIFT SAVINGS ACCOUNTS LIQUIDITY
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Thrift Savings Plan
Act of 1996’’.
SEC. 202. NOTICE TO SPOUSES FOR IN-SERVICE WITHDRAW-
ALS; DE MINIMUS ACCOUNTS; CIVIL SERVICE
RETIREMENT SYSTEM PARTICIPANTS.
Section 8351(b) of title 5, United States Code, is
amended—
(1) in paragraph (5)—
(A) in subparagraph (B)—
(i) by striking out ‘‘An election,
change of election, or modification (relat-
ing to the commencement date of a de-
928
ferred annuity)’’ and inserting in lieu
thereof ‘‘An election or change of election’’;
(ii) by inserting ‘‘or withdrawal’’ after
‘‘and a loan’’;
(iii) by inserting ‘‘and (h)’’ after
‘‘8433(g)’’;
(iv) by striking out ‘‘the election,
change of election, or modification’’ and in-
serting in lieu thereof ‘‘the election or
change of election’’; and
(v) by inserting ‘‘or withdrawal’’ after
‘‘for such loan’’; and
(B) in subparagraph (D)—
(i) by inserting ‘‘or withdrawals’’ after
‘‘of loans’’; and
(ii) by inserting ‘‘or (h)’’ after
‘‘8433(g)’’; and
(2) in paragraph (6)—
(A) by striking out ‘‘$3,500 or less’’ and
inserting in lieu thereof ‘‘less than an amount
that the Executive Director prescribes by regu-
lation’’; and
(B) by striking out ‘‘unless the employee
or Member elects, at such time and otherwise in
such manner as the Executive Director pre-
929
scribes, one of the options available under sub-
section (b)’’.
SEC. 203. IN-SERVICE WITHDRAWALS; WITHDRAWAL ELEC-
TIONS, FEDERAL EMPLOYEES RETIREMENT
SYSTEM PARTICIPANTS.
(a) IN GENERAL.—Section 8433 of title 5, United
States Code, is amended—
(1) by striking out subsections (b) and (c) and
inserting in lieu thereof the following:
‘‘(b) Subject to section 8435 of this title, any em-
ployee or Member who separates from Government em-
ployment is entitled and may elect to withdraw from the
Thrift Savings Fund the balance of the employee’s or
Member’s account as—
‘‘(1) an annuity;
‘‘(2) a single payment;
‘‘(3) 2 or more substantially equal payments to
be made not less frequently than annually; or
‘‘(4) any combination of payments as provided
under paragraphs (1) through (3) as the Executive
Director may prescribe by regulation.
‘‘(c)(1) In addition to the right provided under sub-
section (b) to withdraw the balance of the account, an em-
ployee or Member who separates from Government service
and who has not made a withdrawal under subsection
930
(h)(1)(A) may make one withdrawal of any amount as a
single payment in accordance with subsection (b)(2) from
the employee’s or Member’s account.
‘‘(2) An employee or Member may request that the
amount withdrawn from the Thrift Savings Fund in ac-
cordance with subsection (b)(2) be transferred to an eligi-
ble retirement plan.
‘‘(3) The Executive Director shall make each transfer
elected under paragraph (2) directly to an eligible retire-
ment plan or plans (as defined in section 402(c)(8) of the
Internal Revenue Code of 1986) identified by the em-
ployee, Member, former employee, or former Member for
whom the transfer is made.
‘‘(4) A transfer may not be made for an employee,
Member, former employee, or former Member under para-
graph (2) until the Executive Director receives from that
individual the information required by the Executive Di-
rector specifically to identify the eligible retirement plan
or plans to which the transfer is to be made.’’;
(2) in subsection (d)—
(A) in paragraph (1) by striking out ‘‘Sub-
ject to paragraph (3)(A)’’ and inserting in lieu
thereof ‘‘Subject to paragraph (3)’’;
931
(B) by striking out paragraph (2) and re-
designating paragraph (3) as paragraph (2);
and
(C) in paragraph (2) (as redesignated
under subparagraph (B) of this paragraph)—
(i) in subparagraph (A) by striking
out ‘‘(A) by striking out ‘‘(A)’’; and
(ii) by striking out subparagraph (B);
(3) in subsection (f)(1)—
(A) by striking out ‘‘$3,500 or less’’ and
inserting in lieu thereof ‘‘less than an amount
that the Executive Director prescribes by regu-
lation; and
(B) by striking out ‘‘unless the employee
or Member elects, at such time and otherwise in
such manner as the Executive Director pre-
scribes, one of the options available under sub-
section (b), or’’ and inserting a comma;
(4) in subsection (f)(2)—
(A) by striking out ‘‘February 1’’ and in-
serting in lieu thereof ‘‘April 1’’;
(B) in subparagraph (A)—
(i) by striking out ‘‘65’’ and inserting
in lieu thereof ‘‘701⁄2’’; and
932
(ii) by inserting ‘‘or’’ after the semi-
colon;
(C) by striking out subparagraph (B); and
(D) by redesignating subparagraph (C) as
subparagraph (B);
(5) in subsection (g)—
(A) in paragraph (1) by striking out ‘‘after
December 31, 1987, and’’, and by adding at the
end of the paragraph the following sentence:
‘‘Before a loan is issued, the Executive Director
shall provide in writing the employee or Mem-
ber with appropriate information concerning the
cost of the loan relative to other sources of fi-
nancing, as well as the lifetime cost of the loan,
including the difference in interest rates be-
tween the funds offered by the Thrift Savings
Fund, and any other effect of such loan on the
employee’s or Member’s final account balance.’’;
and
(B) by striking out paragraph (2) and re-
designating paragraphs (3) through (5) as
paragraphs (2) through (4), respectively; and
(6) by adding after subsection (g) the following
new subsection:
933
‘‘(h)(1) An employee or Member may apply, be-
fore separation, to the Board for permission to withdraw
an amount from the employee’s or Member’s account
based upon—
‘‘(A) the employee or Member having attained
age 591⁄2; or
‘‘(B) financial hardship.
‘‘(2) A withdrawal under paragraph (1)(A) shall
be available to each eligible participant one time only.
‘‘(3) A withdrawal under paragraph (1)(B) shall
be available only for an amount not exceeding the value
of that portion of such account which is attributable to
contributions made by the employee or Member under
section 8432(a) of this title.
‘‘(4) Withdrawals under paragraph (1) shall be
subject to such other conditions as the Executive Director
may prescribe by regulation.
‘‘(5) A withdrawal may not be made under this
subsection unless the requirements of section 8435(e) of
this title are satisfied.’’.
(b) INVALIDITY
OF
CERTAIN
PRIOR
ELEC-
TIONS.—Any election made under section 8433(b)(2) of
title 5, United States Code (as in effect before the effec-
tive date of this title), with respect to an annuity which
has not commenced before the implementation date of
934
this title as provided by regulation by the Executive Di-
rector in accordance with section 207 of this title, shall
be invalid.
SEC. 204. SURVIVOR ANNUITIES FOR FORMER SPOUSES;
NOTICE TO FEDERAL EMPLOYEES RETIRE-
MENT SYSTEM SPOUSES FOR IN-SERVICE
WITHDRAWALS.
Section 8435 of title 5, United States Code, is
amended—
(1) in subsection (a)(1)(A)—
(A) by striking out ‘‘may make an election
under subsection (b)(3) or (b)(4) or section
8433 of this title or change an election pre-
viously made under subsection (b)(1) or (b)(2)
of such section’’ and inserting in lieu thereof
‘‘may withdraw all or part of a Thrift Savings
Fund account under subsection (b) (2), (3), or
(4) of section 8433 of this title or change a
withdrawal election’’; and
(B) by adding at the end thereof ‘‘A mar-
ried employee or Member (or former employee
or Member) may make a withdrawal from a
Thrift Savings Fund account under subsection
(c)(1) of section 8433 of this title only if the
employee or Member (or former employee or
935
Member) satisfies the requirements of subpara-
graph (B).’’;
(2) in subsection (c)—
(A) in paragraph (1)—
(i) by striking out ‘‘An election,
change of election, or modification of the
commencement date of a deferred annuity’’
and inserting in lieu thereof ‘‘An election
or change of election’’; and
(ii) by striking out ‘‘modification, or transfer’’
and inserting in lieu thereof ‘‘or transfer’’; and
(B) in paragraph (2) in the matter follow-
ing subparagraph (B)(ii) by striking out ‘‘modi-
fication,’’;
(3) in subsection (e)—
(A) in paragraph (1)—
(i) in subparagraph (A)—
(I) by inserting ‘‘or withdrawal’’
after ‘‘A loan;’’;
(II) by inserting ‘‘and (h)’’ after
‘‘8433(g)’’; and
(III) by inserting ‘‘or with-
drawal’’ after ‘‘such loan’’;
(ii) in subparagraph (B) by inserting
‘‘or withdrawal’’ after ‘‘loan’’; and
936
(iii) in subparagraph (C)—
(I) by inserting ‘‘or withdrawal’’
after ‘‘to a loan’’; and
(II) by inserting ‘‘or withdrawal’’
after ‘‘for such loan’’; and
(B) in paragraph (2)—
(i) by inserting ‘‘or withdrawal’’ after
‘‘loan’’; and
(ii) by inserting ‘‘and (h)’’ after
‘‘8344(g)’’; and
(4) in subsection (g)—
(A) by inserting ‘‘or withdrawals’’ after
‘‘loans’’; and
(B) 
by 
inserting 
‘‘and 
(h)’’ 
after
‘‘8344(g)’’.
SEC. 205. DE MINIMUS ACCOUNTS RELATING TO THE JUDI-
CIARY.
(a) JUSTICES AND JUDGES.—Section 8440a(b)(7)
of title 5, United States Code, is amended—
(1) by striking out ‘‘$3,500 or less’’ and insert-
ing in lieu thereof ‘‘less than an amount that the
Executive Director prescribes by regulation’’; and
(2) by striking out ‘‘unless the justice or judge
elects, at such time and otherwise in such manner
937
as the Executive Director prescribes, one of the op-
tions available under section 8433(b)’’.
(b) BANKRUPTCY JUDGES AND MAGISTRATES.—
Section 8440b(b) of title 5, United States Code, is
amended—
(1) in paragraph (7) in the first sentence by in-
serting ‘‘of the distribution’’ after ‘‘equal to the
amount’’; and
(2) in paragraph (8)—
(A) by striking out ‘‘$3,500 or less’’ and
inserting in lieu thereof ‘‘less than an amount
that the Executive Director prescribes by regu-
lation’’; and
(B) by striking out ‘‘unless the bankruptcy
judge or magistrate elects, at such time and
otherwise in such manner as the Executive Di-
rector prescribes, one of the options available
under subsection (b)’’.
(c) FEDERAL CLAIMS JUDGES.—Section 8440c(b)
of title 5, United States Code, is amended—
(1) in paragraph (7) in the first sentence by in-
serting ‘‘of the distribution’’ after ‘‘equal to the
amount’’; and
(2) in paragraph (8)—
938
(A) by striking out ‘‘$3,500 or less’’ and
inserting in lieu thereof ‘‘less than an amount
that the Executive Director prescribes by regu-
lation’’; and
(B) by striking out ‘‘unless the judge
elects, at such time and otherwise in such man-
ner as the Executive Director prescribes, one of
the options available under section 8433(b)’’.
SEC. 206. DEFINITION OF BASIC PAY.
(a) IN GENERAL.—(1) Section 8401(4) of title 5,
United States Code, is amended by striking out ‘‘except
as provided in subchapter III of this chapter,’’.
(2) Section 8431 of title 5, United States Code,
is repealed.
(b) 
TECHNICAL
AND
CONFORMING
AMEND-
MENTS.—(1) The table of sections for chapter 84 of title
5, United States Code, is amended by striking out the
item relating to section 8431.
(2) Section 5545a(h)(2)(A) of title 5, United
States Code, is amended by striking out ‘‘8431,’’.
(3) Section 615(f) of the Treasury, Postal Service,
and General Government Appropriations Act, 1996 (Pub-
lic Law 104–52; 109 Stat. 500; 5 U.S.C. 5343 note) is
amended by striking out ‘‘section 8431 of title 5, United
States Code,’’.
939
SEC. 207. EFFECTIVE DATE.
This title shall take effect on the date of the en-
actment of this Act and withdrawals and elections as pro-
vided under the amendments made by this title shall be
made at the earliest practicable date as determined by
the Executive Director in regulations.
SEC. 660. Notwithstanding Section 613, inter-
agency financing is authorized to carry out the purposes
of the National Bioethics Advisory Commission.
SEC. 661. (a) DESIGNATION.—The United States
courthouse to be constructed at 111 South 18th Plaza,
Omaha, Nebraska, shall be known and designated as the
‘‘Roman L. Hruska United States Courthouse’’.
(b) REFERENCES.—Any reference in a law, map,
regulation, document, paper, or other record of the Unit-
ed States to the United States courthouse referred to in
section 1 shall be deemed to be a reference to the
‘‘Roman L. Hruska United States Courthouse’’.
SEC. 662. (a) PROVISIONS RELATING TO TITLE
39, UNITED STATES CODE.—
‘‘(1) APPOINTMENT AND REMOVAL OF INSPEC-
TOR
GENERAL.—Section 202 of title 39, United
States Code, is amended by adding at the end the
following:
‘‘(e)(1) The Governors shall appoint and shall
have the power to remove the Inspector General.
940
‘‘(2) The Inspector General shall be appointed—
‘‘(A) for a term of 7 years;
‘‘(B) without regard to political affiliation; and
‘‘(C) solely on the basis of integrity and dem-
onstrated ability in accounting, auditing, financial
analysis, law, management analysis, public adminis-
tration, or investigations.
‘‘(3) The Inspector General may at any time be
removed upon the written concurrence of at least 7 Gov-
ernors, but only for cause. Nothing in this subsection
shall be considered to exempt the Governors from the re-
quirements of section 8G(e) of the Inspector General Act
of 1978.’’.
(2) DEFINITION.—Section 102 of title 39, Unit-
ed States Code, is amended—
(A) by striking ‘‘and’’ at the end of para-
graph (2);
(B) by striking the period at the end of
paragraph (3) and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(4) ‘Inspector General’ means the Inspector
General appointed under section 202(e) of this
title.’’.
(3) SEPARATE ITEM IN ANNUAL BUDGET.—For
purposes of the fifth sentence of section 2009 of title
941
39, United States Code, the operations of the Office
of Inspector General of the United States Postal
Service shall be considered a major type of activity.
(b) AMENDMENTS TO THE INSPECTOR GENERAL
ACT OF 1978.—
(1) GOVERNORS
AS
HEAD
OF
THE
POSTAL
SERVICE.—Section 8G(a)(4) of the Inspector Gen-
eral Act of 1978 (5 U.S.C. App.) is amended by
striking ‘‘except that’’ and all that follows through
the semicolon and inserting ‘‘except that—
‘‘(A) with respect to the National Science
Foundation, such term means the National
Science Board; and
‘‘(B) with respect to the United States
Postal Service, such term means the Governors
(within the meaning of section 102(3) of title
39, United States Code);’’.
(2) SPECIAL RULES RELATING TO THE UNITED
STATES POSTAL SERVICE.—Subsection (f) of section
8G of such Act is amended to read as follows:
‘‘(f)(1) For purposes of carrying out subsection
(c) with respect to the United States Postal Service, the
appointment provisions of section 202(e) of title 39,
United States Code, shall be applied.
942
‘‘(2) In carrying out the duties and responsibilities
specified in this Act, the Inspector General of the United
States Postal Service (hereinafter in this subsection re-
ferred to as the ‘Inspector General’) shall have oversight
responsibility for all activities of the Postal Inspection
Service, including any internal investigation performed by
the Postal Inspection Service. The Chief Postal Inspector
shall promptly report the significant activities being car-
ried out by the Postal Inspection Service to such Inspec-
tor General.
‘‘(3)(A)(i) Notwithstanding subsection (d), the In-
spector General shall be under the authority, direction,
and control of the Governors with respect to audits or in-
vestigations, or the issuance of subpoenas, which require
access to sensitive information concerning—
‘‘(I) ongoing civil or criminal investigations or
proceedings;
‘‘(II) undercover operations;
‘‘(III) the identity of confidential sources, in-
cluding protected witnesses;
‘‘(IV) intelligence or counterintelligence mat-
ters; or
‘‘(V) other matters the disclosure of which
would constitute a serious threat to national secu-
rity.
943
‘‘(ii) With respect to the information described
under clause (i), the Governors may prohibit the Inspec-
tor General from carrying out or completing any audit or
investigation, or from issuing any subpoena, after such
Inspector General has decided to initiate, carry out, or
complete such audit or investigation or to issue such sub-
poena, if the Governors determine that such prohibition
is necessary to prevent the disclosure of any information
described under clause (i) or to prevent the significant
impairment to the national interests of the United States.
‘‘(iii) If the Governors exercise any power under
clause (i) or (ii), the Governors shall notify the Inspector
General in writing stating the reasons for such exercise.
Within 30 days after receipt of any such notice, the In-
spector General shall transmit a copy of such notice to
the Committee on Governmental Affairs of the Senate
and the Committee on Government Reform and Oversight
of the House of Representatives, and to other appropriate
committees or subcommittees of the Congress.
‘‘(B) In carrying out the duties and responsibil-
ities specified in this Act, the Inspector General—
‘‘(i) may initiate, conduct and supervise such
audits and investigations in the United States Postal
Service as the Inspector General considers appro-
priate; and
944
‘‘(ii) shall give particular regard to the activities
of the Postal Inspection Service with a view toward
avoiding duplication and insuring effective coordina-
tion and cooperation.
‘‘(C) Any report required to be transmitted by the
Governors to the appropriate committees or subcommit-
tees of the Congress under section 5(d) shall also be
transmitted, within the seven-day period specified under
such section, to the Committee on Governmental Affairs
of the Senate and the Committee on Government Reform
and Oversight of the House of Representatives.
‘‘(3) Nothing in this Act shall restrict, eliminate,
or otherwise adversely affect any of the rights, privileges,
or benefits of either employees of the United States Post-
al Service, or labor organizations representing employees
of the United States Postal Service, under chapter 12
of title 39, United States Code, the National Labor Rela-
tions Act, any handbook or manual affecting employee
labor relations with the United States Postal Service, or
any collective bargaining agreement.
‘‘(4) As used in this subsection, the term ‘Gov-
ernors’ has the meaning given such term by section
102(3) of title 39, United States Code.’’.
(3) TECHNICAL
CORRECTION.—The Inspector
General Act of 1978 is amended by redesignating
952
States Code), other than an Executive agency (ex-
cept an agency receiving such authority in the De-
partment of Transportation Appropriations Act,
1997) that is authorized by any other provision of
this Act or any other Act to provide voluntary sepa-
ration incentive payments during all, or any part of,
fiscal year 1997; and
(2) the term ‘‘employee’’ means an employee
(as defined by section 2105 of title 5, United States
Code) who is employed by an agency, is serving
under an appointment without time limitation, and
has been currently employed for a continuous period
of at least 3 years, but does not include—
(A) a reemployed annuitant under sub-
chapter III of chapter 83 or chapter 84 of title
5, United States Code, or another retirement
system for employees of the agency;
(B) an employee having a disability on the
basis of which such employee is or would be eli-
gible for disability retirement under subchapter
III of chapter 83 or chapter 84 of title 5, Unit-
ed States Code, or another retirement system
for employees of the agency;
953
(C) an employee who is in receipt of a spe-
cific notice of involuntary separation for mis-
conduct or unacceptable performance;
(D) an employee who, upon completing an
additional period of service as referred to in
section 3(b)(2)(B)(ii) of the Federal Workforce
Restructuring Act of 1994 (5 U.S.C. 5597
note), would qualify for a voluntary separation
incentive payment under section 3 of such Act;
(E) an employee who has previously re-
ceived any voluntary separation incentive pay-
ment by the Federal Government under this
section or any other authority and has not re-
paid such payment;
(F) an employee covered by statutory re-
employment rights who is on transfer to an-
other organization; or
(G) any employee who, during the twenty
four month period preceding the date of separa-
tion, has received a recruitment or relocation
bonus under section 5753 of title 5, United
States Code, or who, within the twelve month
period preceding the date of separation, re-
ceived a retention allowance under section 5754
of title 5, United States Code.
1168
‘‘(II) conveyance pursuant to an
extension of credit previously con-
tracted, including the termination of a
lease agreement; or
‘‘(III) any other formal or infor-
mal manner by which the person ac-
quires, for subsequent disposition,
title to or possession of a vessel or fa-
cility in order to protect the security
interest of the person.
‘‘(iv) LENDER.—The term ‘lender’
means—
‘‘(I) an insured depository insti-
tution (as defined in section 3 of the
Federal Deposit Insurance Act (12
U.S.C. 1813));
‘‘(II) an insured credit union (as
defined in section 101 of the Federal
Credit Union Act (12 U.S.C. 1752));
‘‘(III) a bank or association char-
tered under the Farm Credit Act of
1971 (12 U.S.C. 2001 et seq.);
‘‘(IV) a leasing or trust company
that is an affiliate of an insured de-
pository institution;