125
HR 3756 RS
‘‘(2) The Office shall prescribe any regulations which
may be necessary to carry out this subsection, including
regulations under which contributions to the Fund shall,
with respect to the days of leave for which credit is given
under this subsection, be made—
‘‘(A) by the employee, equal to the employee
contributions which would have been required for
those days if separation had not occurred; and
‘‘(B) by the agency from which separated, equal
to the Government contributions which would have
been required if separation had not occurred.
Contributions under the preceding sentence shall be deter-
mined based on the rate of basic pay last in effect before
separation.
‘‘(3) Nothing in this subsection shall be considered—
‘‘(A) to allow credit to be given for any leave
standing to the credit of the employee (other than
by restoration) pursuant to subchapter III or IV of
chapter 63 or other similar authority;
‘‘(B) to permit or require the making of any
contributions to the Thrift Savings Fund with re-
spect to any period after the date of separation; or
‘‘(C) to make any days of annual leave cred-
itable for purposes of section 8410, any determina-
tion of average pay, or any computation of annuity.
126
HR 3756 RS
‘‘(4)(A) The taking of a lump-sum payment under
section 5551 or other similar authority shall not make any
of the leave to which such payment relates unavailable for
purposes of this subsection.
‘‘(B) The use of any leave for purposes of this sub-
section shall not reduce the amount of leave for which a
lump-sum payment is payable under section 5551 or other
similar authority.
‘‘(5) This subsection shall apply with respect to sepa-
rations occurring on or after the date of the enactment
of this subsection and before July 1, 2002.’’.
SEC. 634. AVAILABILITY OF ANNUAL LEAVE FOR EM-
PLOYEES AFFECTED BY REDUCTION IN FORCE.—Section
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 separated
from an agency due to a reduction in force or transfer of
function under subchapter I of chapter 35 may elect to use
annual leave to the employee’s credit to remain on the agen-
cy’s rolls after the date the employee would otherwise have
been separated if, and only to the extent that, such addi-
tional time in a pay status will enable the employee to qual-
ify for an immediate annuity under section 8336, 8412,
8414, or to qualify to carry health benefits coverage into
retirement under section 8905(b).’’.
127
HR 3756 RS
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
128
HR 3756 RS
Branch of Government including any office or com-
mittee of the Senate or the House of Representatives;
(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;
(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
129
HR 3756 RS
(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. (a) For purposes of this section, the term
‘‘political appointee’’ means any individual who—
(1) is employed in a position listed in sections
5312 through 5316 of title 5, United States Code
(relating to the Executive Schedule);
130
HR 3756 RS
(2) is a limited term appointee, limited emer-
gency appointee, or noncareer appointee in the Sen-
ior Executive Service, as defined under section
3132(a) (5), (6), and (7) of title 5, United States
Code, respectively; or
(3) is employed in a position in the executive
branch of the Government under schedule C of sub-
part C of part 213 of title 5 of the Code of Federal
Regulations.
(b) The President, acting through the Office of Man-
agement and Budget and the Office of Personnel Manage-
ment, shall take such actions as necessary (including re-
duction-in-force actions under procedures consistent with
those established under section 3595 of title 5, United
States Code) to ensure that the number of political ap-
pointees shall not, during any fiscal year beginning after
September 30, 1997, exceed a total of 2,300 (determined
on a full-time equivalent basis).
SEC. 639. Section 608 of Public Law 104–52 is amend-
ed in the first sentence by inserting before the period, ‘‘,
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
131
HR 3756 RS
1413 and 1423, and other provisions, in title LI of the Na-
tional 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 management
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 within
180 days, or less measured from when a study analy-
sis or review is initiated unless the Agency Head de-
termines additional time is needed; and
(3) in accordance with principles and rules gov-
erning organizational conflicts of interest, persons in-
volved in a particular study may not compete for any
work that is to be or is outsourced as a result of that
study.
(4) this section will apply with respect to studies
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 pro-
gram by January 1, 1999.
132
HR 3756 RS
SEC. 641. (a) SECTION 1.—AUTHORIZATION OF AP-
PROPRIATIONS.—Section 8(a)(1) of the Whistleblower Pro-
tection 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 Pro-
tection 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’’.
(b) SECTION 2.—EFFECTIVE DATE.—This Act shall
take effect on October 1, 1998.
SEC. 643. MODIFICATIONS OF NATIONAL COMMISSION
ON RESTRUCTURING THE INTERNAL REVENUE SERVICE.—
(a) QUORUM.—Paragraph (4) of section 637(b) of the
Treasury, Postal Service, and General Government Appro-
priations Act, 1996 (Public Law 104–52, 109 Stat. 510)
is amended by striking ‘‘Seven’’ and inserting ‘‘Nine’’.
(b) CO-CHAIRS.—
133
HR 3756 RS
(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) Paragraph
(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 in-
serting ‘‘Co-Chairs’’.
(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) 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 Ap-
propriations Act, 1996.
134
HR 3756 RS
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 effect
at the beginning of the next applicable pay period begin-
ning after the date of the enactment of this Act.
SEC. 645. REGULATORY ACCOUNTING.—(a) IN GEN-
ERAL.—No later than September 30, 1997, the Director of
the Office of Management and Budget shall submit to the
Congress an accounting statement that estimates the cumu-
lative costs and benefits of Federal regulatory programs.
(b) NOTICE.—The Director shall provide public notice
and an opportunity to comment on the accounting state-
ment and report under subsection (c).
(c) ASSOCIATED REPORT.—The Director shall submit
with the accounting statement an associated report that
shall contain, at a minimum—
(1) analysis of the direct and indirect impacts of
Federal rules on the private sector, State and local
government, and the Federal Government;
(2) estimates of the costs and benefits of each rule
that is likely to have a gross annual effect on the
economy of $100,000,000 or more in increased costs;
and
135
HR 3756 RS
(3) recommendations from the Director and pub-
lic comments to reform or eliminate any Federal reg-
ulatory program or program element that is ineffi-
cient or is not a sound use of national resources.
TITLE VII—SUPPLEMENTAL APPROPRIATIONS
AND RESCISSIONS FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 1996
BUREAU OF ALCOHOL, TOBACCO AND FIREARMS
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’ to be used in connection with investigations of
arson at religious institutions, $12,011,000, available
upon enactment of this Act and to remain available until
expended.
INTERNAL REVENUE SERVICE
INFORMATION SYSTEMS
(RESCISSION)
Of the funds made available under this heading for
Tax Systems Modernization in Public Law 104–52,
$12,011,000 $16,500,000 are rescinded.
TITLE VIII—ADDITIONAL GENERAL
PROVISIONS
SEC. 801. None of the funds appropriated by this Act
shall be available to pay any amount to, or to pay the
administrative expenses in connection with, any health
plan under the Federal employees health benefit program,