H. R. 3603—38
(B) shall be paid from appropriations or funds available
for the payment of the basic pay of the employees;
(C) shall be equal to the lesser of—
(i) an amount equal to the amount the employee
would be entitled to receive under section 5595(c) of
title 5, United States Code; or
(ii) an amount determined by the agency head
not to exceed $25,000 in fiscal year 1997, $20,000
in fiscal year 1998, $15,000 in fiscal year 1999, or
$10,000 in fiscal year 2000;
(D) shall not be a basis for payment, and shall not
be included in the computation, of any other type of Govern-
ment benefit; and
(E) shall not be taken into account in determining
the amount of any severance pay to which the employee
may be entitled under section 5595 of title 5, United States
Code, based on any other separation.
(3) LIMITATION.—No amount shall be payable under this
section based on any separation occurring before the date of
the enactment of this Act, or after September 30, 2000.
(d) ADDITIONAL AGENCY CONTRIBUTIONS TO THE RETIREMENT
FUND.—
(1) IN GENERAL.—In addition to any other payments which
it is required to make under subchapter III of chapter 83
or chapter 84 of title 5, United States Code, the agency shall
remit to the Office of Personnel Management for deposit in
the Treasury of the United States to the credit of the Civil
Service Retirement and Disability Fund an amount equal to
15 percent of the final basic pay of each employee of the
agency who is covered under subchapter III of chapter 83
or chapter 84 of title 5, United States Code, to whom a vol-
untary separation incentive has been paid under this section.
(2) DEFINITION.—For the purpose of paragraph (1), the
term ‘‘final basic pay’’, with respect to an employee, means
the total amount of basic pay which would be payable for
a year of service by such employee, computed using the employ-
ee’s final rate of basic pay, and, if last serving on other than
a full-time basis, with appropriate adjustment therefor.
(e) EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE GOVERN-
MENT.—An individual who has received a voluntary separation
incentive payment under this section and accepts any employment
for compensation with the Government of the United States, or
who works for any agency of the United States Government through
a personal services contract, within 5 years after the date of the
separation on which the payment is based shall be required to
pay, prior to the individual’s first day of employment, the entire
amount of the incentive payment to the agency that paid the
incentive payment.
(f) REDUCTION OF AGENCY EMPLOYMENT LEVELS.—
(1) IN GENERAL.—The total number of funded employee
positions in the agency shall be reduced by one position for
each vacancy created by the separation of any employee who
has received, or is due to receive, a voluntary separation incen-
tive payment under this section. For the purposes of this sub-
section, positions shall be counted on a full-time-equivalent
basis.
H. R. 3603—39
(2) ENFORCEMENT.—The President, through the Office of
Management and Budget, shall monitor the agency and take
any action necessary to ensure that the requirements of this
subsection are met.
(g) EFFECTIVE DATE.—This section shall take effect October
1, 1996.
SEC. 736. Interim Moratorium on Bypass Flows.—
(a) MORATORIUM.—Section 389(a) of Public Law 104–127 is
amended by striking ‘‘an 18-month’’ after the word ‘‘be’’ and insert-
ing ‘‘a 20-month’’.
(b) REPORT.—Section 389(d)(4) of Public Law 104–127 is amend-
ed by striking ‘‘1 year’’ after the word ‘‘than’’ and inserting ‘‘14
months’’.
(c) EXTENSION FOR DELAY.—Section 389 of Public Law 104–
127 is amended by adding at the end the following new subsection—
‘‘(e) EXTENSION FOR DELAY.—There shall be a day-for-day exten-
sion to the 20-month moratorium required by subsection (a) and
a day-for-day extension to the report required by subsection (d)(4)—
‘‘(1) for every day of delay in implementing or establishing
the Water Rights Task Force caused by a failure to nominate
Task Force members by the Administration or by the Congress;
or
‘‘(2) for every day of delay caused by a failure by the
Secretary of Agriculture to identify adequate resources as deter-
mined by the Secretary of Agriculture to carry out the purposes
of the Task Force.’’.
TITLE 
VIII—SUPPLEMENTAL 
APPROPRIATIONS 
AND
RESCISSION 
FOR 
THE 
FISCAL 
YEAR 
ENDING
SEPTEMBER 30, 1996
DEPARTMENT OF AGRICULTURE
FARM SERVICE AGENCY
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
For an additional amount for the Agricultural Credit Insurance
Fund Program Account for the additional cost of emergency insured
loans authorized by 7 U.S.C. 1928–1929, including the cost of
modifying such loans as defined in section 502 of the Congressional
Budget Act of 1974, resulting from droughts in the Western United
States, Hurricane Bertha, and other natural disasters, to remain
available until expended, $32,244,000: Provided, That these funds
are available to subsidize additional gross obligations for the prin-
cipal amount of direct loans of $110,000,000: Provided further,
That the entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the amount shall be available to the extent
that the President notifies Congress of his designation of any or
all of these amounts as an emergency requirement under section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985.
H. R. 3603—40
DEPARTMENT OF THE TREASURY
BUREAU OF ALCOHOL, TOBACCO, AND FIREARMS
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’, to be
used in connection with investigations of arson or violence against
religious institutions, $12,011,000, to remain available until
expended.
INTERNAL REVENUE SERVICE
INFORMATION SYSTEMS
(RESCISSION)
Of the funds made available under this heading in Public
Law 104–52, $16,500,000 are rescinded.
This Act may be cited as the ‘‘Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropria-
tions Act, 1997’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.